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Home My WebLink AboutCity Council - 07/14/2026Eden Prairie City Council Workshop Agenda 5:30 p.m. Tuesday, July 14, 2026 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 WORKSHOP AGENDA Heritage Rooms 1. 2027 Budget 2. Franchise Fees – Commercial/Industrial Properties 3. Ten Year Capital Improvement Plan Road Construction Projects Council Chambers 4. Open Podium 5. Adjournment Eden Prairie City Council Meeting Agenda 7 p.m. Tuesday, July 14, 2026 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. Update from Hennepin County Commissioners Edelson and Goettel B. Metro Transit Green Line Extension Update C. PeopleFest! Week Proclamation D. Adopt Resolution accepting Spring 2026 donations to Parks and Recreation V. Approval of Agenda and Other Items of Business VI. Minutes A. City Council Workshop held Tuesday, June 16, 2026 B. City Council Meeting held Tuesday, June 16, 2026 CITY COUNCIL MEETING AGENDA July 14, 2026 VII. Consent Calendar A. Clerk’s List B. Code Amendment – Data Centers. Approve second reading of an Ordinance to add language in Chapter 11 regulating Data Centers and adopt Resolution approving summary ordinance C. Adopt Resolution approving appointment of election judges for August 11, 2026 State Primary Election D. Approve lease for Cenobot SP 50 autonomous cleaning vacuum from Innovative Solutions E. Approve Minnesota Housing Local Housing Trust Fund Grant program spending plan F. Approve the Aﬀordable Housing Trust Fund funding agreement with West Hennepin Aﬀordable Housing Land Trust (doing business as Homes Within Reach) G. Award contract for 2026 Edenvale hard court rehabilitation to DMJ Asphalt Inc H. Approve change order #1 for 2026 pavement rehab project with Bituminous Roadways, Inc. I. Approve change order for Water Treatment Geothermal Project with Pioneer Power, Inc J. Approve professional services agreement for Riverview Road reconstruction with SRF K. Award construction contract for Sanitary Sewer Lift Station No. 16 (18488 Bearpath Trail) rehabilitation to Pember Companies, Inc. L. Approve grant agreement SG-21276 for sanitary sewer improvements under the 2023 Municipal Publicly Owned Infrastructure Inﬂow and Inﬁltration Grant Program M. Approve professional services agreement for support in preparation of the 2050 Comprehensive Plan with AE2S N. Award contract for Town Center Water Tower Trail to Concrete Idea, Inc VIII. Public Hearings and Meetings CITY COUNCIL MEETING AGENDA July 14, 2026 A. Marshall Farms by Marshall Farms, LLC. Adopt Resolution for a Comprehensive Plan Amendment from Medium Density Residential to Low Density Residential on 8.69 acres, adopt Resolution for a Planned Unit Development Concept Plan Review on 32.13 acres, approve ﬁrst reading of an Ordinance for a Planned Unit Development District Review with Waivers on 32.13 acres and a Zoning District Change from Rural to R1-9.5 on 17.84 acres, and from Rural to Parks and Open Space on 14.29 acres, adopt Resolution for Preliminary Plat on 32.13 acres, adopt Resolution for ﬁndings of fact in support of park dedication fees B. 11609 Leona Road phase II by Kimley-Horn. Adopt Resolution for a Planned Unit Development Concept Plan Review on 3.44 acres, Approve the ﬁrst reading of an Ordinance for a Planned Unit Development District Review with Waivers on 3.44 acres, adopt Resolution for Preliminary Plat on 3.44 acres C. 6345 Eden Prairie Road Zoning District Change. Approve ﬁrst reading of an Ordinance for a Zoning District Change from Public to R1-22 on 1.22 acres IX. Payment of Claims X. Ordinances and Resolutions XI. Petitions, Requests and Communications XII. Appointments XIII. Reports A. Report of Council Members B. Report of City Manager C. Report of Community Development Director D. Report of Parks and Recreation Director E. Report of Public Works Director F. Report of Police Chief G. Report of Fire Chief H. Report of City Attorney XIV. Other Business CITY COUNCIL MEETING AGENDA July 14, 2026 XV. Adjournment City Council Agenda Cover Memo Date: July 14, 2026 Section: Proclamations and Presentations Item Number: IV.C. Department: Parks and Recreation, Amy Markle ITEM DESCRIPTION PeopleFest! Week Proclamation. REQUESTED ACTION No formal action requested. Mayor Case will read the proclamation. SUMMARY This proclamation will declare July 26 – 31 as PeopleFest! Week. PeopleFest! is Eden Prairie’s annual celebration of culture, bringing the community together through a week of free events and programs that honor the diverse cultures that make our community unique. ATTACHMENTS Proclamation PROCLAMATION City of Eden Prairie Hennepin County, Minnesota PeopleFest! Week WHEREAS, Eden Prairie is a community composed of people from many backgrounds, races, ethnicities, abilities and identities; and WHEREAS, we are a City that is committed to the promotion of diversity, equity, inclusion and belonging; and WHEREAS, our community is more vibrant because of our diversity; and WHEREAS, cultural sharing leads to greater understanding and appreciation; and WHEREAS, “PeopleFest! A Community Celebration of Culture” is an annual, weeklong celebration that honors and celebrates the range of traditions that tell the rich story of our community; and WHEREAS, “PeopleFest!” offers many free opportunities to experience culture through stories, food, music, dance, visual art and more; and WHEREAS, the celebration’s main event is the “PeopleFest! Party” from 3 to 7 p.m. on Sunday, July 26 at Central Middle School; and WHEREAS, the “PeopleFest! Party” includes live music and dance performances, demonstrations and art experiences, as well as booths with a variety of cultural and educational organizations sharing their stories, activities and outreach. NOW, THEREFORE, BE IT RESOLVED, that the Eden Prairie City Council encourages everyone to take part in this community celebration of culture; and FURTHER, the Eden Prairie City Council does hereby proclaim July 26 through July 31, 2026, as “PeopleFest! Week” in Eden Prairie. Ronald A. Case, Mayor on behalf of Council Members: Kathy Nelson Mark Freiberg PG Narayanan Lisa Toomey City Council Agenda Cover Memo Date: July 14, 2026 Section: Proclamations and Presentations Item Number: IV.D. Department: Parks and Recreation ITEM DESCRIPTION 2026 Spring quarter donations to the Parks and Recreation Department REQUESTED ACTION Move to: Adopt a Resolution accepting the following donations: • Aspen Estates Luxury Memory Care - $150 – Senior Center Programs • Scheels - $1,000 – Hometown Celebration • JA Price - $1,000 – Hometown Celebration • Veridian Credit Union - $10,000 – Hometown Celebration • T-Fiber - $7,500 – Hometown Celebration SUMMARY These donations, totaling $19,650, will help Eden Prairie’s mission to provide quality special events, programs, and educational activities at little or no cost to residents. ATTACHMENTS Resolution City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $150 from Aspen Estates Luxury Memory Care for Senior Center programs is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $1,000 from Scheels for the Hometown Celebration is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $1,000 from JA Price for the Hometown Celebration events is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $10,000 from Veridian Credit Union for the Hometown Celebration is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $7,500 from T-Fiber for the Hometown Celebration is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this July 14th of 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk Unapproved Minutes Eden Prairie City Council Workshop Tuesday, June 16, 2026 4 p.m. Police Department Ribbon Cutting City Center – Police Department 8080 Mitchell Road Eden Prairie, MN 55344 5:30 p.m. Workshop 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 WORKSHOP AGENDA 4 p.m. Police Department Ribbon Cutting 5:30 p.m. Heritage Rooms 1. Capital Improvement Plan 2027 to 2036 Getschow explained tonight’s discussion will focus on the 2027 to 2036 Capital Improvement Plan (CIP) and a potential Local Option Sales Tax (LOST). Getschow introduced Finance Manager Tammy Wilson to give an overview of the CIP. Wilson explained the CIP is a planning and ﬁnancial management tool to coordinate upcoming projects and funding sources. One key policy is to maintain a debt level of between ten and 15 percent of the General Fund budget. The City is currently at ﬁve percent, well under the policy recommendation. Wilson provided a summary of CIP projects by department. The total of all CIP projects between 2027 and 2036, excluding projects that could potentially be funded with LOST, is $357 million. This is a decrease from the last CIP total of $367 due to the police remodel. Wilson explained tonight’s focus will be on projects scheduled for 2027 and 2028. Wilson explained one of the project funding sources is the Capital Maintenance and Reinvestment Fund (CMRF). The CMRF fund is used for projects without a dedicated funding source. Revenue sources for this fund include Eden Prairie Liquor proﬁts, antenna rent revenue, leases, and Smith House rent. Narayanan asked if money from Comcast funds the CMRF. Wilson explained cable franchise fees are a General Fund revenue source. Case asked if money from the CMRF funds Smith House projects. Wilson conﬁrmed the CMRF funds projects at Smith House. Freiberg asked for the revenue amount for antenna rent. Wilson conﬁrmed its $460 thousand annually. There is also a $400 thousand tax levy that funds the CMRF, which the City did not levy last year due to positive General Fund performance. Case asked if foregoing the levy is noticeable to the taxpayer. Getschow conﬁrmed it lowered the levy by approximately one percentage point. Wilson explained the remaining CMRF funding sources including any one time revenues and a transfer from the General Fund. Wilson displayed a chart showing the projected CMRF balance, revenues, and expenses between 2027 and 2036. The fund balance is projected to decrease over the ten year CIP, which is the nature of the fund. One time revenue is not budgeted as its not a guarantee. Expenses vary year to year due to project timing. Narayanan asked why the balance is starting so high and then decreases quickly. Wilson conﬁrmed there are many large projects scheduled for 2027 including a $2.4 million ﬁre truck purchase and $720 thousand of turnout gear. Case asked how the starting CMRF fund balance became so high. Wilson conﬁrmed it is due to multiple one time revenues received. Getschow added the CMRF has historically had a starting balance between eight and 18 million. The starting balance is high due to positive general fund performance in the past few years. Wilson next described capital projects scheduled for the next two years. Community Development has two projects scheduled, light rail transit station area maintenance and bridge railing replacement. Engineering’s projects include Purgatory Creek Bridge and annual right of way maintenance. Facilities projects include furnace and air conditioning at ﬁve park shelters and installing additional EV charging stations. Fire’s projects include purchase of a tower 41 ﬁre truck, turn out gear, and replacement of radios and a ﬁre boat. Toomey asked for more details on the ﬁre boat. Gerber conﬁrmed the City currently has two boats to aid in emergency event response, the current plan is to replace the two boats with one. Case asked for information on how often turn out gear is replaced. Gerber noted each ﬁreﬁghter has two sets of turnout gear replaced in ﬁve year increments. Wilson stated Fleet’s projects over the next few years include a vehicle lift replacement and a monitoring system to manage fuel storage tanks. Park’s projects are mainly maintenance and equipment replacement at parks and shelters. Police’s projects include an additional patrol squad car and equipment for day-to-day operations. Case asked if all new squad cars are electric. Sackett conﬁrmed the new squad car is electric. Most new patrol cars are where practical. There are three Chevrolet Blazers in service, with three more waiting for build. Investigation cars are also electric. Wilson explained the Public Works projects include light rail transit plaza equipment and a hydro excavator trailer. Toomey asked if the Metropolitan Council pays for light rail transit equipment. Getschow conﬁrmed all the major equipment related to the transit system is paid for by the Metropolitan Council. Klima added Community Development budgets dollars for auxiliary items such as bike racks. Wilson stated the Park Improvement Fund is funded by new development park fees, approximately $250 thousand annually. This fund can only be used for new parks or park equipment. It will fund approximately $5.6 million of park projects in the next ten years. Nelson commented on how many compliments she receives on Eden Prairie’s parks. Wilson explained the Transportation Fund is funded by a new State dedicated sales tax on auto parts, of which Eden Prairie is allocated approximately $112 thousand annually. Approximately $5.9 million of projects will be funded over the next ten years. One of the Transportation Fund’s larger funding projects is Willow Creek Road. Narayanan asked if the signal at Costco will be replaced. Ellis conﬁrmed the temporary signal will be replaced with funding almost entirely by Costco. Wilson explained the Pavement Management Fund is funded by approximately $5.4 million of franchise fees per year. Over the next ten years approximately $67 million of projects will be funded, mainly annual pavement management. Municipal State Aid funds any road projects that are State eligible, such as Dell Road and Riverview Road. Wilson next described Internal Service Funds (ISF) including facilities, information technology (IT), and ﬂeet. When funds complete projects, the costs are allocated back to departments. The Facilities ISF’s projects include City Center and Fire Station 1 parking lot and replacing the Maintenance Facility roof. The Fleet ISF is funding approximately $4 million of vehicles and equipment over the next two years mainly for Police, Parks, and Utilities. Wilson summarized funding sources and projects for the Water, Wastewater, and Stormwater funds. Wilson explained projects in the early stages of planning that do not have an identiﬁed funding source are labeled with “Funding Under Review” including a drone ﬁrst responder, the Valley View Road and Highway 169 interchange, and the Highway 4 and 5 intersection. Most of the projects within other funding sources will be partially funded by the County, State, Federal government, other entities, or grants. Wilson displayed a chart summarizing outstanding debt through 2045. Getschow added previous CIPs have included debt as a funding source. In the current CIP, there is no debt planned for the next ten years. Markle explained there are several projects included in the CIP that could be eligible for funding via Local Option Sales Tax (LOST). These include: converting the rink 1 ice to ammonia and redoing the ﬂooring, redoing the Eden Prairie Community Center (EPCC) ﬁtness ﬂoor, remodel the EPCC lobby, and installing artiﬁcial turf at Miller Park. Any project funded by LOST would have to be regionally signiﬁcant. The typical LOST rate is 0.5% for 20 years. The University of Minnesota was commissioned to complete a LOST study. Their ﬁndings determined 44 percent of taxable sales in the City are from non-residents. LOST could conservatively generate $120 million for the City. Markle described LOST in the political landscape. Nine communities requested LOST authorization in the past legislative session without approval. Many cities will try again in 2027. The legislative landscape is diﬀerent this year with a diﬀerent tax chair. Some legislators think the State should be helping more. Narayanan asked if LOST would be collected on utility bills. Markle conﬁrmed LOST would only be collected on taxable goods excluding utility bills, food, and medication. Markle described projects identiﬁed based on need in the next few decades. A Miller Park renovation including regraded ﬁelds, irrigation, ﬁeld lighting, bathrooms, concessions, and an inclusive playground would be a high priority. Another identiﬁed project would be improvements to the EPCC including an outdoor aquatics center, rink 1 upgrades, EPCC lobby remodel, and ﬁtness ﬂoor expansion. A third project option is a year-round ﬁeld house including indoor turf ﬁelds, a walking track, a play space, and multi-purpose rooms. The ﬁnal project proposal is an environmental education and event center, including a multi-purpose gathering space. Nelson commented on the importance of keeping the amenity quality high for those saving to buy a home in Eden Prairie. Getschow agreed everything in the CIP is planned to maintain a high amenity quality for the next ten years. Markle outlined next steps including work sessions to discuss direction and projects, working with legislators and lobbyists, adopting a resolution, and obtaining legislative approval. Voting on each project would likely not occur until 2028, and the tax would start being collected in 2029. Council Chambers 2. Open Podium A. John Mallo, Peace Flags and Dedicating Gazebo at Purgatory Creek Park John Mallo, 14000 Forest Hills Road, requested two extensions to the Veterans Park memorial: adding four peace ﬂags and dedicating the eight supports of the Purgatory Creek Park Lambert Pavilion to eight veterans. Case stated Mallo’s request would follow established City processes to determine feasibility. 3. Adjournment Eden Prairie City Council Unapproved Meeting Minutes 7 p.m. Tuesday, June 16, 2026 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 Mayor Case called the meeting to order at 7:01 p.m. All Council Members were present. II. Pledge of Allegiance III. Open Podium Invitation IV. Proclamations and Presentations A. City Government Academy Graduation Getschow explained City Government Academy is a free, six-week program offering Eden Prairie residents a behind-the-scenes look at how the City operates. Each week, a different Department is spotlighted while participants tour facilities, meet staff and learn about municipal government. The City Government Academy Class of 2026 completed the Academy in May. Council Members presented graduation diplomas, and participants shared words about the program. V. Approval of Agenda and Other Items of Business MOTION: Toomey moved, seconded by Narayanan to approve the agenda. Motion carried 5-0. CITY COUNCIL UNAPPROVED MEETING MINUTES June 16, 2026 VI. Minutes MOTION: Toomey moved, seconded by Narayanan to approve the minutes of the Council workshop held Tuesday, May 19, 2026, and the City Council meeting held Tuesday, May 19, 2026, as published. Motion carried 5-0. VII. Consent Calendar A. Clerk’s List B. Adopt Resolution No. 2026-044 approving participation in the performance measurement program established by Council on local results and innovation C. Adopt Resolution No. 2026-045 and authorize entry into labor agreement with Law Enforcement Labor Services (LELS) for Police Support Staﬀ D. Adopt Resolution No. 2026-046 and authorize entry into labor agreement with Law Enforcement Labor Services (LELS) for Police Dispatch Supervisor and Records Supervisor E. Adopt Resolution No. 2026-047 approving Aquatic Invasive Species Prevention Grant Agreement with Hennepin County F. Adopt Resolution No. 2026-048 approving Tax Increment Financing special legislation G. Adopt Resolution No. 2026-049 approving Village Woods Minor subdivision H. Award contract for the 2026 County Road 62 Trail rehabilitation project to Aslakson’s Services Inc. I. Approve one-year lease extension for Riley Lake Park Rental House with Nathan Lovas and Autumn Brown Lovas J. Approve partnership agreement with T-Fiber for the July 3 and 4 Hometown Celebration K. Approve partnership agreement with Veridian Credit Union for the July 3 and 4 Hometown Celebration L. Approve contract for goods and services for one set of rescue (extrication) tools with Clarey’s Safety Equipment M. Approve purchase of Automatic External Deﬁbrillators (AEDs) and associated equipment from Lifeline Incorporated CITY COUNCIL UNAPPROVED MEETING MINUTES June 16, 2026 N. Approve agreement authorizing Segal Company to complete compensation analysis and market study for City positions O. Approve software as a service agreement for public safety applications primarily used by the Police and Fire Departments with Tyler Technologies P. Approve Change Order No. 1 for the Dorenkemper House project bathroom addition with Hamburg Builders Group Q. Reauthorize contract for construction of Sanitary Sewer Lift Station No. 16 control panel R. Approve professional services agreement for Climate Action and Adaptation Plan update with LHB, Inc. S. Approve 2027 vehicle and equipment replacement purchasing T. Approve 2026-2028 Metropolitan Council Clean Water Fund grant agreement U. Approve professional services agreement for 2026 traﬃc signal improvements with SRF V. Approve professional services agreement for backﬂow prevention device inspection and management services with HydroCorp, Inc. W. Approve construction agreement for streetlighting services with Xcel Energy X. Approve addition of Government Experience Agent (GXA) to City website and term extension of Granicus, LLC subscription agreement MOTION: Narayanan moved, seconded by Nelson to approve Items A-X on the Consent Calendar. Motion carried 5-0. VIII. Public Hearings and Meetings A. Prairie Bluﬀ Commons by US Home, LLC. Adopt Resolution No. 2026-050 for a Comprehensive Plan amendment from Oﬃce to Medium Density Residential on 23.59 acres and from Oﬃce to Low Density Residential on 4.82 acres; adopt Resolution No. 2026-051 for a Planned Unit Development concept plan review; Approve ﬁrst reading of an Ordinance for a Planned Unit Development district review with waivers and zoning district change from Oﬃce to RM-6.5 on 23.59 acres and from Oﬃce to R1-9.5 on 4.82 acres; Adopt Resolution No. 2026-052 for a Preliminary Plat; Adopt Resolution No. 2026-053 for ﬁndings of fact in support of Park Dedication Fees CITY COUNCIL UNAPPROVED MEETING MINUTES June 16, 2026 Getschow explained the applicant is requesting approval to redevelop the property at 14800 Charlson Road and the unaddressed vacant parcel to its northwest. Together, the parcels total 28.41 acres. The property at 14800 Charlson Drive is 16.74 acres, and there has been an oﬃce building on the property for nearly 20 years. Today the building is vacant, and the applicant is proposing to redevelop the site with 90 owner-occupied townhomes and 16 single-family lots. The parcel to the northwest is 11.67 acres and is currently undeveloped. The Applicant is proposing to develop 76 owner-occupied townhomes on the parcel. There will be a total of 182 units. The applicant, Josh Metzer, of Lennar Homes, 16355 36th Avenue North, Plymouth, Minnesota, introduced himself. One of the site’s C.H. Robinson oﬃce buildings on the corner of Flying Cloud Drive and Charleson Road would be demolished to make room for townhomes and villas. The project will include landscaping between buildings and preserved trees and ponds. There will be window glazing to reduce noise due to the nearby airport. Each townhome will have three bedrooms with 1,750 square feet, and the villas will range in size from two to three bedrooms, and 1,550 square feet to 3,275 square feet. The entire community will be maintained by an HOA. Narayanan asked if the HOA would also maintain the villas. Metzer conﬁrmed the HOA will maintain the villas. Metzer added all the villas will include EV-ready garages for electric vehicles and will be solar panel-ready. There will be open space with a proposed playground, dog park, and trails that run between the villas and townhomes. The timeline for the project includes demolition of one of the C.H. Robinson oﬃce buildings and grading the street. Some utility and street construction will begin this fall. Full buildout of the project is estimated to take ﬁve to six years. Case asked if all the roads in the development will be built prior to completion, or if the only exit will be to head east to Charleston and out. Metzer conﬁrmed the plan will not include a road to exit west until phase three is built. Vicki Pellar Price, 15487 Junegrass Lane, noted she has concerns about Liatris Lane being used as a thoroughfare for construction crews. Liatris Lane ends at Gate J on Charleson Road, and during airport events, the road gets very congested. There are other roads construction could use to access Charleson Road from two diﬀerent points. The concern is not about the development but about safety for pedestrians who live there, as well as traﬃc. MOTION: Nelson moved, seconded by Narayanan to close the Public Hearing. Motion carried 5-0. CITY COUNCIL UNAPPROVED MEETING MINUTES June 16, 2026 Toomey asked what kind of windows would be used in the development to uphold sound standards near the airport. Metzer stated the development would use a standard window with glazing to keep sound out. He will provide window speciﬁcations to staﬀ if needed. Residents will be required to sign a disclosure conﬁrming they understand the impact of living near an airport. Community Development Director Julie Klima added the development agreement will include language requiring windows of a certain standard to be installed to mitigate noise from the airport, and residents will sign a sound disclosure. Toomey asked if residents will have the option for additional upgrades for noise reduction. Metzer noted residents would have to do those additional upgrades on their own. Toomey stated she has concerns residents may not understand the reality of living near an airport. Narayanan asked if the developers held a neighborhood meeting and heard any feedback. Metzer noted there was a neighborhood meeting, 424 notices were sent out, with ﬁve households attending the meeting. Feedback was regarding trail usage and amenities, traﬃc, and information related to purchasing property. Narayanan asked if the City did a traﬃc study for this development. Public Works Director Robert Ellis conﬁrmed a traﬃc study was done. This proposed development generates an estimated 89 vehicles going in and out during morning peak hours, and an estimated 100 vehicles during evening peak hours. The previous oﬃce building on this site generated three times the amount of traﬃc. The study estimated Liatris Lane will see more traﬃc with 27 additional vehicles in morning peak hours, and 30 additional vehicles in the evening peak hours. The study found the roads used can continue to operate without any major concerns with additional traﬃc. Case asked if a new exit onto Charleson would be built if the northeast corner of this parcel is developed. Ellis conﬁrmed if the parcel develops, he assumes there would be a new street to provide more access. Case added traﬃc will not be impacted for two to three years, and the full impact of the development will not be felt for ﬁve years. Narayanan asked if the developers had thought of doing fully solar roofs on the townhomes. Metzer noted it is not something that has been considered in Minnesota. Narayanan thanked the developers for making the villas EV-ready so residents do not have to spend thousands to install them themselves. CITY COUNCIL UNAPPROVED MEETING MINUTES June 16, 2026 Nelson asked if residents can contact the developer if the HOA does not do its job or greatly increases the price. Metzer noted Lennar Homes has two HOA managers who work with HOA members until fully taken over by the residents. There will also be management companies to manage each HOA, with two full- time Lennar Homes staﬀ members. Nelson asked if Lennar Homes has seen residents not comply with HOA rules or the HOA not enforcing rules. Metzer stated he has not seen residents ignore or HOA’s not enforce the bylaws. Case stated the Council received a letter from HOA President John Miller with concerns about traﬃc, the conservation area (which is City-owned and maintained), and trespassing in the playground and pool area. The letter was quite positive in general, and the Council should feel comfortable with approval. Toomey stated her appreciation for leaving the remaining trees in the development. MOTION: Toomey moved, seconded by Narayanan to adopt Resolution No. 2026-050 for a Comprehensive Plan Amendment from Oﬃce to Medium Density Residential on 23.59 acres and from Oﬃce to Low Density Residential on 4.82 acres; and adopt Resolution No. 2026-051 for a Planned Unit Development concept plan review on 28.41 acres; and approve the ﬁrst reading of an Ordinance for a Planned Unit Development district review with waivers on 28.41 acres and a zoning district change from Oﬃce to RM-6.5 on 23.59 acres and from Oﬃce to R1-9.5 on 4.82 acres; and adopt Resolution No. 2026-52 for a preliminary plat of 28.41 acres into 166 lots for the townhome units, 16 lots for the single-family units, nine lots for common open space and eight out lots; and adopt Resolution No. 2026-053 for ﬁndings of fact in support of park dedication fees; and direct Staﬀ to prepare a Development Agreement for Prairie Bluﬀ Commons incorporating Staﬀ and Council conditions. Motion carried 5-0. B. Code Amendment – Data Centers. Approve First Reading of Ordinance to add language in the zoning code regulating Data Centers. Getschow explained the proposed amendment to the City Code deﬁnes and regulates data centers. The Ordinance includes a deﬁnition and the appropriate zoning district in which such use is allowed and establishes reasonable regulations to preserve community interests. Klima explained this is an emerging land use many cities are addressing. This amendment would provide direction to any potential data center developers of Eden Prairie's expectations. To date, the City has not received any inquiries about potential data centers. CITY COUNCIL UNAPPROVED MEETING MINUTES June 16, 2026 Klima continued there is concern around noise, water, and electrical impacts with data centers. The City is not in a position where data centers can be prohibited, but there can be regulations put in place to mitigate impacts. In the draft Ordinance Staﬀ will address location, alignment with climate action, sustainability priorities, impact on neighboring properties, water impacts, and renewable energy sources. The Ordinance deﬁnes data centers will be permitted for use in the I-Gen zoning district, which includes larger sites, and provides clarity on safety and standards. Standards include a 700-foot buﬀer from any mechanical equipment, right of way, residential use, and would have to connect to City water with a closed-loop cooling system. Staﬀ will have the opportunity to impose any conditions or requirements as part of the Ordinance to mitigate concerns coming from the speciﬁc use of a data center or project. Narayanan asked if there should be a restriction on how close a data center can be to the airport. Klima noted staﬀ did not see any impact on the airport, but the City has a joint airport zoning Ordinance addressing the primary concerns of building height and airspace. Freiberg asked why data centers have become such a hot topic in so many communities. Narayanan noted data centers did not need as much capacity previously. Today, companies like Amazon are building large-scale data centers, which consume a lot of energy and produce a lot of pollution. Toomey asked if data centers would be allowed to drill their own wells. Klima conﬁrmed the Ordinance is written to require data centers to connect to City water. Case added in big data centers, water and electricity usage are inversely proportional to each other, and getting both less water and electricity usage is not possible. Recent reports estimate 50 percent of all electric usage in the United States will be in data centers in 10 years. The question will not be if, but where to put data centers, so it is smart to be proactive with this Ordinance. Vicki Pellar Price, 15487 Junegrass Lane, noted people are not happy about data centers being in their communities, and whatever the Council is going to do, she would probably agree with. MOTION: Narayanan moved, seconded by Nelson to close the Public Hearing. Motion carried 5-0. Nelson asked if the City can limit how much water a data center can use from the City per year. Ellis noted there is currently not a prohibition on the maximum amount of City water used, but the Ordinance would ban drilling for a new well. CITY COUNCIL UNAPPROVED MEETING MINUTES June 16, 2026 Narayanan stated he used to be responsible for 24 data centers, and all of them did not have to use water for cooling. Electricity use should be a more important concern. MOTION: Narayanan moved, seconded by Toomey to approve the ﬁrst reading of an Ordinance for code amendments related to data centers. Motion carried 5-0. IX. Payment of Claims MOTION: Freiberg moved, seconded by Nelson to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Nelson, Narayanan, Toomey, and Case voting “aye.” X. Ordinances and Resolutions XI. Petitions, Requests, and Communications XII. Appointments A. Students on Commissions Getschow explained the Students on Commissions program is a great way for students to contribute to their community in an oﬃcial capacity while gaining valuable insight about municipal government. Applications for students on Commission positions were accepted from mid-April to the end of May. There were 47 applications received this year, and there were more applicants than spots available on the Commissions. Commission staﬀ liaisons reviewed the applications, and the appointment recommendations are based on the students' stated commission preferences and the quality of their applications. An orientation session will be held in late August. Student Commission member terms begin in September 2026 and run through May 2027. MOTION: Toomey moved to appoint to the Flying Cloud Airport Advisory Commission: Brayton Bahner, Shikha Mahendrakar, Liam Kremer, Nitesh Amin, Jiya Nair, and Majda Ahmed; MOTION: Narayanan moved to appoint to the Heritage Preservation Commission: Kensley McQuillan, Evan Ebert, Medha Ganjam, Oindri Bagchi, Aishah Alam; MOTION: Case moved to appoint to the Human Rights and Diversity Commission: Gatrika Ravella, Saﬁya Mohamed, Roshini Drakshapally, Siri Bachigari, Anjolaoluwa Raimi, Ryan Altawil, Ikra Ibrahim; CITY COUNCIL UNAPPROVED MEETING MINUTES June 16, 2026 MOTION: Nelson moved to appoint to the Parks, Recreation and Natural Resources Commission: Lyla Stidger, Bryce Dennison, Alex Hoyt, John Melchior, Ruwaida Warsame, Kai Schmitt, Seth Gilligan; MOTION: Freiberg moved to appoint to the Sustainability Commission: Yash Gupta, Himaja Gunturi, Avni Maheshwari, Rose Wicks, Bonarissa Lobo, Jhansi Senthilkumar, Aarav Gupta, Ipshita Tiwari; seconded by Nelson. Motion carried 5-0. XIII. Reports A. Report of Council Members B. Report of City Manager C. Report of Community Development Director D. Report of Parks and Recreation Director 1. July 3 and 4 Hometown Celebration Parks and Recreation Director Amy Markle provided an update on the July 3 and July 4 Hometown Celebration. There will be Sparkle Fest at Round Lake Park on July 3, from 6 to 10:30 p.m. with a concert, food trucks, World Cup viewing, drone show, and dance party. On July 4 at Round Lake Park from 4 to 11 p.m. there will be another concert, food trucks, World Cup viewing, beer garden, and a T-6 aerial ﬂyover. The ﬁreworks show will begin at 10 p.m. Transportation will be available via Southwest Transit. 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: Freiberg moved, seconded by Toomey to adjourn the meeting at 8:46 PM. Motion carried 5-0. CITY COUNCIL UNAPPROVED MEETING MINUTES June 16, 2026 Respectfully Submitted, ___________________ Sara Potter, Administrative Support Specialist City Council Agenda Cover Memo Date: July 14, 2026 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: Preserve Association Event: Bingo Date: August 8, 2026 Place: Preserve Association, 11221 Anderson Lakes Parkway Gambling/Bingo Organization: Eden Prairie Chamber of Commerce Event: Purse Bingo Date: September 17, 2026 Place: Fat Pants Brewing, 8335 Crystal View Road Gambling/Raﬄe Organization: Foundation for Eden Prairie Schools Event: Eagle Excellence Showcase Date: October 3, 2026 Place: 11840 Valley View Road Temporary On-Sale Liquor Organization: Foundation for Eden Prairie Schools Event: Eagle Excellence Showcase Date: October 3, 2026 Place: 11840 Valley View Road Liquor License – 2AM Closing Permit – Renewal Licensee Name: American Multi-Cinema, Inc DBA: AMC Theatres Eden Prairie 18 8251 Flying Cloud Drive #4000 City Council Agenda Cover Memo Date: July 14, 2026 Section: Consent Calendar Item Number: VII.B. Department: Community Development/Planning Julie Klima/Beth Novak-Krebs ITEM DESCRIPTION This is the 2nd reading of an ordinance relating to data centers. REQUESTED ACTION Move to: • Approve the 2nd Reading of an Ordinance for Code Amendments related to data centers. • Adopt a Resolution Approving a Summary Ordinance and authorize the publishing of said summary. SUMMARY The proposed amendment to City Code deﬁnes and regulates data centers. The ordinance includes a deﬁnition, the appropriate zoning district in which such use is allowed and establishes reasonable regulations to preserve community interests. ATTACHMENTS Ordinance for Data Centers Resolution approving a Summary Ordinance City of Eden Prairie Hennepin County, Minnesota Ordinance No. __–2026 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.02, SECTION 11.05, AND SECTION 11.30 RELATING TO DATA CENTERS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 11, Section 11.02, Deﬁnitions, is amended by adding the following deﬁnition alphabetically: Data Center means a facility used primarily for the storage, management, processing and transmission of digital data, which houses computer or network equipment, systems, services, appliances, and other associated components related to digital data storage, which may also include oﬃces, air handlers, utility substations, generators, water cooling systems, and other appurtenances necessary to support the operations. A data center is not considered a warehouse for the purposes of this chapter. Section 2. City Code· Chapter 11, Section 11.05, Subsection D, Permitted Use Table for Commercial and Industrial Districts, is amended by adding the following row alphabetically under “Industrial”: Office Com Com Reg Reg- Serv Hwy I 2 I 5 I Gen A OFC A Data Center P Section 3. City Code Chapter 11, Section 11.30 Industrial Districts, Subdivision 1, Subsection C, is deleted in its entirety and replaced with the following: C. The special purpose of the I-GEN General Industrial District is to provide locations where industries that desire large sites, outdoor storage, or have more intensive impacts can operate with reasonable regulations to mitigate adverse impacts on other uses. Section 4. City Code Chapter 11, Section 11.30 Industrial Districts, is amended by adding the following new Subdivision 6, and renumbering the current Subdivisions 6 through 15 as Subdivisions 7 through 16: Subd. 6. Data Centers A. Purpose and Findings. This purpose of this subdivision is to regulate the establishment and operation of data centers to ensure such facilities are compatible with surrounding land uses, minimize environment impacts, protect natural resources, advance the goals of the City’s Climate Action Plan, and contribute positively to the community. The Council ﬁnds that deﬁning and addressing the location, establishment, and standards for data centers is important to ensure the health, safety, and general welfare of residents, landowners, and the general public. All data centers are subject to the regulations contained in this subdivision. B. Permitted Use. Data centers are a permitted use in the I-General Zoning District subject to the following standards and requirements. C. Performance Standards. All data centers must comply with the following performance standards and requirements: 1. Must not be located any closer than 700 feet from property on which one or more residential dwellings are located as measured from property line to property line. 2. All mechanical equipment, including but not limited to transformers and generators, must not be located closer than 700 feet from abutting right-of-way or property on which one or more residential dwellings are located as measured from property line to property line. The equipment must be fully screened by a building that is visually integrated with the design of overall development or screened by a decorative screen wall. 3. The data center must be connected to and use the City water system. 4. Buﬀers and screening must be provided in accordance with Section 11.42, Subd. 5.R. D. Submittal Requirements. Prior to issuance of the ﬁrst City approval required for a data center project, including but not limited to rezoning, site plan, or building permit approval, the applicant must submit the following information to the City. As a condition of approval, the City may require mitigation plans commensurate with the ﬁndings of the studies. 1. Land use compatibility study. 2. Noise study. 3. Environmental impacts and resource conservation study. 4. Community impacts study (emergency services, solid waste, schools, etc.) related to the proposed data center. 5. Respective to the City’s Climate Action Plan goals, the applicant must provide a narrative demonstrating how the data center project aligns with the following sustainability objectives: a. Positively impacts on the goal of community-wide carbon neutrality by 2050. b. Contributes to the interim goal that 80% of all new construction projects are net zero emissions by 2040. c. Contributes to the interim goal that the City meets 10% of its electricity load through the use of on-site solar by 2040. 6. Conﬁrmation that sustainability measures will be incorporated into project, including the following information: a. Proof of compliance or certiﬁcation with at least one of the sustainable design or green building standards identiﬁed in Minn. Stat. § 297A.68, Subd. 42(l)(1-7). b. Report on estimated energy usage of the project and utility capacity to meet electrical demand. This must include conﬁrmation from the electric utility that the increased demand from the project will not prevent or delay the utility from meeting its renewable energy requirements under Minn. Stat. § 216B.1691. c. Proof of incorporation of renewable energy into the design and operation of the proposed data center, including but not limited to incorporation of on-site solar on at least 70% of usable roof space within six months of occupancy. d. Study identifying estimated annual water usage of the project and subsequent impact on wastewater systems. Study should include proof of incorporation of water conservation measures, including but not limited to: i. WaterSense certiﬁed ﬁxtures; and ii. Closed-loop cooling systems, air cooling, or other cooling systems that utilize recycled or reclaimed water and minimize new water use. e. Proof or certiﬁcation that any backup power generators will be Tier 4 backup generators to limit air pollution as certiﬁed by the EPA. 7. A decommissioning plan. Section 5. 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 6. This ordinance will become eﬀective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on June 16, 2026, and ﬁnally read and adopted and ordered published at a regular meeting of the City Council of said City on July 14, 2026. ATTEST: David Teigland, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the _______________, 2026. City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ___2026 AND ORDERING THE PUBLICATION OF SAID SUMMARY BE IT RESOLVED, Ordinance No. __-2026 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 14th day of July, 2026; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. __-2026 is lengthy and contains a table. B. The text of summary of Ordinance No. __-2026, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and eﬀect of the Ordinance. C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular oﬃce hours, at the oﬃce of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City oﬃces. E. Ordinance __-2026 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council of the City of Eden Prairie this ____________________________. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-2026 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING IN ITS ENTIRETY CITY CODE CHAPTER 11, SECTIONS 11.02, 11.05 AND 11.30 RELATING TO DATA CENTERS 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 amends Chapter 11, Section 11.02 by adding a clear deﬁnition of a data center, Section 11.05 Subsection D by amending the Permitted Use Table to include data centers as a permitted use in the I-General Zoning District, Section 11.30 by modifying the special purpose of the I-Gen Zoning District stating that uses with more intensive impacts can operate in the I- Gen Zoning District with reasonable regulations to mitigate adverse impacts on other uses, amending Section 11.30 by adding a new Subdivision 6 with regulations for data centers. Eﬀective Date: This Ordinance shall take eﬀect upon publication. ATTEST: ____________________________ ______________________________ David Teigland, City Clerk Ron Case, Mayor PUBLISHED in the Sun Sailor on ____________, 2026. (A full copy of the text of this Ordinance is available from City Clerk.) City Council Agenda Cover Memo Date: July 14, 2026 Section: Consent Calendar Item Number: VII.C. Department: Administration/City Clerk David Teigland ITEM DESCRIPTION This resolution appoints residents to serve as election judges in the upcoming State Primary Election on August 11, 2026. It also authorizes the City Clerk to make changes to the appointments as needed. REQUESTED ACTION Move to: Adopt Resolution approving the appointment of election judges for the August 11, 2026, State Primary Election. SUMMARY State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before an election. ATTACHMENTS Resolution City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION APPOINTING ELECTION JUDGES FOR THE STATE PRIMARY ELECTION TO BE HELD AUGUST 11, 2026 WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election or alternate judges and are appointed for the State Primary Election to be held August 11, 2026. Carter Aakhus Amina Adeyemi James Allen Jill Anderson Keith Anderson Mary Anderson Beverly Annunziato Craig Armstrong Tony Arndt James Ashley Leanne Ashley Betty Bajwa Sarah Bakal Frances Barry John Barth James Bayer Susan Bayer Sandra Becker Kristine Benson Rachel Benzine Jessica Bergmann Ileene Besselievre Jennifer Bharucha Michael Biermaier Judith Bissonett Christine Bletscher McKayla Boelter Charles Boline Nancy Bollweg Sharon Borine Stacey Bozanich Randall Bradley Tracy Bredehoft David Brennan Sami Brouwer Jeﬀ Busch Steven Byrnes Carol Cansdale Karen Carl Craig Carlander Todd Carlsen John Chancellor Megan Chiu Eric Christiansen Barbara Clay Jan Cody Marilyn Corrigan Ronald Cozad Stuart Neil Crocker Jonathan Culbertson Allison Curtis Genia Dahl Gene Dahlke Jayne Dakay Barbara Decker Christy DePasquale Carolyn Dixon Mary Doberstein Chris Dodge Lisa Doyle Margaret DuBord Sarah DuBord Bruce Duncomb Vicki Duncomb Tracy Dungan Debjyoti Dwivedy Daniel Dylla Janet Eian Ying Elliott David Erickson Marla Erickson Kelly Fager Diane Falkum Teresa Rae Farley Jack Fenton Susan Fidler Thomas Fidler Cheryl Fiore Rod Fisher Sarah Fisher-Otten Colleen Fitzgerald- Bunn Timothy Fox Stephen Fraser Pam French Monica Frischkorn Max Fritzler Kurt Fuhr Shelly Gardner Julia Gerlofs Elizabeth Gherity Andrew Ginder John Goergen Emily Goertz Andrea Gorrilla Emma Grosse Lori Haak Ann Haines Chris Hallin Nichole Hamelbeck Sue Hamilton Gary Hammer Patricia Hammond Matthew D. Hansen Katherine Hanson Sherry Harms Alyssa Harvey Green Jeanne Hauge Connie Hauswirth Glenda Hawkins Paul Hawkins Donald Hayden Linda Hayen Jaime Hedges Lisa Heinecke Daniel Hendrickson Gena Henrich William Henry Deborah Hill Denise Holtz Heidi Howard Sandy Johannes Amanda Johansen Allison Johnson Ellen Johnson Jay Johnson Jessie Johnson Joyce Johnson Terri Johnson Therese Johnson Amy Jonsson Todd Kalk Judy Kammer Michael Kaselnak Katherine Kearney- Bidwell Tony Kelleran John Kingery Robert Kitt, Jr. Toni Knorr Jessica Kohen Colleen Kokesh Liliya Krast Lorraine Kretchman Lorin Kroeger Joanne Kube- Harderwijk Mark Kuck Jessica Kuenzli Prakash Kumar Marc Laskow Robert Lawton Sara Leigh Theodore Leines Mary Lewis Stacy Lewis Debra Lind Brian Link Robert Little Rodney Loeﬄer Mary Lofstrom Linda Lonn Gay Ludvig Sara Lykken Jill Maczka Steve Marshall Diane Martin Ivonne Martinez Arielle Mathre Jane McCormick John McCulloch Patricia McCulloch Leslie McDonald John Meier Rose Ann Meier Jill Meixner Marlee Meshbesher Laura Meyer Helen Meyers Linda Middendorf Jean Miller Pragyna Mishra Miles Mjolsnes Patricia Moe Salman Mohamed Nelson Moore Larry Mueller Mary Mulhern Suzanne Murphy Veronica Murphy- Witkowski Karen Nelson Cynthia Newman Abigail Ngala Lorraine Nickels Leah Nordquist Deborah Nowak Charlie Oglesby Judy Ohannesian Jean OHarris Robert Olding Deborah Olson Sandra Olson Susan Palm Bipin Paracha David Paul Barbara Pederson John Peters Lisa Peterson Deanne Pixley Marlene Pixley Cheryl Poling Donald Ramler Lori Rau David Reilly Sathyanarahyanan Rengaraj Krishnamurthy Lia Ringhausen Jeﬀrey Robley Gary Rodekuhr Shari Rogalski Lisa Rogers Heather Rolvaag Vickie Rudolph Deb Ruen Renee Rushdy Michael Ruth Thomas Ryan Kathryn Rysted Cindy Satterness Warren Schank Jennifer Schauer Lorrie Scheller Constance Schlundt Tracey Schowalter Colleen Schultz Jatin Shah Vanita Shah Thomas Shannon Richard Skala Angela Smedlund Mary Smith Harris Julie Sopoci Lee Spencer Anthony Staﬀenhagen Keely Stansberry Charles Stewart Leslie Stiles Thomas Stiller Erin Strot Sarah Swanson Stephen Swanson Roy Terwilliger Julie Toskey Cheral Tsuchiya Jon Tucker Blaine Turk Autumn Tysk Kathy Ulmer Randi Usher Patricia Vagnoni Harriett Veith Mark Voorhees Wade Wacholz Walter Wagner Rebecca Waller Philip Walter David Warren Lori Washburn Ann Watanabe Lauren Weaver Robert Webster Maurice Weiler Jennifer Weismann Rhonda Welsh Albert West Cynthia Wheeler Michael Wiig Yana Wilson John Winters Anthony Witkowski Randall Wittenberg David Woodley Stacey Wright Ashley Young Julie Young Yuhan Zhang Joe Zweber BE IT FURTHER RESOLVED that the City Clerk is, with this, authorized to make any substitutions or additions as deemed necessary. ADOPTED by the City Council of the City of Eden Prairie this 14th day of July, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk City Council Agenda Cover Memo Date: July 14, 2026 Section: Consent Calendar Item Number: VII.D. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Lease a Cenobot SP 50 autonomous cleaning vacuum. REQUESTED ACTION Move to : Approve Contract for Good and Services with Innovative Oﬃce Solutions SUMMARY The Cenobot SP 50 is an autonomous vacuum that has a run time of 7 hours and will run daily at night, this vacuum works on carpets and ﬂoors and can cleanup to 21,000 sq ft/hr. The lease price is $969.59/month for 36 months, our return on investment is roughly 9 months with the machine running 5 days a week for 6 hours a day. ATTACHMENTS Contract for Good and Services with Innovative Oﬃce Solutions (rev. 4/2026) Contract for Goods and Services This Contract for Goods and Services (“Contract”) is made on the 14th day of July, 2026, between the City of Eden Prairie, Minnesota (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Innovative Office Solutions, a Minnesota LLC, (“Vendor”) whose business address is 151 Cliff Road East, Burnsville, MN 55337. 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 the lease of a Cenobot SP50 autonomous vacuum, hereinafter referred to as the “Work.” The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. 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 will not be in effect in any manner. 2. Term of Contract. All Work under this Contract must be provided, performed and/or completed by July 14th of 2029. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $969.59 per month, with total payments not to exceed $34,905.24 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor will prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted will be paid in the same manner as other claims made to the City. 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. 5. Staffing. The Vendor has designated to perform the Work. They will be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. Standard Contract for Goods and Services (rev. 4/2026) Page 2 of 8 [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Vendor must exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance. a. General Liability. Vendor must maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor must provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor must 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 of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor must maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (must include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished will be in accord with the Contract and will 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 Vendor’s warranty are not the City’s exclusive remedy. The City will have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party upon seven (7) days’ written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor will be paid for services rendered until the effective date of termination. Standard Contract for Goods and Services (rev. 4/2026) Page 3 of 8 11. Independent Contractor. At all times and for all purposes, the Vendor is an independent contractor and not an employee of the City. No statement herein may be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor may not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. ADA Title II Compliance for Digital Content. The following provisions apply only to the extent Vendor’s obligations under this Agreement require it to produce content that will be posted on the City’s website or digital apps. a. Compliance with Accessibility Laws. Vendor must ensure that all digital content, documents, materials, deliverables, and services produced under this Agreement that are intended for publication on, or integration with, the City’s public-facing website (collectively, “Digital Content”) comply with all applicable federal, state, and local accessibility laws and regulations, including, but not limited to, the Americans with Disabilities Act (ADA), Title II, and its implementing regulations (28 C.F.R. Part 35). b. Accessibility Standards. At a minimum, all Digital Content must conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent version adopted by the City or required by applicable law. This includes, but is not limited to, content such as documents, images, videos, audio, maps, and interactive features. c. Maps and Non-Accessible Content. To the extent Vendor produces map-based, GIS, or other inherently visual or technically constrained content that cannot be made fully accessible, Contractor must: i. notify the City in writing in advance; ii. provide a detailed explanation of the accessibility limitations; and iii. supply equivalent alternative formats, data, or descriptions sufficient to enable the City to provide meaningful access to individuals with disabilities in compliance with ADA Title II. General Terms And Conditions 14. Assignment. Neither party may assign this Contract, nor any interest arising under this Contract, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services under this Contract, the Vendor must abide by statutes, ordinances, rules, and regulations pertaining to the services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to Standard Contract for Goods and Services (rev. 4/2026) Page 4 of 8 the services will constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City may have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which will be considered an original. 18. Damages. In the event of a breach of this Contract by either party, the non-breaching party will not be entitled to recover punitive, special, or consequential damages or damages for loss of business. 19. Enforcement. The Vendor will reimburse the City for all costs and expenses incurred by the City in enforcing any of its rights or remedies under this Contract, whether during the term of this Contract or thereafter, including, without limitation, reasonable attorneys’ fees. 20. Entire Contract, Construction, Application, and Interpretation. This Contract is entered into in furtherance of the City’s public purpose mission and must be construed, interpreted, and applied in accordance with that mission. This Contract constitutes the entire agreement between the parties and supersedes all prior and contemporaneous oral or written agreements, negotiations, and understandings relating to its subject matter. Any amendment, modification, deletion, or waiver of any provision of this Contract will be effective only if set forth in a written document signed by both parties, unless otherwise expressly provided herein. 21. Governing Law. This Contract will be governed by the laws of the State of Minnesota. 22. Non-Discrimination. During the performance of this Contract, the Vendor must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, gender identity, or age. The Vendor must post in places available to employees and applicants for employment notices setting forth the provision of this nondiscrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor must incorporate the foregoing requirements of this paragraph in all its subcontracts for Work under this Contract, and must require all of its subcontractors for such work to incorporate such requirements in all sub-subcontracts for Work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A, Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 23. 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 Standard Contract for Goods and Services (rev. 4/2026) Page 5 of 8 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 one hereof. Notices will be deemed effective on the earlier of the date of receipt or the date of mailing or deposit, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party will 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 specified above, 10 days prior to the effective date of such change. 24. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder are in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 25. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for under this Contract will be honored by the City. 26. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination will not affect the validity or enforceability of the remaining provisions of this Agreement. The parties intend that this Agreement be enforced to the fullest extent permitted under Minnesota law, and any invalid, illegal, or unenforceable provision be deemed modified to the minimum extent necessary to make it valid and enforceable, consistent with the parties’ original intent. 27. 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 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 Vendor under this Contract which the City requests to be kept confidential, must 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 Vendor 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 Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the MGDPA and Vendor will comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract must Standard Contract for Goods and Services (rev. 4/2026) Page 6 of 8 contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract. 28. Waiver. Any waiver by either party of a breach of any provisions of this Contract will not affect, in any respect, the validity of the remainder of this Contract. Standard Contract for Goods and Services (rev. 4/2026) Page 7 of 8 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ Standard Contract for Goods and Services (rev. 4/2026) Page 8 of 8 EXHIBIT A City Council Agenda Cover Memo Date: Section: Item Number: Department: Julie Klima/Paja Xiong ITEM DESCRIPTION Approve the Minnesota Housing Local Housing Trust Fund Grant Program Spending Plan REQUESTED ACTION Move to: Approve the Minnesota Housing Local Housing Trust Fund Grant Program spending plan and authorize City staff to administer the funds. SUMMARY The Local Housing Trust Fund Grant Program was established to encourage local governments to create or fund Local Housing Trust Funds. The program uses state funding to match a portion of new housing trust fund dollars to encourage local investment in affordable housing across Minnesota. The City allocated $150,000 towards our Affordable Housing Trust Fund to match the awarded amount of $150,000 from Minnesota Housing. The City Council approved the Grant Contract Agreement for the Local Housing Trust Fund Grant Program on May 5, 2026. As part of the grant application, City staff prepared a spending plan for the $300,000 which includes eligible activities for the local match funds and the new housing dollars from Minnesota Housing. Minnesota Housing has approved the $150,000 grant based in part on the proposed use of funds addressing eligible uses and housing activities. Approval of the spending plan will enable staff to begin administering the funds for the City’s housing programs and subrecipients. ATTACHMENTS Minnesota Housing Local Housing Trust Fund Program Spending Plan Grantee: City of Eden Prairie Program or Project Activity Grant Funds Budgeted Notes Matching New Public Revenue Funding Source and Notes Owner-Occupied Rehabilitation Loan Program $ 40,000.00 2-5 Rehab loans for low/mod borrowers for up to $25,000 $ 80,000.00 Providing Acquisition Funds to Nonprofit Homes Within Reach $ - N/A $ 32,500.00 Providing $32,500 to Homes Within Reach/West Hennepin Affordable Housing Land Trust (WHAHLT) to purchase one single-family home Rental Assistance through Nonprofit People Reaching out to People (PROP) $ 32,500.00 months or $3,000 per household, whichever comes first. PROP will $ - N/A Subtotal Program or Project Activities $ 142,500.00 $ 142,500.00 Administrative Expenses* Grant Funds Budgeted Notes Matching New Public Revenue Funding Source and Notes Staff Time - 5% of Budget $ 7,500.00 $ 7,500.00 Percent of Total Grant Funds Public Revenue Percent of Total Matching Funds $ 142,500.00 95% $ 142,500.00 95% $ 7,500.00 5% $ 7,500.00 5% EXHIBIT B: 2025 Local Housing Trust Fund Grants Program Budget *Cannot exceed 10% of the total budget. Administrative Expenses include, but are not limited to, staffing expenses, office expenses, travel expenses, insurance and legal fees. Instructions: Please provide Program or Project Activity information for which grant funds and matching New Public Revenue funds will be used and on which line items grant funds are being spent. New Public Revenue is defined as local income that is committed to the Local Housing Trust Fund on or after June 29, 2021, from any source other than the state or federal government. Per Minn.Stat.§462C.16, Subd. 3, authorized expenditures for this grant program include: • Making grants, loans and loan guarantees for the development, rehabilitation or financing of housing; • Matching other funds from federal, state or private resources for housing projects; • Providing downpayment assistance, rental assistance and homebuyer counseling services; and • Allowing administrative expenses, up to 10% of the Local Housing Trust Fund Program grant. If part of a larger project, such as a housing development, you do not need to include the entire project budget. Provide one funding source per line item. You may have a Program or Project Activity listed more than once. If matching funds have already been expended, please provide that information in Column E. City Council Agenda Cover Memo Date: Section: Item Number: Department: Julie Klima/Paja Xiong ITEM DESCRIPTION Approve the Affordable Housing Trust Fund funding agreement with West Hennepin Affordable Housing Land Trust (dba Homes Within Reach). REQUESTED ACTION Move to: Approve the funding agreement between the City of Eden Prairie and West Hennepin Affordable Housing Land Trust (dba Homes Within Reach). SUMMARY In 2024, the City received a Local Housing Incentives Account (LHIA) grant from Met Council in the amount of $28,377. These grant dollars require a local match which the City will provide through the use of Local Affordable Housing Trust Fund dollars. The City designated a local match of $32,500 towards Community Land Trust (CLT) programs. This funding agreement will enable West Hennepin Affordable Housing Land Trust (dba Homes Within Reach) to purchase one single-family home, to be rehabilitated and sold to a low- or moderate-income household. The joint effort will bring a new Eden Prairie home into the CLT, adding to the 23 previously acquired. A significant component of the City’s efforts to create and preserve affordable housing, Homes Within Reach also has a strong history of disproportionate service to underserved population including people of color and households with one or more persons with a disability, who often have difficulty achieving homeownership. ATTACHMENTS Affordable Housing Trust Fund Funding Agreement with West Hennepin Affordable Housing Land Trust. CITY OF EDEN PRAIRIE AFFORDABLE HOUSING TRUST FUND FUNDING AGREEMENT THIS AGREEMENT is made and executed the 14th day of July, 2026 by and between the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (“City”), located at 8080 Mitchell Road, Eden Prairie, MN 55344-2230 and WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST (dba HOMES WITHIN REACH), a Minnesota non-profit corporation and registered 501(c)(3) non-profit organization (“Sub-Grantee”), located at 5100 Thimsen Avenue, Suite 120, Minnetonka, MN 55345. WHEREAS, the City allocated funds in the amount of $32,500 (the "Affordable Housing Trust Fund Amount") from the City of Eden Prairie Affordable Housing Trust Fund; and WHEREAS, in cooperation with Sub-Grantee, the City applied to and received approval for funds in the amount of $28,377 (the "LHIA Grant Amount") from the Metropolitan Council ("Council") under the Livable Communities Act, Local Housing Incentives Account grant program (the "LHIA Grant"); WHEREAS, Sub-Grantee intends to acquire and rehabilitate one (1) home in the City to be brought into the Homes Within Reach Community Land Trust and be sold to an income-eligible household (the "Project"); and WHEREAS, the City desires to provide the Grant Funds to the Sub-Grantee to provide reimbursement for the grant-eligible activities of property and land acquisition on the terms and conditions contained in this Agreement; and WHEREAS, the City believes that the completion of the project, and fulfillment of this Agreement are consistent with the Affordable Housing Trust Fund policy and are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State of Minnesota and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, the City and the Sub-Grantee desire to enter into this Agreement for the purpose of setting forth their respective responsibilities with respect to the provision of the LHIA Grant and the Affordable Housing Trust Fund. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein the parties agree as follows: 1. GRANT AGREEMENT. The Grant Agreement, attached as Exhibit A, is incorporated herein by reference. If there are any inconsistencies or conflicts between this Sub-Grant agreement and the Grant Agreement, the terms of the Grant Agreement will control. The definitions set forth in the Grant Agreement will apply to this Sub-Grant Agreement to the extent applicable. In addition to the terms, conditions and obligations described herein, the Sub-Grantee further acknowledges, accepts, and assumes all of the City's obligations described in the Grant Agreement, unless such obligations can only be reasonably performed by the City. For purposes of enforcing this Agreement, the Sub- Grantee acknowledges, accepts, and agrees that the City shall inure to, and possess the rights and authority of the Council as described in the Grant Agreement. 2. SUB-GRANT. Subject to the terms and conditions of this Agreement, the City grants the Sub-Grantee an amount not to exceed the $60,877.00 for costs associated with the grant-eligible activities. In consideration for the sub-grant, Sub-Grantee agrees to perform all of its obligations under this Agreement. Proceeds of the Grant Funds will be disbursed in accordance with Paragraphs 4 and 5 of this Agreement. 3. TIME OF PERFORMANCE. Sub-Grantee must acquire one (1) home in accordance with the terms set forth herein. Sub-Grantee must commence and complete the acquisition process and submit all requests for disbursement prior to December 31, 2027. 4. CONDITIONS PRECEDENT TO DISBURSEMENT. The following requirements are conditions precedent to the City's disbursement of any of the Grant Funds to the Sub-Grantee: A. The Sub-Grantee must have provided evidence satisfactory to the City showing that Sub-Grantee is a party to an executed purchase agreement under which Sub-Grantee will acquire fee simple title to the home, that any contingencies on the sale have been met, and that closing has been scheduled; B. The Sub-Grantee must have provided evidence satisfactory to the City that the grant-eligible activities and contemplated use thereof are permitted by and comply in all material respects with all applicable restrictions and requirements in prior conveyances, zoning ordinances, subdivision and platting requirements, and other laws and regulations; C. The Sub-Grantee must have provided evidence satisfactory to the City that other conditions specified in the Grant Agreement have been duly satisfied by the Sub-Grantee or waived in writing by the City or Council, as applicable; D. There must be no uncured Event of Default (as defined in Paragraph 7), and no event which with the giving of notice or the lapse of time or both would constitute an Event of Default, shall have occurred and be continuing and all representations and warranties made by the Sub-Grantee in Paragraph 6 hereof shall continue to be true and correct as of the date of such disbursement; and E. The Sub-Grantee must have provided to the City such evidence of compliance with all the provisions of this Sub-Grant Agreement as the City may reasonably request. 5. REQUESTS FOR DISBURSEMENT. It is expressly agreed and understood that the total amount to be paid by the City under this Contract will not exceed the amount of the Grant Funds ($60,877.00). A. Disbursement: The City and Sub-Grantee agree that, on the terms and subject to the conditions hereinafter set forth and the conditions set forth in the Grant Agreement, the Grant Funds will be disbursed from the City to the Sub-Grantee, or the Sub-Grantee's agent or designee, in one disbursement, with that disbursement being made upon one hundred percent (100%) completion of the grant-eligible activities. Notwithstanding anything to the contrary herein, with respect to the LHIA Grant Amount and the Affordable Housing Trust Fund amount, the City is only obligated to make the disbursement hereunder to pay project costs in an amount up to or equal to the lesser of the LHIA Grant Amount or the amount actually disbursed by the Council to the City under the Grant Agreement and such obligation is further subject to the conditions of Paragraph 4 hereof. B. Disbursement Request: 1. When the Sub-Grantee desires to obtain the disbursement of the Grant Funds, the Sub-Grantee shall submit to the City, and the Council if required, the Disbursement Request Form attached hereto as Exhibit B, together with any additional documents required by the City of the Council, duly signed by Sub-Grantee. 2. The Disbursement Request Form shall be submitted by the Sub-Grantee at least thirty (30) days prior to the date of the requested disbursement. The Disbursement Request Form shall constitute a representation and warranty by the Sub-Grantee to the City that all representations and warranties of the Sub-Grantee set forth in Paragraph 6 are true and correct as of the date such Disbursement Request Form is submitted, except for such representations and warranties which, by their nature, would not be applicable as of the date of such Disbursement Request. 3. Upon receipt of the Disbursement Request Form, if the City has determined that all the conditions set forth in Paragraphs 4 and 5 have been satisfied, a request for disbursement will be submitted to the Council. The adequacy of the request for disbursement will be determined by the City and the Council in their sole discretion, but such request may not be denied by the City if all conditions in Paragraphs 4 and 5 hereof have been satisfied. After submission of the Disbursement Request Form, if the Sub-Grantee has performed all of its agreements and complied with all requirements to be performed or complied with under this Agreement and the Grant Agreement, including satisfaction of all applicable conditions precedent contained in Paragraph 4 hereof, the City will make the disbursement to the Sub-Grantee, or the Sub-Grantee's agent or designee, in the amount of the requested disbursement or such lesser amount as shall be approved, within forty-five ( 45) days after the date of the City's receipt of the Disbursement Request Form, or, if later, upon receipt of grant proceeds from the Council. The disbursement will be paid from the proceeds of the LHIA Grant and the Affordable Housing Trust Fund, subject to the City's and Council's determination that the relevant Project cost is payable from the LHIA Grant under the Grant Agreement. The City is under no obligation to disburse any proceeds of the LHIA Grant until it receives a disbursement from the Council. 4. Upon the approved disbursement by the City and Council, City will disburse to Sub-Grantee an amount equal to the Grant Funds ($60,877.00). 6. REPRESENTATIONS AND WARRANTIES OF SUB-GRANTEE. Sub-Grantee covenants, represents, warrants, and agrees that: A. The Sub-Grantee is a 501(C)(3) organization duly organized and validly existing under the laws of the State of Minnesota, is duly authorized to operate in the State of Minnesota, has the power to enter into and execute this Agreement and by appropriate action has authorized the execution and delivery of this Agreement. B. Sub-Grantee will permit the City, upon reasonable notice, to examine all books, records, contracts, plans, permits, bills, and statements of account pertaining to the grant-eligible Activities and to make copies as the City may require. C. Sub-Grantee will obey and comply with all federal, state, and local laws, rules, and regulations in connection with the Project. D. The City’s actions in approving the Sub-Grant will not be construed as an approval by the City of providing any additional funds for the Project or other improvements to the property. E. Sub-Grantee agrees to pay for all of the costs incurred to make grant-eligible activities including any cost overruns. Except as identified in the Grant Agreement, there are no public funds for the grant-eligible activities except for the LHIA Grant and Affordable Housing Trust Fund. F. Sub-Grantee is bound by all the terms and conditions of the Grant Agreement to the same extent as the City. G. Sub-Grantee will comply with all requirements of the Grant Agreement applicable to the Sub-Grantee. 7. DEFAULT. Any one or more of the following shall constitute an event of default (an “Event of Default”) under this Agreement: A. Sub-Grantee shall default in the performance or observance of any agreement, covenant or condition required to be performed or observed by the Sub-Grantee under the terms of this Agreement or the Grant Agreement, to the extent such obligations exist, and such default shall not be remedied within sixty (60) days after written notice to the Sub-Grantee from the City specifying such default. B. The Sub-Grantee shall be in default of any term of any other agreement relating to the grant-eligible activities which is not cured within sixty (60) days after written notice from the City of if the default cannot be cured within sixty (60) days within such reasonable time as is required to cure the default, provided that the Sub-Grantee is diligently pursuing a cure. C. Any representation or warranty made by the Sub-Grantee herein or any document or certificate furnished to the City shall prove at any time to be materially incorrect or misleading as of the date made. D. The Sub-Grantee engages in any illegal activities. E. The Sub-Grantee uses any of the LHIA Grant funds contrary to this Agreement or the Grant Agreement which is not cured within sixty (60) days after written notice from the City. F. The Sub-Grantee uses any of the Affordable Housing Trust funds contrary to this Agreement or the Grant Agreement which is not cured within sixty (60) days after written notice from the City. G. The Sub-Grantee shall fail to indemnify and hold harmless the City as set forth in Paragraph 9.B, which is not cured within ten (10) business days after written notice from the City. 8. REMEDIES. Whenever any Event of Default has happened and is continuing beyond any applicable cure period any one or more of the following remedial steps may be taken by the City: A. The City may terminate this Agreement; B. The City may suspend or terminate any further disbursements to be made under this Agreement; C. The City may suspend its performance under this Agreement during the continuance of the Event of Default; and/or D. The City may take whatever action at law or in equity may be necessary or appropriate to seek repayment or reimbursement of the LHIA Grant funds and Affordable Housing Trust Funds disbursed to the Sub-Grantee, to enforce performance and observance of any obligation, agreement, covenant, representation or warranty of the Sub-Grantee under this Agreement, or any related instrument; or to otherwise compensate the City for any damages on account of such Event of Default. No remedy conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any Event of Default shall impair any such right or power, nor shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy reserved to it in this Paragraph, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or be required by law. 9. ADDITIONAL REQUIREMENTS. A. Independent Contractor. Nothing contained in this Agreement is intended to, or may be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub-Grantee will at all times remain an independent contractor with respect to the Project work. The City is exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance and workers’ compensation insurance because the Sub-Grantee is an independent contractor. B. Indemnification and Hold Harmless. Sub-Grantee will defend, indemnify, and hold harmless the City and its elected officials, employees, and agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (the “Indemnified Parties”) from and against all claims, damages, losses, and expenses, including but not limited to reasonable attorneys’ fees, arising out of or resulting from the conduct or implementation of the Project activities funded by the Sub-Grant Agreement, or by reason of this Agreement and against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project, and of and from any and all claims and demands whatsoever that may be asserted against City by reason of any alleged obligations or undertakings on the Sub-Grantee’s part to perform or discharge any of the terms, covenants, or agreements contained herein except to the extent the claims, damages, losses, and expenses arise from the City’s own negligence. Claims included in this indemnification include, without limitation, any claims asserted pursuant to the Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes Chapter 15B, the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended, United States Code, title 42, section 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, United States Code, title 42, sections 6901 et seq. This obligation may not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the City and Sub-Grantee. The provisions of this Paragraph shall survive the execution, delivery, performance and/or or termination of this Agreement. This indemnification may not be construed as a waiver on the part of the City of any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. 10. NOTICES. Communication and details concerning this Sub-Grant Agreement must be directed to the following: If to City: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: Community Development Director Phone: (952) 949-8489 If to Sub-Grantee: West Hennepin Affordable Housing Land Trust 5100 Thimsen Avenue, Suite 120 Minnetonka, MN 55345 Attn: Brenda Lano-Wolke With a copy to: Margaret L. Neuville Gregerson, Rosow, Johnson, & Nilan, Ltd. 100 Washington Ave. S. Suite 1550 Minneapolis, MN 55401 Phone: (612) 436-7463 All notices required or permitted under this Sub-Grant Agreement must be in writing and must be sent by personal delivery, by United States registered or certified mail (postage prepaid), or by an independent overnight courier service, addressed to the addresses specified above or at such other place as either party may designate to the other party by written notice given in accordance with this section. Notices given by mail are deemed delivered and received within four business days after the party sending the notice deposits the notice with the United States Post Office. Notices delivered by courier are deemed delivered and received on the next business day after the day the party delivering the notice timely deposits the notice with the courier for overnight (next business day) delivery. 11. ADMINISTRATIVE REQUIREMENTS. A. Accounting Standards. The Sub-Grantee must maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for Project costs. B. Records. 1. Retention. The Sub-Grantee must retain all records pertinent to the Project costs for a minimum of six years following the completion of the Project or expenditure of the Subgrant funds, whichever occurs earlier. 2. Availability. Upon request, Sub-Grantee must submit to the City a full account of the status of the activities undertaken as part of this Agreement. The following records shall be maintained by the Sub-Grantee, copies of which shall be submitted in such form as City staff may prescribe: a. All receipts and invoices relating to expenditure of LHIA Grant funds. b. All receipts and invoices relating to expenditure of Affordable Housing Trust funds. c. Records must be sufficient to reflect all costs incurred in performance of this Agreement. d. Sub-Grantee must further provide such information as requested by the City to enable the City to provide annual and semi-annual written reports to the Council pursuant to Section 2.05(c) and 4.03 of the Grant Agreement. 3. State Audits. Under Minn. Stat. § 16C.05, subd. 5, Sub-Grantee’s Project-related books, records, documents, and accounting procedures and practices relevant to this Sub-Grant Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six (6) years following the expenditure of the Subgrant funds, whichever occurs earlier. 4. Government Data Practices. Sub-Grantee and City must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all Project-related data provided by Sub-Grantee under this Agreement, and as it applies to all Project-related data created, collected, received, stored, used, maintained, or disseminated by Sub-Grantee under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the Project-related data referred to in this clause by either Sub-Grantee or the City. If Sub-Grantee receives a request to release the Project related data referred to in this clause, Sub-Grantee must immediately notify the City. The City will give Sub-Grantee instructions concerning the release of the Project-related data to the requesting party before the Project related data is released. 5. Close-Outs. The Sub-Grantee’s obligation to the City will continue until all Council closeout requirements are met. The City will specify in writing any remaining Council closeout requirements to the Sub-Grantee. 12. MISCELLANEOUS A. Amendments. Any amendment to this Sub-Grant 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 Sub-Grant Agreement, or their successors in office. B. Waiver. The failure of either party to enforce any provision of this Sub-Grant Agreement does not result in a waiver of the right to enforce the same or another provision of the Sub-Grant Agreement in the future. C. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Sub-Grant Agreement. Venue for all legal proceedings out of this Sub-Grant Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Hennepin County, Minnesota. D. Termination for Insufficient Funding. Notwithstanding anything herein to the contrary, the Sub-Grantee understands and agrees that any reduction or termination of the Grant may result in a like reduction or termination of the Subgrant. In addition, if the Council fails or refuses to fund the Grant, the City may immediately terminate this Sub-Grant Agreement by delivering written notice to Sub-Grantee. The termination date will be the date the notice is delivered to Sub-Grantee and the City is not obligated to pay for any costs incurred after the termination date; provided, however, Sub-Grantee will be entitled to payment, determined on a pro rata basis, for costs incurred up to the termination date to the extent that Grant funds are available. E. Attorneys’ Fees and Expenses. In the event the Sub-Grantee should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of the Sub-Grantee, the Sub-Grantee will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred, but only in the event the City prevails in pursuing such claims. F. Counterparts. This Sub-Grant Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. This Agreement may be transmitted by fax or by electronic mail in portable document format ("pdf") and signatures appearing on faxed instruments and/or electronic mail instruments shall be treated as original signatures. IN WITNESS WHEREOF the parties to this Agreement have hereunto set their hands as of the date set forth above. CITY OF EDEN PRAIRIE By: __Ronald A. Case _____________________ Its Mayor ____________________________________________ Date: _______________________________________ By: __Rick Getschow _________________________ Its City Manager ____________________________________________ Date: _______________________________________ Hennepin County, Minnesota West Hennepin Affordable Land Trust (dba Homes Within Reach) By: __Brenda Lano-Wolke______________________ Title: __Executive Director______________________ ____________________________________________ Date: _______________________________________ Exhibit A City Council Agenda Cover Memo Date: July 14, 2026 Section: Consent Calendar Item Number: VII.G. Department: Parks and Recreation – Tyler Menden, Park Construction Supervisor ITEM DESCRIPTION Award Contract for the 2026 Edenvale Park Hard Court Rehabilitation. REQUESTED ACTION Move to: Award Contact for the 2026 Edenvale Hard Court Rehabilitation to DMJ Asphalt Inc for $32,987.50. SUMMARY The Scope of this project is to remove and replace existing hard-court surfacing on the Basketball court. The Basketball court will have a fresh coat of paint and court lines. Funding for the rehabilitation of the hard court comes from the Capital Maintenance and Reinvestment under the Parks and Recreation Department. Bid Summary and Recommendation DMJ Asphalt Inc: $32,987.50 Plehal Blacktopping LLC: $37,184.00 Bituminous Roadways Inc: $45,882.00 BKJ Land Co: $50,985.00 MN Roadways Co.: $53,755.20 ATTACHMENTS Form of Contract with Exhibit A (rev. 4/2026) Standard Construction Contract This Standard Construction Contract (“Contract”) is made on the 14th day of July, 2026, between the City of Eden Prairie, Minnesota (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and DMJ Asphalt Inc, a Minnesota Corporation. (“Contractor”), whose business address is PO Box 299 Medina, 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 Contract is to set forth the terms and conditions for the provision of services by Contractor for Edenvale Park Hard Court Rehabilitation 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 will not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract will be commenced immediately after execution of this Contract. The Work must be completed by 9/15/26. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $32,987.50 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 will 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 will be extended by a period of time lost by reason of the delay. Standard Construction Contract (rev. 4/2026) Page 2 of 15 Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor will submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted will be paid in the same manner as other claims made to the City. a. Invoices. Contractor must verify that 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 must provide an itemized listing and such documentation as reasonably required by the City. Each invoice must 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 must 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 under this Contract, 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 must 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, will 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 will 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 will 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 satisfies this requirement. 5. Standard of Care. Contractor must 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 will 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 Standard Construction Contract (rev. 4/2026) Page 3 of 15 must put forth reasonable efforts to complete its duties in a timely manner. Contractor will 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 will be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager and Staffing. The Contractor must 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 will 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 must be new and in current manufacture, unless otherwise specified, and all goods and work must be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements will be considered defective. Goods will 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 must 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 will 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 will be in accord with the Contract and will 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 will 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 WILL 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. Standard Construction Contract (rev. 4/2026) Page 4 of 15 The corrective Work referred to above will 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 must post bonds to secure the warranties. 10. Private Property. The Contractor may not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor is responsible for the preservation of, and must 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 must 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 will 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 Contractor must resume the Work 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 will reimburse the Contractor for the additional expenses. Claims for such compensation, with complete substantiating records, must be filed with the City within ten (10) days after the date of order to resume Work to receive consideration. This paragraph may 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 will 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 must pay the difference to the City. Standard Construction Contract (rev. 4/2026) Page 5 of 15 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; 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 will 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 will be terminated at the expiration of such ten (10) day period unless the City withdraws 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 will 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 will be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor will pay the difference to the City. If 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. Standard Construction Contract (rev. 4/2026) Page 6 of 15 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 fails to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor must post Performance and Payment Bonds 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 subcontractors and suppliers of the Contractor. The Bonds must be in a form approved by the City. Contractor must provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract will be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL (AT CITY DISCRETION) FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor must bind every subcontractor and every subcontractor must 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 must 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 must 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 will pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor may 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 Standard Construction Contract (rev. 4/2026) Page 7 of 15 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 must obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and must 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 must 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) may employ such persons as it deems necessary and appropriate for the performance of its obligations pursuant to this Contract, who will be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) will have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein may be construed to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor must 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 must 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 must 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 Standard Construction Contract (rev. 4/2026) Page 8 of 15 $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (must 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 must be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance must 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 may be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage, or work performed by subcontractors. d. Contractor must 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, must name the “City of Eden Prairie” as an additional insured, including products and completed operations. f. All policies must contain a waiver of subrogation in favor of the City. g. All polices, except the Worker’s Compensation Policy, must insure the defense and indemnity obligations assumed by Contractor under this Contract. h. 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. i. It is Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. j. All policies must contain a provision or endorsement that coverages afforded thereunder will 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. Standard Construction Contract (rev. 4/2026) Page 9 of 15 k. Contractor must 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. l. A copy of the Contractor’s Certificate of Insurance evidencing 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 must be provided. Such documents evidencing Insurance must be in a form acceptable to City and must provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates must be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance declaration page, rider, endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof will 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. m. 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) 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 will 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. Standard Construction Contract (rev. 4/2026) Page 10 of 15 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”) will 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 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. ADA Title II Compliance for Digital Content. The following provisions apply only to the extent Contractor’s obligations under this Agreement require it to produce content that will be posted on the City’s website or digital apps. a. Compliance with Accessibility Laws. The Contractor must ensure that all digital content, documents, materials, deliverables, and services produced under this Agreement that are intended for publication on, or integration with, the City’s public-facing website (collectively, “Digital Content”) comply with all applicable federal, state, and local accessibility laws and regulations, including, but not limited to, the Americans with Disabilities Act (ADA), Title II, and its implementing regulations (28 C.F.R. Part 35). b. Accessibility Standards. At a minimum, all Digital Content must conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent version adopted by the City or required by applicable law. This includes, but is not limited to, content such as documents, images, videos, audio, maps, and interactive features. c. Maps and Non-Accessible Content. To the extent Contractor produces map-based, GIS, or other inherently visual or technically constrained content that cannot be made fully accessible, Contractor must: i. notify the City in writing in advance; ii. provide a detailed explanation of the accessibility limitations; and Standard Construction Contract (rev. 4/2026) Page 11 of 15 iii. supply equivalent alternative formats, data, or descriptions sufficient to enable the City to provide meaningful access to individuals with disabilities in compliance with ADA Title II. 24. Mediation. Each dispute, claim or controversy arising from or related to this Contract is subject to mediation as a condition precedent to the initiation of any legal or equitable proceeding by either party. The mediator will be selected by mutual agreement of the parties, and the costs of mediation will be shared equally. Unless otherwise agreed in writing, mediation will be held in the City of Eden Prairie. Any resolution reached through mediation must be documented in a written mediated settlement agreement, which will be binding on the parties and enforceable in any court of competent jurisdiction. General Terms And Conditions 25. Assignment. Neither party may assign this Contract, nor any interest arising under this Contract, without the written consent of the other party. 26. Compliance with Laws and Regulations. In providing services under this Contract, the Contractor must abide by statutes, ordinances, rules, and regulations pertaining to the services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the services will constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 27. Conflicts. No salaried officer or employee of the City and no member of the Council of the City may have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 28. Counterparts. This Contract may be executed in multiple counterparts, each of which will be considered an original. 29. Damages. In the event of a breach of this Contract by either party, the non-breaching party will not be entitled to recover punitive, special, or consequential damages or damages for loss of business. 30. Enforcement. The Contractor will reimburse the City for all costs and expenses incurred by the City in enforcing any of its rights or remedies under this Contract, whether during the term of this Contract or thereafter, including, without limitation, reasonable attorneys’ fees. 31. Entire Contract, Construction, Application, and Interpretation. This Contract is entered into in furtherance of the City’s public purpose mission and must be construed, interpreted, and applied in accordance with that mission. This Contract constitutes the entire agreement between the parties and supersedes all prior and contemporaneous oral or written agreements, negotiations, and understandings relating to its subject matter. Any amendment, modification, deletion, or waiver of any provision of this Contract will be Standard Construction Contract (rev. 4/2026) Page 12 of 15 effective only if set forth in a written document signed by both parties, unless otherwise expressly provided herein. 32. Governing Law. This Contract will be governed by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, gender identity, or age. The Contractor must 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 must incorporate the foregoing requirements of this paragraph in all its subcontracts for Work under this Contract, and must require all of its subcontractors for such work to incorporate such requirements in all sub-subcontracts for Work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A, 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 will be deemed effective on the earlier of the date of receipt or the date of mailing or deposit, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party will 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 specified above, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder are 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 under this Contract will be honored by the City. 37. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination will not affect the validity or enforceability of the remaining provisions of this Agreement. The parties intend that this Agreement be enforced to the fullest extent permitted under Minnesota law, and any invalid, illegal, or unenforceable provision be deemed modified to the minimum extent necessary to make it valid and enforceable, consistent with the parties’ original intent. 38. Statutory Provisions. Standard Construction Contract (rev. 4/2026) Page 13 of 15 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, must 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 will comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract must 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 will not affect, in any respect, the validity of the remainder of this Contract. (signatures on following page) Standard Construction Contract (rev. 4/2026) Page 14 of 15 CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Construction Contract (rev. 4/2026) Page 15 of 15 EXHIBIT A Proposal/Scope of Work City Council Agenda Cover Memo Date: July 14, 2026 Section: Consent Calendar Item Number: VII.H. Department: Public Works/ Engineering – Ashton Kogel ITEM DESCRIPTION I.C. 25801 – 2026: Approve Change Order #1 for the 2026 Pavement Rehabilitation Project REQUESTED ACTION Move to: Approve Change Order #1 for the 2026 Pavement Rehabilitation Project in the amount of $58,565.00. SUMMARY This project began on June 11th, 2026 and it is anticipated to be complete in late August. Change Order #1 consists of additional costs as a result of unanticipated poor subgrade conditions to streets included in the 2026 Pavement Rehabilitation Project. The full depth reclamation strategy originally selected for these streets was not possible without additional subgrade corrections; a solution of utilizing Portland cement stabilized reclamation was recommended by the Engineer. In addition, some concrete curb and gutter was needed to be removed and replaced as the subgrade failed and damaged some of the existing curb. The change order reﬂects the additional costs of implementing the Portland cement stabilized reclamation method and curb removal and replacement into the project. Staﬀ recommends approval of the additional costs. ATTACHMENT Change Order #1 City Council Agenda Cover Memo Date: July 14, 2026 Section: Consent Agenda Item Number: VII.I. Department: Public Works/Utilities Division – Joe Dusek, Water Plant Supervisor ITEM DESCRIPTION Approve Change Order with Pioneer Power to replace the Water Treatment Plant Air Compressor System as part of the Water Treatment Plant Geothermal project. REQUESTED ACTION Move To: Approve Change Order with Pioneer Power, Inc. in the amount of $492,030.00 to replace the air compressor system at the Water Treatment Plant. SUMMARY The City of Eden Prairie Utilities Division advertised and received bids for the water treatment plant air compressor system replacement in July 2025. Two bids were received (listed below). Pioneer Power $492,030 MN Mechanical Solutions $492,640 Both bids came in above the project’s budget amount, so the decision was made to reject all bids, and staﬀ budgeted appropriate funds in our Capital Improvement Plan for 2027 to complete the project. This past winter, another one of our compressors broke beyond repair, so 2 of our 4 air compressors are now out of service. Since the low bid on the Air Compressor System Replacement project happens to be the same contractor that was awarded the Water Treatment Plant Geothermal Project, we are proposing to make this improvement as a change order to the Water Plant Geothermal Project and Pioneer Power is honoring their 2025 low bid price. The compressed air system at the water treatment plant is a critical component as compressed air is needed to operate the valves on ﬁlters and operate the ﬁlter press for sludge disposal. ATTACHMENTS Change Order Rick Wahlen Manager, Utility Operations 06/15/2026 City Council Agenda Cover Memo Date: July 14, 2026 Section: Consent Calendar Item Number: VII.J. Department: Public Works/Engineering – Patrick Sejkora, Water Resources Engineer ITEM DESCRIPTION Approve Professional Services Agreement with SRF Consulting Group, Inc. for the Riverview Road Reconstruction project (Homeward Hills Road to Parker Drive) IC No. 26812 REQUESTED ACTION Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for the Riverview Road Reconstruction project (Homeward Hills Road to Parker Drive) in the amount of $224,721.00 SUMMARY The section of Riverview Road from Homeward Hills Road to Parker Driver is currently in our 2027 CIP. This project will upgrade this segment from the existing rural roadway to a standard urban section with storm sewer infrastructure and curb and gutter. The project will also connect existing trail sections along the north side of the road to allow for greater pedestrian connectivity. Through this professional services agreement, SRF will produce plans and speciﬁcations for the upgraded urban section of Riverview Road and trail extension on the north side of the road. They will design a storm sewer system and best management practices to treat stormwater runoﬀ. This project is funded by the City Stormwater Utility Fund, Municipal State Aid, and a special assessment. The assessment was levied in 1999 and there are no further assessments for the project. ATTACHMENT Professional Services Agreement (rev. 4/2026) Standard Agreement for Professional Services This Agreement for Professional Services (“Agreement”) is made on this 14th day of July, 2026, between the City of Eden Prairie, Minnesota, a municipal corporation (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc., a Minnesota Corporation (“Consultant”) whose business address is 3701 West Wayzata Boulevard, Suite 100, Minneapolis, MN 55416. 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 Riverview Road (Homeward Hills Road to Parker Drive) 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 (SRF Letter Dated July 6, 2026) 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 will not be in effect in any manner. 2. Term. The term of this Agreement will be from July 14, 2026 through May 30, 2027 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 $224,721.00 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 will 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. Page 2 of 13 (rev. 4/2026) 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 actions, actions of a third party, or actions or inactions of City, the time for performance will 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 will 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 will give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and will 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 will 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. The City will appoint a representative with respect to the work to be performed under this Agreement. The City representative will 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 will submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted will 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 must 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 must Page 3 of 13 (rev. 4/2026) 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 must provide an itemized listing and such documentation as reasonably required by the City. Each invoice must 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. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant will 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 only 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 must 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 will 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 must 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 will 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 must put forth reasonable efforts to complete its duties in a timely manner. Consultant will 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. Consultant will 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 upon seven (7) days’ written notice delivered to the other party at the address written above. Upon termination, if there is no fault of the Consultant, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Consultant has failed to perform in accordance Page 4 of 13 (rev. 4/2026) with this Agreement, no further payment will be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant may 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 must 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 must pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant must pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant will 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 deems necessary and appropriate for the performance of its obligations pursuant to this Agreement, who will be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) will have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein may be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant must 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 must 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, 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 Page 5 of 13 (rev. 4/2026) Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph. c. Consultant must 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 d. Commercial General Liability. The Commercial General Liability Policy must be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance must 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 may 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 must maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. 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. Page 6 of 13 (rev. 4/2026) g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, must name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, must apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies must 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, must be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, must insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy must 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 is Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies must 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 must 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 must be provided. Such documents evidencing Insurance must be in a form acceptable to City and must provide satisfactory evidence that Consultant has complied with all Page 7 of 13 (rev. 4/2026) insurance requirements. Renewal certificates must 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 will 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. 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) 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 Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity will 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. r. 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, Page 8 of 13 (rev. 4/2026) 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. ADA Title II Compliance for Digital Content. The following provisions apply only to the extent Consultant’s obligations under this Agreement require it to produce content that will be posted on the City’s website or digital apps. a. Compliance with Accessibility Laws. Consultant must ensure that all digital content, documents, materials, deliverables, and services produced under this Agreement that are intended for publication on, or integration with, the City’s public-facing website (collectively, “Digital Content”) comply with all applicable federal, state, and local accessibility laws and regulations, including, but not limited to, the Americans with Disabilities Act (ADA), Title II, and its implementing regulations (28 C.F.R. Part 35). b. Accessibility Standards. At a minimum, all Digital Content must conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent version adopted by the City or required by applicable law. This includes, but is not limited to, content such as documents, images, videos, audio, maps, and interactive features. c. Maps and Non-Accessible Content. To the extent Consultant produces map- based, GIS, or other inherently visual or technically constrained content that cannot be made fully accessible, Consultant must: i. notify the City in writing in advance; ii. provide a detailed explanation of the accessibility limitations; and iii. supply equivalent alternative formats, data, or descriptions sufficient to enable the City to provide meaningful access to individuals with disabilities in compliance with ADA Title II. Page 9 of 13 (rev. 4/2026) 15. Mediation. Each dispute, claim or controversy arising from or related to this Agreement is subject to mediation as a condition precedent to the initiation of any legal or equitable proceeding by either party. The mediator will be selected by mutual agreement of the parties, and the costs of mediation will be shared equally. Unless otherwise agreed in writing, mediation will be held in the City of Eden Prairie. Any resolution reached through mediation must be documented in a written mediated settlement agreement, which will be binding on the parties and enforceable in any court of competent jurisdiction. General Terms And Conditions 16. Assignment. Neither party may assign this Agreement, nor any interest arising under this Agreement, without the written consent of the other party. 17. Compliance with Laws and Regulations. In providing services under this Agreement, the Consultant must abide by statutes, ordinances, rules, and regulations pertaining to the services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the services will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Conflicts. No salaried officer or employee of the City and no member of the City Council may have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 19. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be considered an original. 20. Damages. In the event of a breach of this Agreement by either party, the non-breaching party will not be entitled to recover punitive, special, or consequential damages or damages for loss of business. 21. Enforcement. The Consultant will reimburse the City for all costs and expenses incurred by the City in enforcing any of its rights or remedies under this Agreement, whether during the term of this Agreement or thereafter, including, without limitation, reasonable attorneys’ fees. 22. Entire Agreement, Construction, Application, and Interpretation. This Agreement is entered into in furtherance of the City’s public purpose mission and must be construed, interpreted, and applied in accordance with that mission. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous oral or written agreements, negotiations, and understandings relating to its subject matter. Any amendment, modification, deletion, or waiver of any provision of this Agreement will be effective only if set forth in a written document signed by both parties, unless otherwise expressly provided herein. Page 10 of 13 (rev. 4/2026) 23. Governing Law. This Agreement will be governed by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, gender identity, or age. The Consultant must 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 must incorporate the foregoing requirements of this paragraph in all its subcontracts for Work under this Agreement, and must require all of its subcontractors for such work to incorporate such requirements in all sub-subcontracts for Work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A, 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 will be deemed effective on the earlier of the date of receipt or the date of mailing or deposit, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party will 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 specified above, 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 are 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 under this Agreement will be honored by the City. 28. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination will not affect the validity or enforceability of the remaining provisions of this Agreement. The parties intend that this Agreement be enforced to the fullest extent permitted under Minnesota law, and any invalid, illegal, or unenforceable provision be deemed modified to the minimum extent necessary to make it valid and enforceable, consistent with the parties’ original intent. 29. Statutory Provisions. Page 11 of 13 (rev. 4/2026) 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, must 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 Consultant 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 will comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement must 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 will not affect, in any respect, the validity of the remainder of this Agreement. Page 12 of 13 (rev. 4/2026) Executed as of the day and year first written above. CITY OF EDEN PRAIRIE ___________________________________ Mayor ___________________________________ City Manager CONSULTANT By: ________________________________ Its: _________________________________ Page 13 of 13 (rev. 4/2026) EXHIBIT A Quote/Proposal/Scope of Services w w w . s r f c o n s u l t i n g . c o m 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer SRF Project No. 20432.PP July 6, 2026 Patrick Sejkora Water Resources Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 psejkora@edenprairiemn.gov Subject: Proposal for Professional Services for Riverview Road Eden Prairie, MN Dear Patrick Sejkora: Based on your request, SRF Consulting Group, Inc. (“SRF”) is pleased to submit this Proposal to provide professional services for the reconstruction of Riverview Road between Homeward Hills Road and Parker Drive. Scope of Services SRF proposes to carry out the work (“Scope of Services”), set forth in Attachment B, attached hereto and incorporated into this Agreement. Assumptions We assume that Riverview Road will be fully reconstructed to an urban section with storm sewer improvements. A trail will be added along the north side. The City of Eden Prairie will retain a geotechnical consultant. Construction is anticipated for 2027. See Attachment B for additional assumptions. Subconsultants SRF does not intend to hire subconsultants for this work. Schedule SRF will complete this work within a mutually agreed-upon time schedule, expected to begin design in July 2026 with a duration of approximately 9 months. Basis of Payment/Budget SRF proposes to be reimbursed for the Scope of Services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Patrick Sejkora July 6, 2026 City of Eden Prairie Page 2 of 5 Based on SRF’s understanding of the project and our Scope of Services, the estimated the cost for this Proposal is $224,721 in accordance with the rates provided in Attachment B. Changes in Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, SRF will submit a budget request for the new work and will not begin work until you provide authorization. Standard Terms and Conditions The attached Standard Terms and Conditions (Attachment A), and Scope of Services (Attachment B), together with this Proposal for professional services, constitute the entire agreement between you and SRF and supersedes all prior written or oral understandings. This agreement may only be amended, supplemented, modified, or canceled by a written instrument executed by both parties. Acceptance/Notice to Proceed A signed copy of this Proposal, mailed or emailed to Bob Leba at the address on the first page of this document or at bleba@srfconsulting.com, will serve as acceptance of this Proposal and SRF’s notice to proceed. We appreciate your consideration of this Proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF Consulting Group, Inc. Robert Leba Project Director BJL Attachment(s): Attachment A – Standard Terms and Conditions Attachment B – Scope of Services City Council Agenda Cover Memo Date: July 14, 2026 Section: Consent Calendar Item Number: VII.K. Department: Public Works/Utilities Division – Rick Wahlen, Utility Division Manager ITEM DESCRIPTION Award Contract to Pember Companies, Inc. for the base-bid amount plus alternates 1 and 2 for the rehabilitation of Sanitary Sewer Lift Station No. 16 in the amount of $375,320.00 REQUESTED ACTION Move To: Award Construction Contract to Pember Companies, Inc. in the amount of $375,320.00 for the Rehabilitation of Sanitary Sewer Lift Station No. 16 located at 18488 Bearpath Trail. SUMMARY City staﬀ is recommending the City Council reject the lowest bid for this project in the best interest of the City due to an incomplete bid submission (missing required references) and demonstrated past performance shortcomings of the lowest bidder on the most recent city sanitary sewer rehab project. Challenges in project planning, construction management, and submission of required project documentation are fully referenced in daily engineer reports and correspondence. To date, there are still missing or deﬁcient project submittals that were due before the project was started, and project planning decisions delayed the completion date, which has not yet been achieved. Staﬀ recommends the City Council award the contract to the second lowest responsive bidder. Given the disruption to traﬃc on the narrow streets of the Bearpath community, construction delays or problems with temporary conveyance of sewage (sewer bypass system) on this next project could have a much greater impact on the neighborhood should something go wrong. The project engineer, AE2S, has also provided a letter of recommendation advising the selection of the second highest bidder. Funds for this project are forecast in the Wastewater Enterprise Capital Improvement Budget. ATTACHMENTS Contract Letter of Recommendation Bid Tabulation (rev. 4/2026) Construction Contract Agreement This Construction Contract Agreement (“Agreement”) is made and executed this _14th_ day of _July_, 20_26_, by and between the City of Eden Prairie, a Minnesota municipal corporation (“City”), and _Pember Companies, Inc._, a _Wisconsin_ (“Contractor”). WITNESSETH: City and Contractor, for the consideration hereinafter stated, agrees as follows: 1. Contractor hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the City for: I.C. _25703 Rehabilitation of Sanitary Sewer Lift Station No. 16 at 18488 Bearpath Trail_ Contractor further agrees to do everything required by this Agreement and the Contract Documents. 2. City agrees to pay and Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted Contractor’s proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $ 375,320.00 . 3. Payments to Contractor by City shall be made as provided in the Contract Documents. 4. The Contract Documents consist of the following component parts: a. Legal and Procedural Documents (1) Advertisement for Bids (2) Instruction to Bidders (3) Accepted Proposal Form (4) This Construction Contract Agreement (5) Contractor’s Performance Bond (6) Contractor’s Payment Bond (7) Responsible Contractor Verification Form b. Special Conditions c. Detail Specifications d. General Conditions e. Plans f. Addenda, Supplemental Agreements, and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. 5. Contractor agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. IN WITNESS WHEREOF, the parties to this Agreement executed this Agreement as of the date first above written. CITY OF EDEN PRAIRIE By: __________________________________ Its: Mayor By: __________________________________ Its: City Manager CONTRACTOR By: ___________________________________ Its: ___________________________________ July 2, 2026 City of Eden Prairie Mr. Andy Allman and Mr. Rick Wahlen Utility Field Operations Supervisor and Utility Operations Manager 14100 Technology Dr., Eden Prairie MN 55344 Re: Bid Summary and Updated Engineer’s Recommendation Eden Prairie Bearpath Lift Station Rehabilitation Dear Mr. Allman and Mr. Wahlen, Pursuant to the authority of the Eden Prairie City Council and following proper legal advertisement, the window for bid receival for the Eden Prairie Bearpath Lift Station Rehabilitation Project concluded on Thursday, May 7th, at 11:00AM. Six bids were received for the project. The bids received were completed in accordance with the project manual. A bid tabulation can be found in Attachment No. 1 of this document. The attached bid tabulation presents a comparison of the six bids received. The engineer’s opinion of probable cost was $350,000.00. The lowest responsive bidder was Krueger Excavating, Inc. with a Base Bid price of $255,500.00, an Alternate 1 price of $21,450.00, and an Alternate 2 price of $11,110.00. Based upon direct experience with Krueger Excavating, Inc. for the Red Oak Lift Station project, the complexities of the work at the Bear Path Lift Station site, and discussions with City staff, Advanced Engineering and Environmental Services, Inc. (AE2S) recommends the City award a construction contract to the second lowest responsive bidder, Pember Companies, Inc with a Base Bid price of $343,920.00, an Alternate 1 price of $20,700.00, and an Alternate 2 price of $10,700.00. AE2S truly appreciates the opportunity to work with the City of Eden Prairie on this important project. Should you have any questions or comments, please feel free to contact me. Sincerely, Jason Benson Project Manager Contractor Do w n l o a d A d d e n d a ( 0 ) Bid B o n d 00 4 1 0 0 B i d F o r m vB i d W o r k s h e e t Contract No. 1 Base Bid Lump Sum Alternate No. 1 Wet Well Interior Coating (Adder) Alternate No. 2 Valve Vault Interior Coating (Adder) 1 Krueger Excavating, Inc.$255,500.00 $21,450.00 $11,110.00 2 Pember Companies, Inc.$343,920.00 $20,700.00 $10,700.00 3 Minger Construction Co., Inc.$348,750.00 $27,000.00 $16,250.00 4 R & R Excavating, Inc.$388,309.04 $20,000.00 $15,000.00 5 Meyer Contracting Inc.$393,049.31 $19,500.00 $10,100.00 6 PCIRoads, LLC $537,000.00 $19,500.00 $10,100.00 Engineer's Estimate $350,000.00 Bearpath Lift Station Rehabilitation City of Eden Prairie Eden Prairie, MN AE2S Project No. P02009-2025-008 Bid Opening Time 11:00 AM CDT Date Thursday, May 7, 2026 City Council Agenda Cover Memo Date: July 14, 2026 Section: Consent Calendar Item Number: VII.L. Department: Public Works/Utilities Division – Rick Wahlen, Utility Division Manager ITEM DESCRIPTION Approve Inﬂow and Inﬁltration Grant Agreement for Sanitary Sewer Improvements Managed by the Metropolitan Council Environmental Services (MCES). REQUESTED ACTION Move To: Approve Grant Agreement SG-21276 for Sanitary Sewer Improvements under the 2023 Municipal Publicly Owned Infrastructure Inﬂow and Inﬁltration Grant Program. SUMMARY As has been the City’s practice since this grant program was ﬁrst made available, the City of Eden Prairie applied for the 2023 Inﬂow and Inﬁltration Grant from MCES for the period January 1, 2024 through December 31, 2025. Eden Prairie was approved as a grant participant in February, 2024 and per the conditions of the program, directed to perform the estimated sanitary sewer system improvements included in the application documentation at City expense, track all costs, and submit expense documentation by March 31, 2026. Each city approved for participation in the grant program does likewise, and at the conclusion of the designated work-window, all costs from all participants are tabulated and a fair-share distribution is made among the Grantees. Eden Prairie’s original share was estimated to fall between $50,000 and $379,409 at the start of the program. The City’s actual reimbursement will be $177,602, or about 21% of the total improvement costs expended. The total cost of sanitary sewer improvements submitted to MCES for this grant program was $858,076. The $177,602 reimbursement will be coded back into the wastewater enterprise fund. ATTACHMENTS Grant Agreement Generic GO Bond Proceeds Ver – 10/26/20 Grant Agreement for Program End Grants General Obligation Bond Proceeds Grant Agreement - End Grant for the City of Eden Prairie Sanitary Sewer System Improvement Project under the Municipal Publicly Owned Infrastructure Inflow and Infiltration Grant Program Generic GO Bond Proceeds i Ver – 10/26/20 Grant Agreement for Program End Grants TABLE OF CONTENTS RECITALS Article I - DEFINITIONS Section 1.01 – Defined Terms Article II - GRANT Section 2.01 – Grant of Monies Section 2.02 – Public Ownership Section 2.03 – Use of Grant Proceeds Section 2.04 – Operation of the Real Property and Facility Section 2.05 – Public Entity Representations and Warranties Section 2.06 – Ownership by Leasehold or Easement Section 2.07 – Event(s) of Default Section 2.08 – Remedies Section 2.09 – Notification of Event of Default Section 2.10 – Survival of Event of Default Section 2.11 – Term of Grant Agreement Section 2.12 – Modification and/or Early Termination of Grant Section 2.13 – Excess funds Article III – USE CONTRACTS [NOT USED IN THIS AGREEMENT] The provisions of Article III are not applicable to this Agreement. Article IV – SALE Section 4.01 – Sale Section 4.02 – Proceeds of a Sale Article V – COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 – State Bond Financed Property Section 5.02 – Preservation of Tax Exempt Status Section 5.03 – Changes to G.O. Compliance Legislation or the Commissioner’s Order Article VI – DISBURSEMENT OF GRANT PROCEEDS Section 6.01– Disbursement of Grant Section 6.02 – Conditions Precedent to Disbursement of Grant Article VII- MISCELLANEOUS Section 7.01 – Insurance Section 7.02 – Condemnation Section 7.03 – Use, Maintenance, Repair and Alterations Section 7.04 – Records Keeping and Reporting Section 7.05 – Inspections by State Entity Generic GO Bond Proceeds ii Ver – 10/26/20 Grant Agreement for Program End Grants Section 7.06 – Data Practices Section 7.07 – Non-Discrimination Section 7.08 – Worker’s Compensation Section 7.09 – Antitrust Claims Section 7.10 – Review of Plans and Cost Estimates [Not used in this Agreement] Section 7.11 – Prevailing Wages Section 7.12 – Liability Section 7.13 – Indemnification by the Public Entity Section 7.14 – Relationship of the Parties Section 7.15 – Notices Section 7.16 – Binding Effect and Assignment or Modification Section 7.17 – Waiver Section 7.18 – Entire Agreement Section 7.19 – Choice of Law and Venue Section 7.20 – Severability Section 7.21 – Time of Essence Section 7.22 – Counterparts Section 7.23 – Matching Funds Section 7.24 – Source and Use of Funds Section 7.25 – Third-Party Beneficiary Section 7.26 – Public Entity Tasks Section 7.27 – State Entity and Commissioner Required Acts and Approvals. Section 7.28 – Applicability to Real Property and Facility Section 7.29 – E-Verification Section 7.30 – Additional Requirements Attachment I – DECLARATION Attachment II – LEGAL DESCRIPTION OF REAL PROPERTY Attachment III – SOURCE AND USE OF FUNDS Attachment IV – GRANT APPLICATION Generic GO Bond Proceeds 1 Ver – 10/26/20 Grant Agreement for Program End Grants General Obligation Bond Proceeds Grant Agreement SG-21276 – End Grant for the City of Eden Prairie Sanitary Sewer System Improvement Project under the 2023 Municipal Publicly Owned Infrastructure Inflow and Infiltration Grant Program THIS AGREEMENT shall be effective as of May 1st, 2026, and is between the City of Eden Prairie, a Minnesota Municipal Corporation (the “Public Entity”), and the Metropolitan Council (the “State Entity”). RECITALS A.The State Entity has created and is operating a Municipal Publicly Owned Infrastructure Inflow and Infiltration Grant Program (the “State Program”) under the authority granted by Minn. Stat. § 473.5491 and all rules related to such legislation (the “State Program Enabling Legislation”). B.Under the State Program, the State Entity is authorized to provide grants that are funded with proceeds of state general obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution. C.Under the State Program the recipients of a grant must use such funds to perform those functions delineated in the State Program Enabling Legislation. D.The Public Entity submitted, if applicable, a grant application to the State Entity in which the Public Entity requests a grant from the State Program the proceeds of which will be used for the purposes delineated in such grant application. E.The Public Entity has applied to and been selected by the State Entity for a receipt of a grant from the State Program in an amount of $177,602.00 (the “Program Grant”), the proceeds must be used by the Public Entity to perform those functions and activities imposed by the State Entity under the State Program and, if applicable, delineated in that certain grant application (the “Grant Application”) attached hereto as Attachment V that the Public Entity submitted to the State Entity. F.Under the provisions contained in Minnesota Laws 2023, chapter 72, article 1, section 17, subdivision 2., the Public Entity has been given the authority to perform those functions and activities required of it under the State Program and, if applicable, delineated in Grant Application attached hereto as Attachment V that the Public Entity submitted to the State Entity. G.The Public Entity’s receipt and use of the Program Grant to acquire an ownership interest in and/or improve real property (the “Real Property”) and, if applicable, structures situated Generic GO Bond Proceeds 2 Ver – 10/26/20 Grant Agreement for Program End Grants thereon (the “Facility”) will cause the Public Entity’s ownership interest in all of such real property and structures to become “state bond financed property”, as such term is used in Minn. Stat. § 16A.695 (the “G.O. Compliance Legislation”) and in that certain “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended (the “Commissioner’s Order”), even though such funds may only be a portion of the funds being used to acquire such ownership interest and/or improve such real property and structures and that such funds may be used to only acquire such ownership interest and/or improve a part of such real property and structures. H. The Public Entity and the State Entity desire to set forth herein the provisions relating to the granting and disbursement of the proceeds of the Program Grant to the Public Entity and the operation of the Real Property and, if applicable, Facility. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: “Agreement” - means this General Obligation Bond Proceeds Grant Agreement - End Grant for the City of Eden Prairie Sanitary Sewer System Improvement Project under the 2023 Municipal Publicly Owned Infrastructure Inflow and Infiltration Grant Program, as such exists on its original date and any amendments, modifications or restatements thereof. “Approved Debt” – means public or private debt of the Public Entity that is consented to and approved, in writing, by the Commissioner of MMB, the proceeds of which were or will used to acquire an ownership interest in or improve the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds. Approved Debt includes, but is not limited to, all debt delineated in Attachment III to this Agreement; provided, however, the Commissioner of MMB is not bound by any amounts delineated in such attachment unless he/she has consented, in writing, to such amounts. “Code” - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. “Commissioner of MMB” - means the commissioner of Minnesota Management and Budget, and any designated representatives thereof. “Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” Generic GO Bond Proceeds 3 Ver – 10/26/20 Grant Agreement for Program End Grants executed by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as amended. “Counterparty” - means any entity with which the Public Entity contracts under a Use Contract. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Declaration” - means a declaration, or declarations, in the form contained in Attachment I to this Agreement and all amendments thereto, indicating that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is bond financed property within the meaning of the G.O. Compliance Legislation and is subject to certain restrictions imposed thereby. “Event of Default” - means one or more of those events delineated in Section 2.07. “Facility”, if applicable, - means City of Eden Prairie sanitary sewer collection system, which is located, or will be constructed and located, on the Real Property and all equipment that is a part thereof that was purchased with the proceeds of the Program Grant. “Fair Market Value” – means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal that assumes that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all liens and encumbrances on the property being sold that negatively affect the value of such property, will be paid and released at the time of acquisition by the purchaser. “G.O. Bonds” - means that portion of the state general obligation bonds issued under the authority granted in Article XI, § 5(a) of the Minnesota Constitution the proceeds of which are used to fund the Program Grant and any bonds issued to refund or replace such bonds. “G.O. Compliance Legislation” - means Minn. Stat. § 16A.695, as it may be amended, modified or replaced from time to time unless such amendment, modification or replacement imposes an unconstitutional impairment of a contract right. “Grant Application” – means that certain grant application attached hereto as Attachment IV that the Public Entity submitted to the State Entity. This definition is only needed and only applies if the Public Entity submitted a grant application to the State Entity. If the Public Entity did not submit a grant application to the State Entity, then this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. Generic GO Bond Proceeds 4 Ver – 10/26/20 Grant Agreement for Program End Grants “Initial Acquisition and Betterment Costs” – means the cost to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility if the Public Entity does not already possess the required ownership interest, and the costs of betterments of the Real Property and, if applicable, Facility; provided, however, the Commissioner of MMB is not bound by any specific amount of such alleged costs unless he/she has consented, in writing, to such amount. “Leased/Easement Premises” - means the real estate and structures, if any, that are leased to the Public Entity under a Real Property/Facility Lease or granted to the Public Entity under an easement. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Lessor/Grantor” – means the fee owner/lessor or grantor of the Leased/Easement Premises. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is by way of a leasehold interest under a Real Property/Facility Lease or by way of an easement. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “Outstanding Balance of the Program Grant” – means the portion of the Program Grant that has been disbursed to or on behalf of the Public Entity minus any portion thereof previously paid back to the Commissioner of MMB. “Ownership Value”, if any – means the value, if any, of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility that existed concurrent with the Public Entity’s execution of this Agreement. Such value shall be established by way of an appraisal or by such other manner as may be acceptable to the State Entity and the Commissioner of MMB. The parties hereto agree and acknowledge that such value is $858,076.00 or Not Applicable; provided, however, the Commissioner of MMB is not bound by any inserted dollar amount unless he/she has consented, in writing, to such amount. If no dollar amount is inserted and the blank “Not Applicable” is not checked, a rebuttable presumption that the Ownership Value is $0.00 shall be created. (The blank “Not Applicable” should only be selected and checked when a portion of the funds delineated in Attachment III attached hereto are to be used to acquire the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and in such event the value of such ownership interest should be shown in Attachment III and not in this definition for Ownership Value). “Program Grant” - means a grant of monies from the State Entity to the Public Entity in the amount identified as the “Program Grant” in Recital E to this Agreement, as the amount thereof may be modified under the provisions contained herein. Generic GO Bond Proceeds 5 Ver – 10/26/20 Grant Agreement for Program End Grants “Project” – means the Public Entity’s acquisition, if applicable, of the ownership interests in the Real Property and, if applicable, Facility denoted in Section 2.02 along with the performance of the activities denoted in Section 2.03. (If the Public Entity is not using any portion of the Program Grant to acquire the ownership interest denoted in Section 2.02, then this definition for Project shall not include the acquisition of such ownership interest, and the value of such ownership interest shall not be included in Attachment III hereto and instead shall be included in the definition for Ownership Value under this Section.) “Public Entity” - means the entity identified as the “Public Entity” in the lead-in paragraph of this Agreement. “Real Property” - means the real property located in the County of Hennepin, State of Minnesota, legally described in Attachment II to this Agreement. “Real Property/Facility Lease” - means a long term lease of the Real Property, the Facility, if applicable, or both by the Public Entity as lessee thereunder. This definition is only needed and only applies if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both, is a leasehold interest under a lease. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. “State Entity” - means the entity identified as the “State Entity” in the lead-in paragraph of this Agreement. “State Program” – means the program delineated in the State Program Enabling Legislation. “State Program Enabling Legislation” – means the legislation contained in the Minnesota statute(s) delineated in Recital A and all rules related to such legislation. “Subsequent Betterment Costs” – means the costs of betterments of the Real Property and, if applicable, Facility that occur subsequent to the date of this Agreement, are not part of the Project, would qualify as a public improvement of a capital nature (as such term in used in Minn. Constitution Art. XI, §5(a) of the Minnesota Constitution), and the cost of which has been established by way of written documentation that is acceptable to and approved, in writing, by the State Entity and the Commissioner of MMB. “Use Contract” - means a lease, management contract or other similar contract between the Public Entity and any other entity that involves or relates to any part of the Real Property and/or, if applicable, Facility. This definition is only needed and only applies if the Public Entity enters into an agreement with another party under which such other party will operate the Real Property, and/or if applicable, Facility. For all other circumstances this definition is not needed and should be ignored and treated as if it were left blank, and any reference to this term in this Agreement shall be ignored and treated as if the reference did not exist. Generic GO Bond Proceeds 6 Ver – 10/26/20 Grant Agreement for Program End Grants “Useful Life of the Real Property and, if applicable, Facility” – means the term set forth in Section 2.05.V, which was derived as follows: (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement, that will remain on the Real Property, and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered. Article II GRANT Section 2.01 Grant of Monies. The State Entity shall make and issue the Program Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the State Entity or the Commissioner of MMB under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property and, if applicable, Facility must be owned by one or more public entities. Such ownership may be in the form of fee ownership, a Real Property/Facility Lease, or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and warrants to the State Entity that it has, or will acquire, the following ownership interests in the Real Property and, if applicable, Facility, and, in addition, that it possess, or will possess, all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, Facility in the manner specified in Section 2.04: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: contained in Section 2.06. (If the term of the easement is for a term authorized by a Minnesota statute, X Generic GO Bond Proceeds 7 Ver – 10/26/20 Grant Agreement for Program End Grants Ownership Interest in, if applicable, the Facility. Fee simple ownership of the Facility. A Real Property/Facility Lease for the Facility that complies with all of the requirements contained in Section 2.06. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities, and may not use the Program Grant for any other purpose. (Check all appropriate boxes.)  Sanitary Sewer System Improvements (Describe other or additional purposes.) Section 2.04 Operation of the Real Property and Facility. The Real Property and, if applicable, Facility must be used by the Public Entity or the Public Entity must cause such Real Property and, if applicable, Facility to be used, for those purposes required by the State Program and in accordance with the information contained in the Grant Application, or for such other X Generic GO Bond Proceeds 8 Ver – 10/26/20 Grant Agreement for Program End Grants purposes and uses as the Minnesota legislature may from time to time designate, and for no other purposes or uses. The Public Entity may enter into Use Contracts with Counterparties for the operation of all or any portion of the Real Property and, if applicable, Facility; provided that all such Use Contracts must have been approved, in writing, by the Commissioner of MMB and fully comply with all of the provisions contained in Sections 3.01, 3.02 and 3.03. The Public Entity must, whether it is operating the Real Property and, if applicable, Facility or has contracted with a Counterparty under a Use Contract to operate all or any portion of the Real Property and, if applicable, Facility, annually determine that the Real Property and, if applicable, Facility is being used for the purpose required by this Agreement, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity and the Commissioner of MMB. For those programs, if any, that the Public Entity will directly operate on all or any portion of the Real Property and, if applicable, Facility, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it has the ability and a plan to fund such programs, (ii) it has demonstrated such ability by way of a plan that it submitted to the State Entity, and (iii) it will annually adopt, by resolution, a budget for the operation of such programs that clearly shows that forecast program revenues along with other funds available for the operation of such program will be equal to or greater than forecast program expenses for each fiscal year, and will supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. For those programs, if any, that will be operated on all or any portion of the Real Property and, if applicable, Facility by a Counterparty under a Use Contract, the Public Entity covenants with and represents and warrants to the State Entity that: (i) it will not enter into such Use Contract unless the Counterparty has demonstrated that it has the ability and a plan to fund such program, (ii) it will require the Counterparty to provide an initial program budget and annual program budgets that clearly show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iii) it will promptly review all submitted program budgets to determine if such budget clearly and accurately shows that the forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses for each fiscal year, (iv) it will reject any program budget that it believes does not accurately reflect forecast program revenues or expenses or does not show that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, and require the Counterparty to prepare and submit a revised program budget, and (v) upon receipt of a program budget that it believes accurately reflects forecast program revenues and expenses and that shows that forecast program revenues along with other funds available for the operation of such program (from all sources) will be equal to or greater than forecast program expenses, it will approve such budget by resolution and supply to the State Entity and the Commissioner of MMB certified copies of such resolution and budget. Generic GO Bond Proceeds 9 Ver – 10/26/20 Grant Agreement for Program End Grants Section 2.05 Public Entity Representations and Warranties. The Public Entity further covenants with, and represents and warrants to the State Entity as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the Program Grant for the purpose or purposes described in the State Program Enabling Legislation. C. It has legal authority to operate the State Program and the Real Property and, if applicable, Facility for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. D. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. E. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. F. It will comply with all of the provisions and requirements contained in and imposed by the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program. G. It has made no material false statement or misstatement of fact in connection with its receipt of the Program Grant, and all of the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the Program Grant or the disbursement of any of the Program Grant is and will be true and correct. H. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, Facility, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. I. Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. Generic GO Bond Proceeds 10 Ver – 10/26/20 Grant Agreement for Program End Grants J. The contemplated use of the Real Property and, if applicable, Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project has been or will be completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been, or will be, obtained. N. It will operate, maintain, and manage the Real Property and, if applicable, Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, Facility. O. It will fully enforce the terms and conditions contained in any Use Contract. P. It has complied with the matching funds requirement, if any, contained in Section 7.23. Q. It will not, without the prior written consent of the State Entity and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity’s ownership interest in the Real Property or, if applicable, Facility, or the Counterparty’s interest in the Use Contract, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance that secures the repayment of a loan the repayment of which will not impair or burden the funds needed to operate the Real Property and, if applicable, Facility in the manner specified in Section 2.04, and for which the entire amount is used (i) to acquire additional real estate that is needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04 and will be included in and as part of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. R. It reasonably expects to possess the ownership interest in the Real Property and, if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Property and, if applicable, Facility, and it does not expect to sell such ownership interest. Generic GO Bond Proceeds 11 Ver – 10/26/20 Grant Agreement for Program End Grants S. It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Public Entity needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest, redemption premiums, and other expenses on any Approved Debt. T. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Program Grant to complete and fully pay for the Project. U. It has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the State Entity and to Minnesota Management and Budget (attention: Capital Projects Manager) that contains all of the recording information. V. The Useful Life of the Real Property and, if applicable, Facility is ____ years. W. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the State Entity or the Commissioner of MMB. Section 2.06 Ownership by Leasehold or Easement. This Section shall only apply if the Public Entity’s ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real Property/Facility Lease or an easement. For all other circumstances this Section is not needed and should be ignored and treated as if it were left blank, and any reference to this Section in this Agreement shall be ignored and treated as if the reference did not exist. A. A Real Property/Facility Lease or easement must comply with the following provisions. 1. It must be in form and contents acceptable to the Commissioner of MMB, and specifically state that it may not be modified, restated, amended, changed in any way, or prematurely terminated or cancelled without the prior written consent and authorization by the Commissioner of MMB. 2. It must be for a term that is equal to or greater than 125% of the Useful Life of the Real Property and, if applicable, Facility, or such other period of time specifically authorized by a Minnesota statute, rule or session law. 3. Any payments to be made under it by the Public Entity, whether designated as rent or in any other manner, must be by way of a single lump sum payment that is due and payable on the date that it is first made and entered into. 4. It must not contain any requirements or obligations of the Public Entity that if not complied with could result in a termination thereof. Generic GO Bond Proceeds 12 Ver – 10/26/20 Grant Agreement for Program End Grants 5. It must contain a provision that provides sufficient authority to allow the Public Entity to operate the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 6. It must not contain any provisions that would limit or impair the Public Entity’s operation of the Real Property and, if applicable, Facility in accordance with the requirements imposed under Section 2.04. 7. It must contain a provision that prohibits the Lessor/Grantor from creating or allowing, without the prior written consent of the State Entity and the Commissioner of MMB, any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested against the Leased/Easement Premises or the Lessor’s/Grantor’s interest in the Real Property/Facility Lease or easement, whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, however, the State Entity and the Commissioner of MMB will consent to any such lien or encumbrance if the holder of such lien or encumbrance executes and files of record a document under which such holder subordinates such lien or encumbrance to the Real Property/Facility Lease or easement and agrees that upon foreclosure of such lien or encumbrance to be bound by and comply with all of the terms, conditions and covenants contained in the Real Property/Facility Lease or easement as if such holder had been an original Lessor/Grantor under the Real Property/Facility Lease or easement. 8. It must acknowledge the existence of this Agreement and contain a provision that the terms, conditions and provisions contained in this Agreement shall control over any inconsistent or contrary terms, conditions and provisions contained in the Real Property/Facility Lease or easement. 9. It must provide that any use restrictions contained therein only apply as long as the Public Entity is the lessee under the Real Property/Facility Lease or grantee under the easement, and that such use restrictions will terminate and not apply to any successor lessee or grantee who purchases the Public Entity’s ownership interest in the Real Property/Facility Lease or easement. Provided, however, it may contain a provisions that limits the construction of any new structures on the Real Property or modifications of any existing structures on the Real Property without the written consent of Lessor/Grantor, which will apply to any such successor lessee or grantee. 10. It must allow for a transfer thereof in the event that the lessee under the Real Property/Lease or grantee under the easement makes the necessary determination to sell its interest therein, and allow such interest to be transferred to the purchaser of such interest. 11. It must contain a provision that prohibits and prevents the sale of the underlying fee interest in the Real Property and, if applicable, Facility without first obtaining the written consent of the Commissioner of MMB. Generic GO Bond Proceeds 13 Ver – 10/26/20 Grant Agreement for Program End Grants 12 The Public Entity must be the lessee under the Real Property/Lease or grantee under the easement. B. The provisions contained in this Section are not intended to and shall not prevent the Public Entity from including additional provisions in the Real Property/Facility Lease or easement that are not inconsistent with or contrary to the requirements contained in this Section. C. The expiration of the term of a Real Property/Facility Lease or easement shall not be an event that requires the Public Entity to reimburse the State Entity for any portion of the Program Grant, and upon such expiration the Public Entity’s ownership interest in the Real Property and, if applicable, Facility shall no longer be subject to this Agreement. D. The Public Entity shall fully and completely comply with all of the terms, conditions and provisions contained in a Real Property/Facility Lease or easement, and shall obtain and file, in the Office of the County Recorder or the Registrar of Titles, whichever is applicable, the Real Property/Facility Lease or easement or a short form or memorandum thereof. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the State Entity or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the Public Entity’s failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months unless otherwise consented to, in writing, by the State Entity and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the State Entity to disburse any of the Program Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, term, condition, covenant, or warranty contained in the G.O. Compliance Legislation, the Commissioner’s Order, or the State Program Enabling Legislation. D. If the Public Entity fails to provide and expend the full amount of the matching funds, if any, required under Section 7.23 for the Project. Generic GO Bond Proceeds 14 Ver – 10/26/20 Grant Agreement for Program End Grants E. If the Public Entity fails to record the Declaration and deliver copies thereof as set forth in Section 2.05.U. Notwithstanding the foregoing, any of the above delineated events that cannot be cured shall, unless waived in writing by the State Entity and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner of MMB giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner of MMB may enforce any or all of the following remedies. A. The State Entity may refrain from disbursing the Program Grant; provided, however, the State Entity may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other than the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall pay such amount to the Commissioner of MMB. D. Either the State Entity or the Commissioner of MMB, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained in this Agreement within 30 days of demand by the Commissioner of MMB, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the State Entity and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or off-set against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to the State Entity and the Commissioner of MMB, as soon as possible and in any event within 7 days after it has obtained knowledge of the occurrence of each Event of Default or each event which Generic GO Bond Proceeds 15 Ver – 10/26/20 Grant Agreement for Program End Grants with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.12 and at the end of its term in accordance with the provisions contained in Section 2.11. Section 2.11 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first used for the operation of the State Program after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the Commissioner of MMB shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.12 Modification and/or Early Termination of Grant. If the full amount of the Program Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, or such later date to which the Public Entity and the State Entity may agree in writing, then the State Entity’s obligation to fund the Program Grant shall terminate. In such event, (i) if none of the Program Grant has been disbursed by such date then the State Entity’s obligation to fund any portion of the Program Grant shall terminate and this Agreement shall terminate and no longer be of any force or effect, and (ii) if some but not all of the Program Grant has been disbursed by such date then the State Entity shall have no further obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Program Grant that was actually disbursed as of such date. This Agreement shall also terminate and no longer be of any force or effect upon the Public Entity’s sale of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with the provisions contained in Section 4.02, or upon the termination of Public Entity’s ownership interest in the Real Property and, if applicable, Facility if such ownership interest is by way of an easement or under a Real Property/Facility Lease. Upon such termination the State Entity shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, from the effect of this Agreement and the Declaration. Section 2.13 Excess Funds. If the full amount of the Program Grant and any matching funds referred to in Section 7.23 are not needed to complete the Project, then, unless language in Generic GO Bond Proceeds 16 Ver – 10/26/20 Grant Agreement for Program End Grants the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced by the amount not needed. Article III USE CONTRACTS The contents of Article III have been deliberately omitted from this Agreement. Article IV SALE Section 4.01 Sale. The Public Entity shall not sell any part of its ownership interest in the Real Property and, if applicable, Facility unless all of the following provisions have been complied with fully. A. The Public Entity determines, by official action, that such ownership interest is no longer usable or needed for the operation of the State Program, which such determination may be based on a determination that the portion of the Real Property or, if applicable, Facility to which such ownership interest applies is no longer suitable or financially feasible for such purpose. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. The written consent of the Commissioner of MMB has been obtained. The acquisition of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation thereof, by a lender that has provided monies for the acquisition of the Public Entity’s ownership interest in or betterment of the Real Property and, if applicable, Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, Facility in a manner which is not inconsistent with the requirements imposed under Section 2.04 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender’s ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 4.02. The Public Entity may participate in any public auction of its ownership interest in the Real Property and, if applicable, Facility and bid thereon; provided that the Public Entity agrees that if it is the successful purchaser it will not use any part of the Real Property or, if applicable, Facility for the State Program. Generic GO Bond Proceeds 17 Ver – 10/26/20 Grant Agreement for Program End Grants Section 4.02 Proceeds of a Sale. Upon the sale of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility the proceeds thereof after the deduction of all costs directly associated and incurred in conjunction with such sale and such other costs that are approved, in writing, by the Commissioner of MMB, but not including the repayment of any debt associated with the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of MMB in an amount equal to the Outstanding Balance of the Program Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the Program Grant then all of such net proceeds shall be distributed to the Commissioner of MMB. B. The remaining portion, after the distribution specified in Section 4.02.A, shall be distributed to (i) pay in full any outstanding Approved Debt, (ii) reimburse the Public Entity for its Ownership Value, and (iii) to pay interested public and private entities, other than any such entity that has already received the full amount of its contribution (such as the State Entity under Section 4.02.A and the holders of Approved Debt paid under this Section 4.02.B), the amount of money that such entity contributed to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs. If such remaining portion is not sufficient to reimburse interested public and private entities for the full amount that such entities contributed to the acquisition or betterment of the Real Property and, if applicable, Facility, then the amount available shall be distributed as such entities may agree in writing, and if such entities cannot agree by an appropriately issued court order. C. The remaining portion, after the distributions specified in Sections 4.02.A and B, shall be divided and distributed to the State Entity, the Public Entity, and any other public and private entity that contributed funds to the Initial Acquisition and Betterment Costs and the Subsequent Betterment Costs, other than lenders who supplied any of such funds, in proportion to the contributions that the State Entity, the Public Entity, and such other public and private entities made to the acquisition and betterment of the Real Property and, if applicable, Facility as such amounts are part of the Ownership Value, Initial Acquisition and Betterment Costs, and Subsequent Betterment Costs. The distribution to the State Entity shall be made to the Commissioner of MMB, and the Public Entity may direct its distribution to be made to any other entity including, but not limited to, a Counterparty. All amounts to be disbursed under this Section 4.02 must be consented to, in writing, by the Commissioner of MMB, and no such disbursements shall be made without such consent. The Public Entity shall not be required to pay or reimburse the State Entity or the Commissioner of MMB for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the Program Grant. Article V Generic GO Bond Proceeds 18 Ver – 10/26/20 Grant Agreement for Program End Grants COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION AND THE COMMISSIONER’S ORDER Section 5.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and agree that the Public Entity’s ownership interest in the Real Property and, if applicable, Facility is, or when acquired by the Public Entity will be, “state bond financed property”, as such term is used in the G.O. Compliance Legislation and the Commissioner’s Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity’s ownership interest in the Real Property and, if applicable, Facility and any Use Contracts relating thereto. Section 5.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or, if applicable, Facility, or use or invest the Program Grant or any other sums treated as “bond proceeds” under Section 148 of the Code including “investment proceeds,” “invested sinking funds,” and “replacement proceeds,” in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Section 148 of the Code. B. It will deposit into and hold all of the Program Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the G.O. Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty, that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and furnish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, as amended by Rev. Proc 2016-44 and Rev. Proc. 2017-13, or (iii) changing the nature of the use of the Real Property or, if applicable, Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an “unrelated trade or business” or for any “private business use” (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the Program Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take Generic GO Bond Proceeds 19 Ver – 10/26/20 Grant Agreement for Program End Grants any action necessary to maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 5.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. In the event that the G.O. Compliance Legislation or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s ownership interest in the Real Property or, if applicable, Facility is exempt from the G.O. Compliance Legislation and the Commissioner’s Order, then upon written request by the Public Entity the State Entity shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity’s ownership interest in the Real Property and, if applicable, Facility from the G.O. Compliance Legislation or the Commissioner’s Order. Article VI DISBURSEMENT OF GRANT PROCEEDS Section 6.01 Disbursement of Grant. Upon compliance with all of the conditions delineated in Section 6.02, the State Entity shall disburse the Program Grant to the Public Entity in one lump sum. Under no circumstance shall the State Entity be required to disburse funds in excess of the amount requested by the Public Entity under the provisions contained in Section 6.02.A even if the amount requested is less than the amount of the Program Grant delineated in Section 1.01. If the amount of Program Grant that the State Entity disburses hereunder to the Public Entity is less than the amount of the Program Grant delineated in Section 1.01, then the State Entity and the Public Entity shall enter into and execute whatever documents the State Entity may request in order to amend or modify this Agreement to reduce the amount of the Program Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, the State Entity’s obligation to disburse any of the Program Grant shall terminate as of the date specified in such Section even if the entire Program Grant has not been disbursed by such date. The Program Grant shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writing, by the State Entity and the Commissioner of MMB. Section 6.02 Conditions Precedent to Disbursement of Grant. The obligation of the State Entity to disburse the Program Grant to the Public Entity is subject to the following conditions precedent: A. The State Entity shall have received a request for disbursement of the Program Grant specifying the amount of funds being requested, which such amount shall not exceed the amount of the Program Grant delineated in Section 1.01. Generic GO Bond Proceeds 20 Ver – 10/26/20 Grant Agreement for Program End Grants B. The State Entity shall have received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Public Entity. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has fully and completely paid for the Project and all other expenses that may occur in conjunction therewith. E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity is in compliance with the matching funds requirements, if any, contained in Section 7.23 and that all of such matching funds, if any, have been expended for the Project. F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Public Entity possesses the ownership interest delineated in Section 2.02. G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, Facility and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other permits, bonds and licenses necessary for the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. J. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project was completed in a manner that will allow the Real Generic GO Bond Proceeds 21 Ver – 10/26/20 Grant Agreement for Program End Grants Property and, if applicable, Facility to be operated in the manner specified in Section 2.04, which requirement may be satisfied by a certificate of occupancy or such other equivalent document from the municipality in which the Real Property is located. K. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has the ability and a plan to fund the operation of the Real Property and, if applicable, Facility in the manner specified in Section 2.04. L. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the insurance requirements under Section 7.01 have been satisfied. M. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 7.10 and all additional applicable provisions and requirements, if any, contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 7.10.B has, if required, been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 7.10.C have, if required, received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have, if required, been notified pursuant to Section 7.10.G. N. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. O. The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require. Article VII MISCELLANEOUS Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the full insurable value thereof (i) by self insuring under a program of self insurance legally adopted, maintained and adequately funded by the Public Entity, or (ii) by way of builders risk insurance and fire and extended coverage insurance with a deductible in an amount acceptable to the State Entity under which the State Entity and the Public Entity are named as loss payees. If damages which are covered by such required insurance occur, then the Public Entity shall, at its sole option and discretion, either: (y) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (z) sell its ownership interest in the damaged Facility Generic GO Bond Proceeds 22 Ver – 10/26/20 Grant Agreement for Program End Grants and portion of the Real Property associated therewith in accordance with the provisions contained in Section 4.01. If the Public Entity elects to only partially repair such damage, then the portion of the insurance proceeds not used for such repair shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the Real Property and Facility. If the Public Entity elects to sell its ownership interest in the damaged Facility and portion of the Real Property associated therewith, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. The State Entity agrees to and will assign or pay over to the Public Entity all insurance proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes thereon as to the use of such insurance proceeds. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity named as an additional named insured therein. The Public Entity may require a Counterparty to provide and maintain any or all of the insurance required under this Section; provided that the Public Entity continues to be responsible for the providing of such insurance in the event that the Counterparty fails to provide or maintain such insurance. At the written request of either the State Entity or the Commissioner of MMB, the Public Entity shall promptly furnish to the requesting entity all written notices and all paid premium receipts received by the Public Entity regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. If the Public Entity fails to provide and maintain the insurance required under this Section, then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an equivalent nature, and any funds expended by the State Entity to obtain or maintain such insurance shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365-day year. Provided, however, nothing contained herein, including but not limited to this Section, shall require the State Entity to obtain or maintain such insurance, and the State Entity’s decision to not obtain or maintain such insurance shall not lessen the Public Entity’s duty to obtain and maintain such insurance. Section 7.02 Condemnation. If after the Public Entity has acquired the ownership interest delineated in Section 2.02 all or any portion of the Real Property and, if applicable, Facility is condemned to an extent that the Public Entity can no longer comply with the provisions Generic GO Bond Proceeds 23 Ver – 10/26/20 Grant Agreement for Program End Grants contained in Section 2.04, then the Public Entity shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Public Entity to continue to comply with the provisions contained in Section 2.04 and, if applicable, to fully or partially restore the Facility, and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its ownership interest in the Real Property and, if applicable, Facility in accordance with the provisions contained in Section 4.01. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 4.02 as if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 4.02 upon the ultimate sale of the Public Entity’s ownership interest in the remaining Real Property and, if applicable, Facility. If the Public Entity elects to sell its ownership interest in the portion of the Real Property and, if applicable, Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 4.02, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation awards or proceeds it receives so that the Public Entity can comply with the requirements that this Section imposes upon the Public Entity as to the use of such condemnation awards or proceeds. Section 7.03 Use, Maintenance, Repair and Alterations. The Public Entity shall (i) keep the Real Property and, if applicable, Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (iii) comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property or, if applicable, Facility, or any part thereof, or requiring any alterations or improvements thereto, (iv) keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (v) comply with the provisions of any Real Property/Facility Lease if the Public Entity’s ownership interest in the Real Property and, if applicable, Facility, is a leasehold interest, (vi) comply with the provisions of any easement if its ownership interest in the Real Property and, if applicable, Facility is by way of such easement, and (vii) comply with the provisions of any condominium documents and any applicable reciprocal easement or operating agreements if the Real Property and, if applicable, Facility, is part of a condominium regime or is subject to a reciprocal easement or use contract. The Public Entity shall not, without the written consent of the State Entity and the Commissioner of MMB, (a) permit or suffer the use of any of the Real Property or, if applicable, Facility, for any purpose other than the purposes specified in Section 2.04, (b) remove, demolish or substantially alter any of the Real Property or, if applicable, Facility, except such alterations as Generic GO Bond Proceeds 24 Ver – 10/26/20 Grant Agreement for Program End Grants may be required by laws, ordinances or regulations or such other alterations as may improve such Real Property or, if applicable, Facility by increasing the value thereof or improving its ability to be used to operate the State Program thereon or therein, (c) do any act or thing which would unduly impair or depreciate the value of the Real Property or, if applicable, Facility, (d) abandon the Real Property or, if applicable, Facility, (e) commit or permit any waste or deterioration of the Real Property or, if applicable, Facility, (f) remove any fixtures or personal property from the Real Property or, if applicable, Facility, that was paid for with the proceeds of the Program Grant unless the same are immediately replaced with like property of at least equal value and utility, or (g) commit, suffer or permit any act to be done in or upon the Real Property or, if applicable, Facility, in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property and, if applicable, Facility in accordance with the provisions contained in this Section, then the State Entity may perform whatever acts and expend whatever funds that are necessary to so maintain the Real Property and, if applicable, Facility and the Public Entity irrevocably authorizes and empowers the State Entity to enter upon the Real Property and, if applicable, Facility, to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility. Any actions taken or funds expended by the State Entity hereunder shall be at its sole option and discretion, and nothing contained herein, including but not limited to this Section, shall require the State Entity to take any action, incur any expense, or expend any funds, and the State Entity shall not be responsible for or liable to the Public Entity or any other entity for any such acts that are undertaken and performed in good faith and not in a negligent manner. Any funds expended by the State Entity to perform such acts as may to necessary to so maintain the Real Property and, if applicable, Facility shall be due and payable on demand by the State Entity and bear interest from the date of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per annum based upon a 365 day year. Section 7.04 Records Keeping and Reporting. The Public Entity shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the Project and operation of the Real Property and, if applicable, Facility needed to comply with the requirements contained in this Agreement, the G.O. Compliance Legislation, the Commissioner’s Order, and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of such items. The Public Entity shall use or cause the entity which is maintaining such items to use generally accepted accounting principles in the maintenance of such items, and shall retain or cause to be retained (i) all of such items that relate to the Project for a period of 6 years from the date that the Project is fully completed and placed into operation, and (ii) all of such items that relate to the operation of the Real Property and, if applicable, Facility for a period of 6 years from the date such operation is initiated. Section 7.05 Inspections by State Entity. Upon reasonable request by the State Entity and without interfering with the normal use of the Real Property and, if applicable, Facility, the Public Entity shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, Facility to allow the State Entity to inspect the Real Property and, if applicable, Facility. Generic GO Bond Proceeds 25 Ver – 10/26/20 Grant Agreement for Program End Grants Section 7.06 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant, the Project, or the operation of the Real Property and, if applicable, Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.07 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, or operation or management of the Real Property and, if applicable, Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Chapters 363A and 181 of the Minnesota Statutes that exist as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 7.08 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. §§ 176.181, subd. 2 and 176.182, as they may be amended, modified or replaced from time to time, with respect to the Project and the operation or management of the Real Property and, if applicable, Facility. Section 7.09 Antitrust Claims. The Public Entity hereby assigns to the State Entity and the Commissioner of MMB all claims it may have for overcharges as to goods or services provided with respect to the Project, and operation or management of the Real Property and, if applicable, Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 7.10 Review of Plans and Cost Estimates. The contents of Section 7.10 have been deliberately omitted from this Agreement. Section 7.11 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the State Program on or in the Real Property and, if applicable, Facility. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project or the operation of the State Program on or in the Real Property and, if applicable, Facility. Section 7.12 Liability. The Public Entity and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of the State Entity and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Public Entity is a “municipality” as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Public Entity, Generic GO Bond Proceeds 26 Ver – 10/26/20 Grant Agreement for Program End Grants including but not limited to the indemnification provided under Section 7.13, is governed by the provisions contained in such Chapter 466. Section 7.13 Indemnification by the Public Entity. The Public Entity shall bear all loss, expense (including attorneys’ fees), and damage in connection with the Project and operation of the Real Property and, if applicable, Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the State Entity, the Commissioner of MMB, or the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the Project or operation of the Real Property and, if applicable, Facility, whether or not due to any act of omission or commission, including negligence of the Public Entity or any contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the Commissioner of MMB, or the State of Minnesota, their employees, servants or agents. The Public Entity further agrees to indemnify, save, and hold the State Entity, the Commissioner of MMB, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Public Entity, its officers, employees, or agents, or by any Counterparty, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 7.06. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusions from coverage in any insurance policy. Section 7.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Public Entity, the State Entity, or the Commissioner of MMB, nor shall the Public Entity be considered or deemed to be an agent, representative, or employee of the State Entity, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property and, if applicable, Facility. The Public Entity represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the Project, and the operation and maintenance of the Real Property and, if applicable, Facility. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement, the Project, or the operation and maintenance of the Real Property and, if applicable, Facility shall not have any contractual relationship with the State Entity, the Commissioner of MMB, or the State of Minnesota, and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers’ Compensation Act of the State of Minnesota, claims of Generic GO Bond Proceeds 27 Ver – 10/26/20 Grant Agreement for Program End Grants discrimination against the Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the State Entity, the Commissioner of MMB, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the State Entity, the Commissioner of MMB, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 7.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Public Entity at: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attention: Rick Wahlen To the State Entity at: Metropolitan Council 390 Robert Street North St. Paul, MN 55101 Attention: Regional Administrator To the Commissioner of MMB at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 7.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Public Entity and the State Entity, and their respective successors and assigns. Provided, however, that neither the Public Entity nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Public Entity or the State Entity unless such change or modification is in writing and signed by an authorized official of the party or against which such change or modification is to be imposed. Generic GO Bond Proceeds 28 Ver – 10/26/20 Grant Agreement for Program End Grants Section 7.17 Waiver. Neither the failure by the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in any one or more instances to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of the Public Entity, the State Entity, or the Commissioner of MMB, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 7.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the State Entity, and there are no other agreements, either oral or written, between the Public Entity and the State Entity on the subject matter hereof. Section 7.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 7.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 7.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 7.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 7.23 Matching Funds. The Public Entity must obtain and supply the following matching funds, if any, for the Project: NONE Any matching funds which are intended to meet the above requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public Generic GO Bond Proceeds 29 Ver – 10/26/20 Grant Agreement for Program End Grants Entity shall supply to the Commissioner of MMB whatever documentation the Commissioner of MMB may request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner of MMB. Section 7.24 Source and Use of Funds. The Public Entity represents to the State Entity and the Commissioner of MMB that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down among the following categories: (i) State funds including the Program Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Public Entity, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses that are to be reimbursed and paid from proceeds of the Program Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Public Entity must provide to the State Entity and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the State Entity or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. The value of the Public Entity’s ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value Generic GO Bond Proceeds 30 Ver – 10/26/20 Grant Agreement for Program End Grants should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the State Program Enabling Legislation, be provided by either the Public Entity or a Counterparty under a Use Contract. Section 7.25 Third-Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 7.26 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 7.27 State Entity and Commissioner Required Acts and Approvals. The State Entity and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 7.28 Applicability to Real Property and Facility. This Agreement applies to the Public Entity’s ownership interest in the Real Property and if a Facility exists to the Facility. The term “if applicable” appearing in conjunction with the term “Facility” is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Public Entity’s ownership interest in the Real Property. Section 7.29 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 7.30 Additional Requirements. The Public Entity and the State Entity agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. NONE American-Made Steel. Minnesota Laws 2014, Chapter 294, Article 2, Section 22, requires public entities receiving an appropriation of public money for a project in that act to ensure those facilities are built with American-made steel, to the extent practicable. The Public Entity shall Generic GO Bond Proceeds 31 Ver – 10/26/20 Grant Agreement for Program End Grants comply with this requirement, and shall furnish any documentation pursuant thereto reasonably requested by the State Entity. NONE [THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK] Generic GO Bond Proceeds 32 Ver – 10/26/20 Grant Agreement for Program End Grants IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this General Obligation Bond Proceeds Grant Agreement End Grant for the City of Eden Prairie Sanitary Sewer System Improvement Project under the 2023 Municipal Publicly Owned Infrastructure Inflow and Infiltration Grant Program on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: CITY OF EDEN PRAIRIE a Minnesota Municipal Corporation By: Its: Ronald A. Case Mayor Dated: __________________, _____ And: Its: Rick Getschow City Manager Dated: __________________, _____ STATE ENTITY: METROPOLITAN COUNCIL, By: Leisa Thompson Its: Regional Administrator, successor, or delegate Dated: __________________, 2026_ Generic GO Bond Proceeds 33 Ver – 10/26/20 Grant Agreement for Program End Grants Attachment I to Grant Agreement (Declaration requirement partially waived – See attached MMB waiver letter and Attachment I- A Certification Form) State of Minnesota General Obligation Bond Financed DECLARATION The undersigned has the following interest in the real property located in the County of ____________, State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon (collectively, the “Restricted Property”): (Check the appropriate box.) a fee simple title, a lease, or an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Stat. § 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in that certain [Insert title of the general obligation grant agreement]_ between _______________ and ______________, dated _________, ____. The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable form signed by both the Commissioner of [Insert the name of the State Entity that provided the grant] and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. Generic GO Bond Proceeds 34 Ver – 10/26/20 Grant Agreement for Program End Grants (SIGNATURE BLOCK, ACKNOWLEDGMENTS, AND STATEMENT AS TO WHOM IT WAS DRAFTED BY.) _____________________________________, a _______________________________ [Public Entity], By: Title: Dated: _____________, 20___ By: Title: Dated: _____________, 20___ STATE OF MINNESOTA ) ) ss COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _______ day of_____________, 2026, by [name of first signatory], the [title of first signatory] and _[name of second signatory], the [title of second signatory], respectively, of the ______________________, a [insert name and description of the entity receiving the grant]. ____________________________ Notary Public Generic GO Bond Proceeds 35 Ver – 10/26/20 Grant Agreement for Program End Grants Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY Generic GO Bond Proceeds 36 Ver – 10/26/20 Grant Agreement for Program End Grants Attachment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY (For projects for which a Certification is being submitted, use the description and/or maps attached to the Certification submitted.) Generic GO Bond Proceeds 37 Ver – 10/26/20 Grant Agreement for Program End Grants Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source of Funds Amount Identify Items Amount State G.O. Funds Ownership Acquisition Program Grant $177,602.00 and Other Items Paid for with Program Grant Funds Other State Funds Purchase of Ownership $_________ _______________ $_________ Interest _______________ $_________ Other Items of a Capital _______________ $_________ Nature Subtotal Sanitary Sewer System $ _Improvement________ $177,602.00 Matching Funds ________________ $_________ _______________ $_________ Subtotal $_________ _______________ $_________ Subtotal $_________ Items Paid for with Non-Program Grant Funds Other Public Entity Funds Public Entity or Other $680,474.00 Public Entity Funds _______________ Subtotal Loans _______________ $_________ _______________ $_________ Subtotal $_________ Other Funds _______________ $_________ _______________ $_________ Subtotal $_________ - Prepaid Project Expenses _______________ $_________ _______________ $_________ Subtotal $_________ TOTAL FUNDS $858,076.00 TOTAL PROJECT COSTS $858,076.00 $state Funds680,474.00 Generic GO Bond Proceeds 38 Ver – 10/26/20 Grant Agreement for Program End Grants Attachment IV to Grant Agreement GRANT APPLICATION See attached grant application City Council Agenda Cover Memo Date: July 14, 2026 Section: Consent Calendar Item Number: VII.M. Department: Public Works/Utilities Division – Rick Wahlen, Utility Division Manager ITEM DESCRIPTION Approval of Professional Services Agreement with AE2S for Consulting Engineering Support of the Preparation of the City’s Water Resources Chapter of the 2050 Comprehensive Plan REQUESTED ACTION Move To: Approve Professional Services Agreement with AE2S for an amount not to exceed $98,670.00 for Support in Preparation of the 2050 Comprehensive Plan. SUMMARY AE2S has worked with the City on previous versions of the comprehensive plan and has supported the City with most of the water and wastewater infrastructure projects as well as optimization studies and system modelling. AE2S is the most qualiﬁed for this role given their total familiarity with the City’s water and wastewater systems in their entirety. The attached agreement provides for assistance in preparing and writing the water resources chapter of the 2050 comprehensive plan as well as completing the city’s master plan for water and wastewater utilities. Included in the preparation of the chapter is the review of all the City’s present and planned infrastructure improvements necessary to support planned growth and development consistent with the Metropolitan Council’s guidance. Funds for this project are included in the Water, Wastewater, and Stormwater enterprise funds. ATTACHMENTS Agreement (rev. 4/2026) Standard Agreement for Professional Services This Agreement for Professional Services (“Agreement”) is made on this _14th_ day of _July_, 20_26_, between the City of Eden Prairie, Minnesota, a municipal corporation (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Advanced Engineering and Environmental Services (AE2S)_, a North Dakota _Limited Liability Company_ (“Consultant”) whose business address is _6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369_. 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_Support with Preparation of the Water Resources Chapter of the City’s 2050 Comprehensive Plan and the Completion of the Water and Wastewater Utility Master Plan_ 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 ( Scope of Work ) 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 will not be in effect in any manner. 2. Term. The term of this Agreement will be from _July 14, 2026_through July 13, 2028_ 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 $ 98,670.00 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 will 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. Page 2 of 20 (rev. 4/2026) 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 actions, actions of a third party, or actions or inactions of City, the time for performance will 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 will 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 will give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and will 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 will 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. The City will appoint a representative with respect to the work to be performed under this Agreement. The City representative will 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 will submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted will 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 must 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 must Page 3 of 20 (rev. 4/2026) 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 must provide an itemized listing and such documentation as reasonably required by the City. Each invoice must 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. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant will 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 only 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 must 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 will 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 must 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 will 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 must put forth reasonable efforts to complete its duties in a timely manner. Consultant will 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. Consultant will 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 upon seven (7) days’ written notice delivered to the other party at the address written above. Upon termination, if there is no fault of the Consultant, the Consultant will be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Consultant has failed to perform in accordance Page 4 of 20 (rev. 4/2026) with this Agreement, no further payment will be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant may 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 must 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 must pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant must pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant will 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 deems necessary and appropriate for the performance of its obligations pursuant to this Agreement, who will be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) will have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein may be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant must 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 must 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, 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 Page 5 of 20 (rev. 4/2026) Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph. c. Consultant must 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 d. Commercial General Liability. The Commercial General Liability Policy must be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance must 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 may 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 must maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. 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. Page 6 of 20 (rev. 4/2026) g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, must name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, must apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies must 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, must be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, must insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy must 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 is Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies must 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 must 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 must be provided. Such documents evidencing Insurance must be in a form acceptable to City and must provide satisfactory evidence that Consultant has complied with all Page 7 of 20 (rev. 4/2026) insurance requirements. Renewal certificates must 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 will 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. 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) 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 Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity will 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. r. 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, Page 8 of 20 (rev. 4/2026) 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. ADA Title II Compliance for Digital Content. The following provisions apply only to the extent Consultant’s obligations under this Agreement require it to produce content that will be posted on the City’s website or digital apps. a. Compliance with Accessibility Laws. Consultant must ensure that all digital content, documents, materials, deliverables, and services produced under this Agreement that are intended for publication on, or integration with, the City’s public-facing website (collectively, “Digital Content”) comply with all applicable federal, state, and local accessibility laws and regulations, including, but not limited to, the Americans with Disabilities Act (ADA), Title II, and its implementing regulations (28 C.F.R. Part 35). b. Accessibility Standards. At a minimum, all Digital Content must conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent version adopted by the City or required by applicable law. This includes, but is not limited to, content such as documents, images, videos, audio, maps, and interactive features. c. Maps and Non-Accessible Content. To the extent Consultant produces map- based, GIS, or other inherently visual or technically constrained content that cannot be made fully accessible, Consultant must: i. notify the City in writing in advance; ii. provide a detailed explanation of the accessibility limitations; and iii. supply equivalent alternative formats, data, or descriptions sufficient to enable the City to provide meaningful access to individuals with disabilities in compliance with ADA Title II. Page 9 of 20 (rev. 4/2026) 15. Mediation. Each dispute, claim or controversy arising from or related to this Agreement is subject to mediation as a condition precedent to the initiation of any legal or equitable proceeding by either party. The mediator will be selected by mutual agreement of the parties, and the costs of mediation will be shared equally. Unless otherwise agreed in writing, mediation will be held in the City of Eden Prairie. Any resolution reached through mediation must be documented in a written mediated settlement agreement, which will be binding on the parties and enforceable in any court of competent jurisdiction. General Terms And Conditions 16. Assignment. Neither party may assign this Agreement, nor any interest arising under this Agreement, without the written consent of the other party. 17. Compliance with Laws and Regulations. In providing services under this Agreement, the Consultant must abide by statutes, ordinances, rules, and regulations pertaining to the services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the services will constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 18. Conflicts. No salaried officer or employee of the City and no member of the City Council may have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 19. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be considered an original. 20. Damages. In the event of a breach of this Agreement by either party, the non-breaching party will not be entitled to recover punitive, special, or consequential damages or damages for loss of business. 21. Enforcement. The Consultant will reimburse the City for all costs and expenses incurred by the City in enforcing any of its rights or remedies under this Agreement, whether during the term of this Agreement or thereafter, including, without limitation, reasonable attorneys’ fees. 22. Entire Agreement, Construction, Application, and Interpretation. This Agreement is entered into in furtherance of the City’s public purpose mission and must be construed, interpreted, and applied in accordance with that mission. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous oral or written agreements, negotiations, and understandings relating to its subject matter. Any amendment, modification, deletion, or waiver of any provision of this Agreement will be effective only if set forth in a written document signed by both parties, unless otherwise expressly provided herein. Page 10 of 20 (rev. 4/2026) 23. Governing Law. This Agreement will be governed by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, gender identity, or age. The Consultant must 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 must incorporate the foregoing requirements of this paragraph in all its subcontracts for Work under this Agreement, and must require all of its subcontractors for such work to incorporate such requirements in all sub-subcontracts for Work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A, 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 will be deemed effective on the earlier of the date of receipt or the date of mailing or deposit, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party will 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 specified above, 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 are 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 under this Agreement will be honored by the City. 28. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination will not affect the validity or enforceability of the remaining provisions of this Agreement. The parties intend that this Agreement be enforced to the fullest extent permitted under Minnesota law, and any invalid, illegal, or unenforceable provision be deemed modified to the minimum extent necessary to make it valid and enforceable, consistent with the parties’ original intent. 29. Statutory Provisions. Page 11 of 20 (rev. 4/2026) 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, must 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 Consultant 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 will comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement must 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 will not affect, in any respect, the validity of the remainder of this Agreement. Page 12 of 20 (rev. 4/2026) Executed as of the day and year first written above. CITY OF EDEN PRAIRIE ___________________________________ Mayor ___________________________________ City Manager CONSULTANT By: ________________________________ Its: _________________________________ Page 13 of 20 (rev. 4/2026) EXHIBIT A Quote/Proposal/Scope of Services July 6, 2026 City of Eden Prairie, MN Rick Wahlen Utility Operations Manager 8080 Mitchell Road Eden Prairie, MN 55344 RE: Letter Proposal for Comprehensive/Master Planning City of Eden Prairie – Scope and Fee Dear Mr. Wahlen, Advanced Engineering and Environmental Services, LLC (CONSULTANT) is pleased to offer this proposal for Professional Services (ASSIGNMENT) to the City of Eden Prairie, MN (City) for the Comprehensive and Master Planning documents. Specifically, the City desires the CONSULTANT update the Water Supply, Wastewater, and Surface Water elements of the Comprehensive Plan. CONSULTANT is prepared to perform the scope of services described based on our understanding of your goals and objectives. Scope of Services Project Understanding  The City of Eden Prairie is undertaking an update to its Comprehensive Plan in accordance with the Metropolitan Council's Imagine 2050 regional development framework and associated System Statement requirements. As part of this effort, the City desires to update the Water Supply, Wastewater, and Surface Water Utility elements of the Comprehensive Plan while evaluating long-term utility infrastructure needs, system resiliency, redevelopment impacts, and regulatory requirements affecting utility planning through the year 2050.  AE2S will provide planning, engineering, and technical support services necessary to prepare the Water, Wastewater, and Surface Water Utility elements of the 2050 Comprehensive Plan and supporting technical evaluations.  In addition, AE2S will develop Water and Wastewater System Master Plans, including current and future planning projections through 2050. These Master Plans will compile efforts from previous system planning into cohesive master plan documents for each of the water and sewer utilities, respectively.  This effort will follow the comprehensive planning element work.  Task 1 – Project Management and Coordination Page 14 of 20 (rev. 4/2026) AE2S will provide overall project management, coordination, scheduling, and quality control throughout the duration of the project. Project management activities will include development of a detailed project schedule, coordination with City staff and the City's planning consultant, management of project communications, and oversight of technical deliverables. AE2S will participate in project coordination meetings throughout the planning process to review findings, discuss planning assumptions, coordinate utility and land use planning efforts, and obtain direction from City staff regarding infrastructure and policy considerations. Deliverables • Project kickoff meeting • Project schedule • Ongoing project coordination meetings • Meeting summaries • Quality control review of deliverables It is anticipated the AE2S Project Manager will participate in four (4) planning meetings with the City’s overall Comprehensive Plan consultant throughout the process. Task 2 – Water Supply System Assessment, Planning, and Master Plan AE2S will complete an evaluation of the City's water supply system and necessary to prepare the Water Supply Chapter in support of the overall Comprehensive Plan update and future utility planning decisions by the City. The evaluation will include review of existing planning documents, utility infrastructure information, operational data, capital improvement plans, water use records, and available technical studies. The assessment will evaluate the City's ability to reliably provide water service through the year 2050 while maintaining regulatory compliance, operational resiliency, and long-term groundwater sustainability. In addition to the Comprehensive Plan Water Supply Chapter support, AE2S will prepare a Water System Master Plan incorporating current and future planning projections through 2050 as established with the City’s Comprehensive Plan update. The master plan will summarize existing conditions, planning assumptions, technical evaluations, future infrastructure needs, and implementation recommendations. The master plan will compile previous planning efforts into a single cohesive planning document including; Transmission and Distribution System Modeling, Water Supply and Storage Analysis Study, Water Treatment Plant Optimization Study, Capital Improvements Planning (CIP), and Rate Study Efforts. Page 15 of 20 (rev. 4/2026) Existing Conditions Assessment AE2S will review and summarize: • Existing Comprehensive Plan water utility documentation. • Existing DNR Water Supply Plan. • Water system infrastructure and operational data. • GIS mapping. • Water use trends. • Capital Improvement Program. • Existing hydraulic modeling information. • Previous planning and technical studies. The review will establish baseline system conditions and identify changes that have occurred since preparation of the previous Comprehensive Plan. Water Demand Forecasting AE2S will develop projected water demands through the year 2050 utilizing Metropolitan Council forecasts and future land use assumptions developed through the Comprehensive Planning process. Water demand projections will evaluate: • Population growth. • Employment growth. • Redevelopment opportunities. • Future development areas. • Conservation trends. • Alternative development scenarios. Demand projections will be developed to support both utility planning and Metropolitan Council requirements. AE2S will evaluate the City's water supply infrastructure and ability to meet future demands under both normal and emergency operating conditions. The assessment will include evaluation of: • Existing water supply capacity. • Firm capacity requirements. • Peak day demands. • Operational redundancy. • Future infrastructure needs. • Emergency supply reliability. The assessment will provide a clear understanding of the City's ability to reliably meet projected water demands through the planning horizon. Page 16 of 20 (rev. 4/2026) Water System Hydraulic Review AE2S will review and update, if needed, the existing water distribution system hydraulic model to reflect current system conditions and available GIS information. The hydraulic review will include any refinement of: • Water mains. • Pressure zones. • Storage facilities. • Pump stations. • Well facilities. • Operational controls. The updated information and model will be utilized to evaluate future system performance and identify potential infrastructure improvements needed to support future growth through 2050. Emergency Interconnection and System Resiliency Evaluation AE2S will review the recent emergency interconnections and opportunities study to improve regional water system resiliency. The documentation review will include a summary of the following: • Existing interconnections. • Operational limitations. • Potential future interconnection opportunities. • Emergency supply capabilities. • System redundancy. Deliverables • Draft and Final Water Master Plan Task 3 – Wastewater System Assessment, Planning, and Master Plan AE2S will evaluate the City's wastewater collection system and prepare planning documents necessary to support future utility planning and Metropolitan Council requirements for the Wastewater Chapter in support of the overall Comprehensive Plan update being prepared by the City. The assessment will include a review of existing planning documents, hydraulic models, GIS mapping, flow data, and infrastructure information. In addition to the Comprehensive Plan Wastewater Chapter support, AE2S will prepare a Wastewater System Master Plan incorporating current and future planning projections through 2050 as established with the City’s comprehensive planning update. Page 17 of 20 (rev. 4/2026) The master plan will summarize existing conditions, planning assumptions, technical evaluations, future infrastructure needs, and implementation recommendations. The master plan will compile previous modeling, capital planning, and rate study efforts into a single cohesive planning document. Existing Conditions Assessment AE2S will review: • Existing Comprehensive Plan documentation. • Existing Local Sewer Plan. • GIS mapping. • Flow monitoring data. • MCES information. • Capital Improvement Program. • Previous technical studies. Wastewater Flow Forecasting Future wastewater flow projections will be developed utilizing Metropolitan Council forecasts and future land use assumptions. Flow projections will consider: • Population growth. • Employment growth. • Redevelopment opportunities. • Future service area changes. Wastewater Capacity Assessment AE2S will evaluate the City's wastewater collection system to determine its ability to accommodate projected growth through the year 2050. The assessment will identify: • Existing capacity constraints. • Future capacity concerns. • Critical trunk sewer facilities. • Future infrastructure needs. • Long-term planning considerations. Inflow and Infiltration Planning AE2S will review available inflow and infiltration information and evaluate current system performance. The assessment will include: • Review of existing monitoring efforts. • Evaluation of known problem areas. • Identification of strategic future monitoring locations. Page 18 of 20 (rev. 4/2026) • Recommendations for future monitoring and investigation efforts. Because the City currently experiences limited surcharging and has ongoing monitoring activities, the effort will focus on strategic planning and prioritization rather than a comprehensive systemwide I/I study. Deliverables • Draft and Final Wastewater Master Plan Task 4 – Surface Water Assessment and Planning [Coordinating with E.P. staff on Surface Water scope of work, will update section accordingly] The recently completed Local Water Management Plan provided analysis of the existing system conditions. The information from this study will be compiled along with the required plan elements as outlined in the Metropolitan Local Planning Handbook and in accordance with the Metropolitan Council's Imagine 2050 regional development framework and associated System Statement requirement. Localized flooding and system capacities will be reviewed, and modifications suggested, if needed. AE2S will review and identify the following items for inclusion into the Comprehensive Plan Surface Water chapter: • Highlights of the local water plan. • Water resource management-related agreements. • Existing and proposed physical land use. • Local implementation plan and Capital Improvement Plan. AE2S will utilize the Local Water Management Plan and recent studies completed by the City to develop the Water Resources chapter. Detailed hydrologic & hydraulic or water quality modeling for water resources features is not included within the current scope of work. Task 5 – DNR Water Supply Plan Support AE2S will provide assistance to the City in their preparation of an updated Water Supply Plan consistent with Minnesota Department of Natural Resources requirements and Metropolitan Council planning guidance. Task 6 – Comprehensive Planning Documentation and Implementation Program AE2S will prepare draft and final Comprehensive Plan documentation for incorporation into the City's 2050 Comprehensive Plan and separate Master Plans for the Water, Wastewater and Surface Water systems. The documentation will summarize existing conditions, planning assumptions, technical evaluations, future infrastructure needs, and implementation recommendations. Page 19 of 20 (rev. 4/2026) AE2S will also prepare implementation tables identifying recommended projects, planning activities, and implementation priorities through the planning horizon. Deliverables • Draft and Final Water Supply Chapter • Draft and Final Wastewater Chapter • Draft and Final Surface Water Chapter • Metropolitan Council Review Support Additional Services Services resulting from significant changes in the general scope, extent, or character of the ASSIGNMENT are not included as part of the general Scope of Services. If authorized in writing by the City, CONSULTANT will provide services beyond the scope of this proposal on a negotiated basis. City’s Responsibilities City shall do the following in a timely manner, so as not to delay the services of CONSULTANT: 1. Designate a person to act as City’s representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, and interpret and define City’s policies and decisions with respect to services for the ASSIGNMENT. 2. Provide all criteria and full information as to City’s requirements for the ASSIGNMENT. City shall bear all costs incident to compliance with its responsibilities pursuant to this section. Fees CONSULTANT shall render services under this Agreement on a time and expense basis, not to exceed $98,670.00 unless authorized to do so as a result of change in scope. Task Description Fee 1 2 3 4 5 6 Total $ 98,670 Schedule CONSULTANT shall use commercially reasonable efforts to complete Basic Services within a reasonable time period. CONSULTANT is available to begin work on this project immediately upon acceptance of this proposal by the City of Eden Prairie. The project is Page 20 of 20 (rev. 4/2026) proposed to be completed in accordance with the following primary milestones based upon City planning requirements: • Kickoff Meeting July 2026 • Draft Comprehensive Plan Chapters Mid-August 2026 • Draft Master Plans (Water & Sewer) November 2026 • Final Master Plans (Water & Sewer) December 2026 Thank you for considering us for this opportunity and we look forward to working with you. Sincerely, Jon Eaton AE2S City Council Agenda Cover Memo Date: July 14, 2026 Section: Consent Calendar Item Number: VII.N. Department: Public Works/Engineering – Adam Gadbois, Assistant City Engineer ITEM DESCRIPTION Award Construction Contract to Concrete Idea, Inc., for the Town Center Water Tower Trail (I.C. 22830). REQUESTED ACTION Move to: Award construction contract for the Town Center Water Tower Trail to Concrete Idea, Inc., in the amount of $73,556.50. SUMMARY The City of Eden Prairie requested quotes from four contractors for the Town Center Water Tower Trail project and received three responses as tabulated below. The quote package included a base quote for a bituminous access trail and an alternate quote for a concrete access trail. BKJ Excavating Staﬀ recommends awarding the contract to Concrete Idea, Inc., for the base quote and alternate in the amount of $73,556.50. The project includes reconstruction of the existing access to Town Center water tower plaza area that can be used for future maintenance of the tower and for pedestrian access from Singletree Lane to Town Center Station. The project will be primarily funded using the Water Fund with the potential for additional funding using TIF funds. Construction is anticipated to be complete in the fall of 2026. ATTACHMENT Construction Contract Agreement (rev. 4/2026) Construction Contract Agreement This Construction Contract Agreement (“Agreement”) is made and executed this 14th day of July, 2026, by and between the City of Eden Prairie, a Minnesota municipal corporation (“City”), and Concrete Idea, Inc., a Minnesota corporation (“Contractor”). WITNESSETH: City and Contractor, for the consideration hereinafter stated, agrees as follows: 1. Contractor hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the City for: I.C. 22830 Town Center Water Tower Trail Contractor further agrees to do everything required by this Agreement and the Contract Documents. 2. City agrees to pay and Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted Contractor’s proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $73,556.50. 3. Payments to Contractor by City shall be made as provided in the Contract Documents. 4. The Contract Documents consist of the following component parts: a. Legal and Procedural Documents (1) Advertisement for Bids (2) Instruction to Bidders (3) Accepted Proposal Form (4) This Construction Contract Agreement (5) Contractor’s Performance Bond (6) Contractor’s Payment Bond (7) Responsible Contractor Verification Form b. Special Conditions c. Detail Specifications d. General Conditions e. Plans f. Addenda, Supplemental Agreements, and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. 5. Contractor agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. IN WITNESS WHEREOF, the parties to this Agreement executed this Agreement as of the date first above written. CITY OF EDEN PRAIRIE By: __________________________________ Its: Mayor By: __________________________________ Its: City Manager CONTRACTOR By: ___________________________________ Its: ___________________________________ City Council Agenda Cover Memo Date: July 14, 2026 Section: Public Hearings Item Number: VIII.A. Department: Community Development/ Planning Julie Klima/ Jeremy Barnhart ITEM DESCRIPTION The applicant proposes developing the 32 acre Marshall Farm property at 9905 Dell Road into 50 single family residential lots including an extension of Crestwood Terrace, utilities, and 5 outlots. One of the outlots is approximately 13.18 acres and is located in the south half of the property. This outlot will be deeded to the City for natural resource preservation. REQUESTED ACTION Move to: •Close the Public Hearing; and •Approve Comprehensive Plan Amendment from Medium Density Residential to Low Density Residential on 8.69 acres; and •Approve a Planned Unit Development Concept Plan Review on 32.13 acres; and •Approve a Planned Unit Development District Review with Waivers on 32.13 acres; and •Approve Zoning District Change from Rural to R1-9.5 on 17.84 acres, and from Rural to Parks and Open Space on 14.29 acres; and •Approve Preliminary Plat of 32.13 acres into 50 lots and 5 outlots; and •Authorize the issuance of an early Land Alteration Permit for Marshall Farms at the request of the Developer subject to the conditions outlined in the permit. •Direct staﬀ to prepare a Development Agreement incorporating Staﬀ and Commission recommendations and Council conditions. SUMMARY The City previously approved a development project for this property on May 6, 2025. The previous development project proposed the construction of 100 condominium units and 15 single family lots. The developer associated with that project has decided to not move forward with the development. All of the previous approvals associated with that project, with the exception of the Comprehensive Plan Amendment have expired. The Comprehensive Plan Amendment reguided a portion of the property for Medium Density Residential development for the proposed condominium units and another portion for Parks/Open Space to preserve the southern area of the property. The current proposal is depicted below and includes 50 single family detached lots and 5 outlots. Comprehensive Plan and Zoning The comprehensive plan currently guides the property for several land uses. The southern third of the property is guided parks and open space, the middle third is guided medium density residential, and the northern third is guided low density residential. The developer proposes to change the middle third to low density residential, as illustrated in the graphic below. The proposed zoning district change will establish the northern two thirds of the site as R1-9.5, from the current Rural zoning. The southern third will be zoned Parks and Open space. Traﬃc A traﬃc study was prepared. The proposed 50-unit single-family subdivision is anticipated to generate 457 daily trips (35 a.m. peak and 47 p.m. peak), which is approximately half of the traﬃc of the previously approved plan. The previously approved development was estimated to generate 892 daily trips (67 a.m. peak and 81 p.m. peak). Traﬃc distribution assumptions indicate that approximately 40% of site traﬃc is expected to travel northbound on Dell Road toward Pioneer Trail, 20% northbound on Canopy Trail towards Dell Road and Pioneer Trail, 15% northbound on Crestwood Terrace toward Pioneer Trail, and 25% southbound on Dell Road toward County Highway 61. All intersections within the study area are expected to continue operating at an eﬃcient Level of Service with no signiﬁcant operational issues anticipated as a result of the proposed development. Planned Unit Development (PUD) 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 City must make a ﬁnding that the proposed development is not in conﬂict with the Guide Plan goals, that the design is desirable and uniform within the PUD boundary area, that waivers from City Code standards requirements are justiﬁed by the design of the PUD area, and the PUD area is a complete and feasible design plan. To support the design vision for the site and to create a uniform development area, the applicant is requesting the following waivers: Figure 2: Existing Land Use Figure 1: Proposed Land Use Lot Width and Area. City Code provides a minimum lot area of 9,500 square feet in the R1-9.5 zoning district. The lots range in size between 8,009 and 17,651 sq ft, with an average of 10,750 square feet. Of the 50 lots proposed, 24 lots do not meet the minimum area of 9,500 sq ft. and 25 of the 50 lots do not meet the minimum width requirement of 70 feet. All lots range in width between 49 and 215 feet, with an average of 75 feet. The table lists the proposed lots requesting lot area and lot width waivers. These waivers can be supported in part because the developer will be deeding the bluﬀ area to the City for permanent open space. Front yard setback. The developer is requesting that front yard setback throughout the development be reduced from 30 feet to 25 feet. This is beneﬁcial as it pulls the homes away from the bluﬀ line to the south and the north property line, increasing the separation from the properties to the north and the sensitive bluﬀ area. Accessory Garage. City Code establishes the maximum area of accessory structures at 7.5% of the lot area. Accessory structures include sheds, attached and detached garages, pools. With this limitation, some of the smaller lots would not support a three stall garage. The developer proposes a maximum of 9% of the lot area for accessory garage for those lots less than 11,000 sq ft. in size. This is a reasonable adjustment for some of the smaller lots and the storage and amenities expected in the neighborhood. Additionally, the developer reduced the size of some of the lots smaller to protect the bluﬀ area. Screening/Sight lines The tree replacement plan includes a number of trees along the north and west property lines. These trees will provide some landscaping between the proposed homes and the existing neighborhoods. The tree replacement plan reﬂects an increase of trees over what was proposed during the neighborhood meeting, which was held on May 12th and exceeds the minimum requirements of City Code. There is no landscaping requirement for single family projects. Entrance Sign The development proposes an entrance sign, located near the entrance oﬀ of Dell Rd. This sign will be located on one of the lots and will be required to comply with signage requirements through the sign permit process. Early Land Alteration The developers have requested authorization for early land alteration and demolition permits, to allow the project to begin at their risk prior to the 2nd reading. The developers have agreed to allow Heritage Preservation personnel to document the existing farm structures prior to demolition. Public Comments Prior to the Planning Commission meeting, a group of 8 residents sent in a comment letter outlining their primary concerns with visual impact of the development and the impact to their property values. Home value. The City Assessor has noted that the home value of ‘for sale’ homes is inﬂuenced by a number of factors; including time of year, condition of the property, motivation of the seller, etc., and there is no evidence that a single family residential development proposal has a direct negative inﬂuence on the home values of adjacent lots in Eden Prairie. The developer stated that the villa homes in the development will start in the $900,000 range, which is generally higher than the adjacent homes. Visual impact. This project includes 6 new single family homes that directly abut an existing single family home. These homes are villa homes, designed to be narrower and no more than 2 stories in height, reducing the massing impact. These smaller lots will minimize the size of the home, and the conforming side yard setbacks will retain open views to the south. The tree replacement plan shows some additional landscape screening along the north property line to mitigate some of the visual impact. The table below illustrates the distance between the proposed homes and the existing adjacent lots. In the neighborhood to the north, existing back to back separations range between 73 feet and more than 117 feet. Review Period. The 120 day project review period ends on September 21, 2026. Planning Commission Comment and Recommendation The Planning Commission at its meeting on June 8th recommended approval on an 8-0 vote. Commission members recognized the changes coming to the neighborhood and commented on appropriateness of the single family development and the reduction in traﬃc from the earlier project. Commissioners commented that it is not typical to screen like to like uses. ATTACHMENTS Resolution for Comprehensive Plan Amendment Resolution for Planned Unit Development Concept Plan Ordinance for a Planned Unit Development District Review with Waivers and Zoning District Change Resolution for Preliminary Plat Resolution for Findings of Fact in Support of Park Dedication Fees Planning Commission Staﬀ Report Approved Minutes from June 8, 2026 Planning Commission meeting Public Comment Letter City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan (“Plan”); and WHEREAS, the Plan has been approved by the Metropolitan Council and was placed into eﬀect on October 1, 2019; and WHEREAS, the proposal of Marshall Farms, by Marshall Farms, LLC is for a Comprehensive Guide Plan Change from Medium Density Residential to Low Density Residential on 8.69 acres, as legally described on Exhibit A; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans stamped dated July 6, 2026 and the staﬀ report dated July 14, 2026 and subject to Metropolitan Council approval. ADOPTED by the City Council of the City of Eden Prairie this ____________________________. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk EXHIBIT A COMPREHENSIVE PLAN AMENDMENT Legal Description Prior to Final Plat: Area to be guided Low Density Residential That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section Thirty (30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th Principal Meridian, lying north of the following described line: Commencing at the Northeast Corner of the Southeast Quarter of Section 30, Township 116, Range 22; thence on an assumed bearing of South 00 degrees 19 minutes 39 seconds East, along the East line of the said Southeast Quarter a distance of 215.77 feet to the point of beginning; thence South 63 degrees 46 minutes 04 seconds West 76.25 feet; thence South 26 degrees 28 minutes 48 seconds West 67.52 feet; thence North 67 degrees 35 minutes 15 seconds West 47.29 feet; thence South 69 degrees 08 minutes 38 seconds West 73.12 feet; thence South 17 degrees 00 minutes 19 seconds West 88.25 feet; thence South 27 degrees 47 minutes 25 seconds West 81.66 feet; thence South 48 degrees 12 minutes 07 seconds West 56.08 feet; thence North 79 degrees 32 minutes 31seconds West 67.96 feet; thence South 78 degrees 36 minutes 27 seconds West 170.61 feet; thence South 74 degrees 49 minutes 16 seconds West 75.25 feet; thence South 74 degrees 59 minutes 42 seconds West 75.27 feet; thence South 60 degrees 59 minutes 34 seconds West 75.97 feet; thence South 65 degrees 56 minutes 46 seconds West 72.03 feet; thence South 30 degrees 29 minutes 57 seconds West 76.51 feet; thence South 44 degrees 05 minutes 50 seconds West 76.23 feet; thence South 73 degrees 27 minutes 00 seconds West 177.15 feet; thence North 65 degrees 42 minutes 27 seconds West 79.64 feet; thence North 25 degrees 53 minutes 09 seconds West 111.40 feet; thence North 24 degrees 26 minutes 23 seconds West 97.13 feet; thence South 79 degrees 13 minutes 27 seconds West 46.23 feet to the westerly line of said described property and there terminating. EXHIBIT B City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF MARSHALL FARMS FOR MARSHALL FARMS, 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 June 8, 2026, on the Marshall Farms development at 9905 Dell Road by Marshall Farms, 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 July 14, 2026 NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Marshall Farms, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated July 6, 2026. 3. That the PUD Concept meets the recommendations of the Planning Commission dated June 8, 2026. ADOPTED by the City Council of the City of Eden Prairie this ____________________________. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk EXHIBIT A PUD Concept Legal Description: The Northeast Quarter of the Southeast Quarter (NE 1/4 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 Range Twenty-two (22), lying south and west of Dell Road as the same is now laid out, Hennepin County, Minnesota. Abstract Property City of Eden Prairie Hennepin County, Minnesota Ordinance No. __–2026 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and 17.84 acres be placed in the R1-9.5 Zoning District and 14.29 acres in the Parks and Open Space Zoning District. Section 3. That action was duly initiated proposing that the designation of the land be amended within the R1-9.5 as -2026-PUD-_-2026 (hereinafter "PUD-_-2026”). Section 4. The City Council hereby makes the following ﬁndings: A. PUD-_-2026 is not in conﬂict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2026 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-_-2026 are justiﬁed by the design of the development described therein. D. PUD-_-2026 is of suﬃcient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and placed in the R-1-9.5 and Parks and Open Space Zoning Districts respectively as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2026 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between (Marshall Farms, LLC, DEVELOPER), and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2026, and are hereby made a part hereof. Section 7. City Code Chapter 1 entitled “General Provisions and Deﬁnitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 8. This Ordinance shall become eﬀective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14th of July, 2026, 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 _____________________. ATTEST: David Teigland, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the _______________, 2026. EXHIBIT A Legal Description: Before Platting PARCEL A - R1-9.5 That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section Thirty (30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th Principal Meridian, lying north of the following described line: Commencing at the Northeast Corner of the Southeast Quarter of Section 30, Township 116, Range 22; thence on an assumed bearing of South 00 degrees 19 minutes 39 seconds East, along the East line of the said Southeast Quarter a distance of 215.77 feet to the point of beginning; thence South 63 degrees 46 minutes 04 seconds West 76.25 feet; thence South 26 degrees 28 minutes 48 seconds West 67.52 feet; thence North 67 degrees 35 minutes 15 seconds West 47.29 feet; thence South 69 degrees 08 minutes 38 seconds West 73.12 feet; thence South 17 degrees 00 minutes 19 seconds West 88.25 feet; thence South 27 degrees 47 minutes 25 seconds West 81.66 feet; thence South 48 degrees 12 minutes 07 seconds West 56.08 feet; thence North 79 degrees 32 minutes 31seconds West 67.96 feet; thence South 78 degrees 36 minutes 27 seconds West 170.61 feet; thence South 74 degrees 49 minutes 16 seconds West 75.25 feet; thence South 74 degrees 59 minutes 42 seconds West 75.27 feet; thence South 60 degrees 59 minutes 34 seconds West 75.97 feet; thence South 65 degrees 56 minutes 46 seconds West 72.03 feet; thence South 30 degrees 29 minutes 57 seconds West 76.51 feet; thence South 44 degrees 05 minutes 50 seconds West 76.23 feet; thence South 73 degrees 27 minutes 00 seconds West 177.15 feet; thence North 65 degrees 42 minutes 27 seconds West 79.64 feet; thence North 25 degrees 53 minutes 09 seconds West 111.40 feet; thence North 24 degrees 26 minutes 23 seconds West 97.13 feet; thence South 79 degrees 13 minutes 27 seconds West 46.23 feet to the westerly line of said described property and there terminating. Except That portion lying south and west of Dell Road as now laid out, Hennepin County. Containing 776,930 sq. ft (17.84 acres) PARCEL B - Parks and Open Space That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section Thirty (30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th Principal Meridian, lying south of the following described line: Commencing at the Northeast Corner of the Southeast Quarter of Section 30, Township 116, Range 22; thence on an assumed bearing of South 00 degrees 19 minutes 39 seconds East, along the East line of the said Southeast Quarter a distance of 215.77 feet to the point of beginning; thence South 63 degrees 46 minutes 04 seconds West 76.25 feet; thence South 26 degrees 28 minutes 48 seconds West 67.52 feet; thence North 67 degrees 35 minutes 15 seconds West 47.29 feet; thence South 69 degrees 08 minutes 38 seconds West 73.12 feet; thence South 17 degrees 00 minutes 19 seconds West 88.25 feet; thence South 27 degrees 47 minutes 25 seconds West 81.66 feet; thence South 48 degrees 12 minutes 07 seconds West 56.08 feet; thence North 79 degrees 32 minutes 31seconds West 67.96 feet; thence South 78 degrees 36 minutes 27 seconds West 170.61 feet; thence South 74 degrees 49 minutes 16 seconds West 75.25 feet; thence South 74 degrees 59 minutes 42 seconds West 75.27 feet; thence South 60 degrees 59 minutes 34 seconds West 75.97 feet; thence South 65 degrees 56 minutes 46 seconds West 72.03 feet; thence South 30 degrees 29 minutes 57 seconds West 76.51 feet; thence South 44 degrees 05 minutes 50 seconds West 76.23 feet; thence South 73 degrees 27 minutes 00 seconds West 177.15 feet; thence North 65 degrees 42 minutes 27 seconds West 79.64 feet; thence North 25 degrees 53 minutes 09 seconds West 111.40 feet; thence North 24 degrees 26 minutes 23 seconds West 97.13 feet; thence South 79 degrees 13 minutes 27 seconds West 46.23 feet to the westerly line of said described property and there terminating. Except 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, And except that portion lying south and west of Dell Road as now laid out, Hennepin County. Containing 622,863 sq. ft (14.29 acres) After Platting To Be Added City of Eden Prairie Hennepin County, Minnesota Summary of Ordinance No. __–2026 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance changes the zoning of the Marshall Farms property at 9905 Dell Road from Rural to R1-9.5 and Parks and Open space. It also establishes the PUD zoning for the 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 the _________________, 2026. (A full copy of the text of this Ordinance is available from City Clerk). City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION APPROVING THE PRELIMINARY PLAT OF MARSHALL FARMS FOR MARSHALL FARMS, LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the parcel legally described in Exhibit A attached, named Marshall Farms for Marshall Farms, LLC stamp dated July 6, 2026, and consisting of 32.11 acres into 50 lots and 5 outlots, a copy of which is on ﬁle at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers, the 2nd Reading of a Zoning District change and approval of the Development Agreement. NOW, THEREFORE, BE IT RESOLVED ________________________________________________. ADOPTED by the City Council of the City of Eden Prairie this 14th day of July, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk EXHIBIT A Preliminary Plat Legal Description: Before Platting PARCEL A - R1-9.5 That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section Thirty (30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th Principal Meridian, lying north of the following described line: Commencing at the Northeast Corner of the Southeast Quarter of Section 30, Township 116, Range 22; thence on an assumed bearing of South 00 degrees 19 minutes 39 seconds East, along the East line of the said Southeast Quarter a distance of 215.77 feet to the point of beginning; thence South 63 degrees 46 minutes 04 seconds West 76.25 feet; thence South 26 degrees 28 minutes 48 seconds West 67.52 feet; thence North 67 degrees 35 minutes 15 seconds West 47.29 feet; thence South 69 degrees 08 minutes 38 seconds West 73.12 feet; thence South 17 degrees 00 minutes 19 seconds West 88.25 feet; thence South 27 degrees 47 minutes 25 seconds West 81.66 feet; thence South 48 degrees 12 minutes 07 seconds West 56.08 feet; thence North 79 degrees 32 minutes 31seconds West 67.96 feet; thence South 78 degrees 36 minutes 27 seconds West 170.61 feet; thence South 74 degrees 49 minutes 16 seconds West 75.25 feet; thence South 74 degrees 59 minutes 42 seconds West 75.27 feet; thence South 60 degrees 59 minutes 34 seconds West 75.97 feet; thence South 65 degrees 56 minutes 46 seconds West 72.03 feet; thence South 30 degrees 29 minutes 57 seconds West 76.51 feet; thence South 44 degrees 05 minutes 50 seconds West 76.23 feet; thence South 73 degrees 27 minutes 00 seconds West 177.15 feet; thence North 65 degrees 42 minutes 27 seconds West 79.64 feet; thence North 25 degrees 53 minutes 09 seconds West 111.40 feet; thence North 24 degrees 26 minutes 23 seconds West 97.13 feet; thence South 79 degrees 13 minutes 27 seconds West 46.23 feet to the westerly line of said described property and there terminating. Except That portion lying south and west of Dell Road as now laid out, Hennepin County. Containing 776,930 sq. ft (17.84 acres) PARCEL B - Parks and Open Space That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section Thirty (30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th Principal Meridian, lying south of the following described line: Commencing at the Northeast Corner of the Southeast Quarter of Section 30, Township 116, Range 22; thence on an assumed bearing of South 00 degrees 19 minutes 39 seconds East, along the East line of the said Southeast Quarter a distance of 215.77 feet to the point of beginning; thence South 63 degrees 46 minutes 04 seconds West 76.25 feet; thence South 26 degrees 28 minutes 48 seconds West 67.52 feet; thence North 67 degrees 35 minutes 15 seconds West 47.29 feet; thence South 69 degrees 08 minutes 38 seconds West 73.12 feet; thence South 17 degrees 00 minutes 19 seconds West 88.25 feet; thence South 27 degrees 47 minutes 25 seconds West 81.66 feet; thence South 48 degrees 12 minutes 07 seconds West 56.08 feet; thence North 79 degrees 32 minutes 31seconds West 67.96 feet; thence South 78 degrees 36 minutes 27 seconds West 170.61 feet; thence South 74 degrees 49 minutes 16 seconds West 75.25 feet; thence South 74 degrees 59 minutes 42 seconds West 75.27 feet; thence South 60 degrees 59 minutes 34 seconds West 75.97 feet; thence South 65 degrees 56 minutes 46 seconds West 72.03 feet; thence South 30 degrees 29 minutes 57 seconds West 76.51 feet; thence South 44 degrees 05 minutes 50 seconds West 76.23 feet; thence South 73 degrees 27 minutes 00 seconds West 177.15 feet; thence North 65 degrees 42 minutes 27 seconds West 79.64 feet; thence North 25 degrees 53 minutes 09 seconds West 111.40 feet; thence North 24 degrees 26 minutes 23 seconds West 97.13 feet; thence South 79 degrees 13 minutes 27 seconds West 46.23 feet to the westerly line of said described property and there terminating. Except 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, And except that portion lying south and west of Dell Road as now laid out, Hennepin County. Containing 622,863 sq. ft (14.29 acres) After Platting To be added. Prairie Bluﬀ Commons City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION APPROVING PARK DEDICATION FEES FOR MARSHALL FARMS FOR MARSHALL FARMS, LLC WHEREAS/BE IT RESOLVED, the Marshall Farms project includes a subdivision of property resulting in 50 single family home sites (the “Project”); and WHEREAS/BE IT RESOLVED, City Code Chapter 12, Section 12.40 Subd. 1 requires an owner of land being subdivided to dedicate to the public for public use as parks, playgrounds or public open space a reasonable portion of the land up to 10% thereof; and WHEREAS/BE IT RESOLVED, in lieu of dedicating land, City Code Chapter 12, Section 12.40 Subd. 2; gives the City the option to require the developer to contribute an equivalent amount in cash in lieu of all or a portion of the land which the City may require such owner to dedicate in accordance with the schedule to be set by resolution of the Council; WHEREAS/BE IT RESOLVED, the payment of cash park fees in lieu of land dedication is appropriate given the nature of the use on the property; and WHEREAS/BE IT RESOLVED, the City’s current fee ordinance at the time of building permit issuance sets the cash park fee per residential unit, which is calculated in accordance with Minn. Stat. § 462.358, subd. 2b(c); WHEREAS/BE IT RESOLVED, the City Council held a public hearing at its July 14, 2026 meeting; NOW, THEREFORE, BE IT RESOLVED that the following ﬁndings are hereby adopted in support of the imposition of a cash park fee in lieu of land dedication as a condition of subdivision approval for the Marshall Farms project. 1. The Project does not include available land that is suitable for parkland. 2. The Project includes the construction of 50 single-family units. Development and occupancy of the units is expected to have an impact on the City’s parks and trail system. 3. The Project is adjacent to Crestwood Park and the Riley Creek Conservation Area, increasing the likelihood that residents of the Project will use the City’s trails, parks, and open spaces. 4. The development has sidewalks that connect to the broader public trail and sidewalk system. The City improves and maintains the public pedestrian and bicycle facilities for all residents to enjoy. 5. There is an essential nexus between requiring the cash park fees for the Project and the City’s goal of providing a high-quality park system for all individuals who live or work in the City, including residents of the Project. 6. The need for parkland created by the Project is roughly proportional to the cash park fee amount required by the City’s fee ordinance. The cash park fees will be used for future anticipated park acquisition and improvement projects in the City, pedestrian and bicycle facility improvements, and other projects to improve City park and recreational facilities that are likely to be used by residents of the Project. ADOPTED by the City Council of the City of Eden Prairie this 14th day of July, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk Planning Commission Staff Report Date: Location: Subject: From: Applicant: Review period expires: September 17, 2026 ITEM DESCRIPTION The applicant proposes developing the 32 acre Marshall Farm property at 9905 Dell Road into 50 single family residential lots, along with associated improvements necessary to support that use, including street extensions, utility extensions, and stormwater management. The proposal includes deeding approximately 13.18 acres in the south half of the property to the City for natural resource preservation. REQUESTED ACTIONS • Comprehensive Plan Amendment from Medium Density Residential to Low Density Residential on 8.69 acres • Planned Unit Development Concept Plan Review on 32.13 acres • Planned Unit Development District Review with Waivers on 32.13 acres • Zoning District Change from Rural to R1-9.5 on 13.58 acres, and from Rural to Parks and Open Space on 13.18 acres • Preliminary Plat of 32.11 acres into 50 lots and 5 outlots PROJECT DESCRIPTION/ BACKGROUND The property is located at 9905 Dell Road, and has recently been used as an agricultural farm, and includes several farm related structures and a farmhouse. The north half of the parcel is farm field, and the southern half, south of a natural bluff line, is characterized by steep slopes, and natural vegetation. The application is for approvals necessary to develop the 32 acre parcel into 50 single family lots, 5 outlots, and street right of way. Internal public streets will extend Crestwood Terrace from Dell Road to Canopy Trail in the northeast corner of the site. Outlot E will be deeded to the City, and a portion of this will be used for the Dell Road reconstruction project. The remainder will be preserved as a natural resource; trails are planned for the future. Staff Report – Marshall Farms June 8, 2026 Page 2 COMPREHENSIVE PLAN AMENDMENT AND ZONING The application proposes reguiding 8.69 acres of Medium Density Residential to Low Density Residential. The Medium Density Residential was a product of the Marshall Gardens project approved in 2024, which development approvals have since expired. The result of this amendment will establish the entire buildable area of the property north of the creek as Low Density Residential; everything south of the bluff line remains Parks & Open Space, preserving this area for natural preservation. The guide plan change, removing the Medium Density Residential, supports single family homes, which is the prominent land use in the area. The applicant’s narrative notes that the proposed land use change reflects the city’s historical goal for the property and is compatible with the surrounding land uses. The change in land use reduces density in the area and will not negatively impact any city services or transportation systems. The gross density for the 32-acre property is 1.55 units per acre. Within the buildable area, it is 3.68 units per acre. Both of these densities are within the guided density range of low density residential. The proposed Comprehensive Plan Amendment was distributed to 8 adjacent agencies, with comments requested by June 10, 2026. To date, the City has not received any comments for or against the proposal, just those stating there is no impact. The applications propose zoning of the developable area as R1-9.5 and south of the bluff line to Parks and Open Space. These zoning districts are consistent with the existing and proposed Comprehensive Land Use Plan. PRELIMINARY PLAT The preliminary plat includes 50 single family lots and 5 outlots, 4 of which will house stormwater management features. The fifth outlot, Outlot E, will be deeded to the City and will be preserved as open space. Figure 1: Existing Land Use Figure 2: Proposed Land Use Staff Report – Marshall Farms June 8, 2026 Page 3 Two housing typologies are proposed. Smaller ‘villa’ type homes are located along the north property line, and within the central block, while larger, more typical single family homes are located on the west and south sides of Canopy Trail. The lots range in size between 8,107 and 16,544 (Villas) and 9,056-17,651 (typical) lots. The preliminary plat provides adequate easements at the lot perimeters and were necessary to accommodate utilities and stormwater management. The villas proposed will be slab on grade, and many intended to feature single level living. The villas will be around 2,200 sq ft. The larger homes will range between 4-5,000 sq ft above grade Staff Report – Marshall Farms June 8, 2026 Page 4 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 waivers from the lot width, lot area, and accessory structure maximum. Lot Area. 24 of the 50 lots do not meet the minimum standard of 9,500 sq ft. The average lot area is 10,720 sq ft, exceeding the minimum, but some of the lots do not meet this requirement due to the characteristics of the property, stormwater, utilities, and street alignments. Lot Width. 25 of the 50 lots do not meet the lot width requirements of 70 feet. (Those lots that are in a cul de sac must be 55 feet wide; corner lots must be 90 feet wide.) The lot area and lot width waivers can be supported because nearly half of the property is deeded to the City for the preservation of the bluff area, and the additional units allow for the offset of expenses. Front Yard Setback. The plat proposes a front yard setback of 25 feet, from the requirement of 30 feet. The reduces front yard setback pulls the buildings closer to the front lot lines, away from the rear lot lines, establishing more distance from the residential units to the north, and from the bluff line to the south. Block Lot Area Width Block Lot Area Width Outlot 1 1 8,140 75 2 8 10,170 75 A 25,484 1 2 8,560 76 2 9 9,523 75 B 9,387 1 3 8,009 51 2 10 9,056 75 C 14,387 1 4 8,033 51 2 11 9,272 75 D 41,208 1 5 9,560 53 2 12 10,494 87 E 501,202 1 6 8,364 55 2 13 12,067 92 ROW 283,920 1 7 8,364 55 2 14 12,475 85 Subtotal 374,386 501,202 1 8 8,364 55 2 15 16,567 51 1 9 8,364 55 2 16 17,651 49 Total sq ft 374,386 501,202 1 10 8,364 55 2 17 16,295 51 1 11 8,364 55 2 18 12,455 71 1 12 8,364 53 2 19 12,451 82 1 13 10,261 50 2 20 10,292 76 1 14 8,997 50 2 21 9,771 75 1 15 12,734 70 2 22 12,555 102 1 16 8,925 50 3 1 8,063 63 1 17 9,294 70 3 2 12,144 72 1 18 16,544 215 3 3 12,058 101 2 1 14,367 200 3 4 9,395 69 2 2 10,424 73 3 5 8,222 55 2 3 9,555 90 3 6 8,388 55 2 4 11,322 90 3 7 8,236 55 2 5 13,677 75 3 8 8,083 55 2 6 17,050 70 3 9 8,107 55 2 7 12,289 71 3 10 15,913 175 Average 10,720 75 Staff Report – Marshall Farms June 8, 2026 Page 5 Accessory Garage Area / percentage. City Code establishes a maximum amount of garage/ accessory structure area of 7.5% of the lot area. Due in part to the proposed housing type, likely demographic of homeowner, smaller lot areas, and a desire to reduce surface sheds in the rear yards, the developer proposes incorporating these storage needs into the garages. Some of the anticipated home plans include 3-4 stall garages. Add side setback waivers not requested. Should list which lots are 9% are allowed. In order to maintain the overall intention of the standard, City staff will work with the developer to specifically identify the lots requesting the 9% waiver and include that list as part of the City Council materials. A typical two stall garage in Eden Prairie is 576 sq ft, a three stall garage 864 sq ft. Applying the 7.5% limitation to the proposed lots, 32 of the 50 would not be of sufficient size to accommodate a three stall garage and any accessory structure, including pools/ patios. This primarily impacts lots smaller than 9,500 sq ft. The developers are requesting an accessory coverage maximum of 9% of the lot area. Staff will work with the developer to identify those specific lots to maintain the desired objective of the regulation, prior to City Council. The waivers are supportable as the plans directly reflect the stated purpose of the Planned Unit Development process (efficient use of land, variety in type of environment available, and greater creativity and flexibility in environmental design) by preserving the sensitive natural bluff area, provision of two housing types, and enhanced landscaping along the north property line. Additionally, the southern property lines of Block 2 have been pulled back from the top of the bluff, providing further protection of this resource. The front yard setback waiver is supportable because this pulls the homes closer to the street, away from the rear yard, increasing the distance from the adjacent residential lots to the north and the bluff to the south. ACCESS AND STREET CONNECTIONS Access to the site is via public streets, including Dell Road to the west, and Canopy Trail from the north. The project includes an extension of Canopy Trail and Crestwood Terrace, and a new street, currently proposed to be named Mable Lane. TRAFFIC STUDY The proposed 50-unit single-family subdivision is anticipated to generate 457 daily trips (35 a.m. peak and 47 p.m. peak), which is approximately half of the traffic of the previously approved plan. Traffic distribution assumptions indicate that approximately 40% of site traffic is expected to travel northbound on Dell Road toward Pioneer Trail, 20% northbound on Canopy Trail towards Dell Road and Pioneer Trail, 15% northbound on Crestwood Terrace toward Pioneer Trail, and 25% southbound on Dell Road toward County Highway 61. All intersections within the study area are expected to continue operating at an efficient Level of Service with no significant operational issues anticipated as a result of the proposed development. The previously approved development, which consisted of 100 townhomes and 15 single-family homes, was estimated to generate 892 daily trips (67 a.m. peak and 81 p.m. peak). Staff Report – Marshall Farms June 8, 2026 Page 6 PARKING The narrative notes each home will include 2-4 stall garages and the reduced setback will allow for driveway parking without encroaching into the public street. Each garage will include 1 EV ready charging station; additional stations can be added. SIDEWALKS AND TRAILS Sidewalks are proposed along one side of each of the streets, and will connect to the existing sidewalks at Canopy Trail and the existing sidewalk along Dell Rd. BUILDING ARCHITECTURE AND MATERIALS The City does not regulate design and materials for homes in single family development. For reference, the developer’s narrative includes examples of planned elevations and floor plans for the intended homes within the development. The homes are proposed to be built by McDonald and Rieland Homes. PHASE I ENVIRONMENTAL SITE ASSESSMENT A Phase I Environmental Site Assessment was prepared on August 15, 2024. This assessment has revealed no ASTM Recognized Environmental Conditions (RECs), no Controlled Recognized Environmental Conditions (CRECs) and no Historical Recognized Environmental Conditions (HRECs) in connection with the Subject Property. WETLAND, SHORELAND, AND BLUFF Development on the site is concentrated on the northern half of the site, north of the established bluff line. In this area, no wetland has been identified. South of the bluff line is the bluff, steep slopes, vegetated areas, and shoreland around Riley Creek. The outlot south of the bluff line, to be owned and maintained by the City, will encompass and protect these sensitive areas. The zoning district change will further protect this area long term. ENDANGERED, THREATENED OR SPECIAL CONCERN SPECIES A rare species assessment was completed on May 30, 2024. Within the developable area (north of the bluff line), the report found the project will not result in impacts to state or federal threatened, endangered, or special concern plant species or native plant communities, based on available information and site observations. DRAINAGE/STORMWATER MANAGEMENT Stormwater is managed carefully to avoid impact to the bluff. Water will be collected and routed to one of four storm water ponds, in Outlots A-D. These ponds, because they collect water from the public street, will be deeded to and maintained by the City. Stormwater management will meet or exceed Watershed and City stormwater requirements. UTILITIES All lots will be served with City services, and new water and sanitary mains will be added as necessary. These mains will be the City’s responsibility after they are accepted. Staff Report – Marshall Farms June 8, 2026 Page 7 TREE LOSS AND TREE REPLACEMENT A tree inventory of all heritage and significant trees has been completed. Of the 1,326 caliper inches of Heritage trees, 103 inches of will being removed. 1,146 caliper inches of significant trees (of the 7700 caliper inches) are removed, mostly in the area of the existing farmstead. Trees south of the bluff line will not be removed as part of this project, though some will be removed as part of the City’s reconstruction of Dell Road. With credit for preserving heritage trees, the developer is responsible for replacing 145 caliper inches of trees. These are incorporated into the landscaping plan, many located within the buffer area along the north property line. TREE REPLACEMENT PLAN The tree placement plan shows a variety of trees along the north property line, supplementing existing trees off the property. Conflicts with the stormwater management system prevents additional screening further to the east along the north property line. Additionally, trees are proposed along Dell Road. The plan also shows a tree in the front yard of each lot, outside the right of way and easements, to develop a natural street scape. TREE REPLACEMENT PHASING The phasing of the trees will be detailed in the development agreement, but it is anticipated that the trees along the north and west property lines will be planted after grading and utility work, and the trees along the interior streets will be planted later, after home construction has departed that area. Staff Report – Marshall Farms June 8, 2026 Page 8 HISTORIC/ARCHEOLOGICAL FEATURES AND/OR STRUCTURES The house and barn have not been designated as a local heritage preservation site, having been surveyed in 1993. The applicant has agreed to the request for photo documentation prior to demolition. Being close to the river bluff, there is a potential for historical features related to prior occupancy of the land. In the event evidence is found during construction, the developer is required through the Development Agreement to contact the appropriate authorities, complying with state and federal regulations. PARK FEES Park dedication will be required for each of the homes within the project to be paid at the time of individual building permit issuance. SPECIAL ASSESSMENTS Assessments will be required with this project. Trunk assessments at the rate of $10,187/acre will apply to the net assessable acreage of 18.96 acres. There is a deduct for previously paid $520 on this property, for a total trunk assessment of $192,629.59. The property has two deferred assessments for $1,167.83 and $22,081.03. The deferred assessments are for Green Acres Parcel and will be deferred until loss of Green Acres Status. The deferred assessments will be due within 90 days of the property sale. Also, the property is subject to assessments for the City’s Dell Road project. The preliminary amount is $847,600. This assessment will be levied after completion of the Dell Rd project. Final amounts will be determined at time of payment or finalizing the special assessment agreement. AIRPORT The property is in the airport safety zone for the Flying Cloud Airport. The airport had no comment on the proposed Comprehensive Plan Amendments, and a disclosure for potential noise and other impacts will be required of each first time resident, outlined in the Development Agreement. SIGNS A private monument sign is anticipated near the corner of Crestwood Terrace and Dell Road. Signs are required to comply with the applicable city code and maintenance will be the responsibility of the Homeowners Association, or the property owner. PROJECT PHASING The project will be graded in the first phase of the project, with homes to be built in the following 2-4 years. The development agreement will likely include a provision for two model homes, to be completed in the first phase, subject to Building and Fire Department approval. NEIGHBORHOOD MEETING AND RESIDENT INPUT A neighborhood meeting was held on May 12th. The developer reported receiving comments regarding screening along the north property line, construction specifics of Dell Rd, and the need for trails within the natural area. Staff Report – Marshall Farms June 8, 2026 Page 9 Staff has received written comments, jointly authored by 6 households in the neighborhood to the north. These comments are attached. The comments, in general raise concern about density calculation, views from/ and into their property, and property value. STAFF RECOMMENDATION Staff recommends approval of the actions necessary for the development of the Marshall Farms project, including Comprehensive Plan Amendment, Zoning District Change, PUD Concept, PUD District with waivers, and preliminary plat, subject to the conditions below. CONDITIONS OF APPROVAL This is based on plans stamp dated May 20, 2026 and the following conditions: 1. Prior to the 1st reading by the City Council, the applicant must: A. Adjust the plans and details to reflect stormwater management comments dated May 28, 2026 prior to 1st reading. 2. Prior to release of the final plat, the applicant must: A. Tender a warranty deed for the Outlots A-E. B. Provide a sight distance easement on Lot 10, Block 3. C. Pay trunk sewer and water charges or sign a Special Assessment Agreement. Note that deferred assessments are due within 90 days. Also note the Dell road assessment won’t be due until improvements are completed. D. Submit a bond, letter of credit, or cash deposit (“security”) that guarantees completion of all public improvements equivalent to 125% of the cost of the improvements. E. Provide copies of legal documents, either in Association format or private covenant and agreement format to be approved by the City that shall address the following: • Describe the long term private maintenance or replacement agreement for private improvements, including signs. • Insertion of language in the documents that relinquishes the City of Eden Prairie from maintenance or replacement of private improvements. 3. Prior to land alteration permit issuance, the applicant must: A. Obtain permits and approvals from other agencies as needed. B. Obtain City approval of a final grading and drainage plan for the property. C. Submit construction plans and project specifications for public infrastructure for review and approval by the City Engineer. D. Submit detailed utility and erosion control plans for review and approval by the City Engineer. E. Obtain and provide documentation of Watershed District approval. F. Notify the City and Watershed District 48 hours in advance of grading. G. Provide a construction grading limits and tree protection plan for review and approval by the City. Staff Report – Marshall Farms June 8, 2026 Page 10 H. Install erosion control at the grading limits of the property for review and approval by the City. I. Install fencing at the construction grading limits and tree protection areas as shown on the approved plans. J. Submit and receive written approval of an executed landscape agreement. K. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of the landscaping. L. Coordinate the photo documentation of the structures on the property by the city, including representatives of the Heritage Preservation Commission, prior to release of Wrecking Permit. M. Obtain written approval of a Wrecking Permit for the removal of buildings on the property. N. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the cost of the land alteration. O. Obtain an Airport Permit from the City that complies with the Joint Airport Zoning Ordinance. 4. Prior to building permit issuance for the property, the applicant must: A. Provide proof that the deed has been recorded. B. Provide proof that the septic system has been removed and the well has been capped in accordance with applicable regulations. C. Pay the appropriate cash park fees. D. Install the Phase I trees for tree replacement for a single family plat. 5. The following waivers are granted through the PUD for the project as indicated in the plans stamp dated May 20, 2026. A. Lot Area B. Lot Width The table below illustrates the lot area and width waivers as applied to the 28 of the 50 lots within the subdivision. Staff Report – Marshall Farms June 8, 2026 Page 11 A. Accessory structure coverage up to 9% lot area for selected lots. B. Front yard setback, reduced from 30 feet to 25 feet, for all lots. 6. Prior to issuance of an Occupancy Permit, the applicant must: A. Install EV charging equipment that is fully operational. 7. Prior to release of tree replacement security, install the Phase II trees for tree replacement for a single family plat according to policy. Approved Minutes Eden Prairie Planning Commission Meeting 7 p.m. Monday, June 8, 2026 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES Commission Members: John Kirk, Steve Schumacher, Ed Farr, Robert Taylor, Daniel Grote, Frank Sherwood, Pete Palmisano, Phou Sivilay, Trisha Duncan City Staff: Jeremy Barnhart, City Planner; Carter Shulze, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Kristin Harley, Recording Secretary MEETING AGENDA I.Call the Meeting to Order Chair Duncan called the meeting to order at 7 p.m. All Commission Members were present. II.Pledge of Allegiance III.Approval of Agenda MOTION: Taylor moved, seconded by Farr, to approve the agenda. Motion carried 9-0. IV.Minutes A.Planning Commission meeting held Monday, May 11, 2026 MOTION: Palmisano moved, seconded by Taylor, to approve the minutes of the Planning Commission Monday, May 11, 2026. Motion carried 9-0. V.Public Hearings A.Marshall Farms (2026-03) 1.Guide Plan Change on 8.69 acres 2.Planned Unit Development Concept Review on 32.13 acres 3.Planned Unit Development District Review with waivers on 32.13 acres PLANNING COMMISSION MEETING MINUTES June 8, 2026 Page 2 4. Zone Change from Rural to R1-9.5 on approximately 13.58 acres and from Rural to Parks and Open Space on approximately 13.18 acres 5. Preliminary Plat of 32.13 acres into 50 single family lots, public streets and 5 outlots. Barnhart displayed the preliminary plat and presented the staff report. This application sought a change to the Comprehensive Plan and to the zoning of the area from Rural to R1-9.5 Residential. The area would be subdivided into 50 single-family homes and five outlots for stormwater management ponds and for open space along the bluff. The application included a PUD Concept Review with waivers to lot area, lot width, front yard setback and garage storage area. 24 of the lots would not meet the lot width requirement. The average lot size was over 10,000 square feet. The front yard setback requested was 25 down from the required 30 feet. This brought houses away from the rear property line to the north and south, which formed the bluff line. This parcel had been proposed for development in 2024, but the previous approvals expired, and the zoning reverted to Rural. This was an entirely new proposal. The Commission Member packets included comments received from neighbors and staff would address these: There was concern that much of the donated land was undevelopable, steep slopes and bluffs. These areas would be dedicated to the City, and guided Parks and Open Space, especially the land south of the development. The City owns many of these types of properties. There were some flat areas south of the creek that could be developed but would be retained as open space as well. The park and open space areas were an offset of the PUDs requested. This would shift density into the development. There was concern that density was inaccurately calculated. 13 acres would be developed, the rest being undevelopable or right-of-way. The calculation is made on gross density in Eden Prairie. The low density designation anticipates density in the 0.1-5 units per acre range. This development had 3.6 units an acre, well within the Comprehensive Plan guidelines. There was concern about the “wall effect” created along the north property line, since there was minimal space between the homes here. There were no waivers requested for side yard setback, since all met all requirements in this respect. It was not out of character for a R-19.5 Zoning District. There was concern regarding privacy loss along this north side, but the separation was typical, between 70 to 120 feet, as many of the homes would back up to a pond. However, the developer did address this to reduce the PLANNING COMMISSION MEETING MINUTES June 8, 2026 Page 3 setback to bring houses away from the property line. There was no landscaping/screening requirement for single-family residential developments. The developer proposed to replace trees along the north property line, but not all the way across, due to stormwater drainage requirements. There was concern that this development did not have a landscaping plan, but there was one, and it exceeded requirements. There was concern regarding property values and market impacts. The City Assessor did not find evidence this development would adversely impact the existing, thriving neighborhoods. Six of the last eight house sales had prices that exceeded the assessed housing values. House sales depended upon a number of criteria, many of which were not under control of the City. This development has been discussed for three years. As a rule, new residential developments did not negatively impact existing residential developments. Farr asked for and received confirmation the land had been guided low density residential in the past but then had reverted to Rural when the previous proposal was abandoned, and there were no side yard setback waivers being proposed. He asked for and received confirmation there would be 18 regular lots instead of 12 larger lots along the north side. He noted with the smaller side yard setbacks there would be more open, or “negative” space and more visibility. Barnhart agreed; with larger lots there could be larger houses built, leading perhaps to less visibility. Steve Schweeters, owner of Wooddale Builders, detailed the application. He stated there had been and would be more meetings with the existing residents of the area. This would be a 50-unit single-family home development with a villa style. The houses would be affordable. Wooddale Builders had also developed Stable Path and Highland Oaks and was making an effort to keep price points down. Dan Schmidt, civil engineer, stated he had worked with City staff for six months. The sanitary sewer would have access on Dell Road and on Canopy Trail. The stormwater treatment design met requirements. This design had been sent to the Watershed District, and he was working through the comments. He displayed a comparison to the 2024 Marshall Farms project, showing fewer homes and lots, less density, a lower number of trips per day (down 45 percent), EV-ready garages and solar-panel-ready homes, and a similar plan for trails. He noted the current proposed density was closer to the original guidance for the property. The development would have 28 villa homes and 22 single-family homes. The villas would have 55-foot-wide lots, and there would be single-family homes along the south side. The villa lots would have a 68-foot area and a 25-foot front yard setback for parking and to increase the backyard space. A couple of the PLANNING COMMISSION MEETING MINUTES June 8, 2026 Page 4 single-family lots would be below the minimum of 9,500 feet to protect the bluff. Schmidt described the landscape plan, which included an entrance monument, sidewalks connecting to the park areas, and one tree in the front yard of every home. The developed had increased the screening by 50 percent along the north after the comments from a neighborhood meeting. Paul Reiland of Johnson Reiland Homes introduced David Rennet of McDonald Construction. Reiland stated Johnson Reiland would build the villas and half of the single-family homes. He displayed the villa models and floor plans. The target market for these were empty nesters and retirees. The houses would be slab-on- grade and wheelchair-friendly. These would be 150-foot deep lots, deeper than usual. Rennet stated McDonald Construction would build the non-slab, single-family homes, which would be a mix of rambler and two-story homes. The ramblers would have basements. These homes would range from 3,000 to 4,000 square feet. Rennet displayed the rambler single-family home model with the three-car garage. Reiland displayed another single-family home rambler model (Fall Parade House) and the two-story, 6,000 square foot single family homes with three- and four- car garages. Rennet stated McDonald Construction was a Green Path builder incorporating sustainability and energy efficiency, including solar, EV-ready garages, triple- pane windows, and other future-ready features. Richard Koppy, of 9872 Crestwood Terrace, stated he lived across from where the development would be. He stated he moved here from Minnetonka, and was happy with the current design, as were his neighbors. However, he stated the City of Eden Prairie needed to use this development as an impetus to complete the neighborhood, which he did not see happening. He urged the City to try to finish the neighborhoods with landscaping, trails and a better street system. Speed on Dell Road, where he and his wife walked his dogs, was a concern. He suggested a roundabout between Flying Cloud Drive and Pioneer Trail to control speed. The Pioneer Road detour on Dell Road was already contributing traffic; he wished the City to look at the entire situation once everything was paved and have a landscape plan for Dell Road. He also suggested constructing a parkway, similar to Bear Path homes. Koppy added that five years ago the City staked his backyard for the right-of-way for a trail system, but it was never utilized. He envisioned a trail system to Lake Riley. He asked the City to at least plan it and tie the various parts of the neighborhood together. He also urged there be more public meetings regarding PLANNING COMMISSION MEETING MINUTES June 8, 2026 Page 5 these issues. Overall he commended the proposal. Larry Erickson, of 9752 Laforet Drive, also commended the development, but added there were a lot of dead trees along the lot line, in the City outlot, and urged staff to work with the developer. Daniel Knitt, of 97191 Geisler Road, stated that two homes valued at 875,000 instead sold for 750,000. Increased density lowered property values because homebuyers did not want to move into an overly populated area. He added the neighborhood had submitted a letter bringing up six points of concern. He suggested the developer shift the pond to the north. He found Farr’s comment regarding negative space valid but added reducing the houses to a 12-count from an 18-count would give a more spacious feel by opening up the northern wall. Traffic would also increase due to the waivers; not approving the waivers would give a more community feel to the development. Barb Hamilton-Susted, of 9711 Geisler Road, stated that the north “wall effect” impacted six or seven homes directly. She stated she understood the length versus depth concept but urged the commission to go beyond the minimum lot size. She found this was not a good look, and it would decrease home values. Home values were dropping in her neighborhood, according to recent home sales near her (150,000 instead of the median 202,000 or the 185,000 value from two years ago). She also asked if the proposed homes would be affordable, since price points were not mentioned. MOTION: Schumacher moved, seconded by Kirk, to close the public hearing. Motion carried 9-0. Duncan stated Copy’s comments would be addressed in the Comprehensive Planning process. Barnhart stated the comment regarding dead trees could be shared with the Parks and Recreation Department. Bourne stated staff was would be working with the developer to remove the dead trees. Reiland stated the villas would start in the $900,000 range for a single level, and the single family homes in the middle million range, some to break two million dollars. Schumacher asked for and received confirmation the waiver for the front yard setback was for all of the homes in the development. Farr asked for and received confirmation the previous design had a through- route along Crestwood Trail. He found the current configuration of Crestwood an improvement. There had also been a “wall” comment on the south side of the PLANNING COMMISSION MEETING MINUTES June 8, 2026 Page 6 last development that came through the commission in 2024. Larger lot sizes could contribute larger, multistoried homes rather than the slab-grade homes proposed. Kirk stated he frequently drove Dell Road and understood the traffic concerns, and for an overview on Dell Road. Schulze replied there was future project to pave the gravel section of Dell Road. It would occur along with this development. There would be more curves, giving a more natural look, and it would remain a 30-mph state-aid street. It would keep the same look and design feel down the bluff section of this development. Taylor asked what species of trees would be used for screening. Reiland replied this was in the landscape plan and there would be 19 Black Hill Spruce trees and 13 Norway Spruce trees, eight evergreen trees and a number of maple trees. Taylor asked if there could be more evergreens planted, and Reiland replied he was not the landscape architect, but this could be done. Schweeters stated there would be another neighborhood meeting to address all these concerns. More trees could be worked out with the builder, and the homeowners could of course plant more. Evergreens would be staggered with deciduous trees for screening during the winter months. Duncan stated it was her understand that screening like for like zoning was not typically done and she was not sure all of that screening was necessary, yet it had been increased to accommodate residents’ concerns. Farr agreed, adding transitions between zones requiring screening, but this was single-family to single-family, not requiring neighborhood walls with tree thickets. Kirk stated any major development was a big deal to the residents who lived near it. This area had undergone two development iterations, and he found the outcome a good one. The density dropped traffic significantly (45 percent). He reminded that the commission needed to represent three major groups in Eden Prairie: the residents, the staff who enforced regulations and standards, and the new homeowners. He found this to be a reasonable balance and supported the development. Duncan stated she appreciated the developer’s hard work and found this to be an improvement over the previous proposal. She added she was not a fan of the northern line of lots but in general she found this to be a good development. MOTION: Kirk moved, seconded by Schumacher, to recommend approval for the Guide Plan change, PUD Concept Review, PUD District Review, Zoning Change, and Preliminary Plat as recommended by staff as represented in the June 8, 2026 staff report Motion carried 9-0. PLANNING COMMISSION MEETING MINUTES June 8, 2026 Page 7 B. Code Amendment – Data Centers (2026-01CA) 1. Request for approval to amend City Code, Chapter 11 relative to definition and regulation of Data Centers. Duncan stated she would abstain from voting due to her employment with Excel but would be a part of the discussion. Taylor also abstained from the voting due to his employment with Mortensen . Barnhart presented the staff report. The City of Eden Prairie was attempting to get ahead of the ongoing discussion in other cities by being proactive and establish reasonable regulations for Data Centers. The City could not prohibit data centers, but they could be located in the I-GEN Zoning District. Data Centers were defined as standalone businesses, not a server room. The amendment would establish specific standards: minimal proximity to residential (700 feet), minimal proximity to mechanical units, and submittal requirements. The City would also require a data center recycle the water used and to use renewable energy sources, among other sustainability requirements. Grote asked if there were inquiries or application to build a data center in Eden Prairie; Barnhart said there had not. Farr suggested there could be a conflict with the nuisance ordinances, which measured in decibels. Barnhart replied this new requirement would be in addition to, not in replacement of, the current nuisance ordinances. Daniel Knitt, of 97191 Geisler Road, stated he built data centers for a number of years, and approved of the City being proactive. His concern was what happened to the space previously occupied by the data center once it was empty, and the impacts of any flash floods or fire. He asked if the City had the infrastructure to scale and support a data center, which could cause a ripple effect. MOTION: Schumacher moved, seconded by Palmisano, to close the public hearing. Motion carried 9-0. Barnhart stated Knitt’s concerns were what City staff were trying to address with this amendment and he appreciated the comments. Palmisano asked if there were any lessons learned from other cities already grappling with this issue, and what the next steps were. Barnhart replied the City Council would approve the ordinance if the commission voted for approval tonight. Any applicant would then have the information and staff would work with them to meet the requirements. He did not anticipate a large data center in Eden Prairie as those seen in the news. MOTION: Grote moved, seconded by Palmisano, to recommend approval to PLANNING COMMISSION MEETING MINUTES June 8, 2026 Page 8 amend the City Code Chapter 11 relative to definition and regulation of Data Centers as recommended by staff as represented in the June 8, 2026 staff report Motion carried 7-0 with two abstentions (Duncan and Taylor). VI. Reports A. Planners report Barnhart stated the 2050 Comprehensive Plan review process had started. The goal was to submit the revision to the Metropolitan Council in December 2027. This was not a complete rewrite, but an update. A consultant was hired to conduct the housing study and other departments had also retained consultants. An update will be discussed in the October Council Workshop. B. Members’ reports VII. Adjournment MOTION: Grote moved, seconded by Taylor, to adjourn the meeting. Motion carried 9- 0. Chair Duncan adjourned the meeting at 8:28 p.m. To: Eden Prairie planning commission We wanted to share our concerns with the proposed development as it currently stands. While we appreciate the reduction in total units, the current project layout simply shifts the conﬂict from a traﬃc conversation to a severe privacy and home values concern. The burden of this building density is born primarily by the existing adjacent Geisler Road residents. It is important for the Commission to note that there are two distinct audiences among the aﬀected community members: 1. The General Vicinity Neighbors: Residents in the wider neighborhood who naturally prioritize broader infrastructure concerns like walking paths, greenways, and traﬃc ﬂow. 2. The Directly Adjacent Neighbors: Homeowners along the northern border whose immediate quality of life, privacy, and property values face severe, direct erosion. While the developer’s current modiﬁcations may placate vicinity traﬃc concerns, they actively amplify the privacy and home value issues driven by negative visual massing and space compression felt by those of us sharing a property line. Those along the northern border are most directly impacted, and our protection should be the city's highest priority. 1. The "Conservation" Misnomer Wooddale Builders emphasizes that 13 acres are being "preserved" as open space along the bluﬀ corridor and Riley Creek. We challenge the framing of this constraint as an altruistic community beneﬁt: • Topographical Constraints: This "preserved" land consists entirely of protected wetlands, steep bluﬀs, and Riley Creek. These are areas that are structurally unbuildable due to mandatory city setbacks and extreme, cost- prohibitive stabilization requirements. • The Reality: The developer is not "giving" land back to Eden Prairie out of community goodwill. They are simply designating legally unbuildable terrain as a green counterweight to justify extreme, compressed high-density zoning on the remaining small fraction of buildable acreage. We request that the committee explicitly distinguish between functional topographical constraints and authentic conservation. Density is calculated based on buildable land only and at a min, this is on the higher end. We would like to understand the calculation. 2. Density, "Visual Massing" & The Wall Eﬀect While the developer claims a reduction in units is a win, the density of the footprint along the northern edge remains the core issue. This modiﬁcation addresses regional traﬃc metrics but does nothing to solve the severe localized building density footprint along the northern boundary. • The "Wall" Eﬀect: The proposed tight clustering of homes creates a continuous, high-mass "wall of buildings" rather than reﬂecting the open, residential neighborhood character established in this section of Eden Prairie. • Privacy Incursion: These structures sit aggressively close to our rear property lines, completely looming over existing backyards, blocking out mature trees, and diminishing open sky. To evaluate this fairly, the commission must require the developer to provide the exact rear setback distances and demonstrate how they align with the historical, established character of the Geisler Road home layouts to ensure everyone's privacy is maintained. Cindy & Scott Leverenz – 9703 Geisler Rd Sridhar Mahendrakas – 9687 Geisler Brandon Hegstrom - Rd9712 Geisler Rd Daniel & Lelani McNitt Barb Hamilton-Sustad – 9711 Geisler Rd Frank Gerard Vernoia – 9724 Geisler Rd. 3. The Buﬀer & Landscaping Gap A primary point of contention is that the developer is seeking preliminary approval without concrete commitments to screening. • Admission of Missing Details: In written correspondence, the developer's Director of Sales and Marketing openly admitted that the preliminary plat map currently under review does not reﬂect a landscaping or screening plan. • The Regression: Earlier concept plans for this development site explicitly featured green buﬀers and ponds to protect existing homeowners—elements that have been completely wiped out in favor of placing massive residential blocks directly against our property lines. • Direct Question to the Committee: “Why has the vital greenery and perimeter screening from previous iterations been stripped away, forcing existing residents to absorb the full visual impact of this density?” 4. Property Value & "Broader Community" Beneﬁt The developer argues that adding public trails and open space beneﬁts the city as a whole. However, a beneﬁt to the broader community should never be subsidized by the immediate erosion of neighboring property values. • Local Market Deterioration: This overdevelopment threat is already actively harming our local market. We are seeing homes in the immediate vicinity drop to a devastating $158/sq ft in the most recent sale — a massive, documented plunge away from the $202 Eden Prairie average and historical local baselines from just two years ago. The proposed development was given as the reason for the lower oﬀer by several of the bidders. If this project is approved, we would need to seek a corresponding reduction in taxes. • The Aesthetic Conﬂict: As noted by residents, tightly packed, high-density detached structures with narrow spacing look less like a single-family neighborhood and more like an invasive "row of apartments". We challenge the committee to protect the neighborhood's economic health and ensure the new layout matches the value and aesthetics of the surrounding Geisler Road estates. Formal Closing Request The developer has stated that they are operating as a large team and may deﬂect speciﬁc engineering, landscaping, or setback inquiries during public comment by promising to address them "later in the process". Because post-approval promises oﬀer no legal protection to current homeowners, we formally request that the Planning Commission table postpone any preliminary plat approvals until the developer submits and we have agreement on the following: 1. A complete, legally binding building, architectural landscaping and visual screening plan. 2. A formal engineering and structural stabilization report regarding the bluﬀ corridor and water runoﬀ constraints. 3. Exact physical dimensions of the rear setbacks, side-by-side with the current setback proﬁles of the aﬀected Geisler Road properties. City Council Agenda Cover Memo Date: July 14, 2026 Section: Public Hearing Item Number: VIII.B. Department: Community Development/Planning Julie Klima/Sarah Strain ITEM DESCRIPTION Told Development Company, the property owner, is proposing to redevelop the northern portion of the parking lot at 11609 Leona Road. This is Phase II of a redevelopment project. The partial demolition and remodel of Oﬃce Depot into Planet Fitness and underground stormwater management in the parking lot were Phase I. A drive-thru Starbucks was also approved in Phase I; this project is no longer moving forward, and a new drive-thru Shake Shack is proposed to be constructed in the northwest corner of the site instead. A new Valvoline Instant Oil Change is proposed to be constructed in the northeast corner of the site. The developer is proposing to plat the property so each building has its own parcel. REQUESTED ACTION Move to • Close the public hearing; and • Adopt a Resolution for a Planned Unit Development (PUD) Concept Plan Review on 3.44 acres; and • Approve the 1st Reading of an Ordinance for PUD District Review with Waivers on 3.44 acres; and • Adopt a Resolution for a Preliminary Plat of three lots and one outlot on 3.44 acres; and • Direct Staﬀ to prepare an Amendment to the Development Agreement incorporating Staﬀ and Commission recommendations and Council conditions. SUMMARY The property is zoned Commercial-Regional-Services (C-REG-SER) and is guided Regional Commercial in the comprehensive guide plan. There are no proposed zoning or guide plan changes with this application. Site Plan A new drive-thru Shake Shack is proposed for the northwest corner of the site. The new building will be roughly 3,150 square feet and will oﬀer both drive-thru and dine-in options for customers. The drive-thru will be on the north side of the building, along Leona Road, allowing parking to be located behind the building and to better facilitate cross-parking and access between the parcels. A Valvoline Instant Oil Change is proposed for the northeast corner of the site. The building will have three (3) drive-thru bays and be approximately 1,870 square feet. The remainder of the north portion of the lot will be part of the Planet Fitness parcel and be a parking lot to support all site users. There are cross parking agreements for all three (3) 11609 Leona Road users (Shake Shack, Valvoline, and Planet Fitness) and between 11609 Leona Road and 11611 Leona Road, the Qdoba/Caribou building. The image above shows the proposed site plan. Preliminary Plat The developer is proposing to subdivide 11609 Leona Road into three (3) lots and one (1) outlot. The three (3) new lots meet the lot dimensional standards of the C-REG-SER zoning district. Both new buildings will encroach into the front yard setback to accommodate required parking and internal traﬃc circulation; all other setbacks are to be met. The speciﬁc waiver requests are outlined in more detail below. Each building in the Preliminary Plat will have its own parcel and enough parking spaces on the parcel to meet City Code requirements. The stormwater pond along Flying Cloud Drive will be in an outlot, owned and maintained by Told Development. Park dedication fees were paid on this site when it was redeveloped in the late 1990s/early 2000s. Signs The developer is requesting a sign size wavier to increase the size of the freestanding sign at the intersection of Flying Cloud Drive and Leona Road. The waiver would allow up to 116 square feet of freestanding signage at the intersection and a 107 square foot sign base to support the structure. A sketch of the proposed sign design is shown on the following page. The current site plan shows this freestanding sign at the intersection and a smaller, code compliant sign along Den Road in the southeast corner of the property, where there is an existing sign. City Code allows one (1) freestanding sign per street frontage for Commercial zoned property. With the Preliminary Plat creating three (3) lots, this would create the potential for a total of ﬁve (5) signs in this development; one for Shake Shack’s Leona Road frontage, two (2) for Valvoline’s frontages, and two (2) for Planet Fitness with frontage on both Den and Leona Roads. If all signs were maximized, there could be a total of 312 square feet of signage along Den and Leona Roads. The maximum sign area the developer is proposing is 152 square feet; 116 square feet at the intersection of Flying Cloud Drive and Leona Road and 36 square feet along Den Road. Consolidated signage is generally encouraged in PUD areas to address sign proliferation. City Code allows the sign base to be a maximum of half the size of the sign. With a proposed area of 116 square feet, the maximum sign base permitted would be 58 square feet. The total area of the two columns is 107 square feet. The additional sign base area supports the larger sign area requested and accounts for the brick columns that contribute to the site’s higher architectural standard. The open space between the columns minimizes massing of the sign structure. There is an existing agreement that allows oﬀ-site signage for the tenants at 11611 Leona Road to have signage at the Flying Cloud Drive/Leona Road sign location. This was approved when 11611 Leona Road was platted and built in the early 2000s. This is a unique circumstance given 11611 Leona Road is landlocked and would otherwise not be allowed freestanding signage. With the Preliminary Plat, the allowance for oﬀ-site signage will need to be expanded to allow Lots 2 and 3 to install signage oﬀ-site on Lot 1. Permitting oﬀ-site signage through a waiver would allow the current conditions to continue once the new property lines are created. While the applicant is reusing the existing piers for the freestanding sign, the sign was built within the required 15-foot setback, meaning a waiver is needed to approve the current sign location and allow reuse of the piers. The sign is located approximately 10 feet from the property line and has been in this location since 1997. Sketch showing the proposed sign at the intersection of Flying Cloud Drive and Leona Road. Planned Unit Development Waivers This project is requesting a PUD Concept Plan Review and District Review with waivers. The following waivers from City Code requirements are requested as part of this project: A. Front Yard Setback: City Code requires structures in the Commercial-Regional-Services zoning district to be setback a minimum of 35 feet from front lot lines. The proposed Shake Shack building is setback 18.5 feet from the north property line. The proposed Valvoline building is setback 21.3 feet from the east property line. B. Sign Size: City Code allows Commercial zoned properties freestanding signage on every street frontage with one (1) sign/frontage allowed 80 square feet of signage and each subsequent frontage being allowed 36 square feet of signage. The applicant is proposing to take two (2) of the allowed sign areas and combine them into one (1) larger sign at the main intersection, Flying Cloud Drive and Leona Road. To support the larger sign area size, a larger sign base is also required. The proposed sign needs a waiver to allow a 107 square foot base. C. Sign Location: The Preliminary Plat creates new lots, meaning a waiver is needed to support oﬀ-site signage in the PUD area on sign at the Flying Cloud Drive/Leona Road intersection. A waiver for oﬀ-site freestanding signage for Lots 2 and 3 of the Preliminary Plat is requested. As previously mentioned, a waiver was granted to allow oﬀ-site signage for 11611 Leona Road on the 11609 Leona Road sign. The three (3) lots in the Preliminary Plat and 11611 Leona Road create a uniﬁed development with shared access, parking, and maintenance. Shared signage supports a uniﬁed PUD area and reduces visual clutter from signs elsewhere on the site. City Code requires signs to be setback at least 15 feet from the public right-of-way. The applicant is reusing the current sign base for the new freestanding sign. However, the sign was installed within the 15 foot setback requirement. To reuse the existing base, a waiver is needed to approve a 10.5 foot setback from Leona Road. The sign has existed in this location since 1997, and the base will be refurbished when the new sign is installed. Building and Architecture As part of a PUD area, the intention with inﬁll buildings is to carry the visual qualities of other structures in the area through to the new structures to create a uniﬁed environment within the PUD boundary area. The Valvoline building is proposed to be brick, stone, and glass. The building meets the City’s architectural standards, and the materials used complement the existing building onsite. Renderings of the proposed building are shown on the following page. The Shake Shack proposes to use brick, stone, and glass in their design. The cream color complements the EFIS on the Planet Fitness, and the dark brown brick for the “back of house” is a similar color to the accent bands on Planet Fitness. The wainscoting, columns between the glass doors and windows, and drive-thru window area are stone. The Valvoline and Planet Fitness buildings both use stone on the lower half of the façade, supporting a cohesive design. The elevations below reﬂect the recommended changes from the Planning Commission. Rendering of North and West Sides of Valvoline, which faces Leona Road and the entrance driveway. Access and Traﬃc The northeast driveway access on Den Road will be closed to remove conﬂict between incoming traﬃc and vehicles exiting Valvoline. The access further south on Den Road will remain; this was built with the Planet Fitness remodel. The driveway access on Leona Road will shift slightly to the east. The access will still align with the Best Buy driveway on the north side of Leona Road. The entrance oﬀ Leona Road will be extended into the site, creating a “T” intersection in the center of the site where vehicles will choose to turn right to the new Shake Shack or 11611 Leona Road or to the left for Planet Fitness or Valvoline. This will allow incoming traﬃc more time to decide which way to turn within the site, and it provides queue space for vehicles waiting to exit the site onto Leona Road. There are existing sidewalks along Leona Road and Den Road within the public right-of-way. The developer proposes an ADA compliant sidewalk connecting the sidewalk on Leona Road to the Shake Shack and Planet Fitness buildings. The sidewalk will run parallel to the new entrance oﬀ Leona Road. A traﬃc study was conducted as part of this application given the increased number of commercial uses on the site. Most traﬃc to the site is anticipated to come from the Flying Cloud Drive/Leona Road/Town Center Place intersection. The study found there is enough capacity in the surrounding road system to accommodate additional development without creating congested conditions at nearby intersections or roads. Parking Shake Shack needs a minimum of 24 parking stalls per City Code and is meeting that requirement. Planet Fitness requires a minimum of 93 parking stalls and is providing 105. The Valvoline meets the required 10 parking stalls by City Code. The overall PUD area will have 140 stalls in total, exceeding the number of stalls required by City Code for all three (3) uses. This total does not include the stalls at 11611 Leona Road. There is an existing cross-access, parking, and maintenance agreement between 11609 and 11611 Leona Road. A parking analysis was conducted as part of this application. The analysis found the west side of the site, 11611 Leona Road and Shake Shack, will likely be overcapacity during lunch hours. In response, the developer removed a third use from the site and increased the size of the Shake Shack lot, allowing additional parking in the immediate area. Further, there is a shared parking agreement in place, so customers may park north or east of Planet Fitness and walk to destinations on the west half of the site. The analysis recommended a cross-parking agreement for the properties to consider having all employees park on the east side of the site to increase the number of available parking spaces on the west side of the site for customers. Shoreland 11609 Leona Road is located in the Shoreland Overlay Zoning District. With the recent amendment to the Shoreland Ordinance, commercial projects in the Shoreland Overlay Zoning District are allowed up to 70 percent impervious surface coverage or the total impervious surface area in existence on January 6, 2026. As of January 6, 2026, the site had 75 percent impervious surface coverage. The proposal reduces impervious surface coverage to 72.5 percent. Tree Loss Given the developed nature of the site, there will be little grading involved with the project. However, several trees will be removed to accommodate the new parking lot layout and buildings. Sites with approved landscape plans like 11609 Leona Road replace removed trees with a 1:1 ratio rather than by the replacement formula. A total of 24 trees will be removed, meaning 24 trees will need to be replanted on the site. The applicant is proposing to remove 16 signiﬁcant trees. Eight (8) insigniﬁcant trees will also be removed. Trees have already been removed around the stormwater pond. These trees were not included as removals on the Phase I Redevelopment Plan. Per the Development Agreement, trees removed above and beyond the approved tree removal plan require replacement on a caliper inch to caliper inch basis. Five (5) of these trees removed were signiﬁcant and one (1) was insigniﬁcant. The Developer will be required to plant approximately 89 caliper inches onsite or pay fee in lieu to the tree preservation fund for caliper inches that cannot be met onsite. The Development Agreement will include language to address this requirement and conﬁrm the required caliper inch replacement. Landscaping and Tree Replacement Plan The Valvoline building is over 20 feet tall; City Code requires single story buildings over 20 feet tall to double the landscaping requirement to match the landscaping onsite to the scale of the building. Valvoline is required to provide 12 caliper inches of landscaping per City Code, and Shake Shack is required to provide 10 caliper inches. The landscaping plan includes both landscaping trees, vegetated parking lot islands, and shrubs that exceed the requirements of City Code. Consistent with other inﬁll development projects for sites with approved landscape plans, removed trees will be replaced on a 1:1 ratio. 34 trees will be removed, and 34 replacement trees are provided around the new buildings and stormwater pond. The landscaping plan meets the city code requirements, and the tree replacement requirements will be outlined in the development agreement. Sustainability The Sustainable Building Standard does not apply to this project. As part of the PUD, the developer will install two (2) electric vehicle charging stations on the Shake Shack property. Planning Commission Recommendation Planning Commission voted 7-0 to recommend approval of the Planned Unit Development Concept Plan Review, Planned Unit Development District Review with Waivers, Preliminary Plat, and Site Plan Review on 3.44 acres. This was conditioned on the developer submitting revised building elevations for the Shake Shack building showing additional color contrast or material continuity to tie both sections of the building together. This has been addressed by using the same stone material as wainscoting on both sections of the building. The previous version had a diﬀerent style of stone between the glass doors and windows on the main entrance façade. Using the same stone material between the glass and as the wainscoting helps tie all sections of the building together. The Planning Commission recommendation for approval was also conditioned on the tree removal exhibit and landscaping/tree replacement plan being updated to account for trees removed outside of the previously approved plans for the site. The tree replacement caliper inches can be planted onsite or if the remainder of the replacement requirement will be paid to the tree preservation fund. This will be addressed in the Development Agreement Amendment to ﬁnalize the caliper inch replacement requirement. The project review period ends on September 25, 2026. ATTACHMENTS Resolution for PUD Concept Review Ordinance for PUD District Review with Waivers Resolution for Preliminary Plat Planning Commission Staﬀ Report Unapproved Planning Commission Minutes Public Comments City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF 11609 LEONA ROAD REDEVELOPMENT PHASE II FOR TOLD DEVELOPMENT COMPANY 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 June 22, 2026, on 11609 Leona Road Redevelopment Phase II by Told Development Company 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 July 14, 2026. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. 11609 Leona Road Redevelopment Phase II, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated July 7 and 8, 2026. 3. That the PUD Concept meets the recommendations of the Planning Commission dated June 22, 2026. ADOPTED by the City Council of the City of Eden Prairie this 14th day of July, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk EXHIBIT A PUD Concept Legal Description: Lots 1-3, Block 1, Ridgecrest Flying Cloud Addition, Hennepin County, Minnesota. Outlot A, Block 1, Ridgecrest Flying Cloud Addition, Hennepin County, Minnesota. City of Eden Prairie Hennepin County, Minnesota Ordinance No. __–2026 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That the land is currently designated within the Commercial-Regional-Service Zoning District, as reﬂected in Ordinance No. 13-2024-PUD-09-2024 (hereinafter “PUD-09- 2024”). Section 3. That action was duly initiated proposing that the designation of the land be amended within the Commercial-Regional-Service Zoning District as -2026-PUD-_-2026 (hereinafter "PUD-_-2026”). Section 4. The City Council hereby makes the following ﬁndings A. PUD-_-2026 is not in conﬂict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2026 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-_-2026 are justiﬁed by the design of the development described therein. D. PUD-_-2026 is of suﬃcient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted that PUD-09-2024 be amended and the designation of the land shall be, and hereby is amended in the Commercial-Regional-Service Zoning District as Planned Unit Development PUD-_-2026 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated October 15, 2024 entered into between Ridgecrest Eden Prairie II LLC and the City of Eden Prairie, as amended by the terms and conditions of that certain First Amendment to Development Agreement dated ______________, 2026, entered into between Ridgecrest Eden Prairie II LLC and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2026, and are hereby made a part hereof. Section 7. City Code Chapter 1 entitled “General Provisions and Deﬁnitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 8. This Ordinance shall become eﬀective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14th day of July, 2026, 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 _____________________. ATTEST: David Teigland, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the _______________, 2026. City of Eden Prairie Hennepin County, Minnesota Summary of Ordinance No. __-2026-PUD-__-2026 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 Commercial-Regional-Service Zoning District within a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property Eﬀective Date: This ordinance shall take eﬀect upon publication. ATTEST: David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on the _________________, 2026. (A full copy of the text of this Ordinance is available from City Clerk). City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION APPROVING THE PRELIMINARY PLAT OF 11609 LEONA ROAD REDEVELOPMENT PHASE II FOR TOLD DEVELOPMENT COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the parcel(s) legally described in Exhibit A attached, named 11609 Leona Road Redevelopment Phase II for Told Development Company stamp dated July 8, 2026, and consisting of 3.44 acres into three lots and one outlot, a copy of which is on ﬁle at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers, approval of a Site Plan Review, and approval of the First Amendment to the Development Agreement. ADOPTED by the City Council of the City of Eden Prairie this 14th day of July, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk EXHIBIT A Preliminary Plat Legal Description: Lots 1-3, Block 1, Ridgecrest Flying Cloud Addition, Hennepin County, Minnesota. Outlot A, Block 1, Ridgecrest Flying Cloud Addition, Hennepin County, Minnesota. Planning Commission Staff Report Date: June 22, 2026 Location: 11609 Leona Road Subject: 11609 Leona Road Redevelopment Phase II From: Sarah Strain, Planner II Applicant: Kimley-Horn on behalf of Told Development Company Review period expires: September 25, 2026 ITEM DESCRIPTION Told Development Company, the property owner, is proposing to redevelop the northern portion of the parking lot at 11609 Leona Road. A new drive-thru Shake Shack is proposed to be constructed in the northwest corner of the site, and a new Valvoline Instant Oil Change is proposed to be constructed in the northeast corner of the site. The developer is proposing to plat the property so each building has its own parcel. REQUESTED ACTIONS • Planned Unit Development Concept Plan Review on 3.44 acres • Planned Unit Development District Review with Waivers on 3.44 acres • Preliminary Plat of 3.44 acres into three lots and one outlot • Site Plan Review on 3.44 acres PROJECT DESCRIPTION/ BACKGROUND COMPREHENSIVE PLAN AND ZONING The property is zoned Commercial-Regional-Services (C-REG-SER) and is guided Regional Commercial in the comprehensive guide plan. There are no proposed zoning or guide plan changes with this application. SITE PLAN A new drive-thru Shake Shack is proposed for the northwest corner of the site. The new building will be roughly 3,150 square feet and will offer both drive-thru and dine-in options for customers. The drive-thru has capacity for approximately 11 vehicles, meeting anticipated business need and preventing queuing into internal drive lanes or Leona Road. The drive-thru will be on the north side of the building, along Leona Road, allowing parking to be located behind the building and to better facilitate cross-parking and access between the parcels. A Valvoline Instant Oil Change is proposed for the northeast corner of the site. The building will have three (3) drive-thru bays and be approximately 1,870 square feet. Queuing to the south of the building can support up to three (3) cars per bay, which is anticipated to meet business needs. Staff Report – 11609 Leona Road Redevelopment Phase II June 22, 2026 Page 2 The north end of the parking row on the Valvoline site is striped to show no parking. To comply with City Code, a landscaped island is needed. Prior to City Council, the applicant will need to submit a revised site plan and landscape plan showing a planted island at the end of the parking row. The remainder of the north portion of the lot will be part of the Planet Fitness parcel and be a parking lot to support all site users. There are cross parking agreements for all three (3) 11609 Leona Road users (Shake Shack, Valvoline, and Planet Fitness) and between 11609 Leona Road and 11611 Leona Road, the Qdoba/Caribou building. The following image shows the proposed site plan. PRELIMINARY PLAT The developer is proposing to subdivide 11609 Leona Road into three (3) lots and one (1) outlot. The three (3) new lots meet the lot dimensional standards of the C-REG-SER zoning district. Both new buildings will encroach into the front yard setback to accommodate required parking and internal traffic circulation; all other setbacks are to be met. The specific waiver requests are outlined in more detail below.. Each building in the Preliminary Plat will have its own parcel and enough parking spaces on the parcel to meet City Code requirements. The stormwater pond along Flying Cloud Drive will be in an outlot to be owned and maintained by Told Development. Told Development is currently planning to own all three (3) lots and the outlot shown in this Preliminary Plat. Individual parcels may be sold in the future. Staff Report – 11609 Leona Road Redevelopment Phase II June 22, 2026 Page 3 SIGNS The developer is requesting a sign size wavier to increase the size of the freestanding sign at the intersection of Flying Cloud Drive and Leona Road. The waiver would allow up to 116 square feet of freestanding signage at the intersection and a 107 square foot sign base to support the signage. A sketch of the proposed sign design is shown below. The current site plan shows this freestanding sign at the intersection and a smaller, code compliant sign along Den Road in the southeast corner of the property, where there is an existing sign. City Code allows one (1) freestanding sign per street frontage for Commercial zoned property. With the Preliminary Plat creating three (3) lots, this would create the potential for a total of five (5) signs in this development; one for Shake Shack’s Leona Road frontage, two (2) for Valvoline’s frontages, and two (2) for Planet Fitness with frontage on both Den and Leona Roads. If all these signs were maximized, there could be a total of 312 square feet of signage along Den and Leona Roads. The maximum sign area the developer is proposing is 152 square feet; 116 square feet at the intersection of Flying Cloud Drive and Leona Road and 36 square feet along Den Road. Consolidated signage is generally encouraged in PUD area plans to address sign proliferation. There is an existing agreement that allows off-site signage for the tenants at 11611 Leona Road to have signage at the Flying Cloud Drive/Leona Road sign location. This was approved when 11611 Leona Road was platted and built in the early 2000s. This is a unique circumstance given the landlocked nature of 11611 Leona Road that creates the need for additional sign area at the intersection. With the Preliminary Plat, the allowance for off- site signage will need to be expanded to allow Lots 2 and 3 to install signage off-site on Lot 1. Permitting off-site signage through a waiver would allow the current conditions to continue onsite once the new property lines are created. The applicant is planning to reuse the existing sign base for the new freestanding sign. The small wall will be removed, but the existing piers will be kept and clad in brick to match the buildings onsite. The columns will be 20 feet tall and hold the sign area between the columns. City Code allows the sign base to be a maximum of half the size of the sign. With a proposed area of 116 square feet, the maximum sign base permitted would be 58 square feet. The total area of the Sketch showing the proposed sign at the intersection of Flying Cloud Drive and Leona Road. Staff Report – 11609 Leona Road Redevelopment Phase II June 22, 2026 Page 4 two columns is 107 square feet. The additional sign base area supports the larger sign area requested and accounts for the brick columns that contribute to the site’s cohesive vision and higher architectural standard. While the applicant is reusing the existing piers for the freestanding sign, the sign was built within the required 15-foot setback, meaning a waiver is needed to approve the current sign location and allow the reuse of the piers. The sign is located approximately 10 feet from the property line and has been in this location since 1997. Wall signage is permitted on all four (4) sides of buildings in the C-REG-SER zoning district. Signage will be permitted administratively through a separate application. 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 City must make a finding that the proposed development is not in conflict with the Guide Plan goals, that the design is desirable and uniform within the PUD boundary area, that waivers from City Code standards requirements are justified by the design of the PUD area, and the PUD area is a complete and feasible design plan. To support the design vision for the site and to create a uniform development area, the applicant is requesting the following waivers: A. Front Yard Setback City Code requires structures in the Commercial-Regional-Services zoning district to be setback a minimum of 35 feet from front lot lines. The proposed Shake Shack building is setback 18.5 feet from the north property line. This reduced setback supports the effort to locate parking away from the street and facilitates sharing amongst business within the shopping center. The proposed Valvoline building is setback 21.3 feet from the east property line. The unique circumstance for this property is that it is a corner lot, requiring larger setbacks on two (2) sides of the property while maintaining internal access. The standard side yard setback is 20 feet. B. Sign Size The applicant is asking to increase the size of the freestanding sign at the intersection of Flying Cloud Drive and Leona Road to 116 square feet. City Code allows Commercial zoned properties freestanding signage on every street frontage with one (1) sign/frontage allowed 80 square feet of signage and each subsequent frontage being allowed 36 square feet of signage. The applicant is proposing to take two (2) of the allowed sign areas and combine them into one (1) larger sign at the main intersection, Flying Cloud Drive and Leona Road. To support the larger sign area size, a larger sign base is also required. The proposed sign needs a waiver to allow a 107 square foot base. Staff Report – 11609 Leona Road Redevelopment Phase II June 22, 2026 Page 5 An existing agreement allows off-site signage for the tenants at 11611 Leona Road to have signage at the Flying Cloud Drive/Leona Road sign location. This was approved when 11611 Leona Road was platted and built in the early 2000s. This is a unique circumstance given the landlocked nature of 11611 Leona Road that creates the need for additional sign area at the intersection. C. Sign Location The Preliminary Plat creates new lots, meaning a waiver is needed to support off- site signage of other businesses in the PUD area on sign at the Flying Cloud Drive/Leona Road intersection. A waiver for off-site freestanding signage for Lots 2 and 3 of the Preliminary Plat is requested. As noted above, a waiver already exists to allow off-site signage for 11611 Leona Road on the 11609 Leona Road sign. The three (3) lots/buildings in the Preliminary Plat and 11611 Leona Road create a unified development with shared access, parking, and maintenance. Shared signage supports the unified PUD area and reduces visual clutter from signs elsewhere on the site. City Code requires signs to be setback at least 15 feet from the public right-of-way. The applicant is reusing the current sign base for the new freestanding sign. However, the sign was installed within the 15 foot setback requirement. To reuse the existing sign base, a waiver is needed to approve a 10.5 foot setback from Leona Road. The sign has existed in this location since 1997, and the base will be refurbished when the new sign is installed. ACCESS AND STREET CONNECTIONS The developer will be making several changes to improve internal circulation on the site. The northeast driveway access on Den Road will be closed to remove conflict between incoming traffic and vehicles exiting Valvoline. The access further south on Den Road will remain; this was built with the Planet Fitness remodel. In the proposed site plan, shown on the previous page, the driveway access on Leona Road will shift slightly to the east. The access will still align with the Best Buy driveway on the north side of Leona Road. Altering the access location allows the Shake Shack parcel to have sufficient space to meet parking requirements. The entrance off Leona Road will be extended into the site, creating a “T” intersection in the center of the site where vehicles will choose to turn right to the new Shake Shack or the existing strip mall (11611 Leona Road) or to the left for Planet Fitness or Valvoline. This will allow incoming traffic more time to decide which way to turn within the site, and it provides queue space for vehicles waiting to exit the site onto Leona Road. Updated pavement striping and internal directional signs will provide traffic control. TRAFFIC STUDY A traffic study was conducted as part of this application given the increased number of commercial uses on the site. Most traffic to the site is anticipated to come from the Flying Cloud Drive/Leona Road/Town Center Place intersection. The study found there is enough capacity in Staff Report – 11609 Leona Road Redevelopment Phase II June 22, 2026 Page 6 the surrounding road system to accommodate additional development without creating congested conditions at nearby intersections or roads. PARKING City Code requires one (1) stall for every 2.5 seats in a fast-food restaurant use and five (5) stalls for every 1,000 square feet of retail for buildings less than 30,000 square feet. Based on these requirements, Shake Shack needs a minimum of 24 parking stalls and is meeting that requirement. Planet Fitness requires a minimum of 93 parking stalls and is providing 105. The Valvoline requires 10 parking stalls by City Code and is proposing 10 spaces. The overall PUD area will have 140 stalls in total, exceeding the number of stalls required by City Code for all three (3) uses. This total does not include the stalls at 11611 Leona Road. There is an existing cross-access, parking, and maintenance agreement between 11609 and 11611 Leona Road. A parking analysis was conducted as part of this application. The analysis found the west side of the site, 11611 Leona Road and Shake Shack, will likely be overcapacity during lunch hours. In response, the developer removed a third use from the site and increased the size of the Shake Shack lot, allowing additional parking in the immediate area. Further, there is a shared parking agreement in place, so customers may park north or east of Planet Fitness and walk to destinations on the west half of the site. The analysis recommended a cross-parking agreement for the properties to consider having all employees park on the east side of the site to increase the number of available parking spaces on the west side of the site for customers. SIDEWALKS There are existing sidewalks along Leona Road and Den Road within the public right-of-way. The developer is proposing to install an ADA compliant sidewalk connecting the sidewalk on Leona Road to the Shake Shack and Planet Fitness buildings. The sidewalk will run parallel to the new entrance driveway off of Leona Road. BUILDING ARCHITECTURE AND MATERIALS As part of a PUD area, the intention with infill buildings is to carry the visual qualities of other structures in the area through to the new structures to create a unified environment within the PUD boundary area. The image on the right shows the current Planet Fitness Building. Picture of the current Planet Fitness building at 11609 Leona Road Staff Report – 11609 Leona Road Redevelopment Phase II June 22, 2026 Page 7 The Valvoline building is proposed to be brick, stone, and glass. The building meets the City’s architectural standards, and the materials used compliment the existing building onsite. Renderings of the proposed building are shown below. Rendering of North and West Sides of Valvoline, which faces Leona Road and the entrance driveway. Rendering of the south side of Valvoline, which faces Planet Fitness. The Shake Shack proposes to use brick, stone, and glass in their design, shown in renderings on the following page. The cream color compliments the EFIS on the Planet Fitness, and the dark brown brick for the “back of house” is similar to the accent bands on Planet Fitness. The wainscoting and drive-thru window area are stone. As designed, the Shake Shack building has a distinct “front” and “back” appearance with few design elements shared between the cream and dark brown portions of the building. Staff recommends that additional color contrast or material Staff Report – 11609 Leona Road Redevelopment Phase II June 22, 2026 Page 8 continuity is incorporated into the design to tie both sections of the building together. This change will need to be reflected prior to City Council. Rendering of the south side of Shake Shack, which faces 11611 Leona Road Rendering of the north and west sides of Shake Shack, which faces Leona Road and Flying Cloud Drive. SHORELAND 11609 Leona Road is located in the Shoreland Overlay Zoning District. With the recent amendment to the Shoreland Ordinance, commercial projects in the Shoreland Overlay Zoning District are allowed up to 70 percent impervious surface coverage or the total impervious surface area in existence on January 6, 2026. As of January 6, 2026, the site had 75 percent impervious surface coverage. The proposal reduces impervious surface coverage to 72.5 percent. DRAINAGE/STORMWATER MANAGEMENT Stormwater will be collected and directed to the underground management systems on site constructed as part of the Planet Fitness project in 2024. These systems will provide retention of stormwater. The soils on the site are not suitable for infiltration. There is an existing stormwater Staff Report – 11609 Leona Road Redevelopment Phase II June 22, 2026 Page 9 pond on the far western side of the site, along Flying Cloud Drive. This pond will remain and continue to serve both 11609 and 11611 Leona Road. UTILITIES 11609 Leona Road is served by City sewer and water. There is sufficient capacity in both systems in this area to accommodate the proposed buildings and uses. TREE LOSS AND GRADING Given the developed nature of the site, there will be little grading involved with the project. However, several trees will be removed to accommodate the new parking lot layout and buildings. Sites with approved landscape plans like 11609 Leona Road replace removed trees with a 1:1 ratio rather than by the replacement formula. A total of 24 trees will be removed, meaning 24 trees will need to be replanted on the site. The applicant is proposing to remove 16 significant trees. Eight (8) insignificant will also be removed. Trees have already been removed around the stormwater pond. These trees were not included as removals on the Phase I Redevelopment Plan. Per the Development Agreement, trees removed above and beyond the approved tree removal plan require replacement on a caliper inch to caliper inch basis. Five (5) of these trees removed were significant. The Developer will be required to plant 89 caliper inches onsite or pay fee in lieu to the tree preservation fund for caliper inches that cannot be met onsite. The Development Agreement will include language to address this requirement. LANDSCAPING AND TREE REPLACEMENT PLAN The Valvoline building is over 20 feet tall; City Code requires single story buildings over 20 feet tall to double the landscaping requirement to match the landscaping onsite to the scale of the building. Valvoline is required to provide 12 caliper inches of landscaping per City Code, and Shake Shack is required to provide 10 caliper inches. The landscaping plan includes both landscaping trees, vegetated parking lot islands, and shrubs that exceed the requirements of City Code. Consistent with other infill development projects for sites with approved landscape plans, removed trees will be replaced on a 1:1 ratio. 34 trees will be removed, and 34 replacement trees are provided around the new buildings and stormwater pond. Landscape and Tree Replacement Plan on the north side of 11609 Staff Report – 11609 Leona Road Redevelopment Phase II June 22, 2026 Page 10 The current landscape and tree replacement plan show 56.5 caliper inches of tree replacement to account for the trees removed outside of the approved plan. 32.5 inches need to be accounted for. Prior to City Council, the developer will work with staff and confirm if these caliper inches can be planted onsite, either through additional plantings or increasing sizes of proposed trees, or if the remainder of the replacement requirement will be paid to the tree preservation fund. SUSTAINABILITY The Sustainable Building Standard does not apply to this project. As part of the PUD, the developer will install two (2) electric vehicle charging stations on the Shake Shack property. LIGHTING A photometric plan was provided with the application. The plan illustrates uniform lighting throughout the parking lot and meets code requirements at the periphery of the site. PROJECT PHASING This is Phase II of a redevelopment project. The partial demolition and remodel of the Office Depot into Planet Fitness and underground stormwater management within the parking lot were Phase I. A drive-thru Starbucks was also approved in Phase I; this project is no longer moving forward, and Shake Shack intends to occupy the northwest corner of the site instead. NEIGHBORHOOD INPUT Staff received a letter from the adjacent property owner at 11611 Leona Road stating support for the redevelopment. The letter is attached to this packet. STAFF RECOMMENDATION Staff recommends approval of the Planned Unit Development Concept Plan Review, Planned Unit Development District Review with Waivers, Preliminary Plat, and Site Plan Review on 3.44 acres CONDITIONS OF APPROVAL This is based on plans dated June 15, 2026 and the following conditions: 1. Prior to the 1st reading by the City Council, the applicant must: A. Submit revised building elevations showing additional color contrast or material continuity is incorporated into the Shake Shack building design to tie both sections of the building together. B. Work with staff and confirm if remaining tree replacement caliper inches can be planted onsite or if the remainder of the replacement requirement will be paid to the tree preservation fund, updating the narrative and landscaping/tree replacement plan accordingly. 2. Prior to release of the final plat, the applicant must: A. Provide a Cross Access, Parking and Utility Easement document over the private driveways, parking areas, and infrastructure located on the Property that provides cross access, shared parking, and utility access between Lots 1, 2, and 3 of Ridgecrest Flying Cloud First Addition and 11611 Leona Road. Staff Report – 11609 Leona Road Redevelopment Phase II June 22, 2026 Page 11 3. Prior to land alteration permit issuance, the applicant must: A. Obtain permits and approvals from other agencies as needed. 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. Obtain and provide documentation of Watershed District approval. E. Notify the City and Watershed District 48 hours in advance of grading. F. Provide a construction grading limit and tree protection plan for review and approval by the City. G. Install erosion control at the grading limits of the property for review and approval by the City. H. Install fencing at the construction grading limits and tree protection areas as shown on the approved plans. I. Submit and receive written approval of an executed landscape agreement. J. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of the landscaping. K. Make a cash payment for Tree Replacement as provided by City Code, if needed. L. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the cost of the land alteration. M. Provide proof that the Inspection and Maintenance Agreement for Private Stormwater Facilities has been recorded. 4. Prior to building permit issuance for the property, the applicant must: A. Provide proof that the Cross Access, Parking, and Utility Easement has been recorded. B. Provide recorded copies of any private covenants and agreements to the City following recording of the final plat. 5. The following waivers are granted through the PUD for the project as indicated in the plans dated June 15, 2026. A. Front Yard Setback – City Code requires structures in the C-REG-SER- zoning district to be 35 feet from the front property line. This waiver allows the building on Lot 1 to have an 18.5-foot setback. This waiver also allows the building in Lot 3 to have a 21.3-foot setback from the Den Road property line. B. Sign Size - City Code allows Commercial zoned properties freestanding signage on every street frontage with one (1) sign/frontage allowed 80 square feet of freestanding signage and each subsequent frontage being allowed 36 square feet of signage. This waiver allows two (2) of the permitted sign areas to be combined into one (1) larger 116 square foot sign at the main intersection, Flying Cloud Drive and Leona Road. A second freestanding sign is permitted on Den Road that meets code requirements. Staff Report – 11609 Leona Road Redevelopment Phase II June 22, 2026 Page 12 City Code allows sign bases to be up to half the area of the sign it is supporting. A waiver is granted to allow a sign base of 107 square feet to support the increased sign area and continue to the architectural unity of the PUD area into the sign design. C. Sign Location – A waiver is granted to allow offsite signage for Lots 2 and 3 of the Preliminary Plat to locate on the freestanding sign on Lot 1. A waiver already exists to allow offsite signage for 11611 Leona Road to locate on this sign. City Code requires freestanding signs to be 15 feet from the front property line. This waiver allows the freestanding sign at the intersection of Flying Cloud Drive and Leona Road to have a 10.5-foot sign setback from the property line. 6. Prior to issuance of an Occupancy Permit, the applicant must: A. Complete implementation of the lighting plan in Exhibit B. B. Complete construction of mechanical equipment screening. C. Install EV charging equipment that is fully operational. D. Complete construction of the trash enclosures. E. Complete implementation of the approved exterior materials and colors plan. ATTACHMENTS 1. Public Comments Unapproved Minutes Eden Prairie Planning Commission Meeting 7 p.m. Monday, June 22, 2026 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES Commission Members: John Kirk, Steve Schumacher, Ed Farr, Robert Taylor, Daniel Grote, Frank Sherwood, Pete Palmisano, Phou Sivilay, Trisha Duncan City Staff: Jeremy Barnhart, City Planner; Carter Shulze, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Kristin Harley, Recording Secretary MEETING AGENDA I. Call the Meeting to Order Chair Duncan called the meeting to order at 7 p.m. Commission Members Taylor and Kirk were absent. II. Pledge of Allegiance III. Approval of Agenda MOTION: Schumacher moved, seconded by Palmisano, to approve the agenda. Motion carried 7-0. IV. Minutes A. Planning Commission meeting held Monday, June 8, 2026 MOTION: Sherwood moved, seconded by Palmisano, to approve the minutes of the Planning Commission Monday, June 8, 2026. Motion carried 7-0. V. Public Hearings A. 11609 Leona Road Phase II (2026-03) 1. Planned Unit Development Concept Review on 3.44 acres 2. Planned Unit Development District Review with Waivers on 3.44 acres 3. Preliminary Plat of 3.44 acres into three lots and one outlot PLANNING COMMISSION MEETING MINUTES June 22, 2026 Page 2 4. Site Plan review on 3.44 acres. Gary Dreyer, of Told Development, 200 Southdale Center, Edina, displayed a PowerPoint and detailed the application. The old Office Depot had been demolished and Dreyer proposed to build a Shake Shack and a Valvoline on the site. The Planet Fitness opened in January 2025, but the proposed Starbucks fell through. Dreyer displayed past and current conditions (Phase I) showing the completion of the east parking lot and the Planet Fitness. Dreyer displayed the Site Plan showing the proposal situated between Den Road and Flying Cloud Drive on Leona Road. He displayed the elevations and explained he had worked with staff to integrate these in terms of materials and design. He displayed the renderings, showing the matching brick. Dreyer highlighted the sustainability features: stormwater management above and below ground, improved pedestrian/bicycle connectivity, including a sidewalk that would tie in Planet Fitness, enhanced landscaping, EV charging stations at Shake Shack, building material reuse, and the reduction of impervious surface. Farr asked the purpose of the eastern driveway, and Dreyer replied it would be service drive for trucks to Valvoline, which could also be a bypass access for customers. Barnhart presented the staff report. There would be no zoning change or Comprehensive Plan amendment. The waivers requested front yard setbacks for both sites. The Shake Shack site waiver would be a 18.5-foot setback from Leona instead of the required 35 feet, and the Valvoline site would be a 21.3-foot setback from Den Road instead of the required 35 feet. The waivers would bring the buildings closer to property lines allowing for increased internal parking and circulation. Regarding the sign waivers, the existing sign at the northwest corner would be reused, but the sign area would be enlarged, and the setback would be 10.5 instead of 15 feet. Two freestanding signs would be combined into one at the corner of Flying Cloud Drive and Leona Road. There was an opportunity for more freestanding signs, but the applicant was proposing only two. The site allowed for two signs, one at 80 square feet and one at 36 square feet, but the applicant was combining them into one. The applicant would also use the existing materials instead of creating one solid mass at the existing sign’s base. This sign also had an agreement with the existing Qdoba and Caribou lot, so the development agreement would stipulate the corner sign would also advertise the Shake Shack and Valvoline businesses. To improve access and circulation, an eastern driveway was shifted away from PLANNING COMMISSION MEETING MINUTES June 22, 2026 Page 3 the intersection of Leona and Den Roads to provide access to the Shake Shack lot, which also enlarged the lot. The Valvoline met all parking requirements, and there were no parking waivers. The Planet Fitness exceeded parking requirements, and there would be cross parking and access easement between the three businesses. There would be additional sidewalks on the site. A parking study and a traffic study had been conducted, and the development was consistent with all City Codes and standards. Staff had a comment on the architecture. While the buildings met material requirements, staff noted that there should be some communication between the buildings, though not necessarily a match. The Shake Shack did share materials with the Planet Fitness building, but there was a band of soldier course brick proposed for the Shake Shack building that staff suggested could be brought out more. Barnhart showed color renderings showing the materials and color communication and pointed out the soldier course, the color of which was perhaps too subtle. The Valvoline proposal did a good job of bringing out the characteristics between buildings. Staff recommended approval subject to the conditions outlined in the staff report. Farr asked for and received clarification Qdoba and Caribou buildings would also share parking with the new development during what were anticipated to be two lunchtime rushes. He asked for and received confirmation the parking easements would remain unchanged after the applicant sold off the two outlots. Farr added he appreciated the attempt at consistency within reason with a 1980s building, and he agreed with bringing the design up to date. Schumacher expressed concern about traffic congestion around the Shake Shack area. He asked for the best route for those working at Shake Shack in the winter and if there were pedestrian walkways from Leona. Barnhart replied there were two sidewalks: one from the east parking area through the central parking area, and along Leona Road. Duncan asked for and received confirmation staff was comfortable with the signage sightline issues at Leona Road and Flying Cloud Drive. Barnhart added wall signage was also allowed within the site. There is a sign in the southeast corner of the site. Duncan asked for and received confirmation the driveway closer to the corner of Leona Road and Den Road would be closed in favor of access along Den Road. Farr asked if the signage consolidation would come with a restriction to new owners and future property owners of a monument sign, potentially defeating the purpose of a consolidation waiver. Barnhart replied there was no restriction, but City Ordinance did have certain requirements that would prevent a PLANNING COMMISSION MEETING MINUTES June 22, 2026 Page 4 monument sign. Staff could bring a recommendation forward to the City Council if this was a concern. MOTION: Grote moved, seconded by Palmisano, to close the public hearing. Motion carried 7-0. Farr commended the project, saying it would be a good completion of the Phase I seen years ago, and he supported all waivers and the circulation with the reconstructed driveway. Duncan also commended the development, including the water treatment on site. MOTION: Farr moved, seconded by Grote, to recommend approval Planned Unit Development Concept Review on 3.44 acres; Planned Unit Development District Review with Waivers on 3.44 acres; Preliminary Plat of 3.44 acres into three lots and one outlot; and the Site Plan review on 3.44 acres as recommended by staff as represented in the June 22, 2026 staff report Motion carried 7-0. B. 6345 Eden Prairie Road Zone Change (2026-06) 1. Request for approval of a Zone Change from Public to R1-22 on two parcels, totaling 1.22 acres. Barnhart presented the staff report. The City of Eden Prairie was the applicant. In reviewing an application for a deck, staff discovered the property had been zoned Public since 1969, though this was a single-family home, and the family wished to make improvements to the property. This zoning change would bring the property into compliance with its actual and intended use. There were comments and questions from the public, some of whom were concerned about a new development, which this was not, but a correction to the Zoning Map. Neighbors were also concerned about tree removal. Forestry staff was working with the property owner about their tree removal. There was no intention of future subdivision of the property. The small parcel to the north was also owned by this property owner; both properties needed to be combined for the rezoning. Mal Fay, resident at 15600 Eden Prairie Road, asked for and received confirmation there would be no new development and the house would remain as is. Barnhart explained this was no development and added any landscaping and interior work would not need Planning Commission approval. Fay stated his real concern was the speed limit on Eden Prairie Road. This had a blind bend to the south, a dip to the north, with a 40-mph speed limit from PLANNING COMMISSION MEETING MINUTES June 22, 2026 Page 5 County Road 5 to Valley View Road, then a 45-mph speed limit from there to Townline, then at 35 mph speed limit after crossing into Minnetonka. He suggested a consistent 35 miles per hour speed from County Road 5 into Minnetonka, as many drivers actually drove 55 miles per hour. Duncan suggested he speak with City Engineer Schultze after the meeting. MOTION: Palmisano moved, seconded by Schumacher, to close the public hearing. Motion carried 7-0. Duncan commended the City bringing this forward so as not to place the burden on the applicant. She stated she appreciated the public comments. MOTION: Schumacher moved, seconded by Palmisano, to recommend approval Request for approval of a Zone Change from Public to R1-22 on two parcels, totaling 1.22 acres as recommended by staff as represented in the June 22, 2026 staff report. Motion carried 7-0. VI. Reports A. Planners report B. Members’ reports VII. Adjournment MOTION: Farr moved, seconded by Schumacher, to adjourn the meeting. Motion carried 7-0. Chair Duncan adjourned the meeting at 7:39 p.m. h 1 MER IT COMMERCIAL 12 June 2026 INVESTMENTS Eden Prairie Planning Commission Eden Prairie, MN RE: Planning Commission Public Hearing, June 22, 2026 Dear Commissioner, I own the property at 11611 Leona Road in Eden Prairie, which contains a small retail center with tenants Qdoba, Cell Phone Repair, and Caribou Coffee. My property sits adjacent to the larger parcel at 11609 Leona Road, which is currently under consideration for a Shake Shack restaurant and Valvoline Instant Oil Change building. Whereas in 2024 I was opposed to the previously planned Starbucks restaurant, because it would have been very close to my Caribou Coffee, I fully support the addition of these two proposed businesses. I believe they would enhance both centers, and the Shake Shack would complement the restaurant options at my center. I recommend that the planning commission act favorably on TOLD Development's application. Should you have any questions, please contact me at muellere737@gmail.com or 360-518-9995. Sincerely, President 3219 56th Place SW Seattle, WA 98116-3105 360.518.9995 meritcommercialinvestments.com City Council Agenda Cover Memo Date: July 14, 2026 Section: Public Hearing Item Number: VIII.C. Department: Community Development/Planning Julie Klima/Sarah Strain ITEM DESCRIPTION The City is requesting a zoning district change from Public to R1-22 on two parcels, totaling 1.22 acres. Both parcels are privately owned, and a single-family home is located on one of the parcels at 6345 Eden Prairie Road. There are no proposed changes in the use of the properties. REQUESTED ACTION Move to: • Close the Public Hearing; and • Approve the 1st Reading of an Ordinance for a Zoning District Change from Public to R1- 22 on 1.22 acres SUMMARY 6345 Eden Prairie Road and Parcel #04-116-22-21-0003 immediately north of the addressed lot are owned by the same person. It was discovered as part of a building permit review that the properties are zoned Public rather than a single-family zoning district. This creates use and setback issues as any new addition or accessory structure must meet the Public Zoning District setback requirements. Single family homes are not permitted in the public zoning district. Currently, 6345 Eden Prairie Road is not wide enough to allow any structure additions based on the Public Zoning District setback requirements. The applicant is proposing to rezone both lots to R1-22, a total of 1.22 acres, to better align the zoning to the use of the land. The house was built in 1940, predating the Zoning Ordinance. Through historical research, it appears both properties were zoned Public when the Zoning Ordinance was established in 1969 due to its proximity to Birch Island Park. The legal description that zoned Birch Island Park as Public in 1969 includes the subject properties and is described in metes and bounds. The error in the zoning of these properties was not discovered until recently, when the property owner applied for a building permit and staﬀ conducted their standard zoning compliance review. 6345 Eden Prairie Road is guided Low Density Residential in the Comprehensive Plan. The Low Density Residential guiding has been applied to the property in the Comprehensive Plan for at least the last 25 years, since 2003 Comprehensive Plan. Parcel #04-116-22-21-0003 is guided Parks and Open Space. This is an inadvertent guiding due to the proximity to Birch Island Park and the small size of the parcel. This parcel will be guided Low Density Residential during the next comprehensive plan update to remove the discrepancy. A zoning district change to R1-22 is consistent with the comprehensive land use plan and use of the land. All neighboring residential lots are zoned R1-22, making the proposed zoning district change consistent with the neighborhood. The images below illustrate the current and proposed zoning. The image on the left shows the subject properties current zoning of Public. The image on the right shows the proposed zoning of R1-22. Currently, the unaddressed lot is not wide enough or large enough to meet the minimum requirements of the R1-22 Zoning District. The property owner has applied for an Administrative Lot Combination to combine the properties into one (1) lot. Once combined, the lot will meet or exceed the minimum lot dimensional requirements in the R1-22 Zoning District. The Administrative Lot Combination is a separate review process administered at a staﬀ level. Planning Commission recommended approval of the zoning district change by a vote of 7-0. This recommendation was with condition that 6345 Eden Prairie Road is combined with #04-116-22- 21-0003 through an Administrative Lot Combination. The project review period ends on September 24, 2026. Staﬀ received a letter prior to the Planning Commission meeting from a neighboring property owner concerned about the recent tree loss on the property and the impacts to the surrounding ecosystem and Birch Island Park. The letter asked that further development be denied on the property to preserve the natural area or delayed until an impact study could be conducted. Forestry staﬀ are working with the property owner to replace trees according to the City’s Tree Preservation Ordinance. This property is within the Shoreland Overlay Zoning District, meaning a maximum of 30 percent of the lot area may be impervious surface, limiting development on the site. The R1-22 zoning district only permits single family homes and accessory structures, which are low intensity uses. ATTACHMENTS 1. Zoning District Change Ordinance 2. Planning Commission Staﬀ Report 3. Draft Planning Commission Minutes 4. Resident Comment City of Eden Prairie Hennepin County, Minnesota Ordinance No. __–2026 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 Public Zoning District and be placed in the R1-22 Zoning District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Public Zoning District and shall be included hereafter in the R1-22 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 14th of July, 2026, 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 _____________________. ATTEST: David Teigland, City Clerk Ronald A. Case, Mayor Published in the Sun Sailor on the _______________, 2026. EXHIBIT A LEGAL DESCRIPTION To be provided prior to Second Reading of Ordinance with Lot Combination Application City of Eden Prairie Hennepin County, Minnesota Summary of Ordinance No. __–2026 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: Summary: This ordinance allows rezoning of 6345 Eden Prairie Road and parcel number 04-116- 22-21-0003 from the Public Zoning District to the R1-22 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of the properties. Eﬀective Date: This ordinance shall take eﬀect upon publication. ATTEST: David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on the _________________, 2026. (A full copy of the text of this Ordinance is available from City Clerk). Planning Commission Staff Report Date: Location: Subject: From: Applicant: Review period expires: September 24, 2026 ITEM DESCRIPTION The City is requesting a zoning district change from Public to R1-22 on two parcels, totaling 1.22 acres. Both parcels are privately owned, and a single-family home is located on one of the parcels, 6345 Eden Prairie Road. There are no proposed changes in the use of the properties. REQUESTED ACTIONS • Zoning District Change from Public to R1-22 on 1.22 acres PROJECT DESCRIPTION/ BACKGROUND The property owner owns both 6345 Eden Prairie Road and Parcel #04-116- 22-21-0003 immediately to the north of the addressed lot. These properties are outlined in red in the adjacent image. It was discovered as part of a building permit review that the properties are zoned Public rather than a single- family zoning district. This creates setback issues as any new addition or accessory structure must meet the Public Zoning District setback requirements. Currently, 6345 Eden Prairie Road is not wide enough to allow Staff Report – 6345 Eden Prairie Road Zone Change June 22, 2026 Page 2 any structure additions based on the Public Zoning District setback requirements. The current house predates City Ordinance and is allowed to be maintained within the current footprint in the Public Zoning District. The applicant is proposing to rezone both lots to R1-22, a total of 1.22 acres, better align the zoning to the use of the land. The properties are surrounded by R1-22 single-family residential to the south and west and bordered by Birch Island Park to the north and east. COMPREHENSIVE PLAN AND ZONING 6345 Eden Prairie Road is guided Low Density Residential in the Comprehensive Plan. The Low Density Residential guiding has been applied to the property on the Comprehensive Plan for at least the last 25 years, since 2003 Comprehensive Plan. However, both properties are zoned Public. Through historical research, it appears both properties were zoned Public when the Zoning Ordinance was established in 1969 due to its proximity to Birch Island Park. The legal description that zoned Birch Island Park as Public in 1969 includes the subject properties and is described in metes and bounds. The error in the zoning of these properties was not discovered until recently, when the property owner applied for a building permit and staff conducted their standard zoning compliance review. Parcel #04-116-22-21-0003 is guided Parks and Open Space. This is an inadvertent guiding due to the proximity to Birch Island Park and the small size of the parcel. This parcel will be guided Low Density Residential during the next comprehensive plan update to remove the discrepancy. The applicant is requesting to rezone 1.22 acres to R1-22, which is consistent with the comprehensive land use plan. All neighboring residential lots are zoned R1-22, making the proposed zoning district change consistent with the neighborhood. The images below illustrate the current and proposed zoning. The image on the left shows the subject properties current zoning of Public. The image on the right shows the proposed zoning of R1-22. Staff Report – 6345 Eden Prairie Road Zone Change June 22, 2026 Page 3 Currently, neither lot is wide enough to meet the minimum width requirements of the R1-22 Zoning District. The property owner has applied for an Administrative Lot Combination to combine the properties into one (1) lot. Once combined, the lot will be wide enough to meet the minimum width requirements in the R1-22 Zoning District. All other lot dimensional standards are currently met and will exceed requirements once the lots are combined. The Administrative Lot Combination is a separate review process administered at a staff level. The zoning district change will be conditioned on approval of the lot combination. RESIDENT INPUT Notice of the zoning district change was sent to property owners within 500 feet of the subject properties, and a “proposed development” sign was located on the lot to notify area residents and passers-by. It is City policy to install these signs at all properties under review for a zoning district change. In this case, there is no development proposed and the use of the land will remain a single-family home. To date, staff has received calls with questions about the rezone and any potential redevelopment. One resident submitted comments, attached to this report, regarding concerns about tree removal on the property and future development. STAFF RECOMMENDATION Recommend approval of the following request: • Zoning District Change from Public to Parks and R1-22 Zoning District on 1.22 acres. CONDITIONS OF APPROVAL This is based on the following conditions: • Approval of an Administrative Lot Combination for 6345 Eden Prairie Road and Parcel #04-116-22-21-0003. ATTACHMENTS 1. Resident Comments Unapproved Minutes Eden Prairie Planning Commission Meeting 7 p.m. Monday, June 22, 2026 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES Commission Members: John Kirk, Steve Schumacher, Ed Farr, Robert Taylor, Daniel Grote, Frank Sherwood, Pete Palmisano, Phou Sivilay, Trisha Duncan City Staff: Jeremy Barnhart, City Planner; Carter Shulze, City Engineer; Matt Bourne, Parks and Natural Resources Manager; Kristin Harley, Recording Secretary MEETING AGENDA I. Call the Meeting to Order Chair Duncan called the meeting to order at 7 p.m. Commission Members Taylor and Kirk were absent. II. Pledge of Allegiance III. Approval of Agenda MOTION: Schumacher moved, seconded by Palmisano, to approve the agenda. Motion carried 7-0. IV. Minutes A. Planning Commission meeting held Monday, June 8, 2026 MOTION: Sherwood moved, seconded by Palmisano, to approve the minutes of the Planning Commission Monday, June 8, 2026. Motion carried 7-0. V. Public Hearings A. 11609 Leona Road Phase II (2026-03) 1. Planned Unit Development Concept Review on 3.44 acres 2. Planned Unit Development District Review with Waivers on 3.44 acres 3. Preliminary Plat of 3.44 acres into three lots and one outlot PLANNING COMMISSION MEETING MINUTES June 22, 2026 Page 2 4. Site Plan review on 3.44 acres. Gary Dreyer, of Told Development, 200 Southdale Center, Edina, displayed a PowerPoint and detailed the application. The old Office Depot had been demolished and Dreyer proposed to build a Shake Shack and a Valvoline on the site. The Planet Fitness opened in January 2025, but the proposed Starbucks fell through. Dreyer displayed past and current conditions (Phase I) showing the completion of the east parking lot and the Planet Fitness. Dreyer displayed the Site Plan showing the proposal situated between Den Road and Flying Cloud Drive on Leona Road. He displayed the elevations and explained he had worked with staff to integrate these in terms of materials and design. He displayed the renderings, showing the matching brick. Dreyer highlighted the sustainability features: stormwater management above and below ground, improved pedestrian/bicycle connectivity, including a sidewalk that would tie in Planet Fitness, enhanced landscaping, EV charging stations at Shake Shack, building material reuse, and the reduction of impervious surface. Farr asked the purpose of the eastern driveway, and Dreyer replied it would be service drive for trucks to Valvoline, which could also be a bypass access for customers. Barnhart presented the staff report. There would be no zoning change or Comprehensive Plan amendment. The waivers requested front yard setbacks for both sites. The Shake Shack site waiver would be a 18.5-foot setback from Leona instead of the required 35 feet, and the Valvoline site would be a 21.3-foot setback from Den Road instead of the required 35 feet. The waivers would bring the buildings closer to property lines allowing for increased internal parking and circulation. Regarding the sign waivers, the existing sign at the northwest corner would be reused, but the sign area would be enlarged, and the setback would be 10.5 instead of 15 feet. Two freestanding signs would be combined into one at the corner of Flying Cloud Drive and Leona Road. There was an opportunity for more freestanding signs, but the applicant was proposing only two. The site allowed for two signs, one at 80 square feet and one at 36 square feet, but the applicant was combining them into one. The applicant would also use the existing materials instead of creating one solid mass at the existing sign’s base. This sign also had an agreement with the existing Qdoba and Caribou lot, so the development agreement would stipulate the corner sign would also advertise the Shake Shack and Valvoline businesses. To improve access and circulation, an eastern driveway was shifted away from PLANNING COMMISSION MEETING MINUTES June 22, 2026 Page 3 the intersection of Leona and Den Roads to provide access to the Shake Shack lot, which also enlarged the lot. The Valvoline met all parking requirements, and there were no parking waivers. The Planet Fitness exceeded parking requirements, and there would be cross parking and access easement between the three businesses. There would be additional sidewalks on the site. A parking study and a traffic study had been conducted, and the development was consistent with all City Codes and standards. Staff had a comment on the architecture. While the buildings met material requirements, staff noted that there should be some communication between the buildings, though not necessarily a match. The Shake Shack did share materials with the Planet Fitness building, but there was a band of soldier course brick proposed for the Shake Shack building that staff suggested could be brought out more. Barnhart showed color renderings showing the materials and color communication and pointed out the soldier course, the color of which was perhaps too subtle. The Valvoline proposal did a good job of bringing out the characteristics between buildings. Staff recommended approval subject to the conditions outlined in the staff report. Farr asked for and received clarification Qdoba and Caribou buildings would also share parking with the new development during what were anticipated to be two lunchtime rushes. He asked for and received confirmation the parking easements would remain unchanged after the applicant sold off the two outlots. Farr added he appreciated the attempt at consistency within reason with a 1980s building, and he agreed with bringing the design up to date. Schumacher expressed concern about traffic congestion around the Shake Shack area. He asked for the best route for those working at Shake Shack in the winter and if there were pedestrian walkways from Leona. Barnhart replied there were two sidewalks: one from the east parking area through the central parking area, and along Leona Road. Duncan asked for and received confirmation staff was comfortable with the signage sightline issues at Leona Road and Flying Cloud Drive. Barnhart added wall signage was also allowed within the site. There is a sign in the southeast corner of the site. Duncan asked for and received confirmation the driveway closer to the corner of Leona Road and Den Road would be closed in favor of access along Den Road. Farr asked if the signage consolidation would come with a restriction to new owners and future property owners of a monument sign, potentially defeating the purpose of a consolidation waiver. Barnhart replied there was no restriction, but City Ordinance did have certain requirements that would prevent a PLANNING COMMISSION MEETING MINUTES June 22, 2026 Page 4 monument sign. Staff could bring a recommendation forward to the City Council if this was a concern. MOTION: Grote moved, seconded by Palmisano, to close the public hearing. Motion carried 7-0. Farr commended the project, saying it would be a good completion of the Phase I seen years ago, and he supported all waivers and the circulation with the reconstructed driveway. Duncan also commended the development, including the water treatment on site. MOTION: Farr moved, seconded by Grote, to recommend approval Planned Unit Development Concept Review on 3.44 acres; Planned Unit Development District Review with Waivers on 3.44 acres; Preliminary Plat of 3.44 acres into three lots and one outlot; and the Site Plan review on 3.44 acres as recommended by staff as represented in the June 22, 2026 staff report Motion carried 7-0. B. 6345 Eden Prairie Road Zone Change (2026-06) 1. Request for approval of a Zone Change from Public to R1-22 on two parcels, totaling 1.22 acres. Barnhart presented the staff report. The City of Eden Prairie was the applicant. In reviewing an application for a deck, staff discovered the property had been zoned Public since 1969, though this was a single-family home, and the family wished to make improvements to the property. This zoning change would bring the property into compliance with its actual and intended use. There were comments and questions from the public, some of whom were concerned about a new development, which this was not, but a correction to the Zoning Map. Neighbors were also concerned about tree removal. Forestry staff was working with the property owner about their tree removal. There was no intention of future subdivision of the property. The small parcel to the north was also owned by this property owner; both properties needed to be combined for the rezoning. Mal Fay, resident at 15600 Eden Prairie Road, asked for and received confirmation there would be no new development and the house would remain as is. Barnhart explained this was no development and added any landscaping and interior work would not need Planning Commission approval. Fay stated his real concern was the speed limit on Eden Prairie Road. This had a blind bend to the south, a dip to the north, with a 40-mph speed limit from PLANNING COMMISSION MEETING MINUTES June 22, 2026 Page 5 County Road 5 to Valley View Road, then a 45-mph speed limit from there to Townline, then at 35 mph speed limit after crossing into Minnetonka. He suggested a consistent 35 miles per hour speed from County Road 5 into Minnetonka, as many drivers actually drove 55 miles per hour. Duncan suggested he speak with City Engineer Schultze after the meeting. MOTION: Palmisano moved, seconded by Schumacher, to close the public hearing. Motion carried 7-0. Duncan commended the City bringing this forward so as not to place the burden on the applicant. She stated she appreciated the public comments. MOTION: Schumacher moved, seconded by Palmisano, to recommend approval Request for approval of a Zone Change from Public to R1-22 on two parcels, totaling 1.22 acres as recommended by staff as represented in the June 22, 2026 staff report. Motion carried 7-0. VI. Reports A. Planners report B. Members’ reports VII. Adjournment MOTION: Farr moved, seconded by Schumacher, to adjourn the meeting. Motion carried 7-0. Chair Duncan adjourned the meeting at 7:39 p.m. The Friends of Birch Island Woods have maintained this natural area since 1998, regularly working to remove invasive species and protect the woods. City records indicate the existing dwelling was built in 1941, meaning the surrounding woods have remained largely undisturbed for over 85 years. That is not coincidence — it reflects a long-standing community commitment to preservation. Eden Prairie's own Tree Preservation ordinance, Chapter 11, Section 11.55, affirms that tree removal diminishes public health, safety, and general welfare, and directs the city toward the protection and preservation of its natural areas. (Footnote 2) I would ask the commission to weigh any financial considerations against the permanent loss of a natural resource that this ordinance — and this community — has long sought to protect. Once these wild spaces are gone, they do not come back. Formal Requests I respectfully submit the following requests for the commission's consideration: One — that the commission deny approval of any further development of this property, and explore whether this parcel might be preserved as a natural buffer in connection with Birch Island Woods. Two — that if development is nonetheless considered, a continuance be granted long enough for a boundary survey to be completed and markers placed at the applicant's expense, along with a formal ecological impact study, so that this commission may make a fully informed decision consistent with the city's own environmental ordinances. Matt and I moved to Swan Hill for the peace, the privacy, and the nature that surrounds it. We are asking this commission to help protect what remains. Thank you for your time and consideration. Erin & Matt Swanson — Residents, Footnotes 1. Eden Prairie Development Review Handbook: https://www.edenprairiemn.gov/city-government/departments/community-d evelopment/planning/developers/development-review-handbook 2. Eden Prairie City Code, Section 11.55 — Land Alteration, Tree Preservation and Stormwater Management Regulations: htt ps://library.municode.com/mn/eden_prairie/codes/code_of_ordinances?nodeId=CH11LAUSREZO_S11.55LAALTRPRSTM ARE City Council Agenda Cover Memo Date: July 14, 2026 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 (Role Call Vote) SUMMARY Checks 320280 - 320345 Checks 5008215 - 5008940 Wire Transfers 12776 - 12880 Purchasing Card 12819 ATTACHMENTS Check Summary Check Register City of Eden Prairie Council Check Summary 7/14/2026 Division Amount Division Amount 000 General 45,887 601 Prairie Village Liquor 235,401 100 City Manager 1,001 602 Den Road Liquor 388,241 101 Legislative 526 603 Prairie View Liquor 224,424 102 Legal Counsel 52,587 605 Den Road Building 12,012 110 City Clerk 2,858 701 Water Enterprise Fund 602,123 111 Customer Service 3,416 702 Sewer Fund 157 113 Communications 30,436 702 Wastewater Enterprise Fund 43,352 114 Benefits & Training 4,218 703 Stormwater Enterprise Fund 85,087 130 Assessing 1,197 Total Enterprise Fund 1,590,797 131 Finance 1,302 132 Housing and Community Services 26 316 WAFTA 726 136 Public Safety Communications 9,371 802 494 Commuter Services 48,910 138 Community Development Admin.58 806 SAC Agency Fund 12,425 150 Park Administration 593 807 Benefits Fund 1,522,210 151 Park Maintenance 83,048 809 Investment Fund 4,974 153 Organized Athletics 6,463 811 Property Insurance 511,448 154 Community Center 24,877 812 Fleet Internal Service 292,862 155 Beaches 785 813 IT Internal Service 71,062 156 Youth Programs 28,869 814 Facilities Capital ISF 8,818 157 Special Events 36,580 815 Facilities Operating ISF 81,527 158 Senior Center 4,124 816 Facilities City Center ISF 91,881 159 Recreation Administration 197 817 Facilities Comm. Center ISF 114,691 160 Therapeutic Recreation 3,751 818 Dental Insurance 22,919 162 Arts 8,274 820 Fencing Consortium 668 163 Outdoor Center 2,584 Total Internal Svc/Agency Fund 2,785,121 168 Art Center 4,141 180 Police Sworn 60,997 184 Fire 37,429 186 Inspections 6,632 Report Total 8,034,290 200 Engineering 1,185 201 Street Maintenance 66,512 202 Street Lighting 83,881 Total General Fund 613,809 301 CDBG 15,000 303 Cemetery Operation 5,057 312 Recycle Rebate 3,170 322 Local Affordable Housing Aid 10,000 Total Special Revenue Fund 33,227 304 Senior Board 495 308 E-911 4,026 309 DWI Forfeiture 396 314 Special Investigations 76 315 Economic Development 3,011 445 Cable PEG 50 502 Park Development 557,296 509 CIP Fund 211,866 512 CIP Trails 10,495 513 CIP Pavement Management 55,808 526 Transportation Fund 154,188 541 Dell Rd (Crestwood to CSAH 61)4,957 543 Police Remodel 2,007,660 544 Shady Oak (FCD to Valley View)1,011 Total Capital Projects Fund 3,011,335 City of Eden Prairie Council Check Register 7/14/2026 Amount Vendor Account Description Business Unit Comments 861,473 WEIDNER PLUMBING & HEATING CO OCS-Other Contracted Services Police Remodel Police Remodel 511,448 LEAGUE MN CITIES INS TRUST WC Insurance Property Insurance P/C Renewal Premium 414,322 FOBBE ELECTRIC INC OCS-Other Contracted Services Police Remodel Police Remodel 381,982 UKG INC Payroll Taxes Health and Benefits Payroll Taxes PR Period Ending 06.26.26 358,123 UKG INC Payroll Taxes Health and Benefits Payroll Taxes PR Period Ending 06.12.26 260,853 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Period Ending 05.29.26 257,322 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Period Ending 06.12.26 203,464 ST CROIX RECREATION FUN PLAYGRAOUNDS INC OCS-Other Contracted Services Park Acquisition & Development Homeward Hills Play Equipment 197,841 PEMBER COMPANIES, INC.OCS-Other Contracted Services Park Acquisition & Development Homeward Hills Play Equipment Replacement 167,448 MINNESOTA DEPT OF REVENUE Sales Tax Various Funds Sales Tax May 2026 138,378 SONUS INTERIORS INC OCS-Other Contracted Services Police Remodel Police Remodel 122,748 COMMERCIAL RECREATION SPECIALISTS OCS-Other Contracted Services Park Acquisition & Development Homeward Hills Splash Pad Equipment 107,169 KELLINGTON CONSTRUCTION INC OCS-Other Contracted Services Police Remodel Police Remodel 105,830 USB-PURCHASING CARD Various Various Funds Various charges 97,493 XCEL ENERGY Electric Various Funds 97,066 ZIEGLER INC Machinery & Equipment Fleet - Park & Rec 82,000 HENNEPIN COUNTY TREASURER Improvement Contracts Transportation Fund 81,901 KRAUS-ANDERSON CONSTRUCTION COMPANY OCS-Other Contracted Services Police Remodel 80,703 CARCIOFINI COMPANY OCS-Other Contracted Services Police Remodel 80,488 XCEL ENERGY Electric Street Lighting 78,195 DREAMLAND CONTRACTING LLC Improvement Contracts Capital Maintenance & Reinvestment 73,950 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 62,837 ADMIRAL COATINGS, INC OCS-Other Contracted Services Police Remodel 58,710 GRAYMONT Chemicals Water Treatment 57,924 MIDWEST SPECIALTY MAINTENANCE INC OCS-Other Contracted Services Police Remodel 54,721 MTI DISTRIBUTING INC Machinery & Equipment Capital Maintenance & Reinvestment 48,890 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal 47,225 MINNESOTA ROADWAYS CO OCS-Other Contracted Services Capital Maintenance & Reinvestment 43,835 EXCEL LAWN & LANDSCAPE OCS-Lawn Maintenance City Center-CAM 43,031 JACKSON & ASSOCIATES LLC OCS-Other Contracted Services Police Remodel 42,142 GRAYMONT Chemicals Water Treatment 38,818 XCEL ENERGY Improvement Contracts Transportation Fund 37,984 UKG INC Software Maintenance IT Operating 36,224 HULS BROKERAGE INC Lime Residual Removal Water Treatment 35,506 VOYA Deferred Compensation Health and Benefits 35,337 VOYA Deferred Compensation Health and Benefits 34,981 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 33,565 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 33,456 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 31,734 YOUNGSTEDTS COLLISION CENTER OCS - Equipment/Vehicles Fleet Operating 31,687 TK ELEVATOR CORPORATION OCS-Other Contracted Services Police Remodel 31,083 INDUSTRIAL PAINTING SPECIALISTS Improvement Contracts Water Capital 30,624 SHI CORP Computers Water Capital 30,167 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds 29,842 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 29,195 BPAS Health Savings Account Health and Benefits 28,405 SUPER SET FLOORING & TILE LLC OCS-Other Contracted Services Police Remodel 28,156 UNITED GLASS, INC OCS-Other Contracted Services Police Remodel 28,092 FAHRNER ASPHALT SEALERS Pavement Rehab Streets Pavement 27,686 ESS BROTHERS & SONS INC R&M Supplies-Other Wastewater Collection 27,368 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 26,864 HAWKINS INC Chemicals Water Treatment 26,508 XCEL ENERGY Electric Various Funds 25,778 NCR PAYMENT SOLUTIONS,PA, LLC Credit Card / Bank Fees Liquor Funds 25,665 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds Amount Vendor Account Description Business Unit Comments 25,285 WATERFRONT RESTORATION LLC OCS-Other Contracted Services Stormwater Non-Capital 25,000 PINNACLE DESIGN & REMODELING LLC OCS-Other Contracted Services Local Affordable Housing Aid 24,882 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 24,400 WSB & ASSOCIATES INC OCS-Other Contracted Services CIP Trails 23,412 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 23,035 GUARDIAN FLEET SAFETY LLC Autos Fleet-Police 22,043 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds 22,013 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 21,843 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 21,082 KREMER SERVICES LLC OCS - Equipment/Vehicles Fleet Operating 20,840 EBERT CONSTRUCTION OCS-Other Contracted Services Police Remodel 19,786 WEX Health Savings Account Health and Benefits 19,786 WEX Health Savings Account Health and Benefits 19,411 JC HALLET CONSTRUCTION LLC Improvement Contracts Stormwater Capital 19,363 GRANICUS LLC Dues & Subscriptions Communications 18,845 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 18,795 GRI EDEN PRAIRIE, LLC Rent Prairie Village Liquor 18,747 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds 18,176 CHASE Credit Card / Bank Fees Various Funds 17,849 PRAIRIEVIEW STATION LLC Rent Prairie View Liquor 17,302 ABM INDUSTRY GROUPS, LLC Janitor Service Various Funds 17,299 NATIVE RESOURCE PRESERVATION OCS-Other Contracted Services Tree Replacement Fund 17,097 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds 16,995 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds 16,869 CENTERPOINT ENERGY Gas Various Funds 16,796 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control 16,269 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 15,330 FERGUSON WATERWORKS R&M Supplies-Other Water Distribution 15,300 PAYCHEX Wages & Benefits 494 Corridor Commission 15,282 PAYCHEX Wages & Benefits 494 Corridor Commission 15,255 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 15,010 BOLTON & MENK INC Design & Engineering Transportation Fund 14,936 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 14,860 TRAFFIC CONTROL CORPORATION Improvement Contracts Transportation Fund 14,860 MULCAHY NICKOLAUS LLC OCS-Other Contracted Services Police Remodel 14,766 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 14,693 SUPERIOR TURF SERVICES Chemicals Park Maintenance 14,219 BADGER METER Telephone Water Metering 14,092 UKG INC MN Paid Medical/Leave Health and Benefits 14,082 FIRE CATT LLC OCS - Equipment/Vehicles Fire 13,680 HAWKINS INC Chemicals Water Treatment 13,567 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 13,500 SKYGLOW DRONES LLC OCS-Other Contracted Services July 4th Celebration 13,321 UKG INC MN Paid Medical/Leave Health and Benefits 12,986 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds 12,858 POMP'S TIRE SERVICE INC Tires Fleet Operating 12,772 BIFFS INC Waste Disposal Park Maintenance 12,717 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 12,715 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 12,536 XCEL ENERGY Electric Various Funds 12,500 ALL AMERICAN HYDRO WASH OCS - Equipment/Vehicles Water Storage 12,301 METROPOLITAN COUNCIL Due to Other Governments SAC 11,862 AERO DRAPERY AND BLIND OCS-Other Contracted Services Community Center Admin 11,713 WSB & ASSOCIATES INC Design & Engineering Dell Rd (Crestwood to CSAH 61) 11,668 LANDBRIDGE ECOLOGICAL OCS-Other Contracted Services Capital Maintenance & Reinvestment 11,433 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 11,232 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement 11,220 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement 10,998 MGX EQUIPMENT SERVICES LLC Autos Fleet-Waste Water Amount Vendor Account Description Business Unit Comments 10,614 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF 10,600 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 10,226 SSI ABS-2025-1 PROJECT HOLDINGS LLC Electric Various Funds 10,138 MINNESOTA LIFE INSURANCE COMPANY Life Insurance Health and Benefits 10,084 OXFORD STREET MERCHANTS Liquor Product Received Liquor Funds 10,000 PATHFINDER TRAIL BUILDING LLC Design & Engineering Park Acquisition & Development 9,800 RIGHTLINE DESIGN LLC 9,710 UNITED GLASS, INC 9,492 INDIGO SIGNWORKS, INC. 9,426 PRECISION UTILITIES 9,114 MANSFIELD OIL COMPANY 8,409 TRANSWEST TRUCKS SAVAGE 8,360 ATOMIC ARCHITECTURAL SHEET METAL INC 8,327 GRAYMONT 8,164 REVOLUTIONARY SPORTS, LLC 8,030 INNOVATIVE GRAPHICS 8,005 MINNESOTA ROADWAYS CO 7,841 HINTERLAND CSG LLC 7,638 FERGUSON WATERWORKS 7,613 KRISS PREMIUM PRODUCTS INC 7,496 DAKOTA SUPPLY GROUP INC 7,483 ALADTEC INC 7,313 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC 7,178 WINEBOW 7,110 ADVANTAGE PROPERTY MAINTENANCE INC 6,980 VAISALA 6,850 STONEWORKS ARCHITECTURAL PRECAST INC 6,791 PICHA GREENHOUSE 6,700 SEBCO INC 6,678 SOBANIA COMMUNITY SOLAR 6,658 ETHANOL PRODUCTS LLC 6,500 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION 6,409 SSI ABS-2025-1 PROJECT HOLDINGS LLC 6,240 ARTISAN BEER COMPANY 6,179 SLAMHAMMER SOUND CO, INC 6,137 HEALTHPARTNERS 6,126 STREICHERS 6,100 NOTHING BUT HEMP 5,950 H M CRAGG CO 5,925 HEALTHPARTNERS 5,894 HOHENSTEINS INC 5,812 SRF CONSULTING GROUP INC 5,800 PIONEER ATHLETICS 5,791 HEALTHPARTNERS 5,743 STARTING LINE FLOOR COATING INC 5,722 HEALTHPARTNERS 5,720 MOST DEPENDABLE FOUNTAINS 5,658 CENTERPOINT ENERGY 5,630 PHILLIPS WINE AND SPIRITS INC 5,560 LAW ENFORCEMENT LABOR SERVICES INC. 5,557 PETERSON COMPANIES 5,470 PAUSTIS & SONS COMPANY 5,431 HOHENSTEINS INC 5,339 ARTISAN BEER COMPANY 5,281 STREICHERS 5,265 XCEL ENERGY 5,141 J&L STEEL ERECTORS LLC 5,136 MOTOROLA SOLUTIONS INC 5,090 JOHN HENRY FOSTER MINNESOTA INC Amount Vendor Account Description Business Unit Comments 5,009 HOHENSTEINS INC 5,002 YOUNGSTEDTS COLLISION CENTER 5,000 FREE AND EASY BAND 4,974 PFM ASSET MANAGEMENT LLC 4,956 MARTIN MARIETTA MATERIALS 4,900 MN TACTICAL OFFICERS ASSOCIATION 4,800 WEX 4,773 INTERSTATE ALL BATTERY CENTER 4,758 MADISON NATIONAL LIFE INSURANCE CO INC 4,730 HOHENSTEINS INC 4,729 CEMSTONE PRODUCTS COMPANY 4,705 MOTION INDUSTRIES INC. 4,626 CONTRACT HARDWARE CO, INC 4,600 CASTRO CLEANING LLC 4,600 CASTRO CLEANING LLC 4,579 ARTISAN BEER COMPANY 4,575 NEW CINGULAR WIRELESS PCS, LLC 4,534 MUNTERS CORP. 4,494 BELLBOY CORPORATION 4,461 ARTISAN BEER COMPANY 4,418 MARTIN MARIETTA MATERIALS 4,333 XCEL ENERGY 4,292 TRANSPORT GRAPHICS 4,223 BREAKTHRU BEVERAGE MN WINE & SPIRITS 4,179 MARTIN MARIETTA MATERIALS 4,139 IMPACT PROVEN SOLUTIONS 4,123 BREAKTHRU BEVERAGE MN WINE & SPIRITS 4,110 EDGE ECOSYSTEMS LLC 4,057 METRO SALES INCORPORATED* 4,007 SYMETRA LIFE INSURANCE COMPANY 3,999 HOUSTON ENGINEERING INC 3,980 VERIZON WIRELESS 3,927 ETHANOL PRODUCTS LLC 3,888 WM CORPORATE SERVICES INC 3,705 AIRGAS USA LLC 3,692 WSB & ASSOCIATES INC 3,628 BREAKTHRU BEVERAGE MN WINE & SPIRITS 3,627 T-MOBILE 3,561 HAWKINS INC 3,558 PHILLIPS WINE AND SPIRITS INC 3,522 ASSURED SECURITY 3,514 XIGENT SOLUTIONS LLC 3,506 BELLBOY CORPORATION 3,500 DH EXCAVATING 3,500 GILES OUTDOOR SERVICES LLC 3,500 HELLO BOOKING INC 3,430 WEX 3,400 ST CROIX ENVIRONMENTAL INC 3,375 AMERICAN RED CROSS 3,333 LOCKRIDGE GRINDAL NAUEN PLLP 3,299 HENNEPIN COUNTY TREASURER 3,281 STERLING FENCE INC 3,221 HOHENSTEINS INC 3,186 INVOICE CLOUD INC 3,166 DAKOTA UNLIMITED 3,141 MTI DISTRIBUTING INC 3,093 MINNESOTA VALLEY ELECTRIC COOPERATIVE 3,092 WM MUELLER AND SONS INC 3,050 U.S. BANK - I-494 PURCH. CARD Amount Vendor Account Description Business Unit Comments 3,007 SITEONE LANDSCAPE SUPPLY, LLC 3,000 BREAKTHRU BEVERAGE MN WINE & SPIRITS 2,998 OXFORD STREET MERCHANTS 2,990 FIRE SAFETY USA INC 2,936 METRO ELEVATOR 2,851 LOGIS 2,822 PRESCRIPTION LANDSCAPE 2,787 CONCRETE CUTTING AND CORING 2,786 SOCCER SHOTS 2,769 XCEL ENERGY 2,740 WESTVALVE PLUMBING 2,720 M-R SIGN CO INC 2,686 ASPEN CARPET CLEANING 2,610 METRO SALES INCORPORATED* 2,608 REVOLUTIONARY SPORTS, LLC 2,600 CERTIFIED APPLIANCE RECYCLING 2,587 MADDEN, GALANTER, HANSEN PLLC 2,500 JESSE NORELL 2,488 POMP'S TIRE SERVICE INC 2,485 PAUSTIS & SONS COMPANY 2,459 SHORT ELLIOTT HENDRICKSON INC 2,442 EARL F ANDERSON 2,435 GRAINGER 2,403 WALL TRENDS INC 2,398 BELLBOY CORPORATION 2,382 OXFORD STREET MERCHANTS 2,375 BCM ONE 2,374 SITEONE LANDSCAPE SUPPLY, LLC 2,356 SSI ABS-2025-1 PROJECT HOLDINGS LLC 2,353 EDGE ECOSYSTEMS LLC 2,350 VAN PAPER COMPANY 2,297 RES GREAT LAKES LLC 2,296 POPE DOUGLAS SOLID WASTE MANAGEMENET 2,290 PAUSTIS & SONS COMPANY 2,240 LAVAN FLOOR COVERING 2,221 FASTENAL COMPANY 2,200 CENTERPOINT ENERGY 2,198 CLEAR RIVER BEVERAGE CO 2,197 PERA 2,197 PERA 2,160 ESS BROTHERS & SONS INC 2,133 GUARDIAN FLEET SAFETY LLC 2,108 WINE COMPANY, THE 2,004 MICHAEL THANH DO 1,993 STANTEC CONSULTING SERVICES INC 1,979 US SPECIALTY COATINGS 1,966 GOPHER STATE ONE-CALL 1,950 SEBCO INC 1,943 INTERSTATE POWER SYSTEMS INC 1,936 WEX 1,902 SYSCO WESTERN MINNESOTA 1,900 MACDONALD & MACK ARCHITECTS LTD 1,881 ARTISAN BEER COMPANY 1,870 PETERSON BROS ROOFING AND CONSTRUCTION I 1,860 SCOTT NELSON COACHING INC 1,816 REINDERS INC 1,816 WINEBOW 1,812 BKJ LAND COMPANY 1,800 REGENTS OF THE UNIVERSITY OF MINNESOTA Amount Vendor Account Description Business Unit Comments 1,782 OXFORD STREET MERCHANTS 1,780 KAHUNA WINDOW CLEANING 1,753 POMP'S TIRE SERVICE INC 1,738 FIDELITY SECURITY LIFE INSURANCE CO 1,693 GENUINE PARTS COMPANY 1,690 HENNEPIN COUNTY TREASURER 1,658 3RD LAIR 1,650 BELLBOY CORPORATION 1,635 REKT EDDIES LLC 1,591 GREAT LAKES COCA-COLA DISTRIBUTION 1,534 LOCATORS & SUPPLIES INC 1,530 SPORTS UNLIMITED 1,524 LYNDALE PLANT SERVICES 1,517 ACME TOOLS 1,505 RICKI AND SONS 1,500 DIETHELM, TAMMY L 1,500 JOY COLLABORATIVE 1,500 LOCAL 5539 EDEN PRAIRIE 1,468 YORKTOWN OFFICES 1,468 YORKTOWN OFFICES 1,462 PAUSTIS & SONS COMPANY 1,441 ECM PUBLISHERS INC 1,440 XCEL ENERGY 1,435 TRAFERA LLC 1,430 HANSON SPORTS LLC 1,418 ABM EQUIPMENT LLC 1,412 METRO SALES INCORPORATED* 1,403 PRECISE MRM LLC 1,403 MTI DISTRIBUTING INC 1,391 GLACIAL RIDGE GROWERS 1,384 ASPEN CARPET CLEANING 1,380 SUMMER LAKES BEVERAGE LLC 1,380 BLOOMINGTON, CITY OF 1,367 XCEL ENERGY 1,349 WEX 1,348 BITTY KITTY BRIGADE 1,347 SCHLOMKA SERVICES LLC 1,280 EDEN PRAIRIE COMMUNITY EDUCATION 1,276 AMERICAN RED CROSS 1,275 LANDBRIDGE ECOLOGICAL 1,255 HEALTHPARTNERS OCCUPATIONAL MEDICINE 1,252 PRINCIPAL FINANCIAL GROUP 1,249 MARTIN MARIETTA MATERIALS 1,245 CUSTOM HOSE TECH 1,228 INNOVATIVE OFFICE SOLUTIONS 1,227 GRAINGER 1,224 KIESLER POLICE SUPPLY INC. 1,211 GREAT LAKES COCA-COLA DISTRIBUTION 1,204 WINEBOW 1,203 MINNESOTA STATE UNIVERSITY 1,200 AMERICAN ENVIRONMENTAL LLC 1,200 ADVANTAGE PROPERTY MAINTENANCE INC 1,200 TRIPPLE FIDDLE LLC 1,200 ICMA 1,195 DREW'S CONCESSIONS LLC 1,183 WEX 1,163 T-MOBILE 1,162 ISC COMPANIES INC 1,148 MARCO INC Amount Vendor Account Description Business Unit Comments 1,142 UKG INC 1,141 VINOCOPIA 1,140 WINE COMPANY, THE 1,109 CORE & MAIN 1,101 CINTAS CORPORATION 1,101 TACTICAL SOLUTIONS INC 1,100 HENNEPIN HEALTHCARE 1,070 RIVERS EDGE CONCRETE 1,054 INSIGHT BREWING COMPANY LLC 1,054 ASTLEFORD EQUIPMENT COMPANY INC 1,051 VINOCOPIA 1,039 BOUND TREE MEDICAL LLC 1,029 SHAMROCK GROUP, INC - ACE ICE 1,027 WEX 1,019 WATER CONSERVATION SERVICES INC 1,012 CORE & MAIN 1,011 SRF CONSULTING GROUP INC 1,000 CHUCK'S EXCAVATING INC 1,000 HENNEPIN COUNTY SHERRIF 988 WEX 973 MOLLY MITLEY 972 XCEL ENERGY 945 MEGA BEER 945 MIDWEST AQUA CARE INC 943 ST FRANCIS VETERINARY CLINIC 926 PITNEY BOWES 926 WARNING LITES 919 WEX 916 CONTECH ENGINEERED SOLUTIONS LLC 908 JOHN HENRY FOSTER MINNESOTA INC 900 USA SECURITY 900 MUEHLBAUER, THOMAS G 900 MINNESOTA CHIEFS OF POLICE ASSOC 889 VESTIS SERVICES LLC 889 RIVERS EDGE CONCRETE 884 BELLBOY CORPORATION 865 NATIONAL MARTIAL ARTS ASSOCIATION, INC 860 CUMMINS SALES AND SERVICE 858 FAT PANTS BREWING CO LLC 857 FERRELLGAS 856 T-MOBILE 855 MODIST BREWING COMPANY 853 PAUSTIS & SONS COMPANY 853 CDW GOVERNMENT INC. 852 GLOBAL RESERVE LLC 850 MINNESOTA ROADWAYS CO 849 CERTIFIED LABORATORIES 849 AMERICAN EXPRESS 846 CLEAR RIVER BEVERAGE CO 840 DIAMOND MOWERS INC 833 LEXISNEXIS RISK SOLUTIONS FL INC 832 GLOBAL RESERVE LLC 832 BARREL THEORY BEER COMPANY 823 WEX 821 BREAKTHRU BEVERAGE MN WINE & SPIRITS 817 JUNKYARD BREWING COMPANY LLC 812 GLOBAL RESERVE LLC 811 CONCRETE CUTTING AND CORING 811 SUMMER LAKES BEVERAGE LLC Amount Vendor Account Description Business Unit Comments 808 ULINE 802 MENARDS 801 VEOLIA ES TECHNICAL SOLUTIONS LLC 788 SCOTT COUNTY 770 XCEL ENERGY 769 CENTERPOINT ENERGY 764 EHLERS & ASSOCIATES INC 761 MEGA BEER 758 ABM EQUIPMENT LLC 757 BROTHERS FIRE PROTECTION 752 INNOVATIVE GRAPHICS 750 ELBIT SYSTEMS OF AMERICA NIGHT VISION 744 MOBOTREX INC 741 UNITED STATES TREASURY 741 ASPEN WASTE SYSTEMS INC. 740 INDIGO SIGNWORKS, INC. 729 DOMACE VINO LLC 727 CONSTRUCTION MATERIALS INC 726 CAMPBELL KNUTSON, P.A. 723 DOMACE VINO LLC 720 INDIGO SIGNWORKS, INC. 715 INSIGHT BREWING COMPANY LLC 704 POMP'S TIRE SERVICE INC 700 TWIN CITIES TRANSPORT & RECOVERY 700 IN THE HEART OF THE BEAST 699 XCEL ENERGY 699 JASPER ENGINEERING & EQUIPMENT COMPANY 697 CONSTRUCTION MATERIALS INC 690 AMERICAN RED CROSS 674 PREMIUM WATERS INC 671 METROPOLITAN FORD 668 BURNSVILLE, CITY OF 668 NORTHLAND PETROLEUM SERVICE INC 666 GREAT LAKES COCA-COLA DISTRIBUTION 658 CONCRETE CUTTING AND CORING 644 CLEAR RIVER BEVERAGE CO 641 PRAIRIE ELECTRIC COMPANY 637 ARCPOINT LABS OF EDINA 631 JUNKYARD BREWING COMPANY LLC 627 XCEL ENERGY 621 WARNING LITES 618 BERGMAN LEDGE LLC 617 TREVIPAY 608 VINOCOPIA 608 MENARDS 602 UNMAPPED BREWING CO 598 WEX 590 UNMAPPED BREWING CO 586 MN MAINTENANCE EQUIPMENT INC 584 GERTENS 583 JOHNSTONE SUPPLY 582 XCEL ENERGY 577 WEX 576 BCA - MNJIS 575 LIGHTING PLASTICS OF MN 570 DAKOTA PRAIRIE COMPOSTING 564 VINOCOPIA 563 INSIGHT BREWING COMPANY LLC 559 MINNESOTA DEPT OF REVENUE Amount Vendor Account Description Business Unit Comments 549 HIRSHFIELD'S 543 THE OASIS GROUP 542 ALLEGRA PRINT & IMAGING 536 MAVERICK WINE LLC 535 GUNNAR ELECTRIC CO INC 533 XCEL ENERGY 531 USA INFLATABLES 525 HAGGARD BARREL BREWING COMPANY LLC 523 MENARDS 522 XCEL ENERGY 521 NEW FRANCE WINE COMPANY 512 SVL 512 STEEL TOE BREWING LLC 509 XCEL ENERGY 509 AMERICAN RED CROSS 505 DATAWORKS PLUS LLC 502 WEX 500 CENTURYLINK 500 CORDELL LEONARD MEDINA 500 CHRISTIAN ADETI 500 CITY OF SAINT PAUL 500 TMS JOHNSON 500 CITY OF SAINT PAUL 490 LEAST SERVICES COUNSELING 490 WEX 486 STEEL TOE BREWING LLC 484 PMA FINANCIAL NETWORK INC 483 WATER CONSERVATION SERVICES INC 482 MENARDS 482 MINNESOTA VALLEY ELECTRIC COOPERATIVE 480 AQUA LOGIC INC 478 EDEN PRAIRIE SCHEELS 477 ACME TOOLS 476 VERIZON WIRELESS 475 PETERSON COUNSELING AND CONSULTING LLC 462 WINE COMPANY, THE 462 WEX 461 HORIZON COMMERCIAL POOL SUPPLY 460 INVOICE CLOUD INC 459 FASTSIGNS 457 CEF EDEN PRAIRIE COMMUNITY SOLAR LLC 450 KAISER, DAVID S 448 MARCO INC 444 DIVERSE BUILDING MAINTENANCE 441 JAMES HAMMOND 436 ST CROIX LINEN LLC 435 BECKER ARENA PRODUCTS INC 434 VENN BREWING COMPANY 434 UNMAPPED BREWING CO 432 BOURGET IMPORTS 426 DANGEROUS MAN BREWING 425 BERRY COFFEE COMPANY 423 WEX 422 CEMSTONE PRODUCTS COMPANY 420 SHAMROCK GROUP, INC - ACE ICE 420 URBAN GROWLER BREWING COMPANY LLC 420 BPAS 416 UPS SUPPLY CHAIN SOLUTIONS 414 PREMIER LAWN AND LANDSCAPE LLC Amount Vendor Account Description Business Unit Comments 409 MAVERICK WINE LLC 408 PRYES BREWING COMPANY 407 JACKIE FURSMAN 405 WEX 400 FASTENAL COMPANY 399 MODIST BREWING COMPANY 397 MEGA BEER 397 BACK CHANNEL BREWING COLLECTIVE LLC 396 ADESA MPLS 394 ULINE 394 HENNEPIN COUNTY TREASURER 392 SMALL LOT MN 390 ESTRINE, ROBERT 387 ROADKILL ANIMAL CONTROL 377 WEX 376 PRYES BREWING COMPANY 369 FASTENAL COMPANY 364 CUSTOM HOSE TECH 364 INTERTECH INC 360 VENN BREWING COMPANY 360 ASPEN MILLS 360 BOURGET IMPORTS 354 CONSTRUCTION MATERIALS INC 349 JACOB HOLJE 344 VESTIS SERVICES LLC 344 GLOBAL RESERVE LLC 344 GLOBAL RESERVE LLC 343 SHAMROCK GROUP, INC - ACE ICE 336 PROPIO LS LLC 336 ARBEITER BREWING COMPANY LLC 328 MILK AND HONEY CIDERS 328 US BANK - CREDIT CARD MERCHANT ONLY 327 REID CHESTERFIELD 325 CEF EDEN PRAIRIE COMMUNITY SOLAR LLC 325 VINOCOPIA 324 GRAINGER 322 TWIN CITY FILTER SERVICE INC 322 STREIFF, CHAD 318 MODIST BREWING COMPANY 318 SHAMROCK GROUP, INC - ACE ICE 318 CEF EP COMMUNITY SOLAR LLC 317 US BANK - PAYMODE 315 ROSEMARY WHOWELL 311 TRANSUNION RISK & ALTERNATIVE DATA 310 LUCE LINE BREWING CO LLC 307 MINNESOTA AIR INC 306 MINNESOTA VALLEY ELECTRIC COOPERATIVE 305 WEX 303 DELTA DENTAL 300 MCGIVERN AMANDA 300 BRIAN REILLY 296 STEEL TOE BREWING LLC 295 STAPLES ADVANTAGE 294 BATTERIES PLUS BULBS #1248 294 XCEL ENERGY 289 CDW GOVERNMENT INC. 288 BARREL THEORY BEER COMPANY 286 MODIST BREWING COMPANY 280 AMAZING ATHLETES OF CENTRAL MN Amount Vendor Account Description Business Unit Comments 279 STEEL TOE BREWING LLC 268 JOHNSTONE SUPPLY 267 NUVEI INTEGRATED PAYMENTS INC 266 MAVERICK WINE LLC 265 JOE SAVAGE 261 NORTH CENTRAL LABORATORIES 260 VESTIS SERVICES LLC 260 LEONARD, MICHELLE 256 AM CRAFT SPIRITS SALES & MARKETING 255 PDCM/DDP 253 QUALITY PROPANE 252 STEEL TOE BREWING LLC 252 ALTERNATIVE BUSINESS FURNITURE INC 251 ANCOM COMMUNICATIONS INC 251 EDINA FIREFIGHTERS LOCAL 1275 250 DAKOTA COUNTY SHERIFFS DEPT 250 DIRECTV 250 A TO Z RENTAL CENTER 248 JUNKYARD BREWING COMPANY LLC 247 OPTUM HEALTH 244 VANCO SERVICES 242 CEF EP COMMUNITY SOLAR LLC 242 WOODEN HILL BREWING COMPANY LLC 240 EMERALD ELEMENTS 238 CENTERPOINT ENERGY 237 BOURGET IMPORTS 235 RED BULL DISTRIBUTING COMPANY INC 231 PDCM/DDP 231 FERGUSON ENTERPRISES LLC 231 SITEONE LANDSCAPE SUPPLY, LLC 230 CENTURYLINK 228 ALLEGRA PRINT & IMAGING 227 INBOUND BREW CO 226 HORIZON COMMERCIAL POOL SUPPLY 224 VENN BREWING COMPANY 220 STERICYCLE INC 219 BACK CHANNEL BREWING COLLECTIVE LLC 219 FIRE SAFETY USA INC 216 CENTERPOINT ENERGY 214 TSERING DOLMA 214 SOCIABLE CIDER WERKS LLC 212 CENTERPOINT ENERGY 205 BERNARD DAHL 201 MOTOROLA 200 JOSIE BOYLE 199 CARLSTON, BRANDON 199 COLLINS BROTHERS TOWING 198 CONTINENTAL CLAY COMPANY 197 WOODEN HILL BREWING COMPANY LLC 193 ZIEGLER INC 191 THOMAS HERMAN 189 HEADFLYER BREWING 189 MINNESOTA CLAY CO. USA 188 OFFICE OF MN IT SERVICES 187 LUKE WILLIAMS 184 LANO EQUIPMENT INC 184 IRENE BALE 182 CENTURYLINK 181 RICHFIELD PRINTING INC Amount Vendor Account Description Business Unit Comments 180 RICHARD MAYHILL 180 SUPER SERIES AAA LLC 177 CINTAS CORPORATION #470 167 LOIS MOORE 166 ADAMS PEST CONTROL INC 164 ANCHOR PAPER COMPANY 160 ADAMS PEST CONTROL INC 160 ASPEN MILLS 157 BERRY COFFEE COMPANY 152 OXFORD STREET MERCHANTS 150 ALSDURF LORI 150 ZAFFARANO JULIE 150 SYLIA FRANCIS 150 STILLER JACLYN 150 FLANAGAN ANNE 150 CYNTHIA ARSENAULT 150 ALLISON PAGE 149 HOLLY CHAN 149 IDENTISYS 149 KAITLYN DAHLSTROM 148 ECM PUBLISHERS INC 148 CENTURYLINK 147 MN MAINTENANCE EQUIPMENT INC 144 JUNKYARD BREWING COMPANY LLC 144 BARREL THEORY BEER COMPANY 142 KALKHOF ERIC 142 WEX 141 DAXKO LLC 141 JEFFREY BLUEM 139 VERIZON WIRELESS 139 STAPLES ADVANTAGE 138 XCEL ENERGY 136 MINNESOTA EQUIPMENT 135 CANVA US INC 134 MINNESOTA ICE SCULPTURES LLC 130 YOLANDA ANDERSEN 130 ECM PUBLISHERS INC 128 TWIN CITY SEED CO 126 ESS BROTHERS & SONS INC 125 SOCIABLE CIDER WERKS LLC 125 MONTGOMERY BREWING COMPANY LLC 125 TOLL GAS AND WELDING SUPPLY 122 KARLA ESHELMAN 120 MINNESOTA SECRETARY OF STATE - NOTARY 117 GARY SPEARS 116 MINNESOTA VALLEY ELECTRIC COOPERATIVE 116 CITI-CARGO & STORAGE CO, INC 114 RITA JOHNSON 114 INDELCO PLASTICS CORP 114 HAAK LORI 113 MINNESOTA EQUIPMENT 112 REILLY ALVORD 112 NUSS TRUCK GROUP INC 111 XCEL ENERGY 111 FORKLIFTS OF MINNESOTA INC 111 WOODEN HILL BREWING COMPANY LLC 110 MINNESOTA VALLEY ELECTRIC COOPERATIVE 110 COLLEEN LARSON 110 MINNESOTA VALLEY ELECTRIC COOPERATIVE Amount Vendor Account Description Business Unit Comments 104 MINNESOTA VALLEY ELECTRIC COOPERATIVE 104 PATRICIA BROWN 102 MARLYS HANSEN 100 MINNESOTA AIR INC 100 CARVER COUNTY SHERIFF'S DEPT. 100 NCR PAYMENT SOLUTIONS,PA, LLC 99 XCEL ENERGY 96 JAY O'BRIAN 94 SOLUTION BUILDERS 93 MICHAEL DUBES 93 MINNESOTA VALLEY ELECTRIC COOPERATIVE 92 MINNESOTA DEPT OF HEALTH 92 PAYCHEX 92 PAYCHEX 92 MARIE FOX 92 IRENE BALE 92 DENNIS LIND 90 MEREDITH KATE 90 INDELCO PLASTICS CORP 90 JUDY HOLLENBACK 89 I-STATE TRUCK CENTER 88 BRIAN WADNAL 88 MINNESOTA VALLEY ELECTRIC COOPERATIVE 87 SCOTT MANICOR 87 REKT EDDIES LLC 86 XCEL ENERGY 83 SRIHARI NANDYAL 83 WINEBOW 81 MINNESOTA VALLEY ELECTRIC COOPERATIVE 81 WEX 80 MPX GROUP, THE 79 QUALITY PROPANE 79 SITEONE LANDSCAPE SUPPLY, LLC 76 WEX 75 WEX 74 WEX 73 MR CUTTING EDGE 73 CENTURYLINK 72 ROY MICHAEL 72 CENTERPOINT ENERGY 71 CENTURYLINK 67 WEX 67 WEX 63 MRI SOFTWARE LLC 63 CENTERPOINT ENERGY 60 ECM PUBLISHERS INC 60 LAMOND KOPESKY 60 CENTERPOINT ENERGY 56 KING SAMANTHA 55 ALEX OLDEFENDT 54 SHRED RIGHT 54 MINNESOTA VALLEY ELECTRIC COOPERATIVE 54 MINNESOTA VALLEY ELECTRIC COOPERATIVE 53 ALEXANDRA BATES 50 FASTENAL COMPANY 50 ELIZABETH CAVA 50 EDINA, CITY OF 50 HENNEPIN COUNTY SHERRIF 49 CENTERPOINT ENERGY Amount Vendor Account Description Business Unit Comments 45 CASTLE PEAK PROPERTIES, LLC 45 RAMLO SAHAL 45 WEX 43 WEX 43 ASPEN MILLS 43 MARK DOMALEWSKI 38 CENTERPOINT ENERGY 37 CUB FOODS EDEN PRAIRIE 37 WEX 37 CENTERPOINT ENERGY 36 CENTERPOINT ENERGY 35 XCEL ENERGY 34 DODGE OF BURNSVILLE 34 CENTERPOINT ENERGY 34 ROCKEY, JOSH 34 CHAD DIEFENDERFER 32 WEX 32 CENTERPOINT ENERGY 31 BROOKS JARED 30 MARGARET RILEY 30 VERIZON WIRELESS 30 GRAINGER 29 GANEANE CONTRERAS 28 LAURA ERDMAN-LUNTZ 28 CENTERPOINT ENERGY 26 CENTERPOINT ENERGY 26 CENTERPOINT ENERGY 26 CENTERPOINT ENERGY 25 FLEETPRIDE INC 25 SUMANT KALIA 25 MINNESOTA VALLEY ELECTRIC COOPERATIVE 25 MINNESOTA VALLEY ELECTRIC COOPERATIVE 24 LISA SAMENI 24 XCEL ENERGY 24 DOROTHY MARIE CAHILL 23 SPOK, INC. 22 WEX 22 XCEL ENERGY 21 JOHN STERNER 20 WEX 19 CARD CONNECT 19 FEDEX 19 DAVID CROWTHER 19 XCEL ENERGY 18 NELSON, ROBIN 18 WEX 17 XCEL ENERGY 17 XCEL ENERGY 16 RESIDENT 15 PETER KAZEMINEJAD 14 RESIDENT 14 WEX 14 MADISON, MELISSA 12 FLEETPRIDE INC 12 PETER DURDEN 11 DUSTIN BRINK 11 JONATHAN ACOSTA 10 CULLIGAN BOTTLED WATER 9 JOCELYNN FLOM Amount Vendor Account Description Business Unit Comments 8 ANDREI FILIMONOV 7 XCEL ENERGY 6 BARBARA MILLER 6 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE 6 JON FRASER 6 PAULA RYLANDER 3 NIEMANN FOODS INC 1 I-STATE TRUCK CENTER 0 CARD CONNECT 8,034,290 Report Total