HomeMy WebLinkAboutCity Council - 03/17/2020
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MARCH 17, 2020 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark
Freiberg, and PG Narayanan
CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Katie
O’Connor
Workshop - Heritage Rooms I and II (5:30) I. CORONAVIRUS
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
III. ADJOURNMENT
City of Eden Prairie
Emergency Management
Emergency Management
Mitigation
Preparedness
Response
Recovery
Emergency Management
People
Systems
Process
Relationships
Emergency Management
Lessons Learned
◦Tornados
◦Floods
◦Hurricanes
◦Violence
COVID-19 Update
COVID-19 Update
Integrated and Connected
◦Federal
◦State
◦County
◦Region
◦City
COVID-19 Update
Latest Update
◦2336 Tests
◦60 Positive cases in MN
COVID-19 Update
Governors Executive Orders
◦Peacetime Emergency
◦Schools
◦Restaurants, Bars
COVID-19 Update
Emergency Operations Center (EOC)
COVID-19 Update
Emergency Operations Plan
Continuity of Operations (COOP) Plan
COVID-19 Update
Daily Briefing Meetings
COVID-19 Update
Situational Update
COVID-19 Update
Communications
◦Internal
◦External
COVID-19 Update
Human Resources
Department Operations
COVID-19 Update
Police
Police Department Update –
Calls
In 2019, the EPPD averaged 11.6 calls per
hour; in the past week we have averaged
5.8 calls per hour and the number
continues to go down.
The majority of medical calls are typical
and do not involve flu-like symptoms.
Police Department Update –
Calls
Medical psych calls are up as anxiety and
fear around COVID-19 increases.
The Crisis Intervention Technique (CIT)
training our officers and dispatchers have
received has prepared us well for these
type of calls.
Police Department Update –
Response
The EPPD has initiated high-visibility directed patrols for all grocery
and liquor stores in the city.
Due to the cancellation of multiple trainings, our patrol schedule
has some flexibility right now.
We have suspended fingerprint services and car seat inspections.
We are encouraging residents to use the phone to file police
reports whenever possible.
COVID-19 Update
Building Preparations and Operations
COVID-19 Update
Supply Chain
◦Cleaning Supplies
◦PPE
COVID-19 Update
PPE
◦Police
◦Fire
◦Utilities
COVID-19 Update
Community Connectedness
◦Schools
◦Business
◦Facilities
COVID-19 Update
Transit
◦SW Transit
COVID-19 Update
Mayor Emergency Declaration
COVID-19 Update
Council Approved Emergency Declaration
COVID-19 Update
City of Eden Prairie Emergency Declaration
◦MN Statute 12.37
COVID-19 Update
Thank You
ANNOTATED AGENDA
DATE: March 13, 2020
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, March 17, 2020
___________________________________________________________________________________________
TUESDAY, MARCH 17, 2020 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council
on issues related to Eden Prairie city government before each Council meeting,
typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are
finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not
recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. IV. PROCLAMATIONS / PRESENTATIONS
A. PROP FOOD SHELF COLLECTION ON BEHALF OF EDEN PRAIRIE LIQUOR
Synopsis: Throughout the month of November, the City's three municipal liquor stores partnered with the PROP food shelf and invited customers to donate to the food shelf. Eden Prairie Liquor stores held a Dollar Drive inviting customers to
contribute just $1 each time they visited. In addition, the liquor operation hosted a
Happy Hour for Hunger event aimed at collecting donations to help fill the food shelves this holiday season. We would like to thank Eden Prairie Liquor patrons for their generosity.
Together, these efforts raised a total of $4,669.80 and 282 pounds of food for
PROP food shelf.
B. ACCEPT DONATION OF $500 FROM SOUTHWEST TRANSIT FOR SENIOR CENTER PROGRAMS (Resolution)
Synopsis: The donation of $500 from Oasis Senior Advisors will go towards the Senior Center Programs. Specifically: $200 for Shred Truck, $50 for Sr.
ANNOTATED AGENDA March 17, 2020
Page 2 Awareness, $100 for Garden Party, $50 for Fall Lunch, and $100 for Holiday Lunch.
MOTION: Adopt the Resolution accepting the donation of $500 from SouthWest Transit towards the Senior Center Programs.
C. ACCEPT DONATION OF $150 FROM OASIS SENIOR ADVISORS FOR SENIOR CENTER SUMMER BBQ AND THE HOUSING TOUR
(Resolution) Synopsis: The donation of $150 from Oasis Senior Advisors will go towards the Senior Center Summer BBQ ($100) where they enjoy live music and a great meal
and the Housing Tour ($50) where we tour many of the various senior housing
facilities in Eden Prairie. MOTION: Adopt the Resolution accepting the donation of $150 from
Oasis Senior Advisors towards the Senior Center Summer BBQ
($100) and the Housing Tour ($50).
D. ACCEPT DONATION OF $8,500 FROM EDEN PRAIRIE LIONS CLUB FOR FIRE DEPARTMENT EQUIPMENT (Resolution) Synopsis: The donation of $8,500 from the Eden Prairie Lions Club will go
towards the purchase of emergency services equipment, including airway
management mannequins. MOTION: Adopt the Resolution accepting the donation of $8,500
from the Eden Prairie Lions Club towards the purchase of emergency
services equipment including airway management mannequins for the
Fire Department.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 18, 2020
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 18, 2020
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
ANNOTATED AGENDA March 17, 2020
Page 3 MOTION: Move approval of items A-W on the Consent Calendar.
A. CLERK’S LICENSE LIST
B. CENTRAL MIDDLE SCHOOL ADDITIONS AND REMODEL 2020 by Eden
Prairie Public Schools. Second Reading of an Ordinance for PUD District Review
with waivers and zoning district change from Industrial, Rural, and R1-22 to Public on 57.4 acres; Resolution for Site Plan Review on 57.4 acres (Ordinance for PUD district review and zoning district change; Resolution for Site Plan) C. AMENDED AND RESTATED DEVELOPMENT AGREEMENT FOR PARAVEL First Amendment to Development Agreement
D. HEULER PROPERTY DEVELOPMENT AGREEMENT AMENDMENT by
Kelli Heuler. First Amendment to Development Agreement
E. ADOPT RESOLUTION APPROVING FINAL PLAT OF CASTLE RIDGE 4TH ADDITION
F. AWARD CONTRACT FOR COUNCIL CHAMBERS CONTROL ROOM SWITCHER REPLACEMENT TO AVI SYSTEMS, INC. G. APPROVE USE OF $5,000 IN CDBG PROGRAM INCOME FUNDS FOR
THE HOMELESS PREVENTION PROGRAM ADMINISTERED BY PROP
H. AWARD CONTRACT FOR 168TH AVENUE SIDEWALK IMRPOVEMENT PROJECT TO BKJ EXCAVATING
I. AWARD CONTRACT FOR PURCHASE OF PLAY STRUCTURES AT FRANLO AND CRESTWOOD PARKS TO MIDWEST PLAYSCAPES J. AWARD CONTRACT FOR ASPHALT PROJECTS AT MILLER, SMETANA AND CARMEL PARKS TO MINNESOTA ROADWAYS
K. AWARD CONTRACT FOR ANDERSON LAKES PARKWAYS SIDEWALK
IMPROVEMENT PROJECT TO ODESSA II
L. APPROVE AGREEMENT FOR 2020 DROP OFF DAY EVENT MATERIAL DISPOSAL WITH REPUBLIC SERVICES
M. AWARD CONTRACT FOR ENTRY MONUMENT SIGN AT CSAH 5 AND DELL ROAD TO BLACKSTONE CONTRACTORS N. ADOPT RESOLUTION APPROVING AGREEMENT FOR COST
PARTICIPATION IN CONSTRUCTION OF EDEN PRAIRIE TOWN
CENTER STATION WITH HENNEPIN COUNTY
ANNOTATED AGENDA March 17, 2020
Page 4
O. AMEND SUBRECIPIENT AGREEMENT FOR EDEN PRAIRIE TOWN CENTER STATION WITH WITH METROPOLITAN COUNCIL P. AWARD CONTRACT FOR 2020 CRACKSEAL PROJECT TO ASTECH CORPORATION Q. AWARD CONTRACT FOR 2020 STREET STRIPING PROJECT TO SIR LINES-A-LOT
R. APPROVE AGREEMENT FOR CONDUCTING WATERCRAFT
INSPECTIONS WITH WATERFRONT RESTORATION
S. APPROVE AGREEMENT FOR WEED HARVESTING IN MITCHELL AND RED ROCK LAKES WITH J&N WEED HARVESTING
T. APPROVE AGREMENT FOR LOWER RILEY CREEK WATERSHED OUTLET MONITORING WITH WENCK ASSOCIATES U. AWARD CONTRACT FOR QUIET ZONE IMPROVEMENTS TO
THOMAS & SONS CONSTRUCTION
V. AMEND AGREEMENT FOR PRESERVE BOULEVARD RECONSTRUCTION PROJECT WITH SRF
W. AWARD CONTRACT FOR 2020 OVERLAY CURB TO CURB MASTERS IX. PUBLIC HEARINGS / MEETINGS
A. EDEN RIDGE, LLC by Eden Ridge, LLC. Resolution for PUD Concept Review
on 4.3 acres; First Reading of an Ordinance for PUD District Review with waivers
and zoning district change from Rural to R1-9.5 on 4.3 acres; Resolution for Preliminary Plat on 4.3 acres (Resolution for PUD Concept; Ordinance for PUD district amendment and zoning change; Resolution for Preliminary Plat) Synopsis: The applicant is requesting approval to develop 15807 and 15817
Valley View Road into 10 single-family lots. The property is located about ¼ mile east of Eden Prairie Road on the south side of Valley View Road. The property contains two parcels for a total of 4.3 acres. Each parcel currently contains a single-family home that will be razed before construction begins. The
project is consistent with the Low-Density Residential guiding. The applicant is
requesting to rezone the property from Rural to R1-9.5. The property is surrounded by single-family development. There is an approximate rise of 50 feet of topography from the east to the west side of the property. The property is wooded particularly around the perimeter.
ANNOTATED AGENDA March 17, 2020
Page 5 MOTION: Move to:
• Close the Public Hearing; and
• Adopt a Resolution for a Planned Unit Development Concept
Review on 4.3 acres; and
• Approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with waivers and a Zoning District Change from Rural to R1-9.5 on 4.3 acres; and
• Adopt a Resolution for a Preliminary Plat to divide 2 lots into 10
lots on and two outlots on 4.3 acres; and
• Direct Staff to prepare a Development Agreement incorporating
Staff and Commission recommendations and Council
conditions; and
• Authorize the issuance of an early Land Alteration Permit for
Eden Ridge Estates at the request of the Developer subject to the
conditions outlined in the permit.
B. GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT by Opus Development Company LLC. Resolution for PUD Concept Review on 10.258 acres; First Reading of an Ordinance for PUD District Review with waivers and zoning district change from Rural and I-2 and Parks and Open Space on 10.258
acres; Resolution for Preliminary Plat on 10.258 acres (Resolution for PUD
Concept; Ordinance for PUD district review and zoning change; Resolution for Preliminary Plat) Synopsis: The applicant is requesting to construct an approximately 130,130
square foot, single story industrial building on the southwest corner of Valley
View Road and Golden Triangle Drive. The property is currently zoned Rural and is proposed to be rezoned to Industrial I-2 and Parks and Open Space. The building is designed to be flexible to accommodate a range of tenant needs, and it complies with architectural standards for the Industrial Zoning District, shown in
the image below.
The Site Plan is for an anticipated building use of 80 percent warehouse and 20 percent office. Parking will be located in front of the building and along the
southern property line with truck docks along the back, western side of the
building. The site meets parking requirements for this usage percentage, including
ANNOTATED AGENDA March 17, 2020
Page 6 26 spaces provided as proof of parking. One electric vehicle charging station is also proposed. There will be one access on Golden Triangle Drive and two on
Valley View Road, one for trucks and one for vehicles.
An Alternative Site Plan was also submitted to show how parking could be accommodated on the site with different building uses, up to 50 percent warehouse, 25 percent office, and 25 percent manufacturing. In the Alternative User Site Plan, 294 parking spaces can be provided to meet tenant needs. With
lower warehouse use in the Alternative User Site Plan, it is proposed that unused
dock doors will be converted to materials consistent with the other façade materials and comply with architectural standards. Aside from parking and dock doors, all other site plan elements are the same between the Site Plan and the Alternative User Site Plan.
MOTION: Move to:
• Close the Public Hearing; and
• Adopt a Resolution for Planned Unit Development Concept
Review on approximately 10.258 acres; and
• Approve the 1st reading of the Ordinance for Planned Unit
Development District Review with waivers and a Zoning
District Change from Rural to Industrial I-2 and Parks and
Open Space on 10.258 acres; and
• Adopt a Resolution for a Preliminary Plat of one lot into one lot and one outlot on 10.258 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council
conditions.
C. 2020 CDBG FUNDS (Resolution)
Synopsis: The office of Housing and Urban Development (HUD) has announced
Eden Prairie’s 2020 CDBG allocation to be $285,678. Federal regulations stipulate that public service funding may not exceed 15 percent of the City’s total allocation ($285,678), plus 15 percent of the previous year’s program income ($150,000). $95,000 in prior year program income will be used for 2020 activities which will bring the total funding amount to $380,678. Any additional
program income received will be used to cover expenses generated in an existing CDBG Program or activity and not just expenses related to the activity generating the income. The Human Services Review Committee reviewed the 2020 CDBG proposals and recommended the following activities be funded.
ANNOTATED AGENDA March 17, 2020
Page 7
MOTION: Close the public hearing and Adopt the Resolution
approving the use of 2020 CDBG funds as recommended by the Eden
Prairie Human Services Review Committee.
D. VACATION OF BELLERIEVE EASEMENTS (Resolution)
Synopsis: The property owners of Lot 9 and 10, Block 1, Bellerieve, have requested the vacation of a part of the drainage and utility easements over these lots to facilitate the building of a new home. MOTION: Move to:
• Close the public hearing; and
• Adopt the Resolution vacating Drainage and Utility Easements.
X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call
Vote).
XI. ORDINANCES AND RESOLUTIONS
A. CLIMATE ACTION PLAN (Resolution) Synopsis: In 2019, the City initiated an effort to develop a communitywide
Climate Action Plan with a goal of eliminating carbon and greenhouse gas emissions by 2050. City staff, with the Conservation Commission and City Council input, have completed the Eden Prairie Climate Action Plan, made a final presentation of the plan at the February 18, 2020 City Council meeting, and are
requesting adoption of the plan at the March 17, 2020 City Council meeting.
MOTION: Move to adopt the resolution approving the Eden Prairie
Climate Action Plan.
Public Service Activities Funding Level
PROP (Housing Support Services) $30,000
PROP (Emergency Vehicle Repair) $15,000
PROP (Child Care) $4,000
HOME (Household & Outside Maintenance for the Elderly) $12,000
Subtotal $61,000
Housing Activities Funding
Level
Housing Rehabilitation Deferred Loan Program $163,678
Affordable Housing – WHAHLT $80,000
Affordable Housing – First Time Homebuyer $20,000
Fair Housing Initiative $2,000
Program Administration $54,000
Total $380,678
ANNOTATED AGENDA March 17, 2020
Page 8 B. FIRST AND SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.23 RELATING TO RENAMING CITIZEN ADVISORY CONSERVATION COMMISSION TO CITIZEN ADVISORY
SUSTAINABILITY COMMISSION Synopsis: The Citizen Advisory Conservation Commission acts in an advisory capacity to the City Council and staff about policies and practices that promote
the sustainable development and conservation of Eden Prairie’s resources.
City Council and staff have expressed interest in the name change due to the the term “Sustainability” being more current and cohesive with the City’s Sustainable Eden Prairie initiative.
The Conservation Commission voiced no concerns with a Commission name change at the March 10, 2020 meeting. MOTION: Move to approve the first and second reading of an
Ordinance amending City Code Section 2.23, relating to renaming the
Citizen Advisory Conservation Commission to Citizen Advisory
Sustainability Commission.
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
A. 2020 COMMISSIONS
Synopsis: The City Council hosted Commission interviews on Monday, March 2, 2020. All terms will begin on April 1. A required orientation session for new commissioners will be held on Tuesday, March 24.
MOTION:
• Move to: Appoint to the Conservation Commission Daniel Katzenberger, Bruce Schaepe, and Nik Sell with terms ending
March 31, 2023; and
• Move to: Appoint to the Flying Cloud Airport Advisory
Commission Daniel Dorson, Andrew Kleinfehn, and Dave Rosa,
with terms ending March 31, 2023; and Keith Tschohl with a
term ending March 31, 2022; and
• Move to: Appoint to the Heritage Preservation Commission Rod Fisher with a term ending March 31, 2023; and
• Move to: Appoint to the Human Rights and Diversity Commission Anjali Limaye and Katherine Lucht with terms
ANNOTATED AGENDA March 17, 2020
Page 9 ending March 31, 2023; and
• Move to: Appoint to the Parks, Recreation & Natural Resources
Commission Cecilia Cervantes, Patrice Erickson, Andrew
McGlasson, Tom Poul, and Shanti Shah with terms ending
March 31, 2023; and
• Move to: Appoint to the Planning Commission William Gooding, Rachel Markos, Andrew Pieper, and Lisa Toomey with terms ending March 31, 2023; and Michael DeSanctis and John
Kirk with terms ending March 31, 2022.
B. 2020 COMMISSION CHAIRS & VICE CHAIRS
Synopsis: Chairs and Vice Chairs are appointed annually by the City Council
following the appointment of members to City Commissions. The City Council
hosted Commission interviews on Monday, March 2, and determined Chair and Vice Chair assignments for the period of April 1, 2020, through March 31, 2021. MOTION:
• Move to: Appoint Cindy Hoffman Chair and Aaron Poock Vice
Chair of the Conservation Commission; and
• Move to: Appoint Bob Barker Chair and Daniel Dorson Vice
Chair of the Flying Cloud Airport Advisory Commission; and
• Move to: Appoint Steve Olson Chair and Tara Kalar Vice Chair of the Heritage Preservation Commission; and
• Move to: Appoint Gregory Leeper Chair and Shahram Missaghi Vice Chair of the Human Rights and Diversity Commission;
and
• Move to: Appoint Larry Link Chair and Patrice Erickson Vice
Chair of the Parks, Recreation and Natural Resources
Commission; and
• Move to: Appoint Andrew Pieper Chair and Ed Farr Vice Chair
of the Planning Commission.
C. 2020 BOARD OF APPEAL AND EQUALIZATION Synopsis: The proposed members for Council approval are Eden Prairie residents and experienced real estate professionals with extensive knowledge of the Southwest metro area.
• Lyndon Moquist of Edina Realty is involved in the sale of residential properties in the southwest metro area and manages the Eden Prairie office of Edina Realty.
• Annette O’Connor of Coldwell Banker Burnet Realty is involved in the sale of residential properties in the southwest metro.
ANNOTATED AGENDA March 17, 2020
Page 10
• Todd Walker of Coldwell Banker Burnet Realty is involved in the sale of residential properties in the southwest metro.
• Nate Thompson of Edina Realty is involved in the sale of residential properties in the southwest metro.
• Kristin Rial of Edina Realty is involved in the sale of residential properties in the southwest metro.
MOTION: Move to Appoint to the Board of Appeal and Equalization
• Lyndon Moquist
• Annette O’Connor
• Todd L. Walker
• Nate Thompson
• Kristin Rial
for the period of March 1, 2020 through May 31, 2020, or until the
Board of Appeal and Equalization completes its work.
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Mayor’s Water Challenge (Resolution) Synopsis: The attached resolution is a commitment from the City of Eden Prairie to once again support water conservation efforts by encouraging
residents to participate in the Mayor’s Challenge for Water Conservation
from April 1 to April 30, 2020. MOTION: Move to adopt the resolution supporting the
Wyland Mayor’s Challenge for Water Conservation.
2. Extending the Period of a Local Emergency (Resolution) MOTION: Move to adopt the resolution enacted pursuant to
Minnesota Statutes Section 12.29 extending the period of a local
emergency.
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
ANNOTATED AGENDA March 17, 2020
Page 11 G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
March 17, 2020
DEPARTMENT / DIVISION:
Jaime Urbina, Manager
Administration / Liquor Operations
ITEM DESCRIPTION:
PROP Food Shelf Collection
ITEM NO.:
IV.A.
Synopsis Throughout the month of November, the City's three municipal liquor stores partnered with the PROP food shelf and invited customers to donate to the food shelf. Eden Prairie Liquor stores held a Dollar Drive inviting customers to contribute just $1 each time they visited. In addition, the liquor operation hosted a Happy Hour for Hunger event aimed at collecting donations to help fill
the food shelves this holiday season. We would like to thank Eden Prairie Liquor patrons for their generosity.
Together, these efforts raised a total of $4,669.80 and 282 pounds of food for PROP food shelf.
Background Information
The City's three municipal liquor stores partnered with PROP to give back to the community.
PROP’s mission is to compassionately provide food and comprehensive support to people in Eden Prairie and Chanhassen who are facing financial hardship or crisis to create a path toward greater self-sufficiency. Their primary services include a food shelf, short-term financial help, support for low-income families with children and teens, and support for seniors and individuals with disabilities.
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
March 17, 2020
DEPARTMENT / DIVISION:
Jay Lotthammer Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from SW Transit towards Senior Center programs
ITEM NO.:
IV.B.
Requested Action Move to: Adopt Resolution accepting the donation of $500 from SouthWest Transit towards the Senior Center Programs. Synopsis The donation of $500 from SouthWest Transit will go towards the Senior Center Programs. Specifically: $150 for Shred Truck, $50 for Sr. Awareness, $100 for Garden Party, $100 for Fall Lunch, and $100 for Holiday Lunch. Background The Eden Prairie Senior Center hosts classes, trips and events for adults of all ages. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $500 to be used for the Senior Center programs of $200 for Shred Truck, $50 for Senior Awareness, $100 for Garden Party, $50 for Fall Lunch, and
$100 for Holiday Lunch from SouthWest Transit is hereby recognized and accepted by the Eden
Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of March, 2020.
___________________________ Ronald A. Case, Mayor
ATTEST:
___________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
March 17, 2020
DEPARTMENT / DIVISION:
Jay Lotthammer Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Oasis Senior Advisors towards Senior Center programs
ITEM NO.:
IV.C.
Requested Action Move to: Adopt Resolution accepting the donation of $150 from Oasis Senior Advisors
towards the Senior Center Summer BBQ ($100) and the Housing Tour ($50). Synopsis
The donation of $150 from Oasis Senior Advisors will go towards the Senior Center Summer BBQ ($100) where they enjoy live music and a great meal and the Housing Tour ($50) where we tour many of the various senior housing facilities in Eden Prairie. Background
The Eden Prairie Senior Center hosts classes, trips and events for adults of all ages. Approximately 90 people attend the BBQ held at the Senior Center each year. Oasis Senior Advisors helps individuals find the right senior housing.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $150 to be used for the Senior Center Summer BBQ ($100) and the Housing Tour ($50) from Oasis Senior Advisors is hereby recognized and accepted by
the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of March, 2020.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
March 17, 2020
DEPARTMENT / DIVISION:
Scott Geber Chief, Fire Department
ITEM DESCRIPTION:
Donation from Eden Prairie Lions Club towards fire department equipment
ITEM NO.:
IV.D.
Requested Action Move to: Adopt Resolution accepting the donation of $8,500 from the Eden Prairie Lions
Club towards the purchase of emergency services equipment including airway management mannequins for the Fire Department. Synopsis
The donation of $8,500 from the Eden Prairie Lions Club will go towards the purchase of emergency services equipment, including airway management mannequins. Background
The Eden Prairie Fire Department responds to fire, medical and other special incidents. Training for our firefighters in specialized equipment utilization, such as advanced airway management, is critical to our effective service delivery. Training equipment such as airway manamangent mannequins, will allow our staff to be proficient and effective in airway management skills.
Training and utilization of other fire and emergency services equipment is also important to our effective service delivery. Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-35 RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $8,500 from the Eden Prairie Lion’s Club to be used
towards the purchase of emergency services equipment for the fire department is hereby
recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of March, 2020. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________
Kathleen Porta, City Clerk
UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, FEBRUARY 18, 2020 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark
Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. HOUSING TASK FORCE
Case stated the Council is determining what path to take in regards to affordable housing, and
the Housing Task Force (HTF) is assisting in researching some of those options. Stanley
provided an overview of areas of research, inclusionary housing policy recommendations,
tenant protection ordinance findings, and next steps.
Stanley noted the HTF has received presentations from many experts in the field. The HTF
has researched inclusionary housing, naturally occurring affordable housing (NOAH)
preservation, tenant protection ordinances, affordable housing trust funds, and out of the box
housing strategies and ideas. Out of the box housing strategies could include accessory
dwelling units, granny flats, tiny houses, micro units, and single room occupancies.
Nelson inquired whether a basement or sectioned off portion of the house can be rented out.
Stanley responded those are typically identified as an accessory dwelling unit. Case inquired
if this type of housing requires a permit. Jeremiah responded single family residential
properties are allowed to have separate living areas, but they are not allowed to be
completely barricaded and separated. This type of unit would require a renter’s license
depending on the number of non-related occupants and the type of separating structure
between units. Case added the City would need to make minor adjustments to the City Code
to make some of these options a reality.
Nelson inquired if zoning is only single family or multi-family. Jeremiah stated based on
density, there are various levels of options. There is some attached housing in single-family
densities approved by the Planned Unit Development (PUD). Nelson added Minneapolis has
ITEM NO. VI.A.
City Council Workshop Minutes February 18, 2020
Page 2 done away with single family, and there can be two or more units on a lot. She would like
more information on what other cities have been doing in these regards.
Stanley stated Columbine Townhomes tenants mentioned they are unaware of who to call in
regards to issues they’re facing. This prompted the idea of creating renter-focused advocacy
materials. The subcommittee focusing on out of the box ideas has also discussed building and
maintaining relationships and partnerships with non-profits and community organizations.
Stanley discussed the Inclusionary Housing Policy recommendations. It is recommended
inclusionary housing is triggered by request for PUD, zoning or Comprehensive Plan change,
or City financial assistance. The developer would benefit from City financial assistance such
as tax increment financing (TIF). This would reserve the right for the City to negotiate
additional affordability. The HTF recently studied the type of affordable units the City is
procuring, and there have commonly been units at 50 percent of average median income
(AMI) in exchange for TIF. It would be beneficial to seek some variety in AMI levels.
Aho inquired if the City is aware of the effectiveness of reduced rent and if there are metrics
available on how many units are occupied. Stanley replied the City does receive statistics on
income, AMI, and units being filled. Residents of these units have to qualify to live in the
units. Narayanan asked if residents need to qualify annually. Stanley replied yes. Case
inquired if they would have to move out of their unit if they no longer qualify. Jeremiah
stated sometimes there is an overall total of units needing to be met in a development, and a
different unit could be offered at that level of AMI.
Freiberg inquired about the buyout of $100,000 per unit the City of Edina offers. Stanley
replied there will be further discussions later in the presentation. Narayanan inquired how
many residents qualify, then have an increase in income so they no longer qualify. Stanley
responded this statistic is not typically measured. Jeremiah added the needs analysis done
before Aspire 2040 provides information on how the City is doing meeting the needs of
residents. The City is doing well with 50 percent AMI, but there are still needs for 30, 60,
and 80 percent AMI. Another good indicator is retail, hotel, and service industry jobs are
being filled because people can live close to their job. Palmquist added People Reaching Out
to People (PROP) measures how many people utilize their services at the beginning and end
of the year. Typically it is one third less utilizing their services by the end of the year.
Nelson inquired if the strategies being used are helping young families move to the City.
Jeremiah responded on TIF projects and inclusionary housing, the City has provided
guidelines and specific reports for units in order to meet the needs of the market and
residents. The guidelines determine the number of bedrooms or the type of unit that will be
affordable. Some senior living has utilized State resources to help subsidize units. City
subsidies have been mostly reserved for families.
City Council Workshop Minutes February 18, 2020
Page 3 Stanley stated the HTF recommends the Inclusionary Housing Policy apply to all multi or
single-family developments of 15 units or more. This is an increase from the draft policy. For
multi-family, the developer would choose between five percent at 30 percent of AMI, 10
percent at 50 percent of AMI or 15 percent at 60 percent of AMI. This matches the Brooklyn
Park policy and is similar to St. Louis Park. The policy would include restrictions in
perpetuity, but the owner would have the option to buy out after a certain specified period.
The change from the draft is due to developer feedback. Perpetuity is unique to the region.
Narayanan clarified if the buyout would require negotiation with the City. Stanley replied
yes. Fischer stated the in perpetuity discussion was the only item there was not complete
consensus on between the HTF. Thoughts were it may deter development, but the alternative
is to be back in a similar situation of lacking affordable housing in 20 years.
Case inquired if recent projects such as Elevate includes inclusionary housing. Jeremiah
responded Elevate was approved before the City began implementing inclusionary housing.
There was a requirement for affordable units with TIF. A recent development, Paravel, had
concerns with perpetuity. Staff asked developers to propose a new idea in exchange for the in
perpetuity of the units. Staff also reminded the developer development agreements are
amendable, so changes could be considered in the future. Case noted it would be helpful to
provide a few alternatives to in perpetuity units for the Council to consider.
Palmquist noted it is unlikely the City will achieve Metropolitan Council’s numbers for
affordable units. Aho inquired if the City could ever achieve the numbers since they seem
unattainable. Stanley added the Metropolitan Council negotiates with communities, and they
acknowledge it would be a stretch to achieve the number of affordable units with available
public resources. Fischer added it is difficult to say if those numbers could be attainable over
the course of twenty or more years. Stanley added this has showcased the need for an
inclusionary policy so developments are adding some level of affordability.
Stanley stated the HTF also recommends inclusionary housing applies to rehab of multi-
family properties if City assistance is involved. Nelson noted recently some affordable units
were expiring for developments, and the City was able to retain those affordable units when
they decided to rehab. Jeremiah stated in regards to housing revenue bonds, staff included
conditions a few years ago stating they could not reject people with section eight vouchers.
Staley stated for single-family, the developer chooses between building 10 percent at 120
percent of AMI or to pay a to-be-determined in lieu fee. The City will need to determine
what an acceptable fee would be. The City also determines a package of cost offsets and
incentives available to developers whose projects trigger the inclusionary requirements and
demonstrate financial need. Aho added it is important to have a tool set to assist developers.
The City also has to treat developers equally with policies. Case noted in Edina all of the
developers have chosen payment-in-lieu. He inquired if it has been successful and if other
communities are accepting payment-in-lieu. Getschow replied it is unlikely St. Louis Park or
City Council Workshop Minutes February 18, 2020
Page 4 Edina have had any payments-in-lieu for single-family home developments. The payments
have been for multi-family housing. Case added the City has potential for more single-family
developments, so payment-in-lieu may be a useful tool.
Nelson stated developers should consider building lower or mid-range priced homes. Case
added it may not be possible to build a home in those price ranges in Eden Prairie due to land
and building costs. Facts on this topic would be helpful to better inform the Council in
answering questions about the housing stock and its capabilities. Fischer noted Habitat for
Humanity has not been able to build a home in Eden Prairie in their price range due to cost of
land, taxes, and overall build.
Stanley provided a chart of comparisons between neighboring cities and the
recommendations of the HTF. The recommendations are in line with what other cities are
doing. Most of the cities have organized their ordinances to match their definition of NOAH
properties. Consider applying this to all multi-family properties. Tenant protection
recommendations would be for evictions without cause, material change in lease, rent
increases, and rescreenings. Written notices would be required within 30 days, the tenant
protection period would be 90 days, and three months rent would assist with relocation. Case
inquired if there are limitations to increasing the rent if the multi-family dwelling is sold and
renovated by the new owner. Aho noted if notice is given and the lease is ending this would
be appropriate. Case inquired what protections would be in place if changes are not due to a
sale. Stanley stated all the comparison cities are based on sale, but the HTF is reviewing how
the policy could be inclusive.
Nelson inquired about ongoing issues with maintenance in apartment buildings. Palmquist
responded the HTF has not created recommendations around maintenance. They are still
considering and addressing this issue as well as others. Jeremiah stated at the last capital
improvement plan (CIP) meeting, money is now designated to a fund with potential to be
used as an incentive for improvements.
Aho stated it is important to consider the impact of policies being drafted so they are not
creating unintended consequences of creating less development and affordable housing.
Nelson added it is also important to make sure it is also quality affordable housing. Case
noted it is important to have available housing.
Stanley stated the one caveat of tenant protection ordinances as a Plan B statutory City is the
City cannot enact anything construed as rent control. Neuville added there is no definition of
rent control under state law, so there is risk of interpretation.
Palmquist noted one thing to consider in regards to mixed-income housing, it may be better
and easier for developers to have a small unit as all affordable housing.
City Council Workshop Minutes February 18, 2020
Page 5 Open Podium - Council Chamber (6:30) II. OPEN PODIUM
“Team Curiosity” Robotics team sponsored by Eden Prairie Education Center presented a project they have been working on. Team members Sravika Vadrevu, Spandan Datta, Shivanee Kartheesan, Adithya, and Janika Kannappuyanesh are Eden Prairie residents
who developed a robot to roll a toilet cover over a portable restroom toilet. It would roll a
closed sheet on top of the toilet seat, and the motion sensor would detect when to roll an open toilet seat cover. Case stated he was impressed with the hard work they have put into this project.
Aho inquired if they intend to produce this product, and if so they should consider a patent. “Team Curiosity” responded they would like to install this in a few portable restrooms to show manufacturers its capabilities. III. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 18, 2020 7:00 PM, CITY CENTER Council Chamber
8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, and Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Maggie Neuville, and
Council Recorder Jan Curielli
I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present.
II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS
A. ACCEPT DONATION OF $200 FROM OSR PHYSICAL THERAPY FOR ALMOST SPRING LUNCH (Resolution No. 2020-30) Lotthammer reported we received a donation of $200 from OSR Physical Therapy for the Senior Center Almost Spring Lunch.
MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2020-30 accepting the donation of $200 from OSR Physical Therapy for the Senior Center special event of Almost Spring Lunch. Motion carried 5-0.
Narayanan was amazed by how many donations we receive. So far this year we have received $2600. Donations are a great deal for the City. B. ACCEPT DONATION OF $300 FROM EDEN PRAIRIE LIONS CLUB FOR STARING LAKE OUTDOOR CENTER PROGRAMS (Resolution No. 2020-31) Lotthammer said the Lions Club is donating $300 for programs at Staring Lake
Outdoor Center. He noted this is their second donation this year. They also help with
fund raisers and other City events.
ITEM NO. VI.B.
CITY COUNCIL MINUTES February 18, 2020
Page 2 MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No. 2020-31 accepting the donation of $300 from Eden Prairie Lions Club for the Staring Lake
Outdoor Center programs. Motion carried 5-0.
C. XCEL ENERGY’S FLEX PRICING PILOT PROGRAM Getschow stated the topic of tonight’s meeting is sustainability, and Michelle Swanson from Xcel Energy is here to give a presentation about their flex pricing pilot program. Michelle Swanson, Community Relations Manager for Xcel Energy, gave a PowerPoint
presentation about their flex pricing pilot program which will begin in April 2020 in parts of Eden Prairie and South Minneapolis. She reviewed Xcel Energy’s three strategic priorities: to lead the clean energy transition; to enhance the customer experience; and to keep energy bills low.
Nikki Caicedo, Xcel Energy Program Manager, continued the PowerPoint presentation and explained the objectives of the flex pricing pilot program. Objectives included providing rates that accurately reflect the costs of energy, reducing peak demand related costs, indemnify low-income customers, give customers adequate tools to access and understand their usage data, identify and explore effective customer engagement
strategies, and shift customer energy use to overnight period when wind generation is highest. She reported there will be 17,500 participants in the pilot program with homes powered by advanced meters that will allow the participants to see details of their energy data. The program goes live on April 1, 2020, and runs for two years. She reviewed the rate structure and noted the hours from 12:00 a.m. to 6:00 a.m. have the
lowest rates while 3:00 pm to 8:00 pm have the highest rates. Their community engagement plan will strive to elevate awareness of the pilot program implementation and provide education about the benefits of flex pricing. They will identify key community leaders in Eden Prairie to help distribute information about the program.
Freiberg asked for a comparison of the flex pricing and regular pricing. Ms Caicedo replied the standard rate is 11¢ per kilowatt hour, and changing the time of usage for appliances such as air conditioning and the dishwasher should produce quite a savings. Nelson asked if program participants are located all over the City because she did not
receive a notice about the program. Ms Caicedo responded it is spread over portions of Eden Prairie and includes approximately 5,000 households in the City. Narayanan asked if the time schedule for the various rates is the same time on
weekends and weekdays. Ms Caicedo replied the weekend does not have a peak period
so there is no rate savings on weekends or on holidays. Aho asked if that is because businesses use more power during the week. Ms Caicedo agreed, but further explained the program was approached on a residential basis.
Narayanan asked which device in the household uses the most energy. Ms Caicedo
explained by and large it is the air conditioner, and managing use of air conditioning
CITY COUNCIL MINUTES February 18, 2020
Page 3 will produce the most savings.
Case noted Xcel is one of the leaders in the U.S. with their carbon neutral goal of 2050
and their plans to mothball their coal-powered plants by 2028. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Freiberg, to approve the agenda as published. Motion
carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 4, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 4, 2020 MOTION: Narayanan moved, seconded by Nelson, to approve the minutes of the
Council Workshop held Tuesday, February 4, 2020, and the City Council meeting held
Tuesday, February 4, 2020, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. ADOPT RESOLUTION NO. 2020-32 APPROVING FINAL PLAT OF SPRING
HEIGHTS 2ND ADDITION C. APPROVE AGREEMENT WITH HTPO FOR CONCEPT LAYOUT DESIGN SERVICES FOR MARTIN DRIVE TRAIL PROJECT D. AWARD CONTRACT FOR TWIN LAKE CROSSING TRAIL REHABILITATION PROJECT TO ODESA II INC. E. APPROVE AGREEMENT WITH HENNEPIN HEALTHCARE FOR EMS EDUCATION SERVICES F. APPROVE SUPPLEMENTAL AGREEMENT NO. 15 WITH HENNEPIN COUNTY FOR ADDITIONAL SOIL CORRECTION ASSOCIATED WITH CSAH 61 (FLYING CLOUD DRIVE) UTILITY IMPROVEMENTS G. AWARD CONSTRUCTION CONTRACT FOR SERVICE AND UPGRADE TO MUNICIPAL WELL NO. 3 TO KEYS WELL DRILLING
CITY COUNCIL MINUTES February 18, 2020
Page 4 H. AWARD CONSTRUCTION CONTRACT FOR SERVICE AND UPGRADE TO MUNICIPAL WELL NO. 6 TO KEYS WELL DRILLING I. AWARD CONTRACT FOR 2020 STREET SWEEPING TO PEARSON BROTHERS, INC. J. AWARD CONTRACT FOR 2020 CURB & GUTTER REPLACEMENT PROJECT TO BKJ LAND CO II, INC. K. AWARD CONTRACT FOR ASPHALT PATCH TRUCK RECONDITIONING AND UPDATES TO ABM EQUIPMENT & SUPPLY LLC MOTION: Narayanan moved, seconded by Nelson, to approve Items A-K on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.”
XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Climate Action Plan Presentation Ellis introduced Becky Alexander, LHB Consulting. He reported we have the
final draft of the Eden Prairie Climate Action Plan, and he and Ms Alexander will give a PowerPoint presentation describing the plan. He reviewed the
CITY COUNCIL MINUTES February 18, 2020
Page 5 milestones for the plan which began in June 2019 with input from the Conservation Commission and the City Council. He explained the baseline
emissions data, the forecast for business-as-usual, and the strategic emissions
reduction plan. Emissions reductions are planned for building energy use, the energy grid, vehicle travel and waste. Ms Alexander reviewed the baseline data for the City emissions. She reported
the City has reduced emissions 19% since 2007, in large part because of
efficiencies in the electric grid. Aho asked if the use of electricity has also gone down, partly because of the way electricity is generated, so the majority of the reduction in carbon
emissions is due to Xcel’s efficiencies. Ms Alexander agreed that Xcel does
produce cleaner electricity now. Ms Alexander explained for both near and long term goals the planned emissions reductions in commercial/industrial energy involves buildings
going through energy efficiency retrofits as well as some near term actions.
She reviewed the energy actions planned for commercial/industrial buildings. Case was concerned that our efforts in the City might not be as meaningful as we thought if 10% of the reduction occurred because of Xcel. Ms Alexander
explained the math is somewhat tricky, but there was a 40% reduction in
electricity emissions and, of that, a 10% drop in electricity consumption and a 33% drop in grid emissions. Aho noted the City had a significant growth in population during the last ten years, so a 10% reduction is quite good.
Case wanted to make sure the initiatives are going to work. There will be a
significant drop in emissions by 2050 even if no initiatives are undertaken by the City. He wanted to know what reductions we will be able to realize with the initiatives. Ellis responded Xcel is just one piece of the energy picture. Natural gas is another part of the picture, and there are no plans at this time
for CenterPoint to become carbon neutral. We know Xcel is moving in the
right direction. He believed the challenge will be to get the last 3-5% of the efficiency goal. Narayanan suggested we may have more control over the electric vehicle
aspect of energy efficiencies. Aho noted energy efficiency will improve as
more electric vehicles come on line and Xcel improves their efficiency. Ms Alexander agreed that will reduce the overall load. Ms Alexander reviewed the long term goals for actions planned in the areas of
residential energy and the electric grid mix.
Case asked if the use of such things as solar energy help the percentage numbers. Ms Alexander responded there are different models of how on-site
CITY COUNCIL MINUTES February 18, 2020
Page 6 renewables affect the efficiencies; however, such measures are not counted if they are not tied into the grid. Aho noted those measures reduce the need for
building new plants.
Ms Alexander explained the renewable energy actions planned which included 10% reduction by on-site renewables through such measures as new construction being solar ready.
Freiberg asked about requiring new construction to be solar ready. Ms Alexander replied being solar ready is a combination of things including making sure the building is sited properly and materials used for the roof structure and the slope of the roof are adequate for solar. Freiberg asked if that
would be a substantial part of the investment for being solar ready. Ms
Alexander responded those actions would add somewhat to the initial costs, but would not be nearly as expensive as the costs for a retrofit. Ms Alexander reviewed other points in the plan including fuel-switching
actions to decarbonize from natural gas to electricity, travel strategies to
reduce vehicles miles driven and the use of electric vehicles, waste strategies for reduction and diversion to 100% by 2050. Case asked how it would be possible to generate zero emissions. Ms
Alexander replied through reducing waste generated as much as possible by
composting and recycling. Narayanan asked if any cities are mandating that new construction have solar. Ms Alexander responded she did not know of any cities mandating solar for
new houses, although she has seen some regulation of rebuilding. She has
seen more regulation of commercial construction for net zero energy. She noted it is beneficial to have options and to have a state building code. Case asked if other cities on the same path have similar plans as Eden
Prairie’s plan. Ms Alexander replied the effort has started world-wide with
larger cities, and there are a lot of cities of all sizes committing to these types of goals. There is a lot of talk about carbon neutrality. Ellis said the Council will be asked to adopt the Climate Action Plan at the
next Council meeting. There will be two-year updates of the plan to remodel
actual and predicted emissions and to reevaluate actions as we go. Some of the initial projects will include electric-hybrid plug-in heavy-duty trucks, electric police patrol cars and installing charging stations.
Case commented this is an exciting plan. The plan will help to accomplish one
of his objectives for this year--energy efficiency. Nelson liked the general plan and the fact there are pieces we are starting now
CITY COUNCIL MINUTES February 18, 2020
Page 7 and pieces to work towards. A lot of the plan is common sense. The plan encourages a lot of resilience in homes and businesses in the community to
keep them vibrant in the future.
Freiberg liked that the plan will be reviewed every two years. He suggested there should be options for charging stations to be free or not free. He believed that would provide flexibility.
Narayanan commented developments come to us, and we ask about solar-ready construction and charging stations. He believed we have to start doing things to encourage those, not just ask about them.
Aho commended staff on the plan. Because it is based on past data, it is
measurable. We will be able to determine if the efforts are really having an effect. Case asked when the City Council will give approval to the plan. Getschow
said it will be at the March 17th Council meeting.
F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:07 p.m.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Christy Weigel, Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below
Gambling/Bingo Organization: Foxjet Swim Club Place: Round Lake Park
16691 Valley View Road
Date: July 3-4, 2020 Raffle Organization: Safari Club International MN
Place: Bearpath Golf & Country Club 18100 Bearpath Trail Date: May 4, 2020
Temporary Liquor Organization: Minnesota Squash Association Event: 2020 MN Squash State Championships Date: April 23-26, 2020
Place: Boast Squash
9805 Hamilton Road New Off-Sale 3.2 Beer License Licensee name: D & T Eden Prairie LLC
DBA: Hampton Inn Eden Prairie 11825 Technology Drive
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/Beth Novak-Krebs
ITEM DESCRIPTION:
Central Middle School Building Additions and Remodel
ITEM NO.:
VIII.B.
Requested Action Move to:
• Approve the 2nd reading of the Ordinance for a Planned Unit Development District
Review with waivers and a Zoning District Change from Industrial, Rural and R1-22 to
Public on 57.4 acres
• Adopt a Resolution for a Site Plan Review on 57.4 acres
• Approve the Development Agreement
Synopsis This is the final approval of the Central Middle School building additions and remodel project. The property is located at 8025 School Road behind the School District’s Administrative
Services Center. The school district owns 57.4 acres, which includes the Administrative Services
Center, the middle school, and outdoor athletic facilities. The applicant is proposing approximately 82,000 square feet of additions and 50,000 square feet of remodeling. The project includes the following additions to the school: theater, gymnasium, cafeteria and classrooms. The project will also include the expansion and reconstruction of the main entrance to the school
on the west side of the school and a number of site improvements and changes to the bus drop
off area, the parking lot on the west side of the school and the area where parents drop students off. Background The 120-day review period expires on April 9, 2020. Attachments 1. Ordinance for PUD and Zoning Change
2. Ordinance Summary 3. Resolution for Site Plan 4. Development Agreement
CENTRAL MIDDLE SCHOOL ADDITIONS AND REMODEL 2020
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 5-2020-PUD-2-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
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
Industrial, Rural and R1-22 District and be placed in the Public Zoning District as noted in
Exhibit A 5-2020-PUD-2-2020 (hereinafter "PUD-2-2020-PUB”). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of March 17th, 2020 entered into between Independent School
District No. 272 and the City of Eden Prairie, (hereinafter “Development Agreement”). The
Development Agreement contains the terms and conditions of PUD-2-2020-PUB, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings:
A. PUD-2-2020-PUB is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2020-PUB 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-2-2020-PUB are justified by the design of the development described therein.
D. PUD-2-2020-PUB 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 Industrial, Rural, and R1-22 Zoning District and placed in the Public District
as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-2-2020-PUB 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. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of January, 2020, and finally read and adopted and ordered published in summary form
as attached hereto at a regular meeting of the City Council of said City on the 17th day of March,
2020. ATTEST:
__________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on__________________, 2020.
EXHIBIT A
Legal Description Prior to Plat Lot area = 2,500,283 sq. ft. (57.40 acres) more or less. Parcel No. 16-116-22-23-0002 from Rural to Public Per Doc. No. 5373157 That part of the West 1/2 of Northwest 1/4 of Section 16-116-22 lying East of the centerline of "town road" and North of a line parallel to and 250 feet South of the North line of the Southwest 1/4 of Northwest 1/4 of said Section 16-116-22, except road and except the South 27 feet of the
North 250 feet of the Southwest 1/4 of the Northwest 1/4 lying Southerly of the Center line of town road of Section 16, Township 116, Range 22, the "town road" hereinbefore referred to is a public road or highway conveyed to town of Eden Prairie by that certain deed which was
recorded in the office of the Register of Deeds of Hennepin County, Minnesota in Book 2027 of Deeds, on page 26 thereof.
Parcel No. 16-116-22-24-0006, Certificate of Title No. 807500 from Industrial to Public Per Doc. No. 2506561 All of Tract A described below: Lot 6, Block 1, Eden Prairie Industrial Center, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the tile thereto being registered as evidenced by Certificate of Title No. 781775. Parcel No. 16-116-22-24-0007, Certificate of Title No. 831249 from Industrial to Public Per Doc. No. 2654489 Lot 7, Block 1, Eden Prairie Industrial Center, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto
being registered as evidenced by Certificate of Title No. 674397. Subject to utility easements as shown on plat.
Parcel No. 16-116-22-24-0014 from Industrial to Public Per Doc. No. 2600516 That part of Tract A described below:
Tract A. Lot 3, Block 1, Eden Prairie Industrial Center, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 800544; which lies Westerly of Line 1 described below: Line 1: Beginning at a point on the southwesterly line of said Lot 3 distant 115 feet southeasterly of the most westerly corner thereof; thence run northerly to a point on the northwesterly line of said Lot 3, distant 130 feet northeasterly of the westerly corner thereof and there terminating. Per Certificate of Title No. 822318 Lots 4 and 5, Block 1, Eden Prairie Industrial Center, Hennepin County, Minnesota. Subject to the utility easements as contained in the Dedication Clause and shown on said plat.
Parcel No. 17-116-22-14-0005 from Rural to Public Per Doc. No. 2985602 & 6269625
The East 740 feet of that part of the SE 1/4 of NE 1/4 lying Southerly of Railroad right of way; also except road; also except highway, all in Section 17, Township 116, Range 22, Hennepin
County, Minnesota. Parcel No. 16-116-22-23-0007 Per Doc. No. 2944993, 2643046, 2643045, 2985602, 6297151, 3640260 & 6269625 The SW 1/4 of NW 1/4 of Section 16, Township 116, Range 22, except that part of North 223 feet thereof lying Easterly of School Road; also except road and Railroad right of way; also except highway, Section 16, Township 116, Range 22, Hennepin County, Minnesota. Parcel No. 16-116-22-32-0001 from Rural to Public Per Doc. No. 2917864 All that part of Lot 1, Section 16, Township 116, Range 22 lying North of the North line of State
Highway Number 5, Hennepin County, Minnesota. Parcel No. 16-116-22-21-0031 from R1-22 to Public
Per Doc. No. 6423385 & 6297151 All of Tract A described below: Tract A. Lots 1 and 4, Block 3 and Lots 6 through 19 inclusive, Block 2, Eden School Addition,
according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; together with that part of Tract B described below: Tract B. Lots 1 through 8 Inclusive, Block 2 and Lots 2 and 3, Block 3, Eden School Addition, according to the plat there of on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies southeasterly of Line 1 described below: Line 1. Commencing at the northwest corner of Section 16, Township 116 North, Range 22 West; thence run southerly along the west line of said Section 16 on an azimuth of 180 degrees 57 minutes 18 seconds 1321.63 feet; thence run easterly along the south line of the Northwest
Quarter of the Northwest Quarter of said Section 16 on an azimuth of 88 degrees 34 minutes 22 seconds 611 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 32 degrees 22 minutes 28 seconds 250.23 feet; thence deflect to the right on a tangential curve, having a radius of 1809.82 feet and a delta angle of 12 degrees 08 minutes 27 seconds for 383.5 feet to a point of compound curvature; thence deflect to the right on a curve having a radius of 1809.84 feet, a delta angle of 17 degrees 50 minutes 50 seconds and a chord azimuth
of 57 degrees 15 minutes 49 seconds for 563.75 feet; thence on an azimuth of 66 degrees 11 minutes 15 seconds 131.75 feet; thence deflect to the right on a tangential curve, having a radius of 495 feet and a delta angle of 21 degrees 02 minutes 54 seconds 181.85 feet to a point of compound curvature; thence deflect to the right on a curve having a radius of 884.93 feet, a delta angle of 15 degrees 05 minutes 55 seconds and a chord azimuth of 94 degrees 47 minutes 06 seconds 233.2 feet and there terminating. Legal Description After Plat
Lot 1, ISD 272 CMS Addition, Hennepin County Minnesota
CENTRAL MIDDLE SCHOOL ADDITIONS AND REMODEL 2020
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 5-2020-PUD-2-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE 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 of land located at 8025 School Road within the Public Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication. ATTEST:
__________________________ ________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on ______________________, 2020. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020-____
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR CENTRAL MIDDLE SCHOOL BY EDEN PRAIRIE PUBLIC SCHOOLS
WHEREAS, Eden Prairie Public Schools, has applied for Site Plan approval of Central Middle School for building additions, interior remodeling and site improvements; and
WHEREAS, zoning approval for the Central Middle School was granted by an Ordinance approved by the City Council on March 17, 2020; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its December 9, 2019 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its January 21, 2020 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Central Middle School, subject to the Development Agreement between Independent School District No. 272 and the City of Eden Prairie, reviewed and approved by the City Council on March 17, 2020.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of March 2020.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Kathleen Porta, City Clerk
Central Middle School Building Additions and Remodel Development Agreement 1
DEVELOPMENT AGREEMENT
Central Middle School Building Additions and Remodel THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of __________, 2020, by Independent School District No. 272, a public school organized under the laws of Minnesota, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”:
WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 57.4 acres, Planned Unit Development District Review with waivers on 57.4 acres,
Zoning District Change from Industrial, Rural and R1-22 to Public Zoning District on 57.4 acres,
Site Plan Review on 57.4 acres, and Preliminary Plat of 57.4 acres into one lot (the “Applications”), for the real property legally described on Exhibit A (the “Property”). NOW, THEREFORE, in consideration of the City adopting Resolution No. __________
for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit
Development District Review with waivers and Zoning District Change from Industrial, Rural and R1-22 to Public on 57.4 acres, Resolution No. ____________ for Site Plan Review, and Resolution No. __________ for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows:
1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated ______________, reviewed and approved by the City Council on ____________, (hereinafter the “Plans”) and identified on Exhibit B, subject to such changes and modifications as provided herein.
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Central Middle School Building Additions and Remodel Development Agreement 2
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C. 3. BID ALTERNATES: Developer is required to solicit sealed bids for the project in accordance with Minn. Stat. § 471.345. The bidding process may necessitate bid
alternates and changes to the Plans. In the event that there are bid alternates, Developer
agrees to coordinate with and inform the City of any proposed alternates so the City can review the changes for general compliance with the spirit and intent of City code and City Council approvals. If bid alternates are not compliant, additional review process may be required. The City may require that changes to the Plans necessitated by approved bid
alternates be reflected in an amendment to this Agreement.
4. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property, construction thereon, or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall
give 24 hour notice of such violation in order to allow a cure of such violation, provided
however, City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City
Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and
agents from and against any and all claims, demands, lawsuits, complaints, loss, costs
(including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City.
6. ELECTRIC VEHICLE (EV) CHARGING STATION: Developer shall install and provide at all times an electric vehicle charging station in the west parking lot in accordance with the Exhibit B Plans. The EV Charging Station shall be installed and operational prior to the issuance of a Certificate of Occupancy.
7. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete
implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 8. FINAL ORDER NO. 92-005: On May 14, 1992, Developer obtained approval from the
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Central Middle School Building Additions and Remodel Development Agreement 3
City Board of Appeals and Adjustments for a variance from City Code requirements within
the R1-22, Public and Industrial Zoning Districts allowing 45% impervious surface on the
Property as depicted in the 1992 Plans. This approval was granted through Final Order #92-005, attached hereto as Exhibit D (“Final Order No. 92-005”). Final Order No. 92-005 shall continue to apply to the Property and Developer shall comply
with all requirements of Final Order No. 92-005.
9. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Recorder and Registrar of Titles’ Office, as applicable, within 90 days of approval by the City Council or within 2 years of approval of the Preliminary Plat, whichever occurs first.
If the final plat is not filed within the specified time, the City Council may, upon ten days
written notice, to the Developer, consider a resolution revoking the approval. 10. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property.
The final grading and drainage plan shall include all wetland information, including
wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for
storm water quality and quantity together with a drainage area map shall be
submitted with the final grading and drainage plan. Developer shall furnish to the City Engineer and receive the City Engineers’ written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said improvements as required by City Code. Prior to release of the grading security,
Developer shall certify to the City that the Stormwater Facilities conform to the
final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading
plan. The design professional shall monitor critical phases of construction for
conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all
monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City.
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Central Middle School Building Additions and Remodel Development Agreement 4
B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins, retention basins, “Stormwater Infiltration” or “Filtration
Systems” (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or “Underground Systems” (such as media filters, underground sand
filters, underground vaults, sedimentation chambers, underground infiltration
systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or
accumulation of sediment are not occurring, and thereafter by the Owner of the
Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development
Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled “State of Minnesota Storm Water Manual” current edition, the approved final grading plan and the
requirements listed herein.
Entering all inspection and/or maintenance activities into the City’s web-based erosion and sediment control permit tracking program (currently PermiTrack ESC) will be required during construction. The design professional retained by the
Developer to develop the SWPPP and/or perform inspections for the Project will
be required to enter this data. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the
greatest extent possible. This must include delineation of the proposed infiltration
system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment, vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction.
In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and
(v) corrective actions that will be taken if the infiltration system does not meet the performance specification.
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Central Middle School Building Additions and Remodel Development Agreement 5
All Stormwater Infiltration Systems must be inspected prior to final grading to
ensure that the area is infiltrating as proposed and to determine if corrective
measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of ½ inch or greater after the Stormwater
Infiltration Systems become operational. If infiltration rates are reduced a plan to
restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious
surfaces must be completed prior to final grading and planting of the Stormwater
Infiltration Systems. C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of
all Stormwater Facilities to ensure they continue to function as designed in
perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency;
methods used for field verification of infiltration for Stormwater Infiltration
Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8.
During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify
infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive
plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection:
A storage treatment basin (including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume.
A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater.
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Central Middle School Building Additions and Remodel Development Agreement 6
An underground storage chamber shall be considered inadequate if
sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection, if a Stormwater Facility requires cleanout, the Stormwater
Facility shall be restored to its original design and/or the infiltration capacity of the
underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems
shall to the extent practical be removed by hand during dry periods. Only enough
sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems.
After the two year period of maintenance, the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets, parking lots or
drive aisles at a minimum of once per year; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems
shall to the extent practical be removed by hand. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or
replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention
Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP.
11. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks.
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Central Middle School Building Additions and Remodel Development Agreement 7
Developer shall complete implementation of the approved irrigation plan in accordance
with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 12. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to building permit issuance,
the Developer shall submit to the City Planner and receive the City Planner's written
approval of an executed landscape agreement and a final landscape and tree replacement plan for the Property including all proposed trees, shrubs, perennials, and grasses as depicted on the Exhibit B Plans.
Prior to building permit issuance, Developer shall also submit to the City Planner and
receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit, equal to 150% of the cost of said improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and tree replacement plan on the Exhibit B Plans.
The approved landscape and tree replacement plan shall be consistent with the quantity, type, and size of all plant materials shown on the landscape plan on the Exhibit B Plans. The approved landscape plan shall include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved
landscape plan shall also provide that, should actual tree loss exceed that calculated herein,
Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. The installation shall conform to the approved landscape and tree replacement plan
including but not limited to the size, species and location as depicted on the Exhibit B
Plans. Any changes, including but not limited to removal and relocation, to the landscape plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Developer shall complete implementation of the approved landscape plan as depicted on the Exhibit B Plans and in accordance with the
terms and conditions of Exhibit C of this Development Agreement.
13. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduit, water meters, and standard heating,
ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property.
If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer
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Central Middle School Building Additions and Remodel Development Agreement 8
shall take corrective action to reconstruct the mechanical equipment screening in order to
cure the deficiencies identified by the City Planner. Developer agrees that the City will
not release the security provided until Developer completes all such corrective measures. 14. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Engineer, copies of all necessary approvals issued by other agencies for the
project. These submittals are required prior to issuance by the City of the corresponding
City permit(s). The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metropolitan Commission Environmental Services, and Riley Purgatory Bluff Creek Watershed District.
The City Planner may determine that conditions of approval required by the Riley
Purgatory Bluff Creek Watershed District require changes to the City approvals which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to
Minn. Stat. Section 15.99 of an additional 60 days for the addition review.
15. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be
operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the
Property boundary lines. 16. PUBLIC USE OF STREETS: All the private streets on the Property are and shall continue to be open to the use of the public as a matter of right for the purposes of vehicular
traffic as defined in Minnesota Statutes Section 169.011, Subd. 81.
17. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the Public District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number):
A. Building Height – City Code sets a maximum building height of 30 feet in the Public Zoning District. The waiver allows the fly loft in the theater to be 52 feet high, the building mass around the fly loft to be 39 feet, 4 inches high, and the new gymnasium to be 31 feet, 4 inches high.
B. Parking Lot Front Yard Setback – City Code requires parking stalls to meet the front yard setback of 50 feet. The waiver allows 28 parking stalls in the setback, which is the same number of stalls currently in the setback. C. Façade Articulation – City Code requires façade articulation if a façade exceeds 40
feet in length. The waiver allows no façade articulation on the north side of the theater and the west façade of the gymnasium addition. D. Building Material - City Code requires buildings in the Public Zoning District to
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Central Middle School Building Additions and Remodel Development Agreement 9
include at least three contrasting yet complimentary Class I materials such as glass,
brick, and stone with one color variation therein. The waiver allows the use of only
two Class I materials (brick and glass) on the south and east elevations of the building. E. Fence Height – City Code limits fence height to 7 feet. The waiver allows an 8-foot
high chain link fence around the running track.
F. Parking Lot Islands in the Bus Drop Off Area – City Code requires islands in parking lots to break up large expanses of pavement and provide landscaping in the parking lot. The waiver allows for no islands in the bus drop off area to maintain maneuverability.
G. Signs - City Code allows 180 square feet of wall signage on the school building. The waiver would allow 349 square feet of wall signs on the school with the ability to redistribute the square footage through approval of a sign permit as long as the total amount of wall signage does not exceed 349 square feet. The waiver would also allow
the new monument sign to be 71 square feet, which exceeds the allowable 36 square
feet. The existing monument sign and the proposed monument sign together do not exceed the allowable 152 square feet of sign area for monument signs. There are three existing directional signs on the property. Each sign is 12 square feet in sign area, which exceeds the allowable 6 square foot area. Since these are existing signs, the
waiver allows these three existing signs as shown on the Plans to be 12 square feet.
18. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for any retaining
walls greater than four feet in height.
These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan in
accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility
of the Developer, its successors and assigns.
19. ROOFTOP SOLAR ARRAY: A rooftop solar array shall be installed in a location to be specified by the Developer and approved by the City. Prior to commencing installation of the solar array, Developer shall submit to the City Engineer and obtain the City Engineer’s written approval of all plans and specifications for the solar array. The solar array shall be
installed prior to June 1, 2022. 20. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City
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Central Middle School Building Additions and Remodel Development Agreement 10
Planner's written approval of an application for a sign permit. The application shall include
a complete description of the sign and a sketch showing the size, location, the manner of
construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a.
21. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast cut-off not to exceed 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance
of any occupancy permit for the Property.
22. SCENIC HEIGHTS ROAD IMPROVEMENTS AND INTERNAL TRAFFIC CIRCULATION: Based on the Traffic Study prepared by Bolton & Menk, Inc. dated January 14, 2020, Developer and the City anticipate that improvements to Scenic Heights
Road at its intersection with School Road will be necessary at some point in the future as
a result of increased traffic associated with the school expansion project. These improvements are likely to be in the form of a round-about or mini round-about, but may include other improvements in addition to or as an alternative as identified in the traffic study (the “Improvements”). Declining traffic conditions at the Scenic Heights Road and
School Road intersection, complaints arising from delays at this location, or safety
concerns will be the basis for undertaking the Improvements. Following evaluation of these concerns and consultation with Developer, the City shall undertake and construct the mutually agreed upon Improvements. The City shall pay for design and construction management costs for the Improvements. Developer shall be responsible for up to
$800,000 of the construction costs of the Improvements, which amount shall be financed
through a special assessment payable over a term of 10 years. Prior to the release of the final plat for the Property, Developer shall execute a special assessment agreement, in the form and substance attached hereto as Exhibit F, for Developer’s contribution to the Improvements. Developer further agrees to provide, at no cost to the City, any and all
necessary permanent and temporary easements for the construction and maintenance of the
Improvements. The City may require interim traffic circulation measures to mitigate traffic delays within the site prior to the completion of the Improvements. These interim measures may include
the prohibition of southbound left turns from School Road during pick-up/drop-off times,
the increased use of the north loop road to Wallace Road, or other measures identified in the traffic study or as recommended by the City Engineer. Developer shall comply with and implement any interim measures as directed by the City. 23. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent
structures which will abut existing wetlands or storm water pretreatment ponds must have a minimum setback of 30 feet from the 100-year flood elevation as shown on the Plans.
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24. VACATION OF RIGHT-OF-WAY AND DRAINAGE AND UTILITY
EASEMENTS: Prior to the issuance of a land alteration permit, building permit or release
of a final plat for the Property (whichever occurs first), the Developer shall have applied for and the City Council shall have adopted a resolution vacating existing right-of-way and drainage and utility easements as identified in the Plans.
25. WETLAND PLAN:
Prior to release of the land alteration permit for any portion of the Property, Developer shall submit to the Environmental Coordinator and receive the Environmental Coordinator’s approval of a Wetland Plan. The approved Wetland Plan shall be consistent
with the materials and requirements shown on the Plans and as required by City Code. The
Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report (“Buffer Report”) and
Wetland Delineation Report in accordance with the Wetland Plan and City Code
requirements. If the Delineation or Buffer Reports identify any unacceptable vegetation or other conditions, the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as “Landscaping”, or “Landscaped”) by the Developer within 90 days of submission of the Buffer Report
or within 90 days after receipt of a wetland permit for wetland alteration. If the
Wetland Plan is submitted after September 30th, the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland and/or wetland buffer strip is required, the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the
wetland and/or wetland buffer strip vegetation complies with all City requirements
within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit
a signed contract with a qualified wetland consultant, as determined by the City
Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements. The Annual Buffer Report shall provide
both an action plan and proposed cost for correction of all problems identified
within the wetland(s) and/or wetland buffer strip(s). The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full
growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City
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requirements.
If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s) identified within 90 days of submission of the Annual Buffer Report.
C. Conservation Easement: Developer shall submit a Conservation Easement
attached as Exhibit E, for review and written approval by the Environmental Coordinator, for the area(s) delineated on the Plans. After approval by the City, Developer shall file the Conservation Easement with the Hennepin County Registrar of Titles’ Office as appropriate immediately after the recording of the
final plat and prior to recording of any document affecting the property including
but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall
submit to the Environmental Coordinator proof that the Conservation Easement has
been recorded in the Hennepin County Registrar of Titles' Office. D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the
first building permit for any portion of the Property. The Security referred to in
paragraph 25.E below shall include the cost for location, including surveying, and installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot
(1.12 pounds per foot is preferred) green steel channel post or other material pre-
approved in writing by the City Manager. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25” x 6.5’). The sign shall have a minimum size of 3 inch by 8 inch (3” x 8”). The sign shall be mounted flush with the top of the post and shall include the statement “Conservation Easement: No Mowing
Allowed - Wetlands and buffers filter pollutants, reduce flooding and provide
habitat.” The signs shall also include the City and Watershed District logos and website links. The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited.
E. Wetland Performance Bond: Developer shall furnish to the Environmental Coordinator and receive the Environmental Coordinator’s approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter referred to as the “Security”) equal to 150% of the cost, as estimated by the City
Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development.
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If the Developer fails to implement the Wetland Plan in accordance with its terms,
the City may draw upon the Security in whole or in part to pay the cost of implementation.
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IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By___________________________ Ronald A. Case Its Mayor
By____________________________ Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2020 by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________ Notary Public
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EXHIBIT A
DEVELOPMENT AGREEMENT –CENTRAL MIDDLE SCHOOL BUILDING ADDITIONS AND REMODEL
Legal Description Before Final Plat
Per Doc. No. 5373157 That part of the West 1/2 of Northwest 1/4 of Section 16-116-22 lying East of the centerline of "town road" and North of a line parallel to and 250 feet South of the North line of the Southwest
1/4 of Northwest 1/4 of said Section 16-116-22, except road and except the South 27 feet of the
North 250 feet of the Southwest 1/4 of the Northwest 1/4 lying Southerly of the Center line of town road of Section 16, Township 116, Range 22, the "town road" hereinbefore referred to is a public road or highway conveyed to town of Eden Prairie by that certain deed which was recorded in the office of the Register of Deeds of Hennepin County, Minnesota in Book 2027 of
Deeds, on page 26 thereof.
Per Doc. No. 2506561 All of Tract A described below: Lot 6, Block 1, Eden Prairie Industrial Center, according to the plat thereof on file and of record
in the office of the County Recorder in and for Hennepin County, Minnesota; the tile thereto
being registered as evidenced by Certificate of Title No. 781775. Per Doc. No. 2654489 Lot 7, Block 1, Eden Prairie Industrial Center, according to the plat thereof on file and of record
in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto
being registered as evidenced by Certificate of Title No. 674397. Subject to utility easements as shown on plat. Per Doc. No. 2600516
That part of Tract A described below:
Tract A. Lot 3, Block 1, Eden Prairie Industrial Center, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 800544; which lies Westerly of Line 1 described below:
Line 1: Beginning at a point on the southwesterly line of said Lot 3 distant 115 feet southeasterly
of the most westerly corner thereof; thence run northerly to a point on the northwesterly line of said Lot 3, distant 130 feet northeasterly of the westerly corner thereof and there terminating. Per Certificate of Title No. 822318 Lots 4 and 5, Block 1, Eden Prairie Industrial Center, Hennepin County, Minnesota.
Subject to the utility easements as contained in the Dedication Clause and shown on said plat. Per Doc. No. 2985602 & 6269625
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The East 740 feet of that part of the SE 1/4 of NE 1/4 lying Southerly of Railroad right of way;
also except road; also except highway, all in Section 17, Township 116, Range 22, Hennepin
County, Minnesota. Per Doc. No. 2944993, 2643046, 2643045, 2985602, 6297151, 3640260 & 6269625 The SW 1/4 of NW 1/4 of Section 16, Township 116, Range 22, except that part of North 223
feet thereof lying Easterly of School Road; also except road and Railroad right of way; also
except highway, Section 16, Township 116, Range 22, Hennepin County, Minnesota. Per Doc. No. 2917864 All that part of Lot 1, Section 16, Township 116, Range 22 lying North of the North line of State
Highway Number 5, Hennepin County, Minnesota.
Per Doc. No. 6423385 & 6297151 All of Tract A described below: Tract A. Lots 1 and 4, Block 3 and Lots 6 through 19 inclusive, Block 2, Eden School Addition,
according to the plat thereof on file and of record in the office of the County Recorder in and for
Hennepin County, Minnesota; together with that part of Tract B described below: Tract B. Lots 1 through 8 Inclusive, Block 2 and Lots 2 and 3, Block 3, Eden School Addition, according to the plat there of on file and of record in the office of the County Recorder in and for
Hennepin County, Minnesota;
which lies southeasterly of Line 1 described below: Line 1. Commencing at the northwest corner of Section 16, Township 116 North, Range 22 West; thence run southerly along the west line of said Section 16 on an azimuth of 180 degrees 57 minutes 18
seconds 1321.63 feet; thence run easterly along the south line of the Northwest Quarter of the
Northwest Quarter of said Section 16 on an azimuth of 88 degrees 34 minutes 22 seconds 611 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 32 degrees 22 minutes 28 seconds 250.23 feet; thence deflect to the right on a tangential curve, having a radius of 1809.82 feet and a delta angle of 12 degrees 08 minutes 27 seconds for 383.5 feet to a point of
compound curvature; thence deflect to the right on a curve having a radius of 1809.84 feet, a
delta angle of 17 degrees 50 minutes 50 seconds and a chord azimuth of 57 degrees 15 minutes 49 seconds for 563.75 feet; thence on an azimuth of 66 degrees 11 minutes 15 seconds 131.75 feet; thence deflect to the right on a tangential curve, having a radius of 495 feet and a delta angle of 21 degrees 02 minutes 54 seconds 181.85 feet to a point of compound curvature; thence
deflect to the right on a curve having a radius of 884.93 feet, a delta angle of 15 degrees 05
minutes 55 seconds and a chord azimuth of 94 degrees 47 minutes 06 seconds 233.2 feet and there terminating. Legal Description After Final Plat Lot 1, Block 1, ISD 272 CMS Addition, Hennepin County, Minnesota
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EXHIBIT B
DEVELOPMENT AGREEMENT –CENTRAL MIDDLE SCHOOL BUILDING ADDITIONS AND REMODEL
Exhibit B Site Reference Plan dated 12/30/19 by Anderson-Johnson Associates, Inc. Overall Removal Plan dated 12/30/19 by Anderson-Johnson Associates, Inc.
Site Geometric Plan (West) dated 12/30/19 by Anderson-Johnson Associates, Inc.
Site Geometric Plan (East) dated 12/30/19 by Anderson-Johnson Associates, Inc. Site Geometric Plan (North) dated 12/30/19 by Anderson-Johnson Associates, Inc. Overall Site Finishing Plan dated 12/30/19 by Anderson-Johnson Associates, Inc. Site Finishing Plan (West) dated 12/30/19 by Anderson-Johnson Associates, Inc.
Site Finishing Plan (East) dated 12/30/19 by Anderson-Johnson Associates, Inc.
Site Finishing Plan (North) dated 12/30/19 by Anderson-Johnson Associates, Inc. Site Finishing Callouts dated 12/30/19 by Anderson-Johnson Associates, Inc. Overall Grading & Drainage Plan dated 12/30/19 by Anderson-Johnson Associates, Inc. Grading & Drainage Plan (West) dated 12/30/19 by Anderson-Johnson Associates, Inc.
Grading & Drainage Plan (East) dated 12/30/19 by Anderson-Johnson Associates, Inc.
Grading & Drainage Plan (North) dated 12/30/19 by Anderson-Johnson Associates, Inc. Overall Utility Plan dated 12/30/19 by Anderson-Johnson Associates, Inc. Utility Plan (West) dated 12/30/19 by Anderson-Johnson Associates, Inc. Utility Plan (East) dated 12/30/19 by Anderson-Johnson Associates, Inc.
Overall SWPPP dated 12/30/19 by Anderson-Johnson Associates, Inc.
Overall Landscape Plan dated 12/30/19 by Anderson-Johnson Associates, Inc. Landscape Plan (West) dated 12/30/19 by Anderson-Johnson Associates, Inc. Landscape Plan (East) dated 12/30/19 by Anderson-Johnson Associates, Inc. Landscape Plan (North) dated 12/30/19 by Anderson-Johnson Associates, Inc.
Landscape Callouts dated 12/30/19 by Anderson-Johnson Associates, Inc.
Site Details dated 12/30/19 by Anderson-Johnson Associates, Inc. Site Details dated 12/30/19 by Anderson-Johnson Associates, Inc. Site Details dated 12/30/19 by Anderson-Johnson Associates, Inc. Site Details dated 12/30/19 by Anderson-Johnson Associates, Inc.
Certificate of Survey dated 12/30/19 by Design Tree Certificate of Survey dated 12/30/19 by Design Tree Certificate of Survey dated 12/30/19 by Design Tree Tree Inventory dated 12/30/19 by Design Trees Tree Inventory dated 12/30/19 by Design Trees
Tree Inventory dated 12/30/19 by Design Trees Tree Inventory dated 12/30/19 by Design Trees
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Preliminary Plat of ISD 272 CMS Addition dated 12/30/19 by Design Trees
Preliminary Plat of ISD 272 CMS Addition dated 12/30/19 by Design Trees
Preliminary Plat of ISD 272 CMS Addition dated 12/30/19 by Design Trees Preliminary Plat of ISD 272 CMS Addition dated 12/30/19 by Design Trees Preliminary Plat of ISD 272 CMS Addition dated 12/30/19 by Design Trees Electrical Site Lighting Plan dated 12/30/19 by Hallberg Engineering
Electrical Photometric Plan dated 12/30/19 by Hallberg Engineering
Title Sheet dated 12/30/19 by DeVetter Design Group Material Rendering dated 12/30/19 by DeVetter Design Group Material Rendering dated 12/30/19 by DeVetter Design Group
Material Rendering dated 12/30/19 by DeVetter Design Group
Material Rendering dated 12/30/19 by DeVetter Design Group Material Rendering dated 12/30/19 by DeVetter Design Group Material Rendering dated 12/30/19 by DeVetter Design Group Material Rendering dated 12/30/19 by DeVetter Design Group
Material Rendering dated 12/30/19 by DeVetter Design Group
Exterior Elevations dated 12/30/19 by DeVetter Design Group Exterior Elevations dated 12/30/19 by DeVetter Design Group Exterior Elevations dated 12/30/19 by DeVetter Design Group
Exterior Elevations dated 12/30/19 by DeVetter Design Group
Overall Birdseye Perspective A – East & West dated 12/30/19 by DeVetter Design Group Overall Birdseye Perspective B – North & South Overall Birdseye Perspective A – East & West Material % Check dated 12/30/19 by DeVetter Design Group
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EXHIBIT C
DEVELOPMENT AGREEMENT –CENTRAL MIDDLE SCHOOL BUILDING ADDITIONS AND REMODEL
I. Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1" =100' scale) showing existing and proposed
contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property
deeded to the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose
the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property
and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER’S SUPPLEMENT
TO THE DEVELOPER’S AGREEMENT)
With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the
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City a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec.
115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter
referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous
Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable
City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances.
IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’
street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits
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or rescind or revoke any approvals granted by the City. No remedy conferred in this
agreement is intended to be exclusive and each shall be cumulative and shall be in addition
to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice
to Comcast of the development contemplated by this Development Agreement. Notice
shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid
to the Inspections Department, including; Building permit fee, plan check fee, State
surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department.
XV. Prior to building permit issuance, provide two copies of an approved survey or site plan
(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure,
or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges. No execution on any claim, demand, cause of action or judgment shall
be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 ½ by 6-inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record
the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City.
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XX. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer’s obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the
nature of the cure is such that it is not possible to complete the cure within ten (10) days, it
shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so.
The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days
prior to the expiration of the Security and if the Security has not then been renewed,
replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City
in enforcing this Agreement.
XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person
not a party hereto.
XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office.
XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City.
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EXHIBIT D
DEVELOPMENT AGREEMENT –CENTRAL MIDDLE SCHOOL BUILDING ADDITIONS AND REMODEL
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EXHIBIT E
DEVELOPMENT AGREEMENT –CENTRAL MIDDLE SCHOOL BUILDING ADDITIONS AND REMODEL
CONSERVATION EASEMENT
THIS EASEMENT AGREEMENT is made this day of , 2020 by and
between ______________________, a Minnesota Company, hereinafter referred to as "Grantor,"
and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota,
more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter
referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except:
WHEREAS, Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and
to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit
B, hereinafter referred to as the "Easement Area”, attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows:
1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the “Easement Area”, and City hereby accepts such conveyance.
2. The following terms and conditions shall apply to the Easement Area:
A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota
Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting, fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within
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the Easement Area.
B. No building, road, sign, billboard, utility, or other structures shall be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed
upon or within the Easement Area without the prior written consent of the
City. D. No change in the general topography of the Easement Area landscape, including, but not limited, to excavation, dredging, movement, and removal
or placement of soil, shall be allowed within the Easement Area without the
prior written consent of the City. E. Grantor may, no more than once per calendar year, remove sediment caused by stormwater drainage into a stormwater wetland and/or stormwater pond.
Any removal of sediment must be pre-approved in writing by the City and
be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined in this Conservation Easement.
3. With respect to the Easement Area, Grantor represents and warrants as follows:
A. That Grantor has marketable title free and clear of all liens, encumbrances and mortgages.
B. That Grantor has not used, employed, deposited, stored, disposed of, placed
or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and
contaminants hereafter referred to as "Hazardous Substances");
C. That Grantor has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances;
D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantor agrees to indemnify, defend and hold harmless City, against any and all
loss, costs, damage and expense, including reasonable attorneys fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein.
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4. Grantor agrees to permanently demarcate the location of the boundaries of the
wetland and wetland buffer strip as shown on Exhibit C. The monuments shall be permanent steel channel posts that are a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25” x 6.5’). The sign shall be a minimum of 4 inches by 8 inches (4” x 8”) that shall be mounted flush with the top of the post and shall include the
statements “Conservation Easement: No Mowing Allowed” and “Wetlands and
buffers filter pollutants, reduce flooding and provide habitat” with the City and Watershed District logos. The post shall be mounted to a height of four feet above grade and at least 2.5 feet in the ground. Removal of the monuments is not allowed.
5. Grantor agrees to maintain the Easement Area subject to the provisions stated
herein. 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns.
7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. Provisions of this Easement shall be binding upon and enforceable against the
Property and the Grantor, their successors and assigns of the Property.
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IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
GRANTOR CITY OF EDEN PRAIRIE
____NOT TO BE SIGNED _ By NOT TO BE SIGNED
Ronald A. Case
Its Mayor
_____NOT TO BE SIGNED __ By NOT TO BE SIGNED Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________,
2020, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________, 2020, by , the a Minnesota ____________________, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road
Eden Prairie, MN 55344
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EXHIBIT A
“THE PROPERTY”
Legal Description Before Final Plat
Legal Description After Final Plat
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EXHIBIT B
“EASEMENT AREA”
Legal Description Before Final Plat
Legal Description After Final Plat
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EXHIBIT C
“EASEMENT AREA” DIAGRAM
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EXHIBIT F
DEVELOPMENT AGREEMENT –CENTRAL MIDDLE SCHOOL BUILDING ADDITIONS AND REMODEL
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS ____ day of ___________, 2020, between the City of Eden Prairie, a municipal corporation, (the "City") and Independent School District No. 272
a Minnesota public corporation (the "Owner").
A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property".
B. The Owner desires to develop the property in such a manner that relies upon and requires the construction of improvements at the intersection of Scenic Heights Road and School Road (all of which is hereafter referred to as the "Improvements").
C. The parties hereto desire to enter into an Agreement concerning the financing of the
construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS
IT IS HEREBY AGREED as follows:
1. The Owner consents to the levying of assessments against the Property in an amount not to exceed $800,000 for the Improvements and payable over a term of 10 years.
2. The City's assessment records for the Property will show the assessments as a
"pending assessment" until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied.
4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or
arising out of the imposition or levying of the assessments.
School Board Brief Business Meeting - March 9, 2020 Development Agreement - CMS
Central Middle School Building Additions and Remodel Development Agreement 33
5. This Agreement shall be effective immediately.
6. This Agreement may not be terminated or amended except in writing executed by both parties hereto, provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected, without the
necessity of further City Council approval, unilaterally prepare and provide to the owner for
recording a document releasing any property so levied from this Agreement. 7. This Agreement constitutes a lien on the Property in the amount of $800,000 until such time as the assessments referred to above are levied.
School Board Brief Business Meeting - March 9, 2020 Development Agreement - CMS
Central Middle School Building Additions and Remodel Development Agreement 34
OWNER CITY OF EDEN PRAIRIE
A Minnesota A Minnesota Municipal Corporation
By: NOT TO BE SIGNED By: NOT TO BE SIGNED Ronald A. Case Its Mayor
By: NOT TO BE SIGNED
Rick Getschow,
Its City Manager STATE OF MINNESOTA ) ) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of __________, 2020, by Ronald A. Case, the Mayor, and Rick Getschow, the City Manager, of the City of Eden
Prairie, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of ___________, 2020, by the , a Minnesota , on behalf of the .
Notary Public THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
School Board Brief Business Meeting - March 9, 2020 Development Agreement - CMS
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah
ITEM DESCRIPTION:
Paravel First Amended and Restated Development Agreement
ITEM NO.:
VIII.C.
Requested Action
Move to: Approve First Amended and Restated Development Agreement Synopsis The Paravel project was previously approved on December 3, 2019. The Development
Agreement of that same date has not yet been recorded. To satisfy the requirements of its lender and secure financing for the project, Paravel has since requested that the City fully release the property from an earlier development agreement and special assessment agreement from 2008 relating to the property. Staff has determined that these two agreements are no longer applicable,
and are satisfied that this First Amended and Restated Development Agreement adequately
protects the City’s interests in the development of the property. This First Amended and Restated Development Agreement provides that the property is no longer subject to the 2008 agreements. The amended agreement is otherwise substantively identical to the Development Agreement approved on December 3, 2019.
Attachment First Amended and Restated Development Agreement
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FIRST AMENDED AND RESTATED
DEVELOPMENT AGREEMENT
Paravel
THIS FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of March 17, 2020, by Paravel Property, LLC, a Minnesota limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City”:
WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 4.96 acres, Planned Unit Development District Review with waivers on 4.96 acres, Site
Plan Review on 4.96 acres, and Preliminary Plat of 4.96 acres into 1 lot (the “Applications”), legally described on Exhibit A (the “Property”); WHEREAS, City and Developer entered into that certain Development Agreement dated December 3, 2019 pertaining to the Property (the “Original Development Agreement”), which
document was not recorded with the Hennepin County Recorder or Registrar of Titles; WHEREAS, with this First Amended and Restated Development Agreement, City and Developer wish to amend and restate the terms of the Original Development Agreement in their entirety;
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WHEREAS, PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. and City entered into that certain Development Agreement between the parties as dated July 16,
2019, filed with the Hennepin County Registrar of Titles on October 22, 2019 as Document No.
5655137 and with the Hennepin County Recorder on October 22, 2019 as Document No. 10715378, pertaining to the Property (“Castle Ridge Development Agreement”); WHEREAS, Developer contemporaneous with the Original Development Agreement has
entered into that certain Tax Increment Development Agreement by and between the Housing and
Redevelopment Authority of the City of Eden Prairie and the Developer, hereinafter referred to as the “TIF Agreement.” NOW, THEREFORE, in consideration of the City adopting Resolution No. 2019-103 for
Planned Unit Development Concept Review, Ordinance No. 21-2019-PUD-13-2019 for Planned
Unit Development District Review on 4.96 acres, Resolution No. 2019-127 for Site Plan Review, and Resolution No. 2019-104 for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated November 16, 2019, reviewed and approved by the City Council on September 17, 2019, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C. 3. AFFORDABLE UNITS: During the 26 year period of the TIF Agreement, at least 50 of the residential units in the Project must be occupied or available for occupancy by persons whose incomes do not exceed 50% of Hennepin County Area Median Income.
The mix of units must be a maximum of 13 studio apartments, a minimum of 27 one bedroom apartments and a minimum of 10 two bedroom apartments. The Developer shall also provide on Lot 1 at all times thirteen (13) Inclusionary Housing Units. A minimum of seven (7) of the IH Units shall at all times remain affordable as
inclusionary units to households whose annual income is at 80% or less of Hennepin County AMI and a minimum of six (6) of the IH Units shall at all times remain affordable as inclusionary units to households whose annual income is at 100% or less of Hennepin County AMI. The mix of units of the seven (7) IH Units at 80% or less of AMI must be a maximum of 3 studio apartments, a minimum of 3 one-bedroom
apartments and a minimum of 1 two-bedroom apartments. The mix of units of the six (6) IH Units at 100% of or less of AMI must be a maximum of 1 studio apartment, a minimum of 1 one-bedroom apartments and a minimum of 4 two-bedroom apartments. All IH Units, including rents and incomes, shall be subject to review and approval by the City. The obligation of Developer to provide IH Units as set forth in this Agreement,
shall survive and remain in full force and effect after expiration, cancellation, termination
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or rescission of the TIF Agreement.
By February 15th of each year, the Developer or an agent of the Developer must deliver or
cause to be delivered to the Director of Community Developer a Rent Roll Certificate (“Rent Roll”) for the affordable TIF units, in substantially the form shown on Exhibit D attached hereto, executed by the Developer covering the preceding twelve (12) months together with a written certificate reasonably satisfactory to the City that Developer is in
compliance with the covenants in this Section 3. This evidence must include a statement
of the household income of each qualifying renter, a written determination that each qualifying renter's household income falls within the qualifying limits of this Section (and Section 142(d) of the Internal Revenue Code), and certification that the income documentation is correct and accurate (and that the determination of qualification was
made in compliance with Section 142(d) of the Internal Revenue Code). The HRA will
review the Rent Roll and will approve any proposed Rent Roll, provided such rents are not in excess of the rent limits in Section 3. On or before each January 1 and July 1 during the period that IH Units are required the Developer or an agent of the Developer must deliver or cause to be delivered to the
City Director of Community Development a Compliance Certificate – IH Units, in substantially the form shown on Exhibit E attached hereto, executed by the Developer covering the preceding six (6) months together with written evidence satisfactory to the HRA of compliance with the covenants in this Section 3.
The HRA may review, upon request, all documentation supporting the Developer submissions and statements. In determining compliance with this Section, the Developer must use the County median incomes for the current year as promulgated by the Minnesota Housing Finance Agency based on the area median incomes established by the United States Department of Housing and Urban Development (the
“County Area Median Income”). Any Rent Roll or Compliance Certificate – IH Units submitted by the Developer will be considered approved unless disapproved by the HRA within sixty (60) days after submission. The HRA shall provide written reasons if any Rent Roll is disapproved. The
Developer shall have sixty (60) days following receipt of any notice of disapproval to cure any objections the HRA has made in its notice of disapproval and to submit a revised Rent Roll or Compliance Certificate – IH Units to the HRA for review and approval as provided in this Section. The Developer’s failure to obtain the HRA’s approval of a revised Rent Roll or Compliance Certificate – IH Units during such sixty (60) day cure period shall
constitute a default by Developer under this Agreement. The Developer may not refuse to lease any unit in the Project to a prospective tenant on the basis of the prospective tenant’s receipt of, or eligibility for, housing assistance, social security, Housing Choice Vouchers, or other types of public or private assistance, and must
accept a Housing Choice Voucher as a valid form of income.
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4. CASH PARK FEES: The Developer shall pay Cash Park Fees on all of the units in the
Property except for the 50 TIF affordable units referenced in paragraph 3 of this
Agreement. 5. CROSS ACCESS AND MAINTENANCE AGREEMENT: The Property is subject to the following easements arising out of that the Development Agreement dated March 4,
2008, recorded on May 16, 2008 as Document No. 9134828 with the Hennepin County
Recorder and as Document No. 4497100 with the Hennepin County Registrar of Titles (“2008 Development Agreement”): (i) Easement, Use Restrictions and Joint Infrastructure Agreement dated the 8th day of May 2008, recorded on May 16, 2008 as Document No. 4497113 with the Hennepin County Registrar of Titles; (ii) Declaration of Access
Easements dated the 6th day of May 2008, recorded on May 16, 2008 as Document No.
4497112 with the Hennepin County Registrar of Titles; and Grant of Public Access Easement dated the 8th day of May 2008, recorded on May 16, 2008 as Document No. 4497110 with the Hennepin County Registrar of Titles (hereinafter referred to as “Existing Easements”). Developer is responsible as a successor in interest to the Property to abide by the terms of the Existing Easements. No change may be made to the Existing Easements
unless the City provides its written approval. 6. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24
hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 7. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and
agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents in relation to this Agreement or the Property. Developer shall not be released from its responsibilities to release, defend and indemnify because of any
inspection, review or approval by City. 8. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property.
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Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C, attached hereto.
9. FINAL PLAT: The final plat of the Property shall be recorded with the Hennepin County Recorder’s Office and the Hennepin County Registrar of Titles’ Office, as applicable within 90 days of approval by the City Council or within 2 years of approval of the
Preliminary Plat, whichever occurs first. If the final plat is not filed within the specified
time, the City Council may, upon ten days written notice, to the Developer, consider a resolution revoking the approval. 10. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property.
The final grading and drainage plan shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for
storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall furnish to the City Engineer and receive the City Engineers’ written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said improvements as required by City Code. Prior to release of the grading security,
Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading
plan. The design professional shall monitor critical phases of construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition, the design professional retained by the
Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities,
including detention basins, retention basins, “Stormwater Infiltration” or “Filtration
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Systems” (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with
curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration
trenches) or “Underground Systems” (such as media filters, underground sand filters, underground vaults, stormwater reuse cisterns,sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during
construction and for a minimum of two (2) full growing seasons after completion
of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities
continue to function as designed in perpetuity must be submitted prior to release of
the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled “State of Minnesota
Storm Water Manual” dated September 2019, the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration
capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment, vehicles, supplies or other materials to be stored or allowed in the areas
designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control
measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and (v) corrective actions that will be taken if the infiltration system does not meet the performance specification.
All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City
within 30 days after the first rainfall event of ½ inch or greater after the Stormwater
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Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field
verification test. The work required to bring the Stormwater Infiltration System
back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems.
Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual (November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. Field verification
of post-construction infiltration rates must be provided to the City within 30 days
after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction, a plan to restore adequate infiltration must be provided within 90-days of the field test
C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality
of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems; routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for
Stormwater Infiltration Systems; and plans for replacement of failed systems, all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to
determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris, litter, invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or
threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection:
• A storage treatment basin (including retention and detention basins) shall
be considered inadequate if sediment has decreased the wet storage volume
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by 50 percent or dry storage volume by 25 percent of its original design volume.
• A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater.
• An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume.
Based on this inspection, if a Stormwater Facility requires cleanout, the Stormwater Facility shall be restored to its original design parameters and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date.
Sediment, debris, litter or vegetation removal in Stormwater Infiltration Systems
shall to the extent practical be removed by hand during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. For any situations in which hand removal is not practical,
Developer shall identify in the Stormwater Maintenance Plan procedures that will
be implemented to protect functionality of the Stormwater Infiltration Systems. After the two year period of maintenance, the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include
inspections at a minimum of once per every five years. Regular maintenance shall
be conducted and must include regular sweeping of private streets, parking lots or drive aisles at a minimum of once per year; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas
where dead or diseased plants were removed; and removal of sediment build-up.
Sediment build-up in above-ground Stormwater Infiltration or Filtration Systems shall to the extent practical be removed by hand. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater
Infiltration Systems. Areas above Underground Systems shall be kept free of
structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to
issuance of a land alteration permit, Developer shall submit to the City Engineer
and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion
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control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be
utilized within the Project. Prior to release of the grading bond, Developer shall
complete implementation of the approved SWPPP. 11. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
The irrigation plan shall be designed so that water is not directed on or over public trails
and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for
the Property.
12. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of an executed landscape agreement and a final landscape plan for the Property including all proposed trees shrubs, perennials, and grasses as depicted on the Exhibit B Plans.
Prior to building permit issuance, Developer shall also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow, or letter of credit, equal to 150% of the cost of said improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and tree replacement
plan on the Exhibit B Plans. The approved landscape plan shall be consistent with the quantity, type, and size of all plant materials shown on the landscape plan on the Exhibit B Plans. The approved landscape plan shall include replacement trees of a 2.5-inch diameter minimum size for a
shade tree and a 6-foot minimum height for conifer trees. The approved landscape plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. The installation shall conform to the approved landscape plan including but not limited to
the size, species and location as depicted on the Exhibit B Plans. Any changes, including but not limited to removal and relocation, to the landscape plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Developer shall complete implementation of the approved landscape plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit
C of this Development Agreement. 13. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduit, water meters, and standard heating,
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ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with
City Code requirements. Developer shall complete implementation of the approved plan
prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not
meet the Code requirements to screen mechanical equipment from public streets and
differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures.
14. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Engineer, copies of all necessary approvals issued by other agencies for the project. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metropolitan Commission
Environmental Services. As of the date hereof, the Riley Purgatory Bluff Creek Watershed District has approved permits for the Project. If Developer proposes any changes to the plans approved by the Riley Purgatory Bluff Creek Watershed District that the City Planner determines require changes to the City
approvals, such changes by the Developer may require additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the addition review.
15. [Intentionally Omitted] 16. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare
laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 17. PRIVATE UTILITIES: The private sanitary sewer and water mains to serve this
Property are to be constructed as part of the obligations under the Castle Ridge Development Agreement . These mains must be in place and utility connections as shown on the Plans implemented and in operation prior to the issuance of any occupancy permit for the Property.
18 PUBLIC ART: The Exhibit B plans include an area designated for public art. The
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Developer shall submit to the City for its approval proposals for the public art. Developer and City shall work together to evaluate the proposals and select the art and timing of
installation. The Developers obligations to pay for public art required hereunder shall not
exceed and aggregate total of $25,000.00 for the total cost of the artwork installed (which includes design, engineering, and landscaping for the public art). The original artwork cost does not include the cost for bike racks.
19. PUBLIC USE OF STREETS: The Private Streets shown on the Plans shall be open to
the use of the public as a matter of right for the purposes of vehicular traffic as if they were “streets” as defined in Minnesota Statutes 169.011, Subd. 81. Maintenance of the Private Streets shall be governed by the terms of the Access and Maintenance Declaration required by the Castle Ridge Development Agreement.
20. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the RM-2.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number):
1. Density from 17.4 units per acre to 49.3 units per acre.
The RM2.5 zoning district allows 17.4 dwelling units per acre. This project provides a total
of 246 units (245 units and 1 guest suite) on 4.96 acres for a total of 49.3 units per acre.
2. Gross Site Area from 2,500 square feet per unit to 878 square feet per unit.
City Code requires the total area of the proposed lot to be 2,500 square feet per unit or
615,000 square feet. The site is 4.96 acres or 216,154 square feet.
3. Building height from 45 feet to 83 feet 7 inches at its highest point.
The Paravel apartment building provides for a structure that is 7 stories at its highest point.
4. Front yard setback along Prairie Center Drive from 35 feet to a range of 12 feet to 22 feet.
Prairie Center Drive requires a front yard setback of 35 feet.
5. Side yard setback from 25 feet to 13 feet to 25 feet.
City Code requires a side yard setback of 25 feet. Due to the unique configuration of the
property line, there is a point intrusion at the northwest corner of the building that provides
for a setback of approximately 13 feet. For the remainder of this façade, the typical setback
ranges from 20 to 25 feet.
6. Group Usable Open Space from 600 square feet per unit to 134 square feet per unit.
The project includes indoor and outdoor spaces suitable for people to recreate and
socialize. The indoor spaces include areas such as community rooms, fitness centers,
garden areas, theatre, and party rooms. The outdoor spaces include terraces (including
rooftop terraces), firepit area and swimming pool that include amenities as noted in the
narrative. The project provides a variety of opportunities for residents to recreate and
socialize. The group usable open space shall be available to all residents in the Paravel
project.
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7. Parking from 490 parking stalls 425 parking stalls.
There are 358 underground parking spaces and 67 surface parking spaces provided on
the site plan. City Code requires 2 parking spaces per unit. The plan provides for 1.73
parking stalls per unit.
8. Landscaping from 914 caliper inches required by City Code to 648 caliper inches.
The plan provides for 656 caliper inches. Of those, 648 caliper inches can be applied toward
the City Code landscaping requirement. The landscaping plan provides a robust variety of
plant materials that provide color and interest. The amount of landscaping provided on site is
appropriate and sustainable over the long term. 21. REAFFIRMING CONDITIONS OF CASTLE RIDGE DEVELOPMENT
AGREEMENT: Developer agrees to all of the terms, conditions and obligations of
“Developer” under the Castle Ridge Development Agreement dated July 16, 2019, contained in paragraphs 5, 6, 34, and 35 thereof. The Property is hereby released from the terms of that certain Development Agreement dated March 4, 2008, recorded on May 16, 2008 as Document No. 9134828 with the Hennepin County Recorder and as Document
No. 4497100 with the Hennepin County Registrar of Titles and that certain Agreement
Regarding Special Assessments dated May 8, 2008, recorded on May 16, 2008 as Document No. 9134830 with the Hennepin County Recorder and as Document No. 4497115 with the Hennepin County Registrar of Titles, both of which pertain to the Property. If this Agreement is terminated such termination does not terminate the release
of the documents set forth above in this Section 21.
22. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for any retaining
walls greater than four feet in height.
These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer agrees that the materials to be used shall be compatible with those used on adjacent lands covered by the Castle Ridge
Development Agreement.
Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property.
All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 23. PRIVATE SIDEWALK CONSTRUCTION: Developer shall complete implementation
of the approved private sidewalks as shown in the Plans in accordance with the terms of
Exhibit C prior to issuance of any occupancy permit for the Property. The private sidewalk connections from the at grade units adjacent to Prairie Center Drive public sidewalk that
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are located within the drainage and utility easements are to be privately maintained. All private sidewalks shall be governed by the terms of the Access and Maintenance
Declaration require in paragraph 5 of this Agreement and paragraph 5 of the Castle Ridge
Development Agreement. Private sidewalks shall be open to the use of the public for purposes of pedestrian traffic.
24. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size,
material construction, and location of any such sign, and in accordance with the
requirements of City Code, Section 11.70. 25. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast cut-off not to exceed 25 feet in height.
Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 26. SITE AMENITIES PLAN AND CONSTRUCTION DETAILS: Prior to building permit issuance for the Property, Developer shall submit to the City Planner and obtain the
City Planner’s written approval of a Site Amenities Plan, including construction details, for the Property consistent with the Exhibit B Plans. The Site Amenities Plan shall include, but not be limited to the following: decorative sidewalks and plazas; pedestrian gathering areas; planter boxes in the outdoor seating
areas; decorative surface materials for pedestrian connections; decorative lighting; bollards; benches; decorative planters; decorative trash receptacles; wrought iron aluminum fencing; all the above in accordance with and as depicted in the Plans. No permit shall be issued for any improvement to be constructed by Developer’s tenants until the City has approved in writing the plans for such improvements. The quality of all amenities to
be installed and or constructed by Developer’s tenants shall be equal to or greater than what is required by the Plans. If any amenity features change from the approved Site Amenities Plan, all site amenity features shall be consistently used in all project areas. 27. SNOW STORAGE AND REMOVAL: Snow storage shall not occur within any parking
stalls, parking islands, areas that provide for outdoor site amenities, or wetlands. Developer shall be responsible for removal of snow from the site. If the site does not provide adequate snow storage areas, snow shall be removed from the site by the Developer. 28. PRAIRIE CENTER DRIVE TURN LANE IMPROVEMENTS: The Prairie Center
Drive Turn Lane Improvements (turn lane and public sidewalk) adjacent to the Property
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are to be constructed by the “Developer” pursuant to the Castle Ridge Development Agreement . The Prairie Center Drive turn lane improvements must be completed prior to
the issuance of any occupancy permit for the Property.
29. STRUCTURE SETBACKS FROM 100 YEAR FLOOD ELEVATION: All permanent structures which will abut existing wetlands or storm water pretreatment ponds must have a minimum setback of 30 feet from the 100-year flood elevation as shown on the Plans.
30. SUSTAINABILITY FEATURES: The Developer shall provide sustainable components as provided in the Exhibit B plans. 31. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all
times be located inside of the building enclosures depicted on the Plans.
32. TREE REPLACEMENT: The Developer agrees to meet the Tree Replacement requirements through payment in lieu. The tree replacement requirement is 278 caliper inches. City Code allows for this requirement to be met through payment in lieu of $125 per caliper inch. Prior to release of the final plat, Developer shall submit to the City
payment of $34,750.00 to meet this requirement. 33. WETLAND PLAN: Prior to release of the land alteration permit for any portion of the Property, Developer shall submit to the City’s Environmental Coordinator and receive the Environmental Coordinator’s approval of a Wetland Plan. The approved Wetland Plan
shall be consistent with the materials and requirements shown on the Plans and as required by City Code. The Plan shall include the following elements. A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer shall submit to the City a Wetland Buffer Strip Evaluation Report (“Buffer Report”) and
Wetland Delineation Report in accordance with the Wetland Plan and City Code requirements. If the Delineation or Buffer Reports identify any unacceptable vegetation or other conditions, the wetland and/or wetland buffer strip shall be graded, treated, reseeded and/or replanted (thereon known as “Landscaping”, or “Landscaped”) by the Developer within 90 days of submission of the Buffer Report
or within 90 days after receipt of a wetland permit for wetland alteration. If the Wetland Plan is submitted after September 30th, the Landscaping must be completed by June 30th of the following year. If Landscaping of the wetland and/or wetland buffer strip is required, the Developer shall submit a signed statement by a qualified wetland consultant, as determined by the City Manager, stating that the
wetland and/or wetland buffer strip vegetation complies with all City requirements within 30 days of completion of the Landscaping of the wetland and/or wetland buffer strip. B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer shall submit
a signed contract with a qualified wetland consultant, as determined by the City
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Manager and/or designee, for preparation of an Annual Wetland and Wetland Buffer Strip Evaluation Report (Annual Buffer Report) that evaluates the condition
of the wetland(s) and wetland buffer strip(s) and to determine if they are in
compliance with all City requirements. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified within the wetland(s) and/or wetland buffer strip(s).
The first Annual Buffer Report shall be submitted no later than November 1 of the
calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report shall be submitted annually until two full growing seasons following completion of the development have passed, at which point a final Annual Report shall be submitted. The final Annual Buffer Report
shall evaluate the wetland(s) and wetland buffer strip(s) to determine if the
wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or final Annual Buffer Report, the Developer shall correct the area(s)
identified within 90 days of submission of the Annual Buffer Report. C. Conservation Easement: The necessary Conservation Easement for the Property is filed with the Hennepin County Recorder’s Office as Document No. 10740711 and with the Hennepin County Registrar of Titles as Document No. 5673505.
D. Wetland Buffer Strip Monuments: The Wetland Plan shall include a plan to install all wetland buffer strip monuments for the property prior to release of the first building permit for any portion of the Property. The Security referred to in paragraph E below shall include the cost for location, including surveying, and
installation of the monuments. Wetland buffer strip monument locations shall be shown on the final grading plan and final plat. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre-approved in writing by the City Manager. The post shall be a minimum of 2.25
inches wide and 6 feet 6 inches long (2.25” x 6.5’). The sign shall have a minimum size of 3 inch by 8 inch (3” x 8”). The sign shall be mounted flush with the top of the post and shall include the statement “Conservation Easement: No Mowing Allowed - Wetlands and buffers filter pollutants, reduce flooding and provide habitat.” The signs shall also include the City and Watershed District logos and
website links. . The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited. E. Wetland Performance Bond: Developer shall furnish to the Environmental
Coordinator and receive the Environmental Coordinator’s approval of a Wetland
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Plan performance bond, cash escrow, or letter of credit with a corporation approved by the City Manager or other guarantee acceptable to the City Manager (hereinafter
referred to as the “Security”) equal to 150% of the cost, as estimated by the City
Manager, of completing said Wetland Plan requirements and/or Landscaping as depicted on the Plans and as required by City Code. Said Security shall cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development.
If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Security in whole or in part to pay the cost of implementation.
34. MORTGAGEE CONSENTS. For any mortgage liens recorded against the Property prior
to the recording of the final plat and this Agreement, Developer will deliver to City consents in the form attached hereto as Exhibit F. 35. CONTRACTOR PARKING: The Developer must provide contractor parking areas (i) within the project boundaries or (ii) on neighboring properties for which Developer has a
separate agreement that allows parking, during site development, including grading, utility installation, and project buildout. Contractor parking will not be allowed on adjacent public streets. A plan addressing contractor parking must be submitted to the Engineering Division with the Land Alteration Permit for review and approval. Copies of the executed separate agreements authorizing parking on neighboring properties shall be submitted with
the plan. 36. RECORDING: Developer shall not record this Agreement or the TIF Agreement with the Hennepin County Recorder/Registrar of Titles Office until Developer acquires fee title to the Property, unless Developer (i) provides to the City and obtains City approval of an
owner’s supplement signed by the then-current owner of the Property, on a form approved by the City; and (ii) includes such owner’s supplement in the recorded documents. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
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CITY OF EDEN PRAIRIE By___________________________
Ronald A. Case
Its Mayor By____________________________
Rick Getschow
Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________,
2020, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________
Notary Public
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Paravel Property, LLC By ________________________________ Its ________________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ____________, 2020, by _______________________________________, the , of Paravel Property, LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road
Eden Prairie, MN 55344
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EXHIBIT A
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT –PARAVEL
Legal Description Before Final Plat
Outlot A, Castle Ridge 3rd Addition, Hennepin County, Minnesota Legal Description After Final Plat
Lot 1, Block 1, Castle Ridge 4th Addition, Hennepin County, Minnesota
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EXHIBIT B
FIRST AMENDED AND RESTATED DEVELOPMENT
AGREEMENT –PARAVEL
Narrative dated September 3, 2019 by Tushie Montgomery Architects Cover Sheet dated 11-15-2019 by Tushie Montgomery Architects
Cover Sheet dated 09-03-2019 by Westwood
Existing Conditions and Removal Plan dated 9/03/19 by Westwood Preliminary Plat dated 9/03/19 by Westwood Significant Tree Inventory dated 9/03/19 by Westwood PUD Site Plan dated 9/03/19 by Westwood
Phase II Site Plan dated 9/03/19 by Westwood
Phase II Grading Plan dated 9/03/19 by Westwood Phase II Erosion Control Plan dated 9/03/19 by Westwood Phase II Utility Plan dated 9/03/19 by Westwood Wetland Buffer Plan dated 9/03/19 by Westwood
Zoning Exhibit dated 9/03/19 by Westwood
Contextual Aerial A1.0 dated 11-15-2019 by Tushie Montgomery Architects Overall Site Plan A1.1 dated 11-15-2019 by Tushie Montgomery Architects Site Plan A1.2 dated 11-15-2019 by Tushie Montgomery Architects Site Plan Details A1.3 dated 11-15-2019 by Tushie Montgomery Architects
Site Plan Details A1.4 dated 11-15-2019 by Tushie Montgomery Architects
Landscape Plan A1.5 dated 11-15-2019 by Tushie Montgomery Architects Landscape Plan Details A1.6 dated 11-15-2019 by Tushie Montgomery Architects Landscape Plan Details A1.7 dated 11-15-2019 by Tushie Montgomery Architects Site Area Diagrams A1.8 dated 11-15-2019 by Tushie Montgomery Architects
Tree Replacement Plan A1.9 dated 11-15-2019 by Tushie Montgomery Architects
Landscape Amenity Plan A1.10 dated 11-15-2019 by Tushie Montgomery Architects Group Usable Open Space A1.12 dated 11-15-2019 by Tushie Montgomery Architects North - Lighting Plan A1.13 dated 11-15-2019 by Tushie Montgomery Architects South - Lighting Plan A1.14 dated 11-15-2019 by Tushie Montgomery Architects
Overall Plan Garage Level-2 A2.0 dated 11-15-2019 by Tushie Montgomery Architects
Overall Plan Garage Level-1 A2.1 dated 11-15-2019 by Tushie Montgomery Architects Overall Plan – 1st Floor A2.2 dated 11-15-2019 by Tushie Montgomery Architects Overall Plan – 2nd Floor A2.3 dated 11-15-2019 by Tushie Montgomery Architects Overall Plan – 3-4th Floor A2.4 dated 11-15-2019 by Tushie Montgomery Architects Overall Plan – 5th Floor A2.5 dated 11-15-2019 by Tushie Montgomery Architects
Overall Plan – 6th Floor A2.6 dated 11-15-2019 by Tushie Montgomery Architects
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Overall Plan – 7th Floor A2.7 dated 11-15-2019 by Tushie Montgomery Architects Elevations A3.0 dated 11-15-2019 by Tushie Montgomery Architects
Elevations A3.1 dated 11-15-2019 by Tushie Montgomery Architects
Elevations A3.2 dated 11-15-2019 by Tushie Montgomery Architects Elevations A3.3 dated 11-15-2019 by Tushie Montgomery Architects Perspectives A4.0 dated 11-15-2019 by Tushie Montgomery Architects Perspectives A4.1 dated 11-15-2019 by Tushie Montgomery Architects
Perspectives A4.2 dated 11-15-2019 by Tushie Montgomery Architects
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EXHIBIT C
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT – PARAVEL
I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed
contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property, subject to the terms of Section 4 of the Development Agreement. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof. VII. Developer represents that it has an enforceable purchase agreement to acquire marketable fee title to the Property, and that the owner of the Property as of the date of this Agreement is:
Castle Ridge Care Center, Inc. Developer intends to close on its purchase of the Property prior to recording this Agreement. With respect to any interest in all portions of the Property which Developer is
required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated
Property"), Developer represents and warrants as follows now and at the time of dedication
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or conveyance:
A. That Developer will have marketable fee title free and clear of all mortgages, liens,
and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of,
placed or otherwise allowed to come in or on the Dedicated Property, any hazardous
substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored,
disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorney’s fees
and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements
and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’ street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of City performance of obligations of Developer
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contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this
agreement is intended to be exclusive and each shall be cumulative and shall be in addition
to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice
to Comcast of the development contemplated by this Development Agreement. Notice
shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State
surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans,
existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan
(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall
be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property
line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading
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“Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post.
XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City.
XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the “Security”) is required if the Developer defaults with respect to any term or condition in
this Agreement for which Security is required and fails to cure such default(s) within ten
(10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in
writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days’ notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If
the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to
reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by
the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one
or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County
Recorder's Office/Registrar of Titles' Office.
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XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction
with the Applications. These costs include internal City administrative, planning and,
engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City.
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EXHIBIT D – COMPLIANCE CERTIFICATE
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT – PARAVEL
RENT ROLL CERTIFICATE
Apartment Name Complex
Address
Rent Limits mm/dd/yyyy to mm/dd/yyyy
Rent Limits: Units 1 Bedroom 2 Bedroom 2 Bedroom/ Den
3Bedroom
Affordable @ 50% of Median $ $ $
Apartment Number Number of Bedrooms Style Household Size
Market Rent Max Rent 50% of Median
Application Date YYYY Initial Gross Annual Income
YYYY Initial Income Limit
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EXHIBIT E
INCLUSIONARY HOUSING COMPLIANCE
CERTIFICATE
The undersigned does hereby certify that as of the date of this Certificate not less
than 13 of the residential units in the project located at 635 Prairie Center Drive, Eden Prairie, Minnesota (the “Project”) are occupied by individuals whose income is either 80% or 100% or less of the Hennepin County area median income. The following Units are the IH as defined in the Tax
Increment Development Agreement:
1. Unit No. _____ Unit Type* _____ 80% 2. Unit No. _____ Unit Type* _____ 80% 3. Unit No. _____ Unit Type* _____ 80%
4. Unit No. _____ Unit Type* _____ 80%
5. Unit No. _____ Unit Type* _____ 80% 6. Unit No. _____ Unit Type* _____ 80% 7. Unit No. _____ Unit Type* _____ 80% 8. Unit No. _____ Unit Type* _____ 100%
9. Unit No. _____ Unit Type* _____ 100%
10. Unit No. _____ Unit Type* _____ 100% 11. Unit No. _____ Unit Type* _____ 100% 12. Unit No. _____ Unit Type* _____ 100% 13. Unit No. _____ Unit Type* _____ 100%
Dated this ________day of ____________, 20_______.
_______________________________ By: _________________________ *Indicate: S for Studio Unit; 1BR for 1 Bedroom Unit; or 2BR for 2 Bedroom Unit.
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EXHIBIT F - MORTGAGEE CONSENT AND
SUBORDINATION
FIRST AMENDED AND RESTATED DEVELOPMENT
AGREEMENT –PARAVEL
CONSENT AND SUBORDINATION
The undersigned, owner of that certain Mortgage dated the _____ day of ____, ______ recorded in the office of the County Recorder and the Registrar of Titles in and for the County of _________, State of Minnesota, on the ____ day of _______________, 20__ as Document No. ________ covering the Property described on Exhibit A hereto, for valuable consideration, does
hereby consent to the and subordinates it interest in the Property to that certain First Amended and Restated Development Agreement, to which this Consent and Subordination is attached, dated ______ __, 20__ by _________________________ to the City of Eden Prairie.
_____________________________
By:
Its:
STATE OF MINNESOTA ) ) ss. COUNTY OF ________________ )
On the ______ day of _______________, 20__, before me personally came ___________________________, to me known, who being duly sworn by me stated that he/she is the __________________________ of the said _______________________and that he/she is
duly authorized to execute the foregoing instrument.
______________________________
Notary Public
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah
ITEM DESCRIPTION:
Hueler Property Development Agreement Amendment
ITEM NO.:
VIII.D.
Requested Action
Move to: Approve First Amendment to Development Agreement for Hueler Property Synopsis The Hueler Property Development Agreement was previously approved on June 13, 2017. The
development provided for the creation of 3 single family lots. Two of these lots were to be accessed via driveway easements. The Development Agreement also provided for an Encroachment Agreement as part of the driveway alignments. The property owners wish to amend the alignment of the driveway easement serving Lot 1, Block 1, Bluffs West 15th Addition
in order to minimize tree loss and visual impacts to Lot 1, Block 1, Bluffs West 14th Addition.
This First Amendment to the Development Agreement provides for the revised alignment and requires amendment to the associated Encroachment Agreement prior to issuance of a land alteration or building permit for Lot 1, Block 1, Bluffs West 15th Addition. Attachment First Amendment to the Development Agreement
HUELER PROPERTY
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“First Amendment”) is entered into as of March 17, 2020, by Lakefront Properties, LLC, a Minnesota
limited liability company (“Lakefront”) and Timmy L. and Heather J. Droel (“Droel”), husband and
wife, hereinafter collectively referred to as "Developers," their successors and assigns, and the CITY
OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City”:
WITNESSETH:
WHEREAS, Gregory W. and Kelli Hustad Hueler (“Hueler”) as Developer and City entered into that certain Development Agreement between the parties dated as of June 13, 2017, recorded
June 15, 2017 with the Hennepin County Registrar of Titles as Document Number T5451085,
pertaining to property incorrectly described as Lots 1-3, Hueler Property ("Original Development
Agreement");
WHEREAS, Hueler and City entered into that certain Encroachment Agreement between the
parties dated as of December 28, 2017, recorded May 15, 2018 with the Hennepin County Registrar
of Titles as Document Number T5530344, Property ("Original Encroachment Agreement");
WHEREAS, Lakefront is the successor in interest to Hueler’s ownership of Lot 2, Block 1,
Bluffs West Fourteenth Addition as identified on Certificate of Title No. 1463263;
WHEREAS, Timmy L. and Heather J. Droel are the fee owners of Lot 1, Block 1, Bluffs West Fourteenth Addition as identified on Certificate of Title No. 1478275;
WHEREAS, Timmy L. and Heather J. Droel are the fee owners of Lot 1, Block 1, Bluffs
West Fifteenth Addition as identified on Certificate of Title No. 1497471;
WHEREAS, Lot 1, Block 1, Bluffs West Fourteenth Addition, Lot 2, Block 1, Bluffs West
Fourteenth Addition and Lot 1, Block 1, Bluffs West Fifteenth Addition, Hennepin County,
Minnesota, are hereinafter referred to as the “Property”;
NOW, THEREFORE, the Developers and the City agree to the amendment of the Original
Development Agreement as follows:
1. Paragraph 1 is amended in its entirety as follows:
PLANS: Developers shall develop the Property in conformance with the materials revised and dated October 9, 2019, reviewed and approved by the City Council on March 17, 2020, (hereinafter the “Plans”) and identified on Exhibit B, subject to changes and modifications as
provided herein. Prior to issuance of a land alteration or building permit, whichever should
occur first, for Lot 1, Block 1, Bluffs West Fifteenth Addition, Droel shall submit to the City
Engineer and obtain City Engineer’s written approval of an Erosion and Sediment Control
Plan that identifies the type and location of temporary BMPs, including those that protect the
slopes and infiltration basin.
2. Paragraph 11 is amended as follows:
ENCROACHMENT AGREEMENT: Portions of the private driveway providing access to the Property are located within the Riverview Road right-of-way. Prior to issuance of a land
alteration permit or building permit, whichever should occur first, for Lot 1, Block 1, Bluffs
West Fifteenth Addition, the Developers shall execute a revised “Revised Encroachment
Agreement” in form and substance as attached in Exhibit C hereto reflecting the revised
location and shall file the Revised Encroachment Agreement in the Hennepin County
Registrar of Titles’ Office and obtain a Consent and Subordinations from all existing lien holders, including any mortgagee. Upon execution and recording of the Revised Encroachment Agreement the Original Encroachment Agreement is terminated in its entirety
and is of no further force or effect. The Original Encroachment Agreement may therefore be
disregarded in the real property records.
3. ORIGINAL DEVELOPMENT AGREEMENT: Except as modified or amended herein
the Original Development Agreement remains in full force and effect.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONAL BLANK
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By___________________________
Ronald A. Case
Its Mayor
By____________________________
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _______, 2020, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of said corporation.
_______________________ Notary Public
DEVELOPERS: Timmy L. Droel and Heather J. Droel, husband and wife
________________________________
Timothy L. Droel
________________________________
Heather J. Droel
STATE OF MINNESOTA ) ) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of ______, 2020, by Timmy L.
and Heather J. Droel, husband and wife.
Notary Public
LAKEFRONT PROPERTIES, LLC, a
Minnesota limited liability company
By: ___________________________
Its: ___________________________
STATE OF MINNESOTA ) ) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of ____________, 2020, by
____________________ the ____________________ of Lakefront Properties, LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBIT A
DEVELOPMENT AGREEMENT AMENDMENT– Hueler Property
Legal Description
Lot 1, Block 1, Bluffs West Fourteenth Addition, Hennepin County, Minnesota;
Lot 1, Block 1, Bluffs West Fifteenth Addition, Hennepin County, Minnesota; and
Lot 2, Block 1, Bluffs West Fourteenth Addition, Hennepin County, Minnesota.
EXHIBIT B
DEVELOPMENT AGREEMENT AMENDMENT– Hueler Property
Existing Conditions dated 10/1/19 by Westwood
Proposed Plan dated 10/9/19 by Westwood
EXHIBIT C – ENCROACHMENT
AGREEMENT
DEVELOPMENT AGREEMENT AMENDMENT– Hueler Property
FIRST AMENDMENT TO ENCROACHMENT AGREEMENT
FOR PRIVATE USE OF PUBLIC PROPERTY
This First Amendment to Encroachment Agreement For Private Use of Public Property (hereinafter “First Amendment”) is made this _____ day of _________________, 2020, between the CITY OF EDEN PRAIRIE, Minnesota, a municipal corporation (the “City”), and Lakefront Properties, LLC a Minnesota limited liability company (“Lakefront”) and Timmy L. and Heather J. Droel (“Droel”), husband and wife, hereinafter collectively referred to as "Developers," their
successors and assign (the “Owners”).
RECITALS:
A. Whereas Gregory W. Hueler and Kelli Hustad Hueler (“Hueler”) the predecessors in interest to the Owners and City have entered into the certain Development Agreement dated the 13th day of June 2017, recorded on the 15thday of June 2017 as Document No. T5451085.
B. Whereas Hueler and City also entered into the certain Encroachment Agreement For Private Use of Public Property (hereinafter “Encroachment Agreement”) as of the 28th of December, 2017 pertaining to the property described on the attached Exhibit A hereinafter the “Property”;
C. Whereas Owners are the fee Owners of the lots comprising the Property as set out in Exhibit A.
D. Whereas Owners and City desire to amend the Encroachment Agreement to adjust the location of the shared driveway within the Public Property.
AGREEMENT
In consideration of the foregoing and the mutual covenants herein, the parties agree as follows:
1. RECITALS. The recitals set forth above are incorporated herein.
2. AMENDMENT TO EXHIBIT B. Exhibit B of the Encroachment Agreement is replaced in its entirety with the Attached Exhibit B.
3. ENTIRE AGREEMENT. This First Amendment constitutes the entire agreement between the parties with respect to the matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated into this First Amendment, and all prior documents and correspondence between the parties with respect to the subject matter
herein contained (other than the Agreement) are superseded and of no further force or effect. No
modifications of this First Amendment shall be valid until it has been placed in writing and signed by all parties hereto.
4. FULL FORCE AND EFFECT. Except as herein amended by this First
Amendment, the terms, conditions and provisions of Encroachment Agreement shall remain in full
force and effect.
5. RECORDING. The Owners shall cause this First Amendment to Encroachment Agreement to be filed for record with the Hennepin County Registrar’s of Title’s Office within 30
days of its execution by the Owners and the City. Evidence of filing shall be provided to the City within 30 days thereafter.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONAL BLANK
CITY OF EDEN PRAIRIE
By _______________________________ Ronald A. Case Its Mayor
By _______________________________ Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ______________, 2020, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. ____________________________
Notary Public
OWNERS:
Timmy L. Droel and Heather J. Droel, husband and wife
________________________________ Timothy L. Droel
________________________________
Heather J. Droel
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ______, 2020, by Timmy L. and Heather J. Droel, husband and wife.
Notary Public
LAKEFRONT PROPERTIES, LLC, a
Minnesota limited liability company
By: ___________________________
Its: ___________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of ______, 2020, by ____________________ the ____________________ of Lakefront Properties, LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
EXHIBIT A
ENCROACHMENT AGREEMENT AMENDMENT–
Legal Description
Lot 1, Block 1, Bluffs West Fourteenth Addition, Hennepin County, Minnesota;
Lot 1, Block 1, Bluffs West Fifteenth Addition, Hennepin County, Minnesota; and
Lot 2, Block 1, Bluffs West Fourteenth Addition, Hennepin County, Minnesota.
15
Hueler Property Development Agreement Amendment
EXHIBIT B TO ENCROACHMENT AGREEMENT
16
Hueler Property Development Agreement Amendment
CONSENT AND SUBORDINATION
The undersigned, owner of that certain Mortgage dated the _____ day of ____, ______
recorded in the office of the Registrar of Titles in and for the County of _________, State of Minnesota, on the 9th day of January , 2019 as Document No. 5587709 covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the and
subordinates it interest in the Property to that certain Encroachment Agreement, to which this
Consent and Subordination is attached, dated ______ __, 20__ by Timmy L. and Heather J. Droel,
husband and wife, and Lakefront Properties, LLC to the City of Eden Prairie.
Mortgage Electronic Registration System, Inc.
By:
Its:
STATE OF )
) ss. COUNTY OF ________________ )
On the ______ day of _______________, 20__, before me personally came
___________________________, to me known, who being duly sworn by me stated that he/she is
the __________________________ of the said Mortgage Electronic Registration System, Inc. and that he/she is duly authorized to execute the foregoing instrument.
______________________________
Notary Public
17
Hueler Property Development Agreement Amendment
EXHIBIT A
Mortgagee Consent
Legal Description
Lot 1, Block 1, Bluffs West Fourteenth Addition, Hennepin County, Minnesota
18
Hueler Property Development Agreement Amendment
CONSENT AND SUBORDINATION
The undersigned, owner of that certain Mortgage dated the _____ day of ____, ______ recorded in the office of the Registrar of Titles in and for the County of _________, State of Minnesota, on the 9th day of January , 2019 as Document No. 5587709 covering the Property
described on Exhibit A hereto, for valuable consideration, does hereby consent to the and
subordinates it interest in the Property to that certain Encroachment Agreement, to which this
Consent and Subordination is attached, dated ______ __, 20__ by Timmy L. and Heather J. Droel,
husband and wife, and Lakefront Properties, LLC to the City of Eden Prairie.
Guaranteed Rate, Inc.
By:
Its:
STATE OF ) ) ss.
COUNTY OF ________________ )
On the ______ day of _______________, 20__, before me personally came ___________________________, to me known, who being duly sworn by me stated that he/she is the __________________________ of the said Guaranteed Rate, Inc
_______________________and that he/she is duly authorized to execute the foregoing instrument.
______________________________ Notary Public
19
Hueler Property Development Agreement Amendment
EXHIBIT A
Mortgagee Consent
Legal Description
Lot 1, Block 1, Bluffs West Fourteenth Addition, Hennepin County, Minnesota
20
Hueler Property Development Agreement Amendment
CONSENT AND SUBORDINATION
The undersigned, owner of that certain Mortgage and Assignment of Rents dated the _____
day of ____, ______ recorded in the office of the Registrar of Titles in and for the County of
Hennepin , State of Minnesota, on the 15th day of May, 2018 as Document No. 5530354 and Document No. 5530355 covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the and subordinates it interest in the Property to that certain
Encroachment Agreement, to which this Consent and Subordination is attached, dated ______ __,
20__ by Timmy L. and Heather J. Droel, husband and wife, and Lakefront Properties, LLC to the
City of Eden Prairie.
ALERUS FINANCIAL, N.A.
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF ________________ )
On the ______ day of _______________, 20__, before me personally came
___________________________, to me known, who being duly sworn by me stated that he/she is
the __________________________ of the said Alerus Financial, N.A. and that he/she is duly
authorized to execute the foregoing instrument.
______________________________
Notary Public
21
Hueler Property Development Agreement Amendment
EXHIBIT A
Mortgagee Consent
Legal Description
Lot 2, Block 1, Bluffs West Fourteenth Addition, Hennepin County, Minnesota
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Randy L. Slick
Public Works / Engineering
ITEM DESCRIPTION:
Final Plat Report of Castle Ridge 4th Addition
ITEM NO.:
VIII.E.
Requested Action
Move to: Adopt the resolution approving the final plat of Castle Ridge 4th Addition. This proposal is for a plat located at 635 Prairie Center Drive. The plat consists of 4.69 acres to be platted into 1 lot. The proposed project is the second phase of the Castle Ridge Redevelopment project. This phase proposes the construction of a 5 and 7 story apartment
buildings that provide 246 residential units. This is a replat of Outlot A, Castle Ridge 3rd Addition. Background Information
The preliminary plat was approved by the City Council on September 17, 2019. Second reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was approved by the City Council on December 3, 2019. Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of $1,240.00
• Prior to the release of the final plat, Developer shall submit to the City payment of $34,750.00 to meet the Tree Replacement requirements.
• The requirements as set forth in the Developer’s Agreement. Attachments Resolution
Drawing of final plat
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- A RESOLUTION APPROVING FINAL PLAT OF CASTLE RIDGE 4RD ADDITION WHEREAS, the plat of Castle Ridge 4rd Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Castle Ridge 4rd Addition is approved upon compliance with
the recommendation of the Final Plat Report on this plat dated March 17, 2020. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on March 17, 2020.
_____________________________
Ronald A. Case, Mayor
ATTEST: SEAL
______________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Joyce Lorenz, Communications Division
ITEM DESCRIPTION:
Approve contract with AVI Systems, Inc. for Council Chambers Control Room switcher replacement.
ITEM NO.:
VIII.F.
Requested Action
Move to: Approve contract with AVI Systems, Inc. for Council Chambers Control Room switcher replacement in an amount not to exceed $39,373.54.
Synopsis This equipment installation is necessary to replace the existing Tricaster switcher, which has reached its end of life. The project is funded by cable TV franchise revenue, will ensure the
City’s delivery of live and on-demand HD meeting broadcasts to cable subscribers and online.
Background Information The City requested quotes for this project from three vendors, but only received one from AVI
Systems, Inc. Because of the City’s previous experience in working with this vendor, as well as
this vendor’s intimate knowledge of the Council Chambers and related equipment, staff is comfortable with awarding this project to AVI Systems, Inc. Attachment
Standard Agreement for Contract Services
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION: Community Development Janet Jeremiah, Director Jonathan Stanley, Housing and
Human Services Manager
ITEM DESCRIPTION:
Approve Use of CDBG Program Income Funds for Homeless Prevention
ITEM NO.:
VIII.G.
Requested Action Move to: Approve the use of $5,000 in Community Development Block Grant (CDBG) program income funds for the Homeless Prevention Program administered by People Reaching Out to People (PROP).
Synopsis PROP has received increased requests for assistance to prevent eviction and ensure housing stability for families who have been displaced through the loss of Naturally Occurring
Affordable Housing (NOAH) in Eden Prairie. The city’s CDBG funds are the only funding
source available to PROP that can serve households with incomes up to 80% of the area median income. The CDBG funding for this project will come from excess program income which has been
generated by the Housing Rehabilitation Program.
Background Information PROP has served Eden Prairie residents for over 30 years. The city has supported PROP’s
Homeless Prevention Program with CDBG funds for over 15 years. This program provides up to
three months rental or mortgage assistance for households who are in danger of becoming homeless. As of February 2020, PROP has expended all of their FY 2019 CDBG funds. Attachment PROP Request Letter
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Bill Olmschenk, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION: I.C. 6664602
Accept Bids and Award Contract for 2020 W 168th Avenue Sidewalk Project to BKJ Excavating
ITEM NO.:
VIII.H.
Requested Action Move to: Award contract for the 2020 W 168th Avenue Sidewalk Project to BKJ Excavating in the amount of $154,411.50.
Synopsis
The City advertised for bid and received ten bids from contractors for the W 168th Avenue Sidewalk Project. The low bid, in the amount of $154,411.50, was submitted by BKJ Excavating. City staff has worked with BKJ Excavating on similar projects and recommend awarding the
contract.
Background Information City staff contracts for routine inventory of our city trail and sidewalk conditions and
recommends maintenance activities based on these condition ratings. The existing surface of this
trail section is rough, severely degraded and in extremely poor condition. In 2018, the segments ranked as being in poor condition (PCI under 70). These trail sections cannot be renovated using the standard surface treatment of a rock chip seal coat and so staff is recommending to replace the surface of the existing 6 foot wide bituminous trail segments with a new 5 foot concrete walk.
The staff estimate and budget on this project was $200,000. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department.
Attachments
Summary of Bids Contract
W 168th Avenue Sidewalk Project (#6664602)
Owner: City of Eden Prairie, MN ‐ Engineering
Solicitor: City of Eden Prairie, MN ‐ Engineering
02/21/2020 10:00 AM CST
1 BKJ Land Company $154,411.50
2 ODESA II $160,712.00
3
Sunram Construction,
Inc.$172,244.00
4
New Look
Contracting, Inc.$176,604.65
5 Concrete Idea Inc $177,524.75
6 GL Contracting Inc.$182,518.80
7
Pember Companies,
Inc.$182,591.70
8
Create Construction
LLC $187,527.00
9
McNamara
Contracting $193,527.15
10
Blackstone
Contractors LLC $233,659.00
SHORT FORM CONSTRUCTION CONTRACT
THIS AGREEMENT, made and executed this 17th day of March 2020, by and between City of Eden Prairie hereinafter referred to as the "CITY", and BKJ Excavating., hereinafter referred to as the "CONTRACTOR",
WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows:
I. 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: 2020 W 168th Avenue Sidewalk Project #6664602
CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. 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 Parks Construction Supervisor. The aggregate sum of such prices, based on estimated required quantities is estimated to be $154,411.50.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement
d. Contractor's Performance Bond
e. Contractor's Payment Bond (2) Special Conditions
(3) Detail Specifications
(4) General Conditions (5) Plans
(6) Addenda and Supplemental Agreements
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. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the following schedule:
Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________
Its City Mayor
__________________________________ By_______________________________ Its City Manager
CONTRACTOR
In Presence Of: ____________________________________
__________________________________ By ________________________________ Its __________________________
__________________________________ _______________________________ Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Award the Contract for the Purchase and Installation of Playground Equipment for Crestwood Park and Franlo Park to Midwest Playscapes.
ITEM NO.:
VIII.I.
Motion Move to: Approve the Standard Agreement for Contract Services to Midwest Playscapes
for the purchase and installation of playground equipment for Crestwood Park and
Franlo Park at a cost not to exceed $165,173.00. Synopsis The City of Eden Prairie requested proposals for new playground designs and equipment at Crestwood Park and Franlo Park. Staff received proposals from six vendors and chose the top
two proposals to move forward. Staff suggested changes to these two vendors and received a second proposal from each and these designs were brought to the Parks, Recreation and Natural Resources Commission for feedback. The proposal for the project was at a costs not to exceed of $140,000.00. The added costs were for added amenities requested by the city after receiving feedback from staff and the Parks, Recreation and Natural Resources Commission. Funding for
the play equipment replacement work will come from the Capital Improvement Program. Background
Play equipment is on a replacement schedule based on our annual safety audits. Equipment is identified as needing replacement based on its age and safety audit point priority ranking. Play equipment has a normal life expectancy of 15 years and the existing equipment has out-lived its normal expectancy.
Recommendation The proposal from Midwest Playscapes is in line with our estimate and staff recommends approval of this Contract.
Attachment Standard Agreement for Contract Services
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 17th day of March, 2020, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Midwest Playscapes, a Minnesota business (hereinafter
"Contractor") whose business address is 8632 Eagle Creek Circle, Savage, MN 55378.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for supply and installation of the play equipment at Crestwood Park and Franlo Park hereinafter referred to as the "Work".
The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions
of the Work in accordance with attached Exhibit A. Any general or specific conditions,
terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of
March 17, 2020. The Agreement shall continue for one (1) year thereafter. The project completion must be completed by October 2, 2020 ready for owner inspection. 3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering
the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly
identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 13
necessary image or attitude, in the judgment of the owner, to present a first class
operation.
f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor.
4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Removal and installation of EWF in each play container. c. Level and grade site prior to install
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $165,173.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be
paid in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the
completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City.
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 13
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 13
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 13
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 13
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under
the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following.
The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The
notified party shall have five (5) days from the date of such notice to cure the breach
or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement
Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 13
shall cease upon such termination. Any prior liability of a party shall survive
termination of this Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective.
13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and
Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 13
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly
signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all
Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 13
subcontracts for program work. The Contractor further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language.
Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 13
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Mayor ___________________________________ City Manager
CONTRACTOR
By: ________________________________ Its: _______________________________
Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 13
Exhibit A
Standard Agreement for Contract Services 2017 06 01.01 Page 12 of 13
Standard Agreement for Contract Services 2017 06 01.01 Page 13 of 13
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Bill Olmschenk, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Accept bids and award contract for 2020 Parking Lots, Trails, Plazas Rehabilitation Project to MN Roadways Co.
ITEM NO.:
VIII.J.
Motion
Move to: Accept bids and award the contract for the 2020 Parking Lots, Trails, and Plazas Rehabilitation Project to MN Roadways Co. in the amount of $128,349.20. Synopsis
The Miller Park Field 11 trail, lot, and plaza; the Carmel parking lot; and the Smetana boat ramp parking lot have numerous structural cracks and surface flaking. They are becoming un-level and potentially unsafe. The best option is to tear out existing bituminous, regrade, compact, and
repave.
Background Park staff continually inspects the conditions of the many paved surfaces we have throughout the
park system and schedules maintenance for these surfaces as needed. The areas identified in this
contract have all reached their useful life and are now in need of replacement. The staff estimate and budget on this project was $160,000. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment
funding under the Parks and Recreation Department.
Bid Summary and Recommendation The summary of the bids submitted is as follows:
2020 Parking Lots, Trails, and Plaza
Minnesota Roadways Co $ 128,349.20
Bituminous Roadways $ 144,720.00
DMJ Asphalt $ 172,021.40
BKJ Excavating $ 174,967.00
Northwest Asphalt $ 181,000.40
Odesa II $ 196,867.00
Attachment Form of Contract
SHORT FORM CONSTRUCTION CONTRACT
THIS AGREEMENT, made and executed this 17th day of March 2020, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Minnesota Roadways Company., hereinafter referred to as the "CONTRACTOR",
WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Parks and Natural Resources Department referred to in Paragraph IV, as provided by the CITY for: 2020 Parking Lots, Trails, and Plazas Rehabilitation Project
CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. 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 Parks Construction Supervisor. The aggregate sum of such prices, based on estimated required quantities is estimated to be $128,349.20.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement
d. Contractor's Performance Bond
e. Contractor's Payment Bond (2) Special Conditions
(3) Detail Specifications
(4) General Conditions (5) Plans
(6) Addenda and Supplemental Agreements
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. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the following schedule:
Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________
Its City Mayor
__________________________________ By_______________________________ Its City Manager
CONTRACTOR
In Presence Of: ____________________________________
__________________________________ By ________________________________ Its __________________________
__________________________________ _______________________________ Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Bill Olmschenk, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Accept bids and award contract for 2020 Eden Prairie Anderson Lakes Parkway – Purgatory Creek Sidewalk Project to Odesa
II Inc.
ITEM NO.:
VIII.K.
Motion Move to: Accept bids and award the contract for the 2020 Eden Prairie Anderson Lakes Parkway – Purgatory Creek Sidewalk Project to Odesa II Inc. in the amount of
$120,788.00.
Synopsis The City advertised for the installation of a new sidewalk on the north end of Anderson Lakes Parkway from Carmody Drive down to the Purgatory Creek trail. This will also include the
rehabilitation of 4 pedestrian ramps at Carmody drive. The City received sealed bids from five
contractors. Background
The scope of this project is to construct a new sidewalk on the north end of Anderson Lakes
Parkway from Carmody Drive down to the Purgatory Creek trail. This will also include the rehabilitation of 4 pedestrian ramps at Carmody drive. The staff estimate and budget on this project was $140,000. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and
Recreation Department.
Bid Summary and Recommendation The summary of the bids submitted is as follows:
2020 ALP Sidewalk Project
OdesaII $ 120,788.00
BKJ Excavating $ 128,853.00
Sunram Construction $ 132,678.00
Blackstone Contractors $ 163,073.17
New Look Contracting $ 171,776.00
Attachment Form of Contract
SHORT FORM CONSTRUCTION CONTRACT
THIS AGREEMENT, made and executed this 17th day of March 2020, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Odesa II LLC., hereinafter referred to as the "CONTRACTOR",
WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows:
I. 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: 2020 Eden Prairie Anderson Lakes Parkway – Purgatory Creek Sidewalk Project
CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. 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 Parks Construction Supervisor. The aggregate sum of such prices, based on estimated required quantities is estimated to be $120,788.00.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement
d. Contractor's Performance Bond
e. Contractor's Payment Bond (2) Special Conditions
(3) Detail Specifications
(4) General Conditions (5) Plans
(6) Addenda and Supplemental Agreements
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. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the following schedule:
Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________
Its City Mayor
__________________________________ By_______________________________ Its City Manager
CONTRACTOR
In Presence Of: ____________________________________
__________________________________ By ________________________________ Its __________________________
__________________________________ _______________________________ Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Robert Ellis
Public Works
ITEM DESCRIPTION: IC 15-5904
Agreement with Republic Services for material
disposal at the 2020 Drop Off Day Event
ITEM NO.:
VIII.L.
Requested Action
Move to: Approve Agreement with Republic Services for material disposal at the 2020 Drop Off Day Event at an estimated cost of $62,515.00.
Synopsis
A request for proposal was sent to two waste hauler companies. Republic Services was the only vendor to submit a proposal. The proposal included an estimated price of $62,515.00 for material disposal services. The event will be held Saturday morning on June 20, 2020.
Background Information The City began providing a cleanup in 1995 with a few basic items, such as such as yard waste, construction debris, general household trash and recyclables. In 2002 the cleanup was moved to
the Hennepin Technical College as the Allied Waste facility could no longer handle the number
of people that came to the event. The change also allowed the City to increase the number and types of materials and now includes bicycle recycling, yard waste, scrap metal, appliances, electronics, tires, fluorescent bulbs, and propane tanks.
Nominal fees are charged for appliances, electronics, tires, e-waste and other miscellaneous
items. However, yard waste, furniture, steel and many general trash items can be dropped off at no charge. Costs for the event are paid out of the annual recycling grant the City receives from Hennepin County, as well as storm water enterprise and general funds.
The 2020 agreement includes provisions for 18 rear load trucks for general trash, four 30-yard dumpsters for construction and demolition, one front load truck and two 40-yard dumpsters for yard waste, one 30-yard dumpster for scrap metal, one 8-yard dumpster for cardboard, as well as 47 personnel to operate equipment, load debris and route traffic. This is an increase of 8 rear
loads trucks for general trash, one dumpster for construction and demolition debris, and 17
personnel. There will also be an increase in City provided staff at the event in 2020. Attachment Agreement
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Public Works
Robert Ellis
ITEM DESCRIPTION: IC 18843
Accept Bid for the Entry Monument Sign on Highway 5 at Dell Road
ITEM NO.:
VIII.M.
Requested Action
Move to: Accept bid from Blackstone Contractors LLC for the entry monument sign project on Highway 5 at Dell Road in the amount of $146,120.00. Synopsis
Sealed bids were received Thursday, March 5, 2020 for this project. Five bids were received. Staff recommends accepting Blackstone Contractors LLC’s low base bid, bid alternate #1, and bid alternate #2 for a total award of $146,120.00. Bid alternate #1 includes lighting for the bird component and bid alternate #2 includes lighting for the wave panels
Background Information Staff has been working to design and construct City entry monument signs at key locations around Eden Prairie. The first installation was at Anderson Lakes Parkway and TH-169, followed by I-494 near Viking Drive. The entry monument signs include a structural wall with a
stone face and internally illuminated letters, soaring bird silhouettes, and wave panels. This sign is expected to be completed by November of 2020. Attachments
Recommendation of Award Form of Contract
March 6, 2020
Mr. Robert Ellis
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Construction Bids for Entry Monument Sign at Highway 5 and Dell Road
City Project # IC 18843
Dear Mr. Ellis,
Bids were received and opened at 10:00 a.m. on Thursday March 5, 2020, for the
above referenced project. The bids are shown on the attached Summary of Bids.
The low bidder, Blackstone Contractors LLC, came in with a base bid of
$135,620.00. Bid Alternate #1 came in at $6,500.00. Bid Alternate #2 came in at
$4,000.
Recommendation is made that the City Council awards City Project # IC 18843 to
Blackstone Contractors LLC in the amount of $135,620.00 for the base bid project
and include Bid Alternate #1 for $6,500.00 and Bid Alternate #2 for $4,000.00 as
well. This recommendation considers that the City Council reserves the right to
waive minor irregularities and further reserves the right to award the contract in
the best interests of the City.
Respectfully,
Hansen Thorp Pellinen Olson, Inc.
Aaron Carrell, PE
Enclosures
SUMMARY OF BIDS
City of Eden Prairie
City Project # 18843
DESCRIPTION: Entry Monument Sign - Highway 5 and Dell Road
BID OPENED: March 5, 2020
CONSULTING ENGINEER: HTPO
CHECKED BY: HTPO
Bid Responsible Base
Bidder Bond Contractor Bid BA#1 BA#2
Blackstone Contractors LLC Yes Yes $135,620.00 $ 6,500 $ 4,000
Global Specialty Contractors Inc. Yes Yes $169,310.00 $ 5,770 $ 3,300
Terranova, LLC Yes Yes $189,800.00 $10,900 $ 2,800
Meisinger Construction Co. Yes Yes $190,000.00 $ 9,950 $ 2,350
J.S. Cates Construction, Inc Yes Yes $186,000.00 $25,000 $25,000
**(Did Not Include Unit Prices)
FC-1
FORM OF CONTRACT
THIS AGREEMENT, made and executed this day of 20__, by and between City of Eden Prairie hereinafter referred to as the "CITY", and ___________________ hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I. 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 inParagraph IV, as provided by the CITY for:
I.C. _______________________________________________________________
CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment inaccordance 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'Sproposal on file in the office of the City Engineer. The aggregate sum of such prices, basedon estimated required quantities is estimated to be $_________________.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bidsb. Instruction to Biddersc. Accepted Proposal
d. Contract Agreement
e. Contractor's Performance Bondf. Contractor's Payment Bond
(2)Special Conditions
(3)Detail Specifications
(4)General Conditions
FC-2
(5) Plans
(6) Addenda and Supplemental Agreements 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.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE, MN.
By Its City Mayor
And Its City Manager
CONTRACTOR In Presence Of:
By Title
And Title
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Robert Ellis/Public Works
ITEM DESCRIPTION: I.C. #16-5944
Resolution Approving Cooperative Agreement with Hennepin County for Cost Participation in the Construction of Town Center Station
ITEM NO.:
VIII.N.
Requested Action
Move to: Adopt a resolution approving Cooperative Agreement with Hennepin County for Cost Participation in the Construction of Town Center Station. Synopsis
This Cooperative Agreement outlines the cost sharing arrangement between the City and County for the Congestion Management and Air Quality (CMAQ) grant’s required local match for construction of the Town Center Station. The $6,141,560 CMAQ grant required a local match of $1,535,390. Through this Cooperative Agreement the City will contribute $343,941 and the County will contribute $1,191,449. Without this Cooperative Agreement the City would be required to contribute the full
local match of $1,535,390. Background Information In 2016, the overall SWLRT project cost estimate was higher than local funding partners were able to
commit. This resulted in a cost cutting exercise to de-scope items from the project so that overall costs could fit within budget. One of the items removed from the project was Town Center Station. In 2018, the City of Eden Prairie applied for and received a Congestion Management and Air Quality
(CMAQ) grant for the construction of the Town Center Station in the amount of $6,141,560 from the
Federal Transit Administration (FTA). After being awarded the CMAQ grant the City was in a position to add the station back into the overall SWLRT project thereby avoiding interruptions to service when the line was operational, and avoiding the added cost of constructing the station separately from the SWLRT project.
The CMAQ grant will cover up to $6,141,560 of construction costs. The grant has a local match requirement of $1,535,390. The City and County are proposing to share in these local matching costs through this Cooperative Agreement where the City contributes $343,941 and the County contributes $1,191,449. Without this Cooperative Agreement the City would be required to contribute the full
local match of $1,535,390.
Attachments Cooperative Agreement
Resolution
AGREEMENT NUMBER PW-16-49-20
COOPERATIVE AGREEMENT FOR COST PARTICIPATION
IN CONTRUCTION OF EDEN PRAIRIE TOWN STATION CENTER
THIS AGREEMENT (the “Agreement”) is made and entered into this __ day of ______, 2020, by and
between the County of Hennepin, a body corporate and politic under the laws of Minnesota (the
“County”), and the City of Eden Prairie, (the “City”).
WITNESSETH:
1. The City is party to Subrecipient Agreement 010488260 (the “Subrecipient Agreement”) with the
Metropolitan Council (the “Council”) whereby the Council allocated to the City $6,141,560 in
federal Congestion Mitigation Air Quality (“CMAQ”) grant funds.
2. As part of the Subrecipient Agreement, the City agreed to pay the Council $1,535,390 for the
required 20 percent local match (“Local Match”) for the CMAQ grant.
3. Per the Subrecipient Agreement, the Council and the City agreed to use the CMAQ funds and
the Local Match for construction of the Eden Prairie Town Center Station (the “EPTC Station”) to
be constructed by the Council as part of the METRO Green Line Light Rail Transit Extension
project.
4. As described in the Subrecipient Agreement, the EPTC Station will serve the area's most transit-
dependent population including senior citizens and low-income residents. Several assisted living
facilities are located near the EPTC Station. Furthermore, approximately 1,057 housing units are
located within a half-mile of the station of which 44% are occupied by low-income households
earning 60% below the area median income. The close proximity of the EPTC Station to
employment and commercial centers will serve as an important node along the METRO Green
Line Extension Project alignment. The EPTC Station is appropriately sited in a dense area
consisting of retail, restaurants, multi-family housing and office uses. The EPTC Station will be
located on Eden Road adjacent to the Emerson Process Management building which employs
over 1,000 people. Additionally, approximately 15,793 employees are located within Y, mile of
the EPTC Station. Ridership at the EPTC Station is anticipated at approximately 550 daily
weekday boardings.
5. The County finds that the public interest is advanced by assisting the City in funding the Local
Match, to the extent provided in this Agreement.
6. This Agreement is entered into pursuant to Minnesota Statutes Section 471.59 and other
applicable law.
7. The City has authorized this Agreement by Resolution No. 2020-38, and the County has
authorized this Agreement by Resolution No. 20-0086.
8. These recitals are incorporated into this Agreement.
AGREEMENT NUMBER PW-16-49-20
NOW, THEREFORE, the County and the City agree as follows:
1. After the City pays the Council for the entire Local Match as provided in the Subrecipient
Agreement, the City will send the County an invoice in the amount $1,191,449.00.
2. Within 45 days after receipt of the City’s invoice as provided in Section 1, the County will
reimburse the City in the amount of $1,191,449.00, as the County’s cost participation in the
Local Match.
3. Unless waived by the County in writing, the City agrees not to enter into any amendments
to the Subrecipient Agreement without the County’s advance written consent, which may
be provided by the County Administrator.
4. The City will assure that all provisions of the Subrecipient Agreement, including any
amendments thereto, are complied with.
5. The County will have no obligations to the City or the Council under the Subrecipient
Agreement.
6. The City agrees that the monetary reimbursement by the County to the City provided for
herein is the County’s total contribution with respect to the Subrecipient Agreement.
7. The City agrees to defend, indemnify and hold harmless the County, its officials, officers,
agents, volunteers, and employees from any liability, claims, causes of action, judgments,
damages, losses, costs or expenses, including reasonable attorney’s fees, resulting directly
or indirectly from any act or omission of the City or anyone acting on behalf of the City with
respect to the Subrecipient Agreement or the planning or construction of the EPTC Station,
and against all loss by reason of the failure of the City to perform fully, in any respect, all
obligations under this Agreement.
8. Upon request of the County, the City will provide the County with all reports as described in
Section V of the Subrecipient Agreement.
9. The Authorized contact persons for receipt of notices, consents, reports, invoices, and
approvals under this Agreement are the following:
For the County:
Hennepin County Director of Public Works
A-2300 Government Center
300 South Sixth Street
Minneapolis, Minnesota 55487
AGREEMENT NUMBER PW-16-49-20
For the City:
Robert Ellis,
Public Works Director
8080 Mitchell Road
Eden Prairie, Minnesota 55344
10. The terms of this Agreement may be changed only by mutual agreement of the parties. Such
changes shall be effective only upon the execution of written amendments signed by
authorized representatives of the County and the City the Council.
11. The City shall not assign, subgrant, sublet, or transfer any of its obligations under the
Subrecipient Agreement without receiving the advance written consent of the County.
12. Each party to this Agreement shall be responsible for its own acts and omissions, the acts
and omissions of its employees and the results thereof to the extent authorized by law. The
parties expressly agree that they do not contractually waive, and they specifically reserve,
any and all limitations on liability or other immunities or defenses available to them by
statute or common law.
13. 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 City
and the County, nor create third party beneficiary rights against the City or the County,
including, but not limited to, the parties' respective contractors or subcontractors.
14. It is agreed that any and all employees of the City and all other persons engaged by the City
in the performance of any work or services required or provided for herein to be performed
by the City shall not be considered employees of the County, and that any and all claims that
may or might arise under the Workers’ Compensation Act or the Minnesota Economic
Security Law on behalf of said employees while so engaged and any and all claims made by
any third parties as a consequence of any act or omission on the part of said employees
while so engaged on any of the work or services provided to be rendered herein shall in no
way be the obligation or responsibility of the County.
15. It is agreed that any and all employees of the County and all other persons engaged by the
County in the performance of any work or services required or provided for herein to be
performed by the County shall not be considered employees of the City, and that any and all
claims that may or might arise under the Workers’ Compensation Act or the Minnesota
Economic Security Law on behalf of said employees while so engaged and any and all claims
made by any third parties as a consequence of any act or omission on the part of said
employees while so engaged on any of the work or services provided to be rendered herein
shall in no way be the obligation or responsibility of the City.
AGREEMENT NUMBER PW-16-49-20
IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective duly authorized officers as of the day and year first written above.
AGREEMENT NUMBER PW-16-49-20
COUNTY OF HENNEPIN
Reviewed for COUNTY by
the County Attorney’s Office:
By: __
______________________________ Chair of Its County Board
Date: ________________________
ATTEST:
Deputy/Clerk of County Board
Date:
And:
Assistant/Deputy/County Administrator
Date:
CITY OF EDEN PRAIRIE
By: _
Its: _
And:
Its: _
CITY represents and warrants that the person who executed this contract is authorized to do so
pursuant to applicable law and that any other applicable requirements have been met.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-38 APPROVE COOPERATIVE AGREEMENT FOR COST PARTICIPATION IN THE CONSTRUCTION OF TOWN CENTER STATION. I.C. 16-5944 WHEREAS, The City of Eden Prairie and the Metropolitan Council have prepared construction plans for the construction of Town Center Station within the corporate boundaries of the City of Eden Prairie; and
WHEREAS, the City of Eden Prairie has secured a Congestion Management and Air Quality grant in the amount of $6,141,560 from the Federal Transit Administration to assist with construction funding of the Town Center Station; and
WHEREAS, the Congestion Management and Air Quality grant requires a local match of
$1,535,390; and WHEREAS, Cooperative Agreement No. PW 16-49-20 has been prepared by Hennepin County which obligates the City of Eden Prairie to provide a local match of $343,941 and Hennepin
County to provide a local match of $1,191,449 for the construction of Town Center Station.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that said Cooperative Agreement No. PW 16-49-20 for Town Center Station construction (City Project 16-5944) is hereby approved and the Mayor and City Manager are authorized to execute the
Agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on March 17, 2020.
Ronald A. Case, Mayor ATTEST: SEAL
________________________ Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Robert Ellis/Public Works
ITEM DESCRIPTION: I.C. #16-5944
Subrecipient Agreement Amendment for the Town Center Station Project
ITEM NO.:
VIII.O.
Requested Action
Move to: Approve Subrecipient Agreement Amendment for the Town Center Station project. Synopsis The Subrecipient Agreement outlines FTA grant program rules and requirements for local funding
participation in project costs. This amendment will reassign all Town Center Station project costs beyond the grant’s $6,141,560 participation and the grant’s $1,535,390 local match requirement to other agencies. Without this amendment those additional costs would remain a City responsibility. Background Information
In 2016, the overall SWLRT project cost estimate was higher than local funding partners were able to commit. This resulted in a cost cutting exercise to de-scope items from the project so that overall costs could fit within budget. One of the items removed from the project was Town Center Station.
In 2018, the City of Eden Prairie applied for and received a Congestion Management and Air Quality (CMAQ) grant for the construction of the Town Center Station in the amount of $6,141,560 from the Federal Transit Administration (FTA). After being awarded the CMAQ grant the City was in a position to add the station back into the overall SWLRT project thereby
avoiding interruptions to service when the line was operational, and avoiding the added cost of constructing the station separately from the SWLRT project. The CMAQ grant will cover up to $6,141,560 of construction costs. The grant has a local match
requirement of $1,535,390. The City and County are sharing in these local matching costs
through a separate agreement where the City contributes $343,941 and the County contributes $1,191,449. Through this amendment, any construction costs above and beyond these amounts will be reassigned to other agencies.
Attachments Subrecipient Agreement Amendment Original Subrecipient Agreement
Reference Numbers SWLRT Project: 61001 Metropolitan Council: 19I099 Eden Prairie:
Amendment 1 Page 1 Contract 19I099
AMENDMENT NUMBER ONE
to
Metropolitan Council Contract No. 19I099
SUBRECIPIENT AGREEMENT
Eden Prairie Town Center Station – METRO Green Line LRT Extension
Federal Congestion Mitigation Air Quality (CMAQ) Funding
The City of Eden Prairie (“Subrecipient”) and the Metropolitan Council (“Council”) agree that the Subrecipient Agreement, entered into on November 20, 2018, governing the receipt and expenditure of grant funds, the Subrecipient’s responsibility for the local match, and how grant funds and local match funds will be used for construction costs of
the Grant Project, is amended in the following particulars:
1. Recital 6 is deleted, and the following is inserted in its place: Subrecipient will assign to the Council all of its right, title and interests in and to the
grant funds for the completion of Grant Project Part A. The Council accepts the assignment and assumes all of the covenants, terms, conditions, agreements and obligations for the completion of Grant Project Part A provided that Subrecipient is required to pay the local match for Grant Project Part A.
2. Recital 8 is deleted, and the following is inserted in its place: The Subrecipient is responsible for completion of the Grant Project Part B and is required to pay the local match for Grant Project Part B which is included in the Approved Budget.
3. Section 2.01. Subrecipient Authorized Use of Grant and Matching Funds. is deleted, and the following is inserted in its place: The Subrecipient is only authorized to use the federal grant funds awarded under
this Agreement for the non-local share portion of Grant Project Part B during the Project Activity Period, as that term is defined in Section 6.01 herein, and in accordance with the Approved Budget. The Subrecipient is required to pay the entire local match amount for both Grant Project Part A and Grant Project Part B.
The Council will invoice the Subrecipient for the local match of Grant Project Part
A and the Subrecipient will pay the invoiced amounts in accordance with Section 3.041.
4. Section 2.02. Council Use of Grant Funds and Matching Funds. is deleted, and
the following is inserted in its place:
Amendment 1 Page 2 Contract 19I099
The Council’s contractor(s) for its METRO Green Line Extension Project will construct the Grant Project Part A. The Council’s contract(s) will be FTA-compliant. The EPTC Station will be owned, operated, and maintained by the Council as part of its METRO Green Line Extension Project. Subrecipient assigns to the Council all of its right, title and interests in and to the grant funds for the
completion of the Grant Project Part A. The Council accepts the assignment and assumes all of the covenants, terms, conditions, agreements and obligations for the completion of Grant Project Part A provided that Subrecipient is required to pay the local match for Grant Project Part A. The Council is authorized to withdraw the grant funds as needed for expenses paid on the contractor’s invoices related
to the Grant Project Part A construction. The Council will invoice the Subrecipient for the local match of the invoiced amounts and the Subrecipient will pay the invoiced amounts in accordance with Section 3.041.
5. Section 3.01. Estimated Grant Project Amount. is amended to read as follows: The total estimated cost of the Grant Project is $7,676,950 consisting of the Maximum Federal Grant Amount and the Subrecipient’s required local match as set forth below. The parties agree and acknowledge that actual costs of the Grant
Project are expected to exceed the Estimated Grant Project Amount.
6. Section 3.02. Maximum Federal Grant Amount. is deleted, and the following is inserted in its place:
The Council awards to the Subrecipient a grant of up to $6,141,560.00 for the Grant Project. In no event will the Federal share of the Grant Project exceed 80% of the final project Amount.
7. Section 3.03. Subrecipient Match. is amended to read as follows:
The Subrecipient must provide a 20% local match against the Maximum Federal Grant Amount, i.e., not more than $1,535,390, from sources other than federal funds. If the final cost of the Grant Project is less than the Estimated Grant Project Amount, the local match shall be reduced to 20% of the final cost of the Project.
[signature page follows]
Reference Numbers SWLRT Project: 61001 Metropolitan Council: 19I099 Eden Prairie:
Amendment 1 Page 1 Contract 19I099
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. This Amendment is effective upon final execution by both parties.
Metropolitan Council City of Eden Prairie
By: By: Meredith Vadis Ronald A. Case Regional Administrator Mayor
Date: Date: By: Rick Getschow
City Manager Date:
Sub recipient Agreement
Between the Metropolitan Council and the City of Eden Prairie
Eden Prairie Town Center Station-METRO Green Line Light Rail Transit Extension
Federal Congestion Mitigation Air Quality (CMAQ) Funding
Subrecipient Name: City of Eden Prairie SG-year-2018
Subrecipient DUNS: 010488260 Subrecipient Award
$7,676,950.00
Grant Project: Eden Prairie Town Center Station Project-METRO Green Line LRT Extension
(the "Grant Project") has two components:
Grant Project Part A: Construction of a light rail transit station and station access ("EPTC
Station"), includes a platform with seating and weather protection for transit riders, lighting
and security cameras, and transit systems equipment for communications, signals, controls
and fare collection. Grant Project Part A also includes constructing an approximately 800'
extension of Eden Road for access to the station. The roadway extension includes: utilities,
sidewalks, landscape, lighting, wayfinding and bike facilities and new pedestrian access to the
Eden Road extension/EPTC Station. Retaining walls are also included as they are needed to
accommodate the Eden Road extension and pedestrian access. The budget for Grant Project
Part A is $7,276,950. The Council shall construct and perform the EPTC Station and station
access ("Grant Project Part A") as part of the Southwest Light Rail Transit METRO Green Line
Extension Project ("METRO Green Line Extension Project").
Grant Project Part B: The acquisition of right-of-way needed for pedestrian access to the
EPTC Station and for the extension of Eden Road ("Grant Project Part B"). The budget for
Grant Project Part B is $400,000 ("Approved Budget"). Subcecipient will perform the Grant
Project Part B.
Grant Project is a research project. No
Grant Project costs include indirect costs. No
Indirect Cost Rate over De minimis rate of 10% n/a
Subrecipient Agreement Effective Date: October 16, 2018
Grant Project Activity Period: October 16, 2018-December 31, 2023
1
pedestrian access to the EPTC Station and for the extension of Eden Road (Grant Project
Part B).
3. The Council received federal Congestion Mitigation Air Quality grant funds on behalf of
the Subrecipient's request from the FTA pursuant to the federal award number (identified
on Page 1 of this Agreement) in an amount of $6,141,560.00.
4. The Council will allocate the $6,141,560.00 grant funds to the Subrecipient for the Grant
Project.
5. The Subrecipient will provide $1,535,390.00 as the required local match for the
$6,141.560.00 in grant funds as authorized in Council Business Item No. 2018-93. The
Grant Project funds total $7,676,950.00 and comprise the Subrecipient's $1,535,390.00
local match and the $6,141,560.00 in grant funds.
6. Subrecipient will assign to the Council all of its right, title and interests in and to the
grant funds for the completion of Grant Project Part A. The Council accepts the
assignment and assumes all of the covenants, terms, conditions, agreements and
obligations for the completion of Grant Project Part A provided that Subrecipient is
required to pay the local share for Grant Project Part A and pay for any cost overruns.
7. The Council's construction contractor(s) for its METRO Green Line Extension Project, will
construct the Grant Project Part A and Subrecipeint agrees to allow the Council to
withdraw the grant funds as needed for payment of the Council's contractor invoices
related to the construction of the Grant Project Part A.
8. The Subrecipient is responsible for completion of the Grant Project Part B, which is
included in the Approved Budget.
9. This Agreement is intended to memorialize the terms governing: (a) the Subrecipient's
receipt and expenditure of the grant funds; (b) the amount and responsibility of the local
match; and (c) how grant funds and local match funds will be used to reimburse the
Council for the Grant Project Part A construction costs.
NOW THEREFORE, the Council and the Subrecipient agree as follows:
I. GRANT PROJECT PART B; APPROVED BUDGET, AND MATERIAL REPRESENTATIONS
1.01 Grant Project Part B. The Subrecipient shall perform the Work Scope for Grant
Project Part Bin a satisfactory and proper manner in accordance with the proposed schedule and
the terms and conditions ofthis Agreement. All Grant Project Part B activities must be consistent
with the approved Work Scope and the Approved Budget and outlined in Section 1.02 below.
Any proposed change in the Grant Project Part B must be submitted to the Council's Project
Manager for written approval. A change in the Grant Project Part B is not effective until the
Subrecipient receives written approval from the Council's Project Manager.
3
1.02 Approved Budget. The Approved Budget details the cost associated with the
Work Scope activity. Re-budgeting of Grant Project Part B funds requires prior written approval
of the Council's Project Manager. Notwithstanding the aggregate or net effect of any re-
budgeting, the Council's obligation to provide grant funds under this Agreement shall not exceed
the Maximum Federal Grant Amount, as that term is defined in Section 3.02 herein.
1.03 Material Representations. The Subrecipient agrees that all representations
contained in its application for grant assistance are material representations of fact upon which
the Council relied in awarding this grant and are incorporated by reference into this Agreement.
II. AUTHORIZED USE OF GRANT AND LOCAL MATCHING FUNDS; ELIGIBILITY OF COSTS
2.01 SUBRECIPIENT AUTHORIZED USE OF GRANT AND MATCHING FUNDS.
The Subrecipient is only authorized to use the federal grant funds awarded under this Agreement
for the non-local share portion of Grant Project Part B during the Project Activity Period, as that
term is defined in Section 6.01 herein, and in accordance with the Approved Budget. The
Subrecipient is required to pay the entire local share amount for both Grant Project Part A and
Grant Project Part B. The Council will invoice the Subrecipient for the local match share of Grant
Project Part A and the Subrecipient will pay the invoiced amounts in accordance with Section
3.041.
2.02 COUNCIL USE OF GRANT FUNDS AND MATCHING FUNDS
The Council's contractor(s) for its METRO Green Line Extension Project will construct the Grant
Project Part A. The Council's contract(s) will be FTA-compliant. The EPTC Station will be owned,
operated, and maintained by the Council as part of its METRO Green Line Extension Project.
Subrecipient assigns to the Council all of its right, title and interests in and to the grant funds for
the completion of the Grant Project Part A. The Council accepts the assignment and assumes all
of the covenants, terms, conditions, agreements and obligations for the completion of Grant
Project Part A provided that Subrecipient is required to pay the local share for Grant Project Part
A and pay for any cost overruns. The Council is authorized to withdraw the grant funds as needed
for expenses paid on the contractor's invoices related to the Grant Project Part A construction.
The Council will invoice the Subrecipient for the local match share of the invoiced amounts and
the Subrecipient will pay the invoiced amounts in accordance with Section 3.041.
2.03 Eligibility of Costs. All expenses are subject to FTA regulations including:
• FTA Master Agreement {Fiscal Year 2018), FTA MA(24} (Oct. 1, 2017}
( https://www. tra nsit.dot.gov /sites/fta .dot.gov /files/docs/funding/grantee-
resources/sample-fta-agreements/114766/fta-master-agreement-fy2018.pdf)
4
• Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. Parts 200 and 1201 (Jan. 1, 2018) (https://www.gpo.gov)
• Award Management Requirements, FTA Circular 5010.1E (Rev. 2, July 16, 2018)
( https:/ /www. tra nsit.dot.gov /regulations-a nd-gu ida nce/fta-circu Ia rs/awa rd-
management-requirements-circular-50101e)
• Third Party Contracting Guidance, FTA Circular 4220.1F (Rev. 4, Mar. 18, 2013}
(https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/Third%20Party%20Contrac
ting%20Guidance%20%28Circular%204220.1F%29.pdf)
The Subrecipient acknowledges that the federal requirements in this article and
throughout this Agreement are subject to change and agrees that the most recent of these
requirements shall govern this Agreement at any particular time.
Ill. AWARD AMOUNT, MATCH, AND PAYMENT
3.01 Estimated Grant Project Amount. The total estimated cost of the Grant Project is
$7,676,950 consisting of the Maximum Federal Grant Amount and the Subrecipient's required
local match as set forth below.
3.02 Maximum Federal Grant Amount. The Council awards to the Subrecipient a
grant of up to $6,141,560.00 for the Grant Project. In no event will the Council's obligation under
this Agreement exceed the lesser of the following: (a) the Maximum Federal Grant Amount; or
(b) 80% of the final Grant Project cost if the final cost of the Grant Project is less than the
Estimated Grant Project Amount.
3.03 Subrecipient Match. The Subrecipient must provide at least a 20% local match
against the Maximum Federal Grant Amount, i.e., not less than $1,535,390, from sources other
than federal funds. If the final cost of the Grant Project is less than the Estimated Grant Project
Amount, the local match shall be reduced to 20% of the final cost of the Project. If the final cost
of the Grant Project exceeds the Estimated Grant Project Amount, the Subrecipient is responsible
for providing funds to cover 100% of the amount by which the final costs and expenses of the
Grant Project exceed the Estimated Grant Project Amount.
3.04 Reimbursement to Subrecipient. The Council will reimburse the Subrecipient for
the Subrecipient's non-local match share of the Grant Project Part B based on submission of
quarterly invoices from the Subrecipient using the form attached as Exhibit A {"Subrecipient
Invoice Form"). Invoices should be submitted on the approved form with the following
attachments on each copy:
A. Copies of all receipts for expenses paid during the invoice period; and
B. A monthly DBE report for each third-party contract (for which DBE reporting is
required) using a reporting form provided by the Council.
5
C. A signed certification that the Subrecipient is providing the local match for the
invoiced expenditures, identifying the source and amount of the local funds.
The Subrecipient shall submit any additional information requested by the Council to
support the Subrecipient's reimbursement request and shall submit any additional information
that may be required by the federal government for reporting to the FTA.
Within 30 days after the Council's receipt of an approved Subrecipient reimbursement
request, the Council will disburse the approved reimbursement amount to the Subrecipient. The
Council may deny part or all of any reimbursement request if it believes an expenditure is not an
eligible or supportable Grant Project expense. If the Council denies part or all of a reimbursement
request the Subrecipient may supplement its reimbursement request. If the Subrecipient's
supplementation addresses the Council's reasons for denying all or part of a request the Council
will pay the Subrecipient the eligible expense(s) within 30 days. No reimbursement will be made
which would cause the disbursement of grant funds to exceed, through such payment(s), the
Maximum Federal Grant Amount stated in Section 3.02. The Council may withhold payment(s) if
the Subrecipient is not current in its reporting requirements under Article V. Disbursement of
any funds or approval of any report shall not constitute a waiver by the Council of any
Subrecipient noncompliance with this Agreement.
3.041 Withdrawal of Grant Funds by Council; Reimbursement to Council. The
Subrecipient and the Council agree that rather than disbursing grant funds to the Subrecipient
which the Subrecipient would disburse back to the Council for Grant Project Part A construction
costs, the Council will directly withdraw grant funds to reimburse the Council's METRO Green
Line Extension Project contractors for the Grant Project Part A construction costs. The Council
will:
A. Be responsible for monitoring and reporting its contractor's compliance with
applicable DBE, Davis-Bacon, prompt payment, and other federal contracting
requirements.
B. Withdraw grant funds on an as-needed basis to cover the 80% federal share of the
Grant Project Part A construction costs.
C. Invoice the Subrecipient on a monthly basis for the 20% local share of the Grant
Project Part A construction costs, which will include a 3% administrative fee. The
Subrecipient will pay the Council the invoiced amount within 30 days after receipt of
a Council invoice so the Council make timely payment to its contractor pursuant to
the terms of the construction contract.
D. Provide the Subrecipient with quarterly reports on the Council's withdrawal of grant
funds and Council reimbursement payments to its contractor.
6
If requested by the Subrecipient, the Council will make the contractor's invoices and
payment requests, and federal reporting documents available to the Subrecipient for inspection
and copying.
3.05 Repayment of Unauthorized Use of Grant Funds. Upon a finding by the Council
that the Subrecipient has made an unauthorized or undocumented use of grant funds, and upon
a demand for repayment by the Council, the Sub recipient agrees to promptly repay such amounts
to the Council.
3.06 Reversion of Unexpected Grant Funds. All funds granted by the Council under
this Agreement that have not been expended by the Subrecipient for the Grant Project Part B
activities taking place during the Project Activity Period, as that term is defined in Section 6.01,
shall revert back to the Council. All local match funds disbursed to the Council under this
Agreement that have not been expended by the Council for the Grant Project Part A construction
during the Project Activity Period shall revert back to the Sub recipient.
3.07 Grant Contingent on Federal Funding. The Subrecipient acknowledges and agrees
that the Council's payment of funds under this Agreement is contingent on the Council receiving
grant funds from the FTA. If, for any reason, the FTA reduces the amount of the Council's FTA
grant, or otherwise fails to pay any part of the cost or expense of the Project in this Agreement,
only outstanding incurred costs shall be eligible for reimbursement. The Subrecipient and its
contractors and subcontractors further agree to pay any and all lawful claims arising out of or
incidental to the performance of the Grant Project covered by this Agreement if the FTA does not
pay the same and, in all events, agree to hold the Council harmless from those claims and from
any claims arising out of this Agreement. If the FTA rescinds grant funding for the Grant Project,
the Council or Subrecipient may immediately terminate this Agreement by written notice to the
other party pursuant to Section 6.03.
IV. ACCOUNTING AND RECORDKEEPING REQUIREMENTS
4.01 Documentation of Project Costs. All costs charged to the Grant Project, whether
paid with grant funds or charged as the Subrecipient's match, must be supported by proper
documentation evidencing in detail the nature and propriety of the charges, including properly
executed payrolls, progress reporting or time records, invoices, contracts, receipts for expenses
or vouchers.
4.02 Establishment and Maintenance of Project Information. The Subrecipient and
the Council will establish and maintain accurate, detailed, and complete separate books,
accounts, financial records, documentation, and other evidence relating to: (a) their respective
performance under this Agreement, and (b) to the receipt and expenditure of all grant funds and
the Subrecipient's match under this Agreement. These documents shall include the property
records required by Article VIII of this Agreement. The Subrecipient and the Council shall establish
and maintain all such information in accordance with generally accepted accounting principles
and practices and shall retain intact all Project information until the latest of:
7
5.04 Monthly DBE Reporting Requirements. If DBE requirements apply to the
Subrecipient's component of the Grant Project the Subrecipient shall provide the Council with
monthly reports on all DBE activity (see Section 10.05E) on third party agreements using forms
provided by the Council and based on the procurement process established for the subrecipient
in the "Federal Procurement Basics" copies of which are available from the Council.
5.05 Other Monitoring Activities. To assist the Council in monitoring compliance with
this Agreement, the Subrecipient agrees to meet with the Council as reasonably requeste_d by
the Council and to permit site visits by Council staff, during business hours, upon reasonable
notice. The Subrecipient agrees to submit to the Council a copy of any promotional information
regarding the Grant Project disseminated by the Subrecipient during the terms of this
Agreement.
5.06 Changed Conditions. The Subrecipient and the Council will notify the other party
immediately of any development that has or will have a significant impact on performance of
their respective components of the Grant Project, including, but not limited to any problems,
delays, or adverse conditions that materially impair the ability to meet the objectives of the Grant
Project in accordance with the terms of this Agreement. The notice shall include a statement of
the action taken or contemplated and any assistance needed to resolve the situation.
VI. PROJECT ACITIVITY PERIOD; TERM; TERMINATION
6.01 Project Activity Period. The Subrecipient agrees to complete Grant Project Part B
during the period from October 16, 2018 to December 31, 2023 ("Project Activity Period").
Except as provided in Section 6.02, grant funds may not be used to reimburse costs for any Grant
Project activities taking place before the beginning or after the end of the Project Activity Period.
6.02 Term. The Term of this Agreement shall extend from the Effective Date of this
Agreement to a date sixty {60) calendar days following the end of the Project Activity Period to
permit close out of this Agreement. If outstanding claims related to work occurring during the
Project Activity Period still exist sixty {60) calendar days following the end of the Project Activity
Period, the Term of this Agreement shall automatically extend for an additional ninety {90)
calendar days to resolve any and all outstanding claims.
6.03 Termination by Council for Convenience. The Council may terminate this
Agreement at any time and for any reason by providing the Subrecipient written notice of such
termination at least sixty (60) calendar days prior to the effective date of such termination. Upon
such termination the Subrecipient shall be entitled to compensation for eligible Grant Project
Part B costs which were incurred prior to the effective date of the termination, but not exceeding
the Maximum Federal Grant Amount stated in Section 3.02.
6.04 Termination for Noncompliance. If there has been a material failure to comply
with the provisions of this Agreement by either party (a "Breach"), the other party may terminate
this Agreement at anytime following seven (7) calendar days written notice to the party in Breach
and upon failure of the party in Breach to cure the noncompliance within the seven-day period.
9
A material failure of the Subrecipient to make reasonable progress toward completion of the
Subrecipient's Grant Project Part B without good cause and without providing the notice required
by Section 5.06 constitutes a Breach. At the Council's option, the Council may withhold payment
of invoices during any period in which the Subrecipient is materially non-compliant with this
Agreement. If the Council finds that the Subrecipient's non-compliance is willful and
unreasonable, the Council may terminate or rescind this Agreement and require the Subrecipient
to repay the grant funds in full or in a portion determined by the Council except that the
Subrecipient shall not be re~uired to repay grant funds that the Council has reviewed approved
and disbursed except as provided for in Sections 3.05 and 3.06. Nothing in this Agreement shall
be construed to limit the Council's or the Subrecipient's legal remedies to recover grant or
matching funds in accordance with Sections 3.05 and 3.06.
6.05 Effect of Grant Project Closeout or Termination The Subrecipient agrees that
Grant Project closeout or termination of this Agreement does not invalidate continuing
obligations imposed on the Subrecipient by this Agreement. Grant Project closeout or
termination of this Agreement does not alter the Council's authority to disallow costs and recover
grant funds on the basis of a later audit or other review and does not alter the Subrecipient's
obligation to return any funds due to the Council as a result of later refunds, correction, or other
transactions.
VII. CONTACT PERSONS; PROJECT MANAGER
7.01 Contact Persons. The Authorized contact persons for receipt of notices, reports,
invoices, and approvals under this Agreement are the following:
The Council:
Sarah Ghandour
SWLRT Assistant Manager of Design
6465 Wayzata Boulevard Suite 500
St. Louis Park, Minnesota 55426
(612) 373-3852
The Subrecipient:
Robert Ellis
Public Works Director
8080 Mitchell Road
Eden Prairie, Minnesota 55344
{952) 949-8310
Robert.EIIis@edenprairie.org
or such other person(s) as may be designated in writing for itself by either party.
7.02 Council's Project Manager. The Council's Project Manager for purposes of
administration of this Agreement is the contact person listed for the Council in Section 7.01, or
such other person(s) as may be designated in writing by the Council's Regional Administrator.
However, nothing in this Agreement may be deemed to authorize the Project Manager to
execute amendments to this Agreement on behalf of the Council.
10
7.03 Subrecipient's Project Manager. The Subrecipient's Project Manager for purposes
of administration of this Agreement is the contact person listed in Section 7.01, or such other
person(s) as may be designated in writing by the Subrecipient. Nothing, however, in this
Agreement will be deemed to authorize the Subrecipient's Project Manager to execute
amendments to this Agreement on behalf of the Sub recipient.
VIII. GRANT PROPERTY
The title, acquisition, use, management, and disposition of all property acquired or
constructed with grant funds under this Agreement shall be governed by applicable federal law,
rule, and guidance including, without limitation, the provisions of:
• Uniform Administrative Requirements~ Cost Principles~ and Audit Requirements for
Federal Awards, 2 C.F.R. Parts 200 and 1201 (Jan. 1, 2018) (https://www.gpo.gov)
• Award Management Requirements, FTA Circular 5010.1E (Rev. 2, July 16, 2018)
( https:/ /www. tra nsit.dot.gov /regulations-a nd-gu ida nce/fta-ci rcu Ia rs/awa rd-
management-requirements-circular-50101e)
The listed documents are incorporated by reference into this Agreement. Copies of these
documents are available at the internet websites indicated or, upon request by the Subrecipient,
from the Council.
IX. GENERAL CONDITIONS
9.01 Amendments. The terms of this Agreement may be changed only by mutual
agreement of the parties. Such changes shall be effective only upon the execution of written
amendments signed by authorized representatives of the Subrecipient and the Council.
9.02 Assignment Prohibited. The Subrecipient shall not assign, subgrant, sublet, or
transfer any Grant Project Part B activities without receiving the express written consent of the
Council. The Council may condition such consent on compliance by the Subrecipient with terms
and conditions specified by the Council.
9.03 Liability. Each party shall be responsible for its own acts and omissions, the acts
and omissions of its employees and the results thereof to the extent authorized by law. The
parties expressly agree that they do not contractually waive, and they specifically reserve, any
and all limitations on liability or other immunities or defenses available to them by statute or
common law.
9.04 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 Subrecipient and the Council, nor create third party beneficiary rights
against the Council or the Subrecipient, including, but not limited to, the parties' respective
contractors or subcontractors.
11
9.05 Additional Insurance. The Council will require its contractors to name the
Subrecipient as an additional insured on the contractors' insurance policies. The Subrecipient
will require its contractors to name the Council as an additional insured on the contractors'
insurance policies. With regard to the Council's and the Subrecipient's contractors, neither the
Council nor the Subrecipient waives any immunities or liability limitations conferred on it by any
applicable state or federal law, including the immunities and liability limitations conferred on the
Council and the Sub recipient by the Municipal Tort Claims Act (Minnesota Statutes Chapter 466}
and other laws.
9.06 Grant Project Data. The results of the Grant Project, the reports submitted, and
any new information or technology that is developed with the assistance of the federal grant is
in the public domain and may not be copyrighted or patented by the Subrecipient or the Council.
The Subrecipient and the Council shall comply with the Minnesota Government Data Practices
Act, Minnesota Statutes, Chapter 13, in administering government data under this Agreement.
9.07 Nondiscrimination. The Subrecipient agrees to comply with all applicable laws
relating to nondiscrimination and affirmative action. In particular, the Subrecipient agrees not to
discriminate against any employee, applicant for employment, or participant in this Grant Project
because of race, color, creed, religion, national origin, sex, marital status, status with regard to
public assistance, membership or activity in a local civil rights commission, disability, sexual
orientation, or age; and further agrees to take action to ensure that applicants and employees
are treated equally with respect to all aspects of employment, including selection for training,
rates of pay, and other forms of compensation. In undertaking Project activities, the Subrecipient
agrees to comply with Minnesota Statutes, section 363A.12, regarding non-discrimination in the
provision of public services.
9.08 Acknowledgment. The Subrecipient shall appropriately acknowledge the grant
assistance made available by the Council and the FTA under this Agreement in any promotional
materials, reports and publications relating to the Grant Project.
9.09 Compliance with Law; Obtaining Permits, Licenses, and Authorizations. The
Subrecipient agrees to perform Grant Project Part Bin compliance with all applicable provisions
of federal, state, and local laws, ordinances, or regulations. The Subrecipient is responsible for
obtaining and complying with all federal, state, or local permits, licenses, and authorizations
necessary for performing Grant Project Part B.
9.10 Workers Compensation; Tax Withholding. The Subrecipient represents that it is
in compliance with the workers compensation coverage requirements of Minnesota Statutes,
section 176.181, subdivision 2, and that it, and any of its contractors or material suppliers, if any,
under this Agreement, are in compliance with the tax withholding on wages requirements of
Minnesota Statutes, section 290.92.
12
9.11 Jurisdiction, Venue, and Applicable Law. Venue for all legal proceedings arising
out of this Agreement, or breach of this Agreement, shall be in the state or federal court with
competent jurisdiction in Hennepin County, Minnesota. All matters relating to the performance
of this Agreement shall be controlled by and determined in accordance with the laws of the State
of Minnesota.
X. GENERAL FEDERAL REQUIREMENTS
10.01 Federal Requirements. The requirements in this Article X are in addition to and,
unless inconsistent and irreconcilable, do not supplant requirements found elsewhere in this
Agreement. If any requirement in this article is inconsistent with a provision found elsewhere in
this Agreement and is irreconcilable with such provision, the requirement in this article shall
prevail. When performing work or expending funds for Grant Project Part B activities, the
Subrecipient agrees to comply with all applicable terms and conditions referenced herein. The
Subrecipient acknowledges that federal requirements in this Article X are subject to change
and agrees that the most recent of these requirements shall govern this Agreement at any
particular time.
10.02 Incorporations of Specific Federal Requirements. Specifically, and without
limitation, the Subrecipient agrees to comply with the federal requirements set forth in ("Specific
Federal Requirements") and agrees to require, unless specifically exempted, sub-recipients {if
authorized) and third-party contractors at every tier to comply with the same. The Council agrees
to advise the Subrecipient of any relevant changes to these requirements. These requirements
include, but are not limited to, the following:
Debarment and Suspension. The Subrecipient agrees to comply, and assures the
compliance of each subrecipient, lessee, or third-party contractor at any tier, with
Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101
note, and U.S. DOT regulations, "Government wide Debarment and Suspension
{Nonprocurement}," 49 C.F.R. Part 29. The Subrecipient agrees to, and assures that its
subrecipients, lessees, and third-party contractors will review the "Excluded Parties
Listing System" at http:/ /epls.gov/ before entering into any third subagreement, lease or
third-party contract.
Integrity Certification. By signing this Agreement, the Subrecipient certifies that neither
it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this Agreement by any Federal
department or agency. This certification is a material representation of fact upon which
the Council relies in entering into this Agreement. If it is later determined that the
Subrecipient knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and/or
debarment. The Subrecipient shall provide to the Council immediate written notice if at
any time the Subrecipient learns that its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances.
13
Certification of Restrictions on Lobbying; Disclosure. The provisions of this paragraph
apply only if the amount of this Agreement (including the value of any amendments
thereto) is equal to or exceeds $100,000.
The Subrecipient certifies that no federal appropriated funds have be~n paid or will be
paid by or on behalf of the Subrecipient for influencing or attempting to influence an
officer or employee of any federal agency, a member of Congress, an officer or employee
of Congress, or an employee of a member of Congress in connection with the awarding
of any federal contract, the making of any federal grant, the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
agreement. The certification of this compliance ("Lobbying Restriction Certification")
submitted by the Subrecipient in connection with this project is incorporated in, and
made a part of, this Agreement.
The Subrecipient further certifies that, if any funds other than federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee or any federal agency, a member of Congress, an officer or employee
of Congress, or an employee of a member of Congress in connection with the projects
funded by the funds allocated to the Subrecipient in this Agreement, the Subrecipient
shall complete and submit to the Council, Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
The Subrecipient certifies that it will require the language of this certification be included
in the award documents for any subcontracts equal to or in excess of $100,000.00 under
this Agreement, and that all subcontractors shall certify and disclose accordingly to the
Subrecipient. All certifications and disclosures shall be forwarded to the Council by the
Su brecipient.
The certifications referred to in this paragraph (including the "Lobbying Restriction
Certification" submitted by the Subrecipient in connection with this Project and
incorporated in, and made a part of, this Agreement) are material representations of fact
upon which the Council relies when this Agreement is made
14
10.03 Federal Certifications and Assurances: Execution and Incorporation. The
Subrecipient agrees to comply with and to certify compliance annually with the most current
version of the Federal Annual List of Certifications and Assurances for Federal Transit
Administration Grants and Cooperative Agreements ("C & A"). The Subrecipient must certify
compliance with all applicable provisions by signing the C & A and returning the same to the
Council as part of the execution of this Agreement. Also, the Subrecipient must, during the term
of this Agreement or the term of any other agreement or subgrant where the Subrecipient has
received funds from the FTA, and for the useful life of all assets that have been purchased using
federal grant funds: (i) annually execute the most current C & A and return the same to the
Council by April 1; and (ii) annually participate in federal compliance training hosted by the
Council.
10.04 Compliance with Federal Requirements; Incorporation of Specific Documents by
Reference. The Subrecipient agrees to comply with all federal statutes, rules, FTA Circulars,
Executive Orders, guidance, and other requirements that may be applicable to this grant. In
particular, and without limitation, the Subrecipient agrees to comply with the terms and
conditions of the:
• FTA Master Agreement {Fiscal Year 2018}, FTA MA{24} {Oct. 1, 2017}
( https://www. tra nsit.dot.gov /sites/fta.dot.gov /files/docs/funding/grantee-
resources/sample-fta-agreements/114766/fta-master-agreement-fy2018.pdf)
• Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. Parts 200 and 1201 (Jan. 1, 2018) (https://www.gpo.gov)
• Award Management Requirements, FTA Circular 5010.1E (Rev. 2, July 16, 2018)
( https://www. tra nsit.dot.gov /regulations-a nd-gu ida nce/fta-ci rcu Ia rs/awa rd-
management-requirements-circular-50101e)
• Third Party Contracting Guidance, FTA Circular 4220.1F (Rev. Mar. 18, 2013}
(https ://www. tra nsit.dot.gov /sites/fta .dot.gov /files/ docs/Th i rd%20Pa rty%20Co ntrac
ting%20Guidance%20%28Circular%204220.1F%29.pdf)
10.05 Compliance with Federal Procurement Requirements. The Subrecipient will
comply with all applicable federal law, rules, and guidance relating to such procurement
including, without limitation, the provisions of Third Party Contracting Requirements, FTA
Circular 4220.1F, which document is incorporated by reference into this Agreement. A copy of
this document is available at the FTA internet website, www.fta.gov/indicated or, upon request
by the Subrecipient, from the Council. The "Federal Procurement Basics" provides the
Subrecipient process for procurements under this Agreement.
A. Certification of Subrecipient's Procurement System. The Subrecipient certified that
its procurement system complies with the standards described in the previous
paragraph.
15
Remit to:
Address:
Federal Grant No.:
Grant period:
Exhibit A: Subrecipient Invoice
Invoice#
Note: Revised 11/23/2015
Supercedes all previous versions
-------------------
Invoice Date: -------------------
Dates covered by invoice:-------------------
Is this the FINAL invoice? Yes No
Met Council Contract No.:
PO#:
Attach itemized detail and copies of receipts for all non-recurring expenditures
Approved Income Income recognized Income Unrecognized Income Sources recognized year budget this period to date income
INCOME •'
$
$
$
Total Income $ -$ -$ -$
Approved Budget Expense Approved Budget Expenses incurred Year to Date Balance
Category* Amount this period Actual Remaining
EXPENSE
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Total Expenditures $ -$ -$ -$ -
Local Match (20%) $ -$ -$ -$. -
Amount of Reimbursement (Federal) $ -$ -$ -$ -
Amount of Reimbursement : ---------(total expense less match provided by Subrecipient)
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Certification: I certify the expenditures reflected in this invoice are true and correct and have bee n made for the purpose of and in
accordance with applicable term s and conditions of the award. I have examined the expenditures reflected on this bill and
determ ined that each reflects a reasonable price based on market prices offered by the vendors to the general public. Appropriate
documentation to support these auth orized expenditures is on file and available for review. These expenditures are not
reimbursable from other sources and have not been previously claimed.
I further cert1fy the sufficient use of local funds as match for the total expenditures requested. Appropriate documentation to
support the use of local funds as match is available for review as required under the terms and conditions of this grant award.
Financial Report to be P.rovided Quarterly)
Project Manager Signature: ------------------------------------------Date: ______________ _
Authorized Signature: Date: ______________ _
*Copies of invoices for all non-recurring expenses should be included as attachments to this invoice.
Invoices are submitted in triplicate. Please sign all three.
10/10/2018, Copy of Exhibit A_Subrecipient Invoice Fonn.xls, Invoice
Exhibit B
21 METROPOLITAN CO UNCI L
Subrecipient Contract Initiation Memo
Section 1 -Project Information -to be completed by the Project Manager
Project Manager: Phone: ( ) -Date:
Project Title: Project#:
Proposed Services: Estimated Cost:
Fiscal Year Amount --Fiscal Year Amount --Fiscal Year Amount --
Pe riod of Performance: I From I To:
Subcontracting: Indicate whether or not there as a reasonable opportunity Yes No
for subcontracting of this procurement. 0 0
Project Manager-I have accurately completed the information in Sections 1, 2, and 3 ofthis CIM. Ifthis will be a
federally funded purchase, I have completed, dated, and filed an Independent Cost Estimate.
Signature Date:
Management Approval -I have reviewed the information in Sections 1, 2, and 3 and approve the initiation of this
contract.
Signature Date:
Title
(To be signed by the Supervisor of the designated Project Manager)
Section 2-Funding -to be completed by the Project Manager with the ass istance of Budget/Finance
Check one box only:
D This co ntract wi ll be FTA-assisted (complete the Grant Approval section, below).
D This co ntract will be US DOT -assisted by an agency other than FT A (i .e. FAA or FHW A).
D This contract wi ll be Minnesota PFA-el igible.
D This contract wi ll be funded in whole or in part (even $1) by Minnesota State Dollars thro ugh any source.
D Thi s contract wi ll NOT be assisted with grant funds from any source and wi ll be funded by local doll ars (user fees
or county doll ars).
D This contract has special funding. Please describe:
Project Budget Account Fund Org Progra m Subclass Project
Is this contract part of a larger project that will receive either PFA or FTA funds? (PFA or Yes No
FTA rules wi ll app ly.) D D
Metro Transit Use Only -Available project funding
$ (Federal); $ {Local Match); $ (State Match); $ (Other: D RTC non-match D State non-match); $ (Other-specify: ) By: Date:
Grant Approval -Capital Funding Approval -
to be completed for all FTA-assisted contracts to be comp leted for all MCES capital projects
Grant Number:
Grants Manager Signatu re Date Signature Date
Funding Approval -I have reviewed the information in Section 2 and certify that it is accurate.
Signature Date
Title (To be signed by the CFO, Controller, MCES Finance Director, or Director of
Finance, Metro Transit)
10/10/18
Exhibit B
Section 3 -Solicitation and Selection Process -to be completed by the Project Manager
1. Type(s) of contractor and subcontractors involved in this contract: (Please list by specialty, skill or industry)
2. Proposed means of publicizing the availability of the contract
D State Register
D Construction Bulletin
D Trade Publication(s): (Please list) ' ' D Community Organization(s): ' ' D Other: (Please Explain)
3. Proposed process to select contractor
D Sole Source D Other: (Please explain)
D Sealed bids
D Council staff
evaluation committee
Section 4-Diversity-to be completed by Office of Diversity and Equal Opportunity Staff
D
I wish to review the solicitation documents prepared for this procurement prior to advertisement and distribution
D I wish to be involved in the selection process for this procurement
The following diversity business subcontracting goal(s) or preference apply to this contract:
D DBE Goal of % D M/WBE Goal of % D TGB Goal of %
D MBE Goal of % D SBRA Goal of %
D WBEGoal of % D TGB Preference of %
Reviewed by: I Date:
CIMs with an estimated value of less than $50,000 may be authorized by
Section 5 -Authorization Council staff with sufficient signature authority. CIMs with an estimated value
of $50,000 or more must be authorized by General Managers or Division
Directors.
I authorize the initiation of the contracting process for this procurement.
Date: -
Signature of Authorized Signer
Title of Authorized Signer
Distribution -executed original filed in CPU; copies provided to:
Project Manager D Office of Diversity D Transit Finance D Grants Manager D
10/10/18
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Mary Krause
Public Works/Engineering
ITEM DESCRIPTION: I.C. 20806
Award Contract for 2020 Crackseal Project to ASTECH Corporation.
ITEM NO.:
VIII.P.
Requested Action
Move to: Award contract for 2020 Cracksealing Project to ASTECH Corporation in the amount of $48,620. Synopsis
Quotes were received Friday, March 6, 2020 for the 2020 Crack Sealing project. Four quotes were received and are tabulated as follows: ASTECH Corporation $48,620.00 Fahrner Asphalt Sealers $87,240.00
Northwest Asphalt $94,925.00 Allied Blacktop Company $246,000.00 Staff has reviewed the quotes and recommends awarding the contract to ASTECH Corporation in the amount of $48,620.00.
Background Information Street bituminous cracksealing is an annual street maintenance project in preparation for the 2020 sealcoat project. Cracksealing for bituminous trails has also been included in the project.
The street quantities include some of the recent overlay areas. The 2020 operating and maintenance budget for street cracksealing is $100,000 under budget item 1707-6339. The trail and parking lots cracksealing portion of the project is funded through
the Parks Division under maintenance. The crack sealant material has been purchased by the
Streets Maintenance Division separately; this contract award is for the placement of the sealant material. Attachment
Contract
SHORT FORM CONSTRUCTION CONTRACT
THIS AGREEMENT, made and executed this _____ day of __________ 20__, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Asphalt Surface Technologies Corporation, hereinafter referred to as the "CONTRACTOR",
WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows:
I. 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. 20804- 2020 Cracksealing Project
CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. 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 $48,620.00.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents. IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Proposal Form b. Construction Short Form Agreement c. Specifications and Special Conditions
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.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the following schedule:
Or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE
__________________________________ By ________________________________ Its City Mayor
__________________________________ By_______________________________ Its City Manager
CONTRACTOR In Presence Of: ____________________________________
__________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________
Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Mary Krause
Public Works/Engineering
ITEM DESCRIPTION: I.C. #20805
Award Contract for 2020 Street Striping to Sir Lines-A-Lot LLC
ITEM NO.
VIII.Q.
Requested Action
Move to: Award contract for 2020 Striping to Sir Lines-A-Lot LLC in the amount of $124,235.00. Synopsis
Quotes were received Friday, March 6, 2020, for the 2020 Striping project. Four quotes were received and are tabulated as follows: Sir Lines-A-Lot LLC $124,235.00 Warning Lites $140,440.00
AAA Striping Service Company $156,670.00 Traffic Marking Services $164,265.00 Background Information
Street striping is an annual street maintenance project. The budget for 2020 is $100,000 under budget #1714-6337. The difference between the budgeted amount for striping and the actual quoted cost will be paid for through Pavement Management Funds. Staff recommends award to Sir Lines-A-Lot LLC. Attachment Contract
CONSTRUCTION SHORT FORM CONTRACT THIS AGREEMENT, made and executed this _____ day of __________ 2020, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Sir Lines-A-Lot LLC, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. 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. 20805- 2020 Street Striping Project
CONTRACTOR further agrees to do everything required by this Agreement and the
Contract Document.
II. 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 $124,235.00.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Proposal Form
b. Construction Short Form Contract
c. Specifications and Special Conditions
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.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Its City Mayor __________________________________ By_______________________________ Its City Manager CONTRACTOR In Presence Of: ____________________________________
__________________________________ By ________________________________
Its __________________________
__________________________________ _______________________________
Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Leslie Stovring
Water Resources / Engineering
ITEM DESCRIPTION: I.C. #12-5815
Agreement with Waterfront Restoration for conducting Watercraft Inspections
ITEM NO.:
VIII.R.
Requested Action
Move to: Approve a Service Agreement with Waterfront Restoration for watercraft inspections at three lakes within the City at a cost of $53,690.
Synopsis
Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) has requested that the City of Eden Prairie continue managing the aquatic invasive species inspection program for local watercraft
accesses. To aid in this effort, the District has stated they will cover 50% of the program costs in 2020. Two companies were contacted to provide estimates to conduct inspections at lakes within the District. The costs above the grant will be paid from the Stormwater Utility. Background Information
On March 14, 2012 RPBCWD sent a letter acknowledging the City’s efforts in establishing an aquatic invasive species (AIS) program. The Board of Managers stated that they felt that the best approach at this time would be to assist the cities in providing an inspection program for public boat accesses. It was assumed that inspections would be targeted at lakes recognized as having regional significance,
such as Riley Lake. However, the grant was not intended to limit inspections to these lakes but could be allocated to other lakes with public access. As such, Mitchell and Red Rock Lakes will be included in the program although at reduced hours. It is their hope that implementation of the inspection program will help educate the public about invasive species while slowing or preventing the spread of invasive species such as zebra mussels.
Funds allocated by RPBCWD at that time were a maximum of $25,000. However, due to the rising cost of the program, the RPBCWD has stated they are willing to provide up to 50% of the contracted cost.
Two quotes were received for AIS Inspection Services between May 2nd and October 25th: 1. WaterGuards - $59,633 with an hourly rate of $23.00 per hour 2. Waterfront Restoration - $53,690 with an hourly rate of $22.25
The City will also hire a water resources intern to help manage the inspection program and provide coverage as needed. Expenses above the grant will be paid out of the stormwater utility. Attachment
Agreement
2017 06 01
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _________ day of___________, 20__, between
the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell
Road, Eden Prairie, MN 55344, and ______________________________ (“Consultant”), a
Minnesota corporation (hereinafter "Consultant") whose business address is
_____________________________________________.
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_________________________________ 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 (____________________________________________) in connection with the
Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any
general or specific conditions, terms, agreements, consultant or industry proposal, or
contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are
deleted and shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from _________________ through
________________ 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 $____________ for the services as described in
Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
5th March 20
Waterfront Restoration
P.O. Box 783, Long Lake, MN 55356
Watercraft Inspection Services
Proposal dated February 28th, 2020
May 1, 2020
October 25, 2020
$53,690
Page 2 of 10 2017 06 01
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress
summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
Page 3 of 10 2017 06 01
b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that
this account, claim, or demand is just and correct and that no part of it has been
paid.”
6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
Page 4 of 10 2017 06 01
has received payment by the City, the Consultant shall pay interest to the subcontractor on
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$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
Page 5 of 10 2017 06 01
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
g. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
h. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
i. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
j. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The Professional
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable.
k. 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.
Page 6 of 10 2017 06 01
l. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
m. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing.
o. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph.
p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
Page 7 of 10 2017 06 01
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Consultant harmless
from and against any loss for injuries or damages arising out of the negligent acts of the
City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost of
mediation shall be shared equally between the parties. Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
Page 8 of 10 2017 06 01
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
Page 9 of 10 2017 06 01
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
Page 10 of 10 2017 06 01
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Consultant in performing any of the
functions of the City during performance of this Agreement is subject to the requirements
of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONSULTANT
By:
Its:
Waterfront Restoration
Derek Lee
Account Manager
Proposal
Prepared For:
The City of
Eden Prairie
By:
Waterfront Restoration
02-28-2020
Exhibit A
2 Confidential & Proprietary – Waterfront Restoration, LLC
Boat Launch Locations
3 Confidential & Proprietary – Waterfront Restoration, LLC
Executive Summary
Waterfront Restoration is pleased to submit a maximum value proposal for watercraft inspection
and boater education services to aid Eden Prairie in preventing the spread of aquatic invasive
species.
This proposal presents our approach to achieving and exceeding the details outlined in your
RFP issued on January 17th and has sections addressing the following:
Boat Launch Locations ........................................................................................................... 2
Executive Summary ................................................................................................................. 3
About Waterfront Restoration ................................................................................................. 5
Hiring ........................................................................................................................................ 6
Onboarding/Training ................................................................................................................ 7
Management ............................................................................................................................. 9
Reporting .................................................................................................................................10
Schedule ..................................................................................................................................12
Investment ...............................................................................................................................13
Summary .................................................................................................................................13
We wanted to address pricing upfront, as we know that pricing is an important consideration in
any bid process. However, there is an important consideration of which to be mindful.
As you know, Minnesota has very low unemployment. Given that most cities request pricing in
the form of an hourly rate, other bidders see this as an opportunity to pay their inspectors as
little as possible (typically around minimum wage or up to $11 per hour.)
This pay approach leads to:
1.The provider over promising on their proposal and under delivering once awarded the contract.
2.Extremely high turnover during the season.
3.The inability to staff launches each week/weekend during the Summer.
4.The inability to have enough inspectors to cover all the launches by the planned start date.
5.Complaints from boaters noting inspectors not doing their jobs, are not presentable, or are
unfriendly.
6.Inspectors that may not be background checked- possibly hiring inspectors with previous
felonies or a sex offender background.
Waterfront Restoration is committed to ensuring we have the right people working at your lakes.
Thus, we compensate them consistent with at or above market value. This approach helps us,
4 Confidential & Proprietary – Waterfront Restoration, LLC
on your behalf, to staff your lakes with reliable, presentable, and professional inspectors that will
create a positive experience for your boaters while also protecting your lakes.
Our base wage we provide to inspectors is dependent on qualifications. We have developed a
weighted qualification scoring system based upon twenty different aspects. Some of the scored
qualification aspects include: knowledge of AIS, customer service experience, de-escalation
communication experience, attention to detail, and previous inspector experience.
Our inspectors are then on a performance-based pay system that rewards them for great
performance. Performance and qualification-based pay combined with appropriate supervisor
check-ins has dramatically improved compliance in our experience. This ensures the city is
getting the maximum value from their money spent on inspectors.
Utilizing a higher pay rate to inspectors and this structure- helps us on your behalf to attract and
retain the best people for the job, emphasize the importance of the job and of doing it well,
incentivize higher output- employees work harder to demonstrate that they deserve the job, and
produces happy employees who thus show their happiness in amazing customer service
In summary, we respectfully suggest selecting the provider who is sensitive to the challenges of
proper staffing, training, and inspector management of your lakes. We have included all those
aspects in this proposal and thus reflected that in the outlined price on page 13 of this
document.
Thank you again for considering Waterfront Restoration for this contract. We encourage you
read through all the details in this proposal and then to speak with our past and current county
and association clients about our performance and their satisfaction with us in providing these
services. If you have further questions about our hiring, training, and management approaches,
we welcome whatever questions you or the board may have.
Derek Lee
Account Manager
Derek@waterfrontrestoration.com
612-424-8543
Tom Suerth
President/Founder
Tom@waterfrontrestoration.com
612-285-3597
5 Confidential & Proprietary – Waterfront Restoration, LLC
About Waterfront Restoration
Waterfront Restoration was founded by Tom Suerth in 2003.
He was inspired to start the company by his passion for lake
preservation. He grew up near a Minnesota lake and saw
firsthand the devastation that Eurasian watermilfoil had on it.
Today, species like Zebra Mussels, Starry Stonewort, and
other AIS are creating high risks of devastating recreational
boating, swimming, and fishing in counties and cities
throughout the state. Our company’s mission is to preserve
Minnesota lakes and protect them from these invasive
species and other AIS on the horizon.
We specialize in providing high-quality, fully managed
watercraft inspections and boater education services to counties and cities throughout the state
of Minnesota. We have developed a 4-point formula that provides expertise in the recruitment,
training, reporting, and management of seasonal staff for aquatic invasive species prevention
and control programs. This expertise provides us with the ability to recruit and retain watercraft
inspectors who share our passion for lake preservation and professionally represent your city.
Our staff works closely with the Minnesota DNR, counties, cities, and lake associations in
Minnesota to keep our knowledge current on aquatic invasive species issues and best practices
for watercraft inspection.
Counties and associations that have chosen us to protect their lakes see our value beyond a
monetary exchange. They see us as their partner in lake protection. Waterfront Restoration is
devoted and dedicated to keeping your lakes clean and preventing the spread of AIS. We do
that through hiring the right people, providing them with the skills necessary to keep boaters
informed and watercrafts properly inspected, and managing them to ensure your expectations
are met.
In an industry riddled with unstable small businesses that have one or two full-time staff trying to
manage everything, Waterfront Restoration is a financially stable, professional service company
with an expert management team that consistently delivers high-quality results for its clients.
We have provided inspector services to the following clients. If you would like to reach out to
any of them (and we strongly encourage you do, to hear firsthand how we stand out) please do
not hesitate to contact us and we can provide you with their contact information.
• Dakota County
• Goodhue County
• Waseca County
• Blue Earth County
• Scott County
• Christmas Lake Association
• Lake Francis Association
COMPNY LOGO
6 Confidential & Proprietary – Waterfront Restoration, LLC
Hiring
High Quality Inspectors: A Reflection of your city
We recognize that one of the major keys to success with
providing inspection services is the inspector hiring
process. To ensure inspections are properly completed
and your city is represented professionally, we have a
rigorous candidate screening and evaluation process to
identify the traits of high performing inspectors. We call it
our “above and beyond” approach and it ensures our
inspectors are carefully interviewed, selected based on
their skills, and better educated. Thus, it is proven they educate and engage the public better-
and that mirrors what people think about your city.
As one of our county staff members we work with (and whom is an avid fisherman, that has
interacted with inspectors throughout the state), noted:
“When interacting with inspectors from Waterfront Restoration, they were far more thorough and
friendly than some I've seen in other areas of the state. Some others I've encountered were not
friendly at all and really seemed like that was the last thing they wanted to be doing".
When you choose us:
1. We take on the responsibility for the advertising and hiring of the inspectors and training
them pursuant to the MNDNR training program (and additional training as outlined below)
2. We have a management team to support a cities rapid hiring timeline which helps us
continually hire the best candidates for the job in a short time frame.
3. We have developed a weighted interview scoring system to rate the candidates based
upon twenty different aspects. If a candidate does not achieve the target score, that
person is not hired.
4. Every candidate must pass our online customer service test to ensure they have the
relationship, speaking, and rapport skills to interact with boaters. Thus, as boaters
interact with our inspectors, they are more friendly, engaged, professional, and
educational, leaving boaters more informed and more thoroughly inspected.
5. Unlike other companies who only do phone interviews, we do in person or video
interviews which ensures professionally presenting employees in a customer service
industry- i.e. no non-natural appearing body modifications, gauged earlobes, sharpened
teeth, split tongue, facial tattoos etc.
6. Unlike other companies, every employee undergoes a criminal background check.
7. Level 1 inspectors are at least 17 years of age. Level 2 inspectors are at least 18 years
of age. We will train at minimum 1 employee to be a level 2 inspector. The experience
gained from this training will be relayed to all Level 1 staff in the city.
Additional hiring details:
• Hiring commences upon notice of award of contract. Approximately 8 weeks lead time is
needed after board approval- before inspections begin. Example: for inspections to start
on 5/15, notice of award of contract due around 3/15. Inspection start date also depends
upon DNR training sessions availability- these sessions are limited and fill up quickly.
7 Confidential & Proprietary – Waterfront Restoration, LLC
Onboarding/Training
Rather than just putting a warm body out there like
other companies may do, and hoping they are
onboarded and trained properly, you have assurance
knowing our inspectors have the following:
• Employee Handbook. Our employee handbook has
been refined over sixteen years of employing
seasonal staff for AIS control and prevention. It is
updated annually by our HR and legal counsel to
ensure compliance with all laws. The handbook is specifically tailored to the AIS control and
prevention services we provide. To view some of the details in our handbook, click HERE.
• Onboarding System. An important distinguishing factor is that we have a thoroughly vetted HR
onboarding system. Many small businesses do not have a systemized onboarding process
which causes issues such as required forms not being completed by employees and conflicts
resulting from employees not being aware of policies. Onboarding mistakes lead to problems for
the city due to employee issues or disputes, disengagement or unsatisfactory work
performance, and ultimately vacancies at your boat launches. Our system significantly reduces
the risk of these issues occurring.
• Inspector Knowledge Development. The DNR training sessions often do not fully equip
inspectors to perform inspections properly. As a result, many counties and cities have
experienced issues with their inspectors not performing their jobs as expected. Over the
thousands upon thousands of inspections we have completed, we have developed additional
training programs to ensure the inspectors assigned to your city are equipped with the tools to
properly provide these services, professionally represent your city to the general public, and to
ensure the inspectors feel comfortable with the transition from the classroom to the field.
After completion of DNR training and prior to deployment in the field, inspectors are guided
through our supplemental training class which was created to address the common gaps in the
DNR training. They participate in ten training modules, which include custom videos, within our
online training platform. Each module finishes with the delivery of a quiz for the inspector to
complete. This helps to ensure comprehensive understanding of the content.
An example of some of the modules and instructional videos:
• Advanced safety procedures.
• How to respond during adverse weather conditions.
• Emergencies or hostile scenarios with the public; and what to do if the employee does
not feel safe.
• Verbal de-escalation scenarios on how to deal with unruly, inpatient, or aggressive
boaters.
• Advanced training for wakeboard/ballast boat inspection and decontamination.
• Internal advanced training that walks through entrance inspection demonstration.
8 Confidential & Proprietary – Waterfront Restoration, LLC
Additional onboarding/training details:
• We ensure the inspectors have tablets (not cellphones) and that they are suitable and that the
DNR inspection survey software is downloaded, loaded and functioning. We also monitor
inspector survey entries weekly for accurate case numbers. We provide inspectors with
feedback if there are inaccuracies and then make the corrections to the database with Adam
Doll/DNR if necessary. This approach ensures you have accurate inspection data for your lakes.
• We also provide information on each tablet that includes AIS inspection procedures and types of
watercraft that may be encountered at the boat landing. This includes the AIS inspection manual
from the Minnesota DNR, a copy of the Colorado Boat Compendium for Aquatic Nuisance
Species (ANS) Inspectors, and a contact list (both email and phone numbers) for the correct
personal at our office, conservation officers, and city staff.
• As part of the onboarding process we supply inspectors with professional safety vests, along
with a dress code of shirts, pants, and name tags, custom signs, brochures, backup paper
surveys, mirrors, flashlights, reach tools, lake access code sheets, and infested lake cards.
• Hired inspectors are typically local to the area, but we also provide them with additional tourism
and lake details within the area such as education flashcards of invasive species currently on
the lake and concerns on the horizon within the state and county. Thus, when inspectors are
interacting with boaters, they are knowledgeable and able to educate and build rapport with
them.
• Inspectors are trained in identifying ways to assist boaters with loading and launching and are
encouraged to aid whenever they practically can (Ex. slight trailering assistance, routing traffic
and managing parking, clean water for bait, weather updates etc.)
• During down times at each access we can rake out floating vegetation from the immediate
vicinity of the watercraft trailer path, clean up any trash, and conduct zebra mussel visual
inspections around the launch.
• Waterfront Restoration will provide documentation to the City that the DNR training was been
completed and provide documentation that the DNR has authorized the employee prior to
conducting inspections.
• Waterfront Restoration will ensure that employees have their own personal vehicle for a safe
retreat. If employees do not have a vehicle, we will provide them with a company vehicle on site.
9 Confidential & Proprietary – Waterfront Restoration, LLC
Management
Project Management. We have six project
managers on staff with fifty years of combined
experience, who attend regular statewide AIS
training and conferences.
With six managers there is always an expert
available for inspector questions and to
respond to any violations found by inspectors
at accesses. At all times, we have, at a
minimum, one manager available. Managers
can be reached by phone, text, and email
seven days a week. This access is not only provided to inspectors, but to the city as well- as
the managers serve as a liaison between not only the inspectors but also the AIS program
coordinator.
Random spot checks and regular wellness meetings:
Waterfront Restoration designates a roaming inspector or company manger to regularly
meet with and spot check inspectors. The intent of the check/meeting is to ensure
inspectors skills stay fresh thus ensuring the highest quality inspection of every watercraft. It
also helps identify any poor performers right away instead of letting them do a poor-quality
job all season, we can replace them right away. During the check or meeting the manager
provides the inspector with ongoing training, customer service testing, discusses
the types of situations encountered recently, refreshers on boat inspection procedures,
coaches and critiques them on proper inspection protocol, assists with inspections while on
site, and produces a completed scored grading sheet based on each spot check.
This person is trained as a level 1 inspector. Check ins are at random and at different times
and days and occur at a minimum bi-weekly.
The single most effective behavior that a manager can engage in- to improve results and
retention-is getting to know your people. This Improves interaction that inspectors have with
boaters and thus reflects that on the city and gives direct relay of insight on items the
inspectors may not have previously shared or situations recently encountered. Getting to
know the inspectors also keeps them engaged and excited and helps remind them of the
importance of education and AIS prevention.
Payroll Management:
Waterfront Restoration understands that it takes full responsibility for managing and paying
of its inspectors. Any person employed by or working on our behalf is an independent
contractor and we collect required W4s and provide W2s and provide hourly payment
biweekly, pay or withhold FICA, FUTA, State Unemployment, Workers Compensation, and
state and federal withholding, as required by law.
10 Confidential & Proprietary – Waterfront Restoration, LLC
Reporting
A key to our partnerships with city clients is keeping
them informed so they are not left in the dark about
what is going on in your own lakes each day at the
boat launches. Prior to the contract we can speak with
you to set goals and identify relevant standards.
We provide a series of reports to our city clients
keeping them apprised of what we see in their lakes with data on which they can take action.
Plus, it provides a high-level of transparency in the services we are providing.
On a daily basis we :
• Any real time updates via email for items we feel are urgent and important for you to
know.
• GPS live tracking- at any time you have live-direct, and also historical access to see
which inspectors are on the clock and where.
• If desired we can provide you with a daily email report outlining any violations from the
previous day. (Supervisors respond to violations found by inspectors at any accesses
and work with the inspector to notify law enforcement if needed and provide a written
report.)
On a monthly basis, a report along with your invoice is provided to you that includes the
following information:
• Trend analyses
• Information regarding the results of the inspections overall.
• Summary of spot checks and meetings comments made by the inspectors during the
meetings.
• Equipment needs or suggestions.
• Number of hours spent on inspections by each employee at each access each day.
• Number of aquatic invasive species (AIS) identified.
• Summary of observations observed and/or recorded during the inspections.
• Number of calls to the supervisor, DNR or 911.
• Number of boaters referred to a decontamination site for a courtesy or required
decontamination.
• Number of angry boaters.
• Verification that ALL data on each tablet was uploaded to the DNR database.
• Summary of whether any inspection data and/or tablet(s) were lost, damaged, stolen, or
otherwise made unrecoverable.
We can also have a monthly debrief conference call to review our findings and discuss ways
to better protect your lakes.
11 Confidential & Proprietary – Waterfront Restoration, LLC
At the end of the boating season, an annual report is provided that presents comprehensive
data for each of your lakes. This report provides actionable information that your city can use to
take steps to better protect your lakes in future years. We can conduct an annual debrief
conference call to review our findings and recommendations for improvement.
Both the monthly and annual reports can be customized upon request to include the information
you desire.
A sample annual report that would be similar to the one we provide you is here: Click Here
Continous documenting and reporting ensures long term year to year process and protocols are
followed. Each day, week, month, and year -our inspectors and management team develop a
broad-level of visibility into your lakes and have insight into ways to better protect them.
12 Confidential & Proprietary – Waterfront Restoration, LLC
Schedule
• Estimated total hours of inspections: = 2413 Hours
• Shift schedule will be developed with City input and published and available to the City at least one
week in advance throughout the season. Waterfront Restoration will schedule all inspectors and
manage the ongoing calendar to ensure coverage according to the schedule agreed upon by the
City and also manage day-to-day coverage and hours for a not to exceed hours on a specific
waterbody- unless permitted by the City.
• Unlike other companies that just cancel a shift if the primary inspector calls in sick or calls out of,
Waterfront Restoration has an advanced calendar scheduling software to ensure day to day
coverage requests are met. This system ensures 95% shift coverage of planned hours each week.
The scheduling system combined with our management system- which works to bring in inspectors
as backup to cover if a primary inspector is sick or calls out of- ensures better protection for your
lake. There are some cases where some shifts or portions of shifts will not be covered due to
unexpected illness/absence, or inclement weather. These shifts will be reallocated to different
days/shifts throughout the season so that total season coverage hours meet the City’s preferred
season total hours. This may require a minority of shifts move to weekdays or extend beyond the
anticipated end date.
• You have peace of mind knowing we have any the behind the scene details handled. You are not
burdened with inspector absences, unexpected turnover or coverage % at a launch because we
have a proven process that ensures we consistently manage these details so you can focus your
time on other important AIS projects within your City.
Day
Operating
Hours 1
# of
People
Qty of
Hours
Operating
Hours 2
# of
People
Qty of
Hours
Total Daily
hours Start
Total Season
Hours
Lake Riley:
Before Memorial day weekend (May 1- May 21) - no weekdays- only Saturday and Sundays
Saturday 6am-7pm 1 13 13 Starting May 2 3 Total Saturdays until 5/16 39
Sunday 6am-7pm 1 13 13 Starting May 3 3 Total Sundays until 5/17 39
From Memorial Day Weekend (May 22nd)- through Labor day weekend (9/7)
Friday 6am-10am 1 4 10am-6pm 2 8 20 Starting May 22 16 Total fridays until 9/4 320
Saturday 6am-10am 1 4 10am-6pm 2 8 20 Starting May 23 16 Total Saturdays until 9/5 320
Sunday 6am-10am 1 4 10am-6pm 2 8 20 Starting May 24 16 Total Sundays until 9/6 320
Monday 6am-7pm 1 13 13 Starting May 25 16 Total Mondays until 9/7 208
Tuesday 6am-7pm 1 13 13 Starting May 26 15 Total Tuesdays until 9/1 195
Wednesday6am-7pm 1 13 13 Starting May 27 15 Total Wednesdays until 9/2 195
Thursday 6am-7pm 1 13 13 Starting May 28 15 Total Thursdays until 9/3 195
After Labor day (9/8) through October 25th- no weekdays- only Saturday and Sundays
Saturday 6am-7pm 1 13 13 Starting Sept 12 7 Total Saturdays until 10/24 91
Sunday 6am-7pm 1 13 13 Starting Sept 13 7 Total Sundays until 10/25 91
Total weeks
Red Rock:
Any Day 12pm-4pm 1 4 4 Starting May 7 25 Total THU until 10/22 100
Any Day 12pm-4pm 1 4 4 Starting May 8 25 Total FRI until 10/23 100
Mitchell
Any Day 12pm-4pm 1 4 4 Starting May 9 25 Total SAT until 10/24 100
Any Day 12pm-4pm 1 4 4 Starting May 10 25 Total SUN until 10/25 100
Red Rock and Mitchell Lakes: Two 4-hour shifts per week at each lake. The days spent at each lake should vary from week to week to prevent establishing a pattern. Two
lakes can be combined on one day to provide one 8-hour shift
13 Confidential & Proprietary – Waterfront Restoration, LLC
Investment
HOURLY RATE= $22.25
You are only billed while inspectors are clocked in at the launch site. All overhead such as cost
of recruiting, company training, city training, DNR training, holiday pay, ongoing management,
protocol compliance, technology, software, reporting etcetera are built into the hourly rate
already. There are no surprise charges, simply take the hourly rate and multiply that by the total
hours at the launch.
Initial payment: 20% of estimated total program cost. This amount is invoiced prior to
commencement of inspectors performing services at the lake accesses. This payment is to
provide for the up-front costs of recruiting, screening, onboarding, purchase and setup hardware
and software, site supplies, and for administrative costs. These costs are incurred by Waterfront
Restoration before inspectors can be placed at lake accesses. Additional invoices will be
submitted throughout the season monthly based upon the expected number of hours to be
worked at the locations in the next succeeding month.
Summary
We know that pricing is important consideration in any bid process. However, there is an
important consideration of which to be mindful. Pricing has been requested in the form of an
hourly inspector rate. This pricing approach incents other providers to pay inspectors as little as
possible and with little oversight. As you know, Minnesota has very low unemployment. Given
that, this approach leads to extremely high turnover, significant challenges finding proper
candidates for the role, and a myriad of inspection challenges at your lakes. Respectfully, we
suggest selecting the provider who is sensitive to the challenges of proper staffing, training, and
inspector management of your lakes.
We have invested year after year to create an industry leading watercraft inspections program
for MN and have refined our processes after learning from thousands upon thousands of hours
of inspections.
These developments, our unique advantages, and our above and beyond service approach
ensures that your city is getting maximum value from every inspection dollar spent.
Ultimately, when you hire us, it’s our job to ensure you have a successful AIS prevention
program that provides you with peace of mind knowing that your city is protected by the highest
quality professional inspectors available whom help prevent the spread of AIS, keep your city
out of the news, better educate your boaters, and represent your city in a first – class positive
image to the public.
Memorandum
To: Interested Bidders
From: Leslie A. Stovring, Water Resources Coordinator
Date: January 17, 2020
Re: Watercraft Inspector Program – Request for Proposals (RFP)
The City of Eden Prairie (City) is requesting a quote for providing watercraft inspection services to inspect incoming and outgoing watercraft, trailers and other water-oriented equipment at selected public accesses for aquatic invasive species (AIS). The quote must be itemized and include a “not to exceed” amount for completing the work items. No additional work beyond the scope outlined in this RFP will be reimbursed
without prior written authorization by the City. Proposals must be submitted by February 28, 2020. Below are the minimum requirements that must be included in your proposal. Any suggestions for additional services must be included as an alternate.
1.0 STAFFING REQUIREMENTS
Employees will be required for boat landings at Mitchell, Red Rock and Riley Lakes. Inspections should
start May 1, 2020 and continue through October 25, 2020. The following can be used as a guideline to determine hours for the proposal:
Riley Lake (high priority)
o Friday, Saturday and Sunday from 6 am to 8pm / Two employees are required between 10
am and 6 pm;
o Monday through Thursday, one employee from 6 am to 7 pm / Hours can overlap mid-day if needed; and
o Before Memorial Day weekend and after Labor Day weekend, one employee from 6 am to 7 pm on Saturday and Sunday.
Red Rock and Mitchell Lakes (low priority)
o Two shifts per week at each lake for a total of 8 hours per week per lake.
o Two lakes can be combined on one day to provide one 8-hour shift.
o The days spent at each lake should vary from week to week to prevent establishing a pattern.
2.0 CONTRACTOR REQUIREMENTS
Hire, schedule and manage employees sufficient to fulfill the hours proposed.
Provide Level 1 training through the Dept. of Natural Resources for all employees.
Provide Level 2 training through the Dept. of Natural Resources for a minimum of one (1)
employee. The experience gained from this training must be relayed to all Level 1 staff hired to work in Eden Prairie.
Provide employee training prior to starting inspections that includes basic safety procedures; how to respond during adverse weather conditions, emergencies or hostile situations with the public;
and what to do if the employee(s) does not feel safe.
Provide and maintain all equipment required for collecting and uploading data to the DNR
database (such as iPads). Personal cell phones are not an adequate substitute. The City has two mini-iPads available for use as back-ups.
Provide information on each tablet that includes AIS inspection procedures and types of watercraft that may be encountered at the boat landing. This must include the AIS Inspection Manual from the Minnesota DNR, a copy of the Boat Compendium for Aquatic Nuisance Species (ANS)
Inspectors (Colorado Parks & Wildlife, 2012, www.westernais.org/training-resources) and a contact list for the contractor and city staff that includes both email and phone numbers.
Request for Proposal - AIS Inspections
January 17, 2020
Require that a minimum of one personal or company vehicle be present onsite during work hours to provide a safe retreat for employees.
Provide documentation to the City that the DNR training was been completed and provide documentation that the DNR has authorized the employee prior to conducting inspections.
Communicate with the City regarding potential infestations and developments in the field.
Ensure that all inspection data has been uploaded to the DNR database by the end of each week.
Ensure that employees are filling out each survey completely.
Provide Wellness Meetings with each staff member a minimum of once every 6 weeks to discuss the types of situations encountered and provide refreshers on boat inspection procedures. DNR Training Videos are available on YouTube to assist in the training (for example, Refresher Training for MN AIS Volunteers & Ambassadors). The intent of the meetings are to ensure the
inspectors feel comfortable with the transition from the classroom to the field and that their skills stay fresh.
3.0 STAFF TRAINING REQUIREMENTS
Attend Level 1 watercraft inspection training provided by the MN Dept. of Natural Resources (DNR) prior to conducting inspections.
Attend Wellness Meetings as required above.
Attend orientation meeting with the City of Eden Prairie prior to conducting inspections.
4.0 WORK REQUIREMENTS
Inspect incoming and outgoing watercraft, trailers, docks and other vehicles or equipment using the boat landing for AIS, aquatic vegetation and potential sources of AIS.
Enter inspection data into the on-line forms developed by the DNR for each inspection event.
Upload inspection data daily, at the end of the employee's shift, to the DNR database on a digital device owned and maintained by the Vendor or a City-owned tablet.
Provide information on courtesy and/or required decontamination locations and procedures.
Communicate the issues of AIS with the public and lake users during inspections.
Distribute AIS educational materials as needed. The City or local Watershed District will provide
copies of educational materials as they become available.
Follow DNR watercraft inspection policies, responsibilities and procedures.
5.0 ADDITIONAL STAFF REQUIREMENTS FOR LAKE RILEY
Following are requirements specific to Lake Riley:
Provide assistance in routing traffic and managing parking for incoming boaters.
Keep the boat landing area clean, including regularly raking or sweeping vegetation off the boat landing. The City will provide information on how to access the staff booth during orientation.
Post a staff parking sign in the vehicle when parked at the landing. The City will provide a sign
during orientation.
6.0 MINIMUM HIRING REQUIREMENTS FOR STAFF
The minimum requirements for staff include the following:
A minimum of 17 years of age. Possession of a high school degree or GED is preferred.
Able to work a flexible working schedule, including early mornings, late evenings, and weekends.
Capable of bending for vehicle and equipment inspections
Capable of lifting moderate weight of up to 20 lbs.
Request for Proposal - AIS Inspections
January 17, 2020
Able to work with and communicate verbally with the general public.
Able to work independently on assigned tasks, yet work as a team.
7.0 EQUIPMENT REQUIREMENTS
Cellular phone for emergencies or to contact law enforcement if required.
Uniforms that has the City logo that clearly identifies the employee as a Watercraft Inspector.
This can include a safety vest and/or shirt. The Consultant logo can be worn in addition to the City logo.
Tablet, such as an iPad, capable of running and uploading the DNR software.
Additional equipment needs must be attached to the proposal as an alternate.
8.0 HOURS / SCHEDULING
Once the contract is signed, City staff will work with the Contractor to develop a schedule to meet the
budget requirements and staff availability. Please submit a proposed schedule by April 18, 2020 to allow time to set up a final summer schedule.
9.0 REQUEST FOR PAYMENT REQUIREMENTS
The following items must be submitted for processing invoices.
Information regarding the results of the inspections to the City at a minimum of weekly.
Written summaries (or memorandums) with each invoice that documents items such as:
Training or Wellness Meetings provided to your staff (including dates);
Comments made by the inspectors during Wellness Meetings including items such as findings,
equipment needs or suggestions;
Number of hours spent on inspections by each employee;
Number of aquatic invasive species (AIS) identified;
Summary of observations observed and/or recorded during the inspections;
Number of calls to the supervisor, DNR or 911; and
Number of boaters referred to a decontamination site for a courtesy or required decontamination.
Each written summary must include a statement that the contractor has verified that ALL data on
each tablet was uploaded to the DNR database. The summary must also state whether any inspection
data and/or tablet(s) were lost, damaged, stolen, or otherwise made unrecoverable.
10.0 ACCEPTANCE OF PROPOSAL CONTENTS
The contents of this RFP and any attached proposal will become contractual obligations, if a contract
ensues. Failure of the Contractor to meet these obligations may result in cancellation of the award. All
information in the quote is subject to disclosure under the provisions of Minnesota Statutes Chapter 13 – Minnesota Government Data Practices Act.
11.0 TERMS AND CONDITIONS
The contents of the RFP and the attached Eden Prairie Standard Agreement for Professional Services are
the Terms and Conditions that will apply to this project.
12.0 QUESTIONS / CITY CONTACT INFORMATION
Please contact Leslie Stovring at 952-949-8327 or lstovring@edenprairie.org if you have any questions regarding this RFP.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Leslie Stovring
Engineering / Water Resources
ITEM DESCRIPTION: I.C. #12-5822
Agreement with J&N Weed Harvesting for weed harvesting in Mitchell and Red Rock Lakes
ITEM NO.:
VIII.S.
Requested Action Move to: Approve Agreement for Contract Services with J&N Weed Harvesting for aquatic weed
harvesting in Mitchell and Red Rock Lakes for a not to exceed sum of $19,500. Synopsis
The Mitchell Lake Association (MLA) and the Friends of Red Rock Lake (FORRL) requested that the City of Eden Prairie coordinate an aquatic plant-harvesting program in Mitchell and Red Rock Lakes with the Riley-Purgatory-Bluff Creek Watershed District’s aquatic invasive species (AIS) plant management program. Costs will be paid from the stormwater utility.
Background Information The City started conducting aquatic invasive species harvesting in Mitchell and Red Rock Lakes in 2014. In 2015, the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) completed Aquatic
Plan Management Plans for both lakes. The Board of Managers has taken responsibility for conducting herbicide treatments in the lakes to aid in managing invasive species and to help improve water quality within the lakes. It is their hope that implementation of the herbicide treatment program will help in managing the growth of curly leaf pondweed, an aquatic invasive species, within these lakes. Curly leaf pondweed dies off in early summer and contributes a significant pulse of phosphorus to the lake
as it decays. To supplement this work, the MLA and FORRL have requested that the City provide:
• Harvesting in the spring to supplement the herbicide treatment
• Harvesting during the summer to help maintain recreational access to the lake
Quotes received for the work included:
• J&N Weed Harvesting = $19,500
• Lakes Aquatic = $19,758.30
• Premier = $22,575 The City has also contracted with Blue Water Science to help delineate invasive species within the
lakes to determine where to focus the harvesting efforts and to finalize the amount of harvesting area allowed under the Dept. of Natural Resources permitting requirements for the lakes. Attachment
Agreement for Contract Services
J & N Weed Harvesting Inc.
301 West 5th Street
Bottineau, ND 58318
Proposal Submitted To: Work To Be Performed at:
Name:
Address:
City, State, Zip
City of Eden Prairie
8080 Mitchell Rd
Eden Prairie MN 55344
Red Rock and Mitchell Lake
AGREEMENT FOR AQUATIC HARVESTING 2ND CUTIING JULY OR AUGUST
Red Rock
We hereby propose to furnish the equipment and perform the labor for the removal of at least 90 percent of
the aquatic vegetation In 18 inches or more of water, with a maximum cutting depth of 6 feet. One cut of
approximately 7 acres, or14 hours, whichever comes first. Total payment of is $3150 due upon completion
of cut. There will be an additional mobilization fee of $850 for both lakes.
If the dump location is more than one mile from the loading ramp the rate is $2.50/mile .. Total cost not
to exceed $4000.
Mitchell Lake
We hereby propose to furnish the equipment and perform the labor for the removal of at least 90 percent
of the aquatic vegetation in 18 inches or more of water, with a maximum cutting depth of 6 feet. One cut of
approximately 12 acres, or 24 hours, whichever comes first. Total payment of is $4800 due upon completion of
cut. Both Lakes need to be cut in full for us to come for this cut due to distance of travel.
If the dump location is more than one mile from the loading ramp the rate is $2.50/mile. Total cost will
not exceed $4800. If any additional hours are needed, the cost will be $220 per hour.
Homeowners can contract with us to have their shoreline cut for additional cost.
The Lake Association or City is responsible for getting and paying for any permits and dump locations needed
for the cutting and removal of any aquatic weeds for this job.
Cutting dates to completion. The scheduling of this project is subject to the scheduling and completion of
other projects. We anticipate we can finish all projects. .
Any alterations or deviation from the above specifications involving extra costs will be executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our
control. We have necessary insurance policies that meet your specifications. All work is guaranteed to be as specified, and to be
performed in accordance with the specifications and/or drawings submitted with this contract for above work and completed in a
substantial workmanlike manner. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made ad outlined above.
J & N Weed Harvesting Inc.
301 West 5th Street
Bottineau, ND 58318
Proposal Submitted To: Work To Be Performed at:
Name:
Address:
City, State, Zip
City of Eden Prairie
8080 Mitch ell Rd
Eden Prairie MN 55344
Red Rock
AGREEMENT FOR AQUATIC HARVESTING
Curly Leaf spring proposal
We hereby propose to furnish the equipment and perform the labor for the removal of at least 90 percent of
the aquatic vegetation in 18 inches or more of water, with a maximum cutting depth of 6 feet. One cut of
approximately 6 acres, or 12 hours, whichever comes first. Total payment of is $2700 due upon completion of
cut.
There will be an additional mobilization fee of $800
If any additional hours are needed, the cost will be $225 per hour.
Homeowners can contract with us to have their shoreline cut for additional cost.
If the dump location is more than one mile from the loading ramp the rate is $2.50/mile. Total cost will
not exceed $3500
The Lake Association or City is responsible for getting and paying for any permits and dump locations needed
for the cutting and removal of any aquatic weeds for this job.
Cutting dates to completion. The scheduling of this project is subject to the scheduling and completion of
other projects. We anticipate we can finish all projects.
Any alterations or deviation from the above specifications involving extra costs will be executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our
control. We have necessary insurance policies that meet your specifications. All work is guaranteed to be as specified, and to be
performed in accordance with the specifications and/or drawings submitted with this contract for above work and completed in a
substantial workmanlike manner. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made ad outlined above.
J & N Weed Harvesting Inc.
301 West 5th Street
Bottineau, ND 58318
Proposal Submitted To: Work To Be Performed at:
Name:
Address:
City, State, Zip
City of Eden Prairie
8080 Mitchell Rd
Eden Prairie MN 55344
Mitchell Lake
AGREEMENT FOR AQUATIC HARVESTING
Curly Leaf spring proposal
We hereby propose to furnish the equipment and perform the labor for the removal of at least 90 percent
of the aquatic vegetation in 18 inches or more of water, with a maximum cutting depth of 6 feet. One cut of
approximately 16 acres, or32 hours, whichever comes first. Total payment of is $6400 due upon completion
of cut.
There will be an additional mobilization fee of $800 . If any additional hours are needed, the cost will be
$225 per hour.
Homeowners can contract with us to have their shoreline cut for additional cost.
If the dump location is more than one mile from the loading ramp the rate is $2.50/mile. Total cost not
to exceed $7200.
Cutting dates to completion. The scheduling of this project is subject to the scheduling and completion of
other projects. We anticipate we can finish all projects. The Lake Association or City is responsible for getting
and paying for any permits and dump locations needed for the cutting and removal of any aquatic weeds for
this job
Any alterations or deviation from the above specifications involving extra costs will be executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our
control. We have necessary insurance policies that meet your specifications. All work is guaranteed to be as specified, and to be
performed in accordance with the specifications and/or drawings submitted with this contract for above work and completed in a
substantial workmanlike manner. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made ad outlined above.
RFQ – 2020 Lake Harvesting Program Page 1
City of Eden Prairie
Memorandum
To: Interested Bidders From: Leslie A. Stovring, Water Resources Coordinator
Date: January 17, 2020 Re: Lake Harvesting Program Request for Quote (RFQ)
The City of Eden Prairie is requesting a quote to assist in coordinating the City’s lake harvesting program for
Red Rock and Mitchell Lakes. The quote must be itemized by Task and include a “not to exceed” amount for completing the work items. No additional work beyond the scope outlined in this RFQ will be reimbursed without prior written authorization by the City.
TASK 1 – VEGETATION SAMPLING - HARVESTING
Please include a cost estimate to conduct pre- and post-harvesting sampling for Red Rock and Mitchell Lakes. You should expect to:
Map aquatic vegetation to provide monitoring data and mapping to meet DNR permit requirements.
Conduct the site evaluations after the Riley Purgatory Bluff Creek Watershed District (RPBCWD) has completed chemical treatment for curly leaf pondweed.
Provide information regarding the areas that require harvesting to the City and the lake harvesting company to determine the best times and locations to harvest.
Provide one pre-harvesting evaluation and one post-harvesting field evaluation for each sampling event.
Following are the estimated harvesting tasks.
A. Invasive Species Control – Late spring or early summer harvest for invasive species control, in coordination with an herbicide application that the RPBCWD may be conducting.
B. Recreational Access – One additional harvesting operation to enhance recreational access during the summer. The need, timing and final location will be determined based on the vegetation mapping.
In the past the Watershed District’s activities and/or weather conditions have decreased the need for harvesting in spring and summer. If harvesting is not required, the consultant should evaluate the extent of herbicide treatment in relation to harvesting requirements and what impact it may have had.
TASK 2 – REPORTING AND MEETING REQUIREMENTS
Once all harvesting operations are completed, a summary memorandum must be prepared to document the findings for each sampling event. The quote must include:
Prepare a summary memo that discusses pre- and post-harvesting conditions.
Submit one (1) PDF copy of the summary memo to the City by December 31, 2020.
Meet with City Staff once to discuss the results of the project.
SECTION 3 – FEE QUOTATION / TERMS AND CONDITIONS
The Quote must include an itemized price and proposed schedule for completion for each Task. The attached Agreement for Professional Services will be required once the quote is accepted by the City.
AIS / Weed Harvesting - Red Rock and Mitchell Lakes
March 17 20
December 31, 2020
19,500
J & N Weed Harvesting Inc.
301 West 5th Street
Bottineau, ND 58318
Proposal Submitted To: Work To Be Performed at:
Name:
Address:
City, State, Zip
City of Eden Prairie
8080 Mitchell Rd
Eden Prairie MN 55344
Red Rock and Mitchell Lake
AGREEMENT FOR AQUATIC HARVESTING 2ND CUTIING JULY OR AUGUST
Red Rock
We hereby propose to furnish the equipment and perform the labor for the removal of at least 90 percent of
the aquatic vegetation In 18 inches or more of water, with a maximum cutting depth of 6 feet. One cut of
approximately 7 acres, or14 hours, whichever comes first. Total payment of is $3150 due upon completion
of cut. There will be an additional mobilization fee of $850 for both lakes.
If the dump location is more than one mile from the loading ramp the rate is $2.50/mile .. Total cost not
to exceed $4000.
Mitchell Lake
We hereby propose to furnish the equipment and perform the labor for the removal of at least 90 percent
of the aquatic vegetation in 18 inches or more of water, with a maximum cutting depth of 6 feet. One cut of
approximately 12 acres, or 24 hours, whichever comes first. Total payment of is $4800 due upon completion of
cut. Both Lakes need to be cut in full for us to come for this cut due to distance of travel.
If the dump location is more than one mile from the loading ramp the rate is $2.50/mile. Total cost will
not exceed $4800. If any additional hours are needed, the cost will be $220 per hour.
Homeowners can contract with us to have their shoreline cut for additional cost.
The Lake Association or City is responsible for getting and paying for any permits and dump locations needed
for the cutting and removal of any aquatic weeds for this job.
Cutting dates to completion. The scheduling of this project is subject to the scheduling and completion of
other projects. We anticipate we can finish all projects. .
Any alterations or deviation from the above specifications involving extra costs will be executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our
control. We have necessary insurance policies that meet your specifications. All work is guaranteed to be as specified, and to be
performed in accordance with the specifications and/or drawings submitted with this contract for above work and completed in a
substantial workmanlike manner. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made ad outlined above.
EXHIBIT A
J & N Weed Harvesting Inc.
301 West 5th Street
Bottineau, ND 58318
Proposal Submitted To: Work To Be Performed at:
Name:
Address:
City, State, Zip
City of Eden Prairie
8080 Mitch ell Rd
Eden Prairie MN 55344
Red Rock
AGREEMENT FOR AQUATIC HARVESTING
Curly Leaf spring proposal
We hereby propose to furnish the equipment and perform the labor for the removal of at least 90 percent of
the aquatic vegetation in 18 inches or more of water, with a maximum cutting depth of 6 feet. One cut of
approximately 6 acres, or 12 hours, whichever comes first. Total payment of is $2700 due upon completion of
cut.
There will be an additional mobilization fee of $800
If any additional hours are needed, the cost will be $225 per hour.
Homeowners can contract with us to have their shoreline cut for additional cost.
If the dump location is more than one mile from the loading ramp the rate is $2.50/mile. Total cost will
not exceed $3500
The Lake Association or City is responsible for getting and paying for any permits and dump locations needed
for the cutting and removal of any aquatic weeds for this job.
Cutting dates to completion. The scheduling of this project is subject to the scheduling and completion of
other projects. We anticipate we can finish all projects.
Any alterations or deviation from the above specifications involving extra costs will be executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our
control. We have necessary insurance policies that meet your specifications. All work is guaranteed to be as specified, and to be
performed in accordance with the specifications and/or drawings submitted with this contract for above work and completed in a
substantial workmanlike manner. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made ad outlined above.
EXHIBIT A
J & N Weed Harvesting Inc.
301 West 5th Street
Bottineau, ND 58318
Proposal Submitted To: Work To Be Performed at:
Name:
Address:
City, State, Zip
City of Eden Prairie
8080 Mitchell Rd
Eden Prairie MN 55344
Mitchell Lake
AGREEMENT FOR AQUATIC HARVESTING
Curly Leaf spring proposal
We hereby propose to furnish the equipment and perform the labor for the removal of at least 90 percent
of the aquatic vegetation in 18 inches or more of water, with a maximum cutting depth of 6 feet. One cut of
approximately 16 acres, or32 hours, whichever comes first. Total payment of is $6400 due upon completion
of cut.
There will be an additional mobilization fee of $800 . If any additional hours are needed, the cost will be
$225 per hour.
Homeowners can contract with us to have their shoreline cut for additional cost.
If the dump location is more than one mile from the loading ramp the rate is $2.50/mile. Total cost not
to exceed $7200.
Cutting dates to completion. The scheduling of this project is subject to the scheduling and completion of
other projects. We anticipate we can finish all projects. The Lake Association or City is responsible for getting
and paying for any permits and dump locations needed for the cutting and removal of any aquatic weeds for
this job
Any alterations or deviation from the above specifications involving extra costs will be executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our
control. We have necessary insurance policies that meet your specifications. All work is guaranteed to be as specified, and to be
performed in accordance with the specifications and/or drawings submitted with this contract for above work and completed in a
substantial workmanlike manner. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are
authorized to do the work as specified. Payment will be made ad outlined above.
EXHIBIT A
RFQ – 2020 Lake Harvesting Program Page 1
City of Eden Prairie
Memorandum
To: Interested Bidders
From: Leslie A. Stovring, Water Resources Coordinator
Date: January 17, 2020
Re: Lake Harvesting Program
Request for Quote (RFQ)
The City of Eden Prairie is requesting a quote to assist in coordinating the City’s lake harvesting program for
Red Rock and Mitchell Lakes. The quote must be itemized by Task and include a “not to exceed” amount for
completing the work items. No additional work beyond the scope outlined in this RFQ will be reimbursed
without prior written authorization by the City.
TASK 1 – VEGETATION SAMPLING - HARVESTING
Please include a cost estimate to conduct pre- and post-harvesting sampling for Red Rock and Mitchell Lakes.
You should expect to:
Map aquatic vegetation to provide monitoring data and mapping to meet DNR permit requirements.
Conduct the site evaluations after the Riley Purgatory Bluff Creek Watershed District (RPBCWD) has
completed chemical treatment for curly leaf pondweed.
Provide information regarding the areas that require harvesting to the City and the lake harvesting
company to determine the best times and locations to harvest.
Provide one pre-harvesting evaluation and one post-harvesting field evaluation for each sampling event.
Following are the estimated harvesting tasks.
A. Invasive Species Control – Late spring or early summer harvest for invasive species control, in
coordination with an herbicide application that the RPBCWD may be conducting.
B. Recreational Access – One additional harvesting operation to enhance recreational access during the
summer. The need, timing and final location will be determined based on the vegetation mapping.
In the past the Watershed District’s activities and/or weather conditions have decreased the need for harvesting
in spring and summer. If harvesting is not required, the consultant should evaluate the extent of herbicide
treatment in relation to harvesting requirements and what impact it may have had.
TASK 2 – REPORTING AND MEETING REQUIREMENTS
Once all harvesting operations are completed, a summary memorandum must be prepared to document the
findings for each sampling event. The quote must include:
Prepare a summary memo that discusses pre- and post-harvesting conditions.
Submit one (1) PDF copy of the summary memo to the City by December 31, 2020.
Meet with City Staff once to discuss the results of the project.
SECTION 3 – FEE QUOTATION / TERMS AND CONDITIONS
The Quote must include an itemized price and proposed schedule for completion for each Task. The attached
Agreement for Professional Services will be required once the quote is accepted by the City.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Leslie Stovring
Water Resources / Engineering
ITEM DESCRIPTION: IC# 07-5707
Agreement with Wenck Associates for the Lower Riley Creek Watershed Outlet Monitoring
ITEM NO.:
VIII.T.
Requested Action
Move to: Approve Professional Services Agreement with Wenck Associates to provide monitoring and maintenance activities for the Riley Creek water quality monitoring
station in the amount of $33,100.
Synopsis
Metropolitan Council Environmental Services has requested that the City of Eden Prairie agree to collect samples from and maintain the equipment for the Riley Creek monitoring station south of Flying Cloud Drive. These samples will monitor the creek health and allow the City and
Metropolitan Council to track the success of water quality improvement on projects within the creek. The funds for the station will be paid in part by a grant by the Metropolitan Council (estimated as $5,000 per year) and the remainder will be paid out of the stormwater utility fund.
Background Information
The Riley Creek water quality monitoring station south of Flying Cloud Drive was installed by the
Metropolitan Council to monitor the health of Riley Creek prior to flowing into the Minnesota River as part of their Watershed Outlet Monitoring Program (WOMP). The City started contracting for monitoring services in 2008 after they requested that the City take on those duties associated with the station due to a lack of available staffing within the Council. The Metropolitan Council will provide limited funding for the station monitoring, the amount that will be available
is to be determined but is anticipated to be $5,000 per year, for a total of $10,000 towards this contract.
Riley Creek is currently listed as impaired by the State of Minnesota. The Minnesota Pollution Control Agency (MPCA) has requested that the data collected be entered into the State’s water
monitoring database. This would make the data readily available to the MPCA for any upcoming
studies, such as a Total Maximum Daily Load (TMDL) study. The data collected would also allow the City to track the success of actions taken under our Storm Water Pollution Prevention Plan to improve the water quality of Riley Creek. The goal would be to request that the creek segment be delisted in the future.
Attachment
Agreement
Wenck Associates, Inc. | 1800 Pioneer Creek Center | P.O. Box 249 | Maple Plain, MN 55359-0249
Toll Free 800-472-2232 Main 763-479-4200 Email wenckmp@wenck.com Web wenck.com
February 25, 2020
Leslie Stovring
Environmental Coordinator
City of Eden Prairie
8080 Mitchell Rd Road
Eden Prairie, MN 55344
RE: 2020-2021 Lower Riley Creek Watershed Outlet Monitoring Program Services
Dear Ms. Stovring,
Thank you for the opportunity to provide a scope and budget to operate the Met Council
Environmental Services’ (MCES) Watershed Outlet Monitoring Program (WOMP) station for
Lower Riley Creek from April 1, 2020 through January 31, 2022. Wenck has a long history of
providing stream monitoring expertise to our clients and are confident this expertise will
provide the City of Eden Prairie (City) the highest quality stream monitoring.
Scope of Work
Wenck Associates will complete the following tasks according to WOMP Request for Proposal
from the City and MCES requirements for local WOMP cooperators in accordance with the
WOMP Monitoring Plan.
1. Collect bi-weekly grab samples throughout the year from Riley Creek. This task
includes:
· Attendance at the Spring WOMP Cooperators Forum provided by the
Metropolitan Council.
· Collection of in-situ dissolved oxygen, stream stage, temperature,
conductivity, and pH field measurements.
· Delivery of samples to MCES laboratory in St. Paul, MN.
· Measurement of flow every six weeks, with additional targeted high flow
measurements.
· Ensure that monitoring equipment is in working order throughout the year.
· Calibrate monitoring equipment.
· Collect QA/QC samples, which will include one equipment blank and one
routine grab field duplicate.
· Ensure that E. coli samples are delivered within 4-5 hours of sample
collection.
· Monthly coordination and communication with City staff on the status of the
WOMP station, number of sampling events, and any issues encountered
during sampling.
· Downloading data files, data management, and assist MCES with year-end
QA/QC.
Exhibit A
Leslie Stovring
City of Eden Prairie
February 25, 2020
2
V:\Technical\0094 Eden Prairie\00\2020 and 2021 WOMP Monitoring\2020 Lower Riley WOMP Proposal.docx
2. Collect flow-weighted composite samples to characterize storm events (10 to 12
events). This task will include:
· Measuring dissolved oxygen, conductivity, and pH from an aliquot of the
composite storm sample.
· Delivery of composite samples to MCES laboratory in St. Paul, MN.
· Setting datalogger and autosampler to ensure that a flow-weighted sample
will be collected during storm events.
· Ensure that monitoring equipment is in working order throughout the year.
3. Preparation of a year-end summary of water quality results, problems
encountered, and future monitoring suggestions for presentation to the City. We
envision this summary as a technical memorandum.
4. Meeting with City staff to present year-end summary of water quality results.
5. A contingency has been factored into the budget to account for any problems and
coordination with Metropolitan Council for WOMP station closure.
Tables 1 and 2 summarize the cost of collecting samples in 2020 and 2021. The total labor
and equipment costs for Riley Creek WOMP monitoring is $33,100. The costs for 2020 are
lower than 2021 because the 2020 monitoring does not include sample collection in January,
February, and March since the RFP indicated that 2020 monitoring will begin in April 2020.
Table 1. 2020 WOMP Monitoring Costs
Task Task Description Cost
1 Collecting bi-weekly grab samples
$7,700 (labor)
$600 (mileage)
$1,100 (sonde)
2 Collecting Storm Samples
$3,000 (labor)
$300 (mileage)
$500 (sonde)
3 Year-end data QA/QC and data preparation $1,000 (labor)
4 Meeting with City staff $1,000 (labor)
5 Contingency $500 (labor)
Total (Tasks 1-5) $15,700
Table 2. 2021 WOMP Monitoring Costs
Task Task Description Cost
1 Collecting bi-weekly grab samples
$9,100 (labor)
$700 (mileage)
$1,300 (sonde)
2 Collecting Storm Samples
$3,000 (labor)
$300 (mileage)
$500 (sonde)
3 Year-end data QA/QC and data preparation $1,000 (labor)
4 Meeting with City staff $1,000 (labor)
5 Contingency $500 (labor)
Total (Tasks 1-5) $17,400
Leslie Stovring
City of Eden Prairie
February 25, 2020
3
V:\Technical\0094 Eden Prairie\00\2020 and 2021 WOMP Monitoring\2020 Lower Riley WOMP Proposal.docx
On behalf of the 250+ employee-owners of Wenck, thank you for this opportunity to work
with the City of Eden Prairie. Should you have any questions, or need clarification of anything
presented in the attached proposal, please do not hesitate to call me at 763-252-6943.
Sincerely,
Wenck Associates, Inc.
Joe Bischoff
Principal
Wenck Associates, Inc.
Memorandum
From: Leslie A. Stovring, Water Resources Coordinator
Date: February 19, 2020
Re: Request for Proposal Watershed Outlet Monitoring Program (WOMP)
The City is requesting a work plan and cost estimate for the Metropolitan Council Environmental Services’ (MCES) WOMP station that the City maintains at the south end of Riley Creek. The cost
estimate and work plan should cover April 1, 2020 through January 31, 2022. Proposals are due March 4, 2020. The scope of work should include:
Attend the spring WOMP Cooperators Forum provided by the Metropolitan Council. This will
be a 3-hour meeting and training for the fieldwork.
Conduct grab sampling biweekly from Riley Creek over the course of each year. The consultant is responsible for obtaining all sample bottles, sample submission sheets and sample labels from the
MCES WOMP Coordinator.
Conduct grab sampling for event characterization in coordination with the MCES WOMP Coordinator. Collect 10 to 12 storm event auto-sampler grab samples (pickup and deliver samples to MCES). This will include flow-weighted composite samples during the open-water (ice-free) season.
Deliver all samples to MCES Laboratory Services at 2400 Childs Road, St Paul, MN within the required holding times and following chain of custody procedures established by MCES.
Collect in-situ field measurements and observations according to procedures specified by terms of the contractual agreement with MCES and delivery of samples to the MCES laboratory in St. Paul.
Calibrate the monitoring equipment.
Ensure the monitoring equipment is in working order throughout the year.
Download data files and assist MCES with year-end data QA/QC and summary as needed.
Provide a memorandum with each invoice that communicates the status of the WOMP station, number of sampling events completed, and any issues encountered during sampling.
Prepare a year-end summary letter for presentation to the City (water quality results, problems encountered, suggestions for future monitoring or upkeep, etc.).
Provide a contingency for unanticipated minor repairs, troubleshooting, or sampling. If additional time were required for troubleshooting, maintenance or sampling, pre-authorization in writing from the City would be required.
It is assumed that the Metropolitan Council will be responsible for water quality analysis of all samples collected, flow measurement, rating curve development and major maintenance costs (such as replacement of equipment, subcontractor fees for repair, etc.).
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: I.C. 16-5943
Award Contract for TC&W Railroad Crossing Safety Improvements to Thomas & Sons Construction Inc.
ITEM NO.:
VIII.U.
Requested Action
Move to: Award contract for the TC&W Railroad Crossing Safety Improvements to Thomas & Sons Construction Inc. in the amount of $562,009.60. Synopsis
Online bids were received on Thursday, March 5, 2020 for this project. The five bids received are summarized in the attached summary of bids. The low bid, in the amount of $562,009.60, was submitted by Thomas & Sons Construction Inc. City staff recommend awarding the contract for the project to Thomas & Sons Construction Inc., in the amount of $592,009.60.
Background Information This contract provides for the construction of at grade railroad crossing safety improvements to further the implementation of the Railroad Quiet Zone through Eden Prairie. The following crossings will be receive improvements such as raised concrete medians, striping, roadway
resurfacing, signage and new utilities:
• West 62nd Street
• Birch Island Road
• Valley View Road Project Cost Summary
During the 2017 Legislative session, a bill was passed to provide $1,400,000 in state funding for
rail grade crossing improvements. This project along with the previously constructed new crossing signals will utilize the grant as well as the Transportation Fund. Attachments
Summary of Bids Contract
TC&W RAILROAD CROSSING SAFETY IMPROVEMENTS (#6679940)16‐5943Owner: City of Eden Prairie, MNSolicitor: City of Eden Prairie, MN03/05/2020 10:30 AM CSTExtensionExtensionExtensionExtensionExtensionExtension$458,285.00$562,009.60$584,021.69$584,847.90$601,974.28$659,834.80Engineer Estimate Thomas and Sons Pember Companies, Inc. Minger Construction Co. Meyer Contracting Inc. Urban Companies
Page 1 of 2
I.C. # 16-5943, TC&W Railroad Crossing Safety Improvements
FORM OF CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this 17th day of March 2020, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Thomas & Sons Construction, Inc., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. 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. # 16-5943, TC&W Railroad Crossing Safety Improvements
CONTRACTOR further agrees to do everything required by this Agreement and the
Contract Documents.
II. 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 $562,009.60.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders
b. Proposal Form
c. Construction Short Form Agreement
d. Contractor's Performance Bond
e. Contractor's Payment Bond
(2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans
Page 2 of 2
I.C. # 16-5943, TC&W Railroad Crossing Safety Improvements
(6) Addenda and Supplemental Agreements 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. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE
__________________________________ By ________________________________
Its City Mayor
__________________________________ By_______________________________
Its City Manager
CONTRACTOR
In Presence Of: Thomas & Sons Construction, Inc._____
__________________________________ By ________________________________
Its __________________________
__________________________________ _______________________________
Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: #16-5940
Approve Professional Services Agreement Amendment with SRF Consulting Group, Inc. for Construction Administration Services for the Preserve Boulevard Reconstruction Project
ITEM NO.:
VIII.V.
Requested Action
Move to: Approve Professional Services Agreement Amendment with SRF Consulting Group, Inc. for Construction Administration Services for the Preserve Boulevard Reconstruction Project.
Synopsis This Amendment will provide extended construction administration (including construction observation, surveying, and various documentation) services for the Preserve Boulevard Reconstruction Project from Anderson Lakes Parkway to Prairie Center Drive due to a 20%
increase in contractor schedule duration. Background Information The contractor began working in March of 2019 and continued into December 2019 leaving final
completion items for the spring of 2020. The estimated completion date is June 5, 2020. The improvements include Prairie Center Drive intersection redesign, eliminating the southbound lane drop on Preserve Boulevard, providing a center median and left turn lanes throughout Preserve Boulevard, median refuge islands for safer pedestrian crossings at Franlo Road and
Grier Lane and installing a pump station between Eden Lake and Neill Lake to better control
water levels and minimize the impact of large rain events. Financial Implications
The Professional Services Agreement Amendment with SRF Consulting Group has an estimated
cost of $43,534 for a new total contract amount of $650,795. The funding sources for the project are Municipal State Aid, Pavement Management and Utility funds. Attachment
Professional Services Agreement Amendment
1
AMENDMENT TO Standard Agreement for Professional Services This Amendment to the Standard Agreement for Professional Services (Amendment) is made on the _17th____day of ____March__________, 2020_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ______ SRF Consulting Group, Inc._____ (hereinafter "Consultant") whose business address is ___ One Carlson
Parkway North, Suite 150, Minneapolis, MN 5547-4443_______.
WHEREAS City and Consultant entered into a Standard Agreement for Professional Services on
the _4th__ day of ___December__, 2018__ for the _ Preserve Boulevard In-Construction Services_ and the work described in Exhibit A thereto; and
WHEREAS City and Consultant agree to amend paragraph ____3_____ of the Agreement relating to the __Compensation for Services___ of the Agreement.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses
in a total amount not to exceed $ 650,795.00 for the services as described in Exhibit A thereto. 2. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 3. Entire Agreement. This Amendment constitutes the entire agreement between the parties with respect to the matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated into this Amendment, and all prior documents and correspondence between the parties with respect to the subject matter herein contained (other than the Agreement) are superseded and of no further force or effect.
4. Binding. This Amendment shall be binding upon and unsure to the benefit of the parties hereto. Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE SRF Consulting Group, Inc.
By: Mayor Its: Principal City Manager
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Scott Riley
Public Works / Streets
ITEM DESCRIPTION: I.C. 18830
Award Contract for Removal and Replacement of Curb and Gutter in 2020 Overlay Area
ITEM NO.:
VIII.W.
Requested Action
Move to: Award the Contract for removal and replacement of approximately 4,000 lineal feet of curb and gutter in the 2020 overlay area to Curb Masters Inc. Synopsis
A request for quotes was sent out for the removal and installation of approximately 4,000 LF of surmountable curb and gutter in the 2020 overlay area. Three quotes were received on by February 28, 2020 with Curb Masters Inc. being the lowest at $128,320.00, not to exceed $150,000.00.
Bidder Estimate Curb Masters Inc $128,320.00
CR Fischer and Sons $161,100.00
MN State Curb and Gutter $173,056.50
Background Information
This contract aims to help Streets Division Staff with the removal and installation of an enormous amount of curb and gutter in the 2020 Overlay area. Keeping the project on schedule and done in time for the Milling Contractor.
Attachment
Contract
Project LocatioEden Prairie
Project Name:City Curb Repair
Project Engine Eden Prairie
Bids Due:2/7/2020 @ 3PM
Submitted By:Terry Halls 507-382-6502 Cell
Line It Quantity Unit Price Extension
1 4000 LF @ 31.20$ 124,800.00$
2 100 LF @ 35.20$ 3,520.00$
3 EA @ 250.00$ -$
Base Bid Item Total:128,320.00$
Does Not Include:
Includes:
Bond if Required, Standard Insurance, If Higher Rates, Revised Terms, or Conditions or Special Endorsements
Remove & Replace 28" Surmountable Curb & Gutter
Remove & Replace B618 Curb & Gutter
Catch Basin Rebuilding/Raising
Fill, Base, Dump Fees, Surveying, CB Adjusting Rings
Tuesday, February 25, 2020
Proposal - Revised
Description
Or Other Accessories unless listed above
Catch Basin Adjustment up to 2 Rings, if required. Additional Rings @ $40.00EA
Stoops, Steps, Trench Drains, Joint Sealers, Bollards, Sign Posts, Catch Basin Rings, Winter Services
The Above prices are satisfactory and hereby accepted.
This Proposal may be withdrawn by us if not accepted within 30 Days.
Note:
Staking, Grading, Base, Backfill, Removals, Traffic Control, Testing, Permits, No Asphalt or Landscape Restoration
Acceptance of Proposal
Are Required We Reserve The Right To Revise Our Bid To Reflect Such Costs (If Any).
1 Mobilization(s) additional @ $880 EA Acknowledge addendum #
Curb Masters, Inc.
651-455-5251
651-493-3643 Fax
496 Farwell Avenue
South St Paul, MN 55075
www.CurbMasters.info
Exhibit A
SP - 1
SPECIAL PROVISIONS FOR
2020 CURB & GUTTER REPLACEMENT
CITY OF EDEN PRAIRIE, MINNESOTA
S-1 SCOPE OF WORK
S-2 START DATE, COMPLETION DATE AND LIQUID DAMAGES
S-3 PRE-CONSTRUCTION MEETING
S-4 GENERAL CONTRACTOR INFORMATION
S-5 CONSTRUCTION STAKING
S-6 TRAFFIC CONTROL
S-7 EXISTING UTILITIES
S-8 MISCELLANEOUS OBSTRUCTIONS
S-9 IRRIGATION AND PET CONTAINMENT
S-10 PRIVATE PROPERTY
S-11 SITE PROTECTION
S-12 CONCRETE CURB AND GUTTER REMOVAL
S-13 BITUMINOUS PAVEMENT REMOVAL
S-14 CONCRETE CURB AND GUTTER DESIGN (MOUNTABLE)
S-15 RESTORATION
Exhibit B
SP - 2
S‐1 SCOPE OF WORK
The work to be done under this Contract shall include, but is not necessarily limited to,
furnishing all labor, materials, transportation, tools, supplies, equipment, etc. necessary to
remove and reconstruct concrete curb and gutter along Kristie and Maple leaf Dr. within the
City of Eden Prairie.
The work under this Contract includes all of the work items as described in these
Specifications and/or shown on the Plans as prepared by the City of Eden Prairie.
S‐2 START DATE, COMPLETION DATE AND LIQUIDATED DAMAGES
Contractor must complete all work required within this contract by May 30, 2020.
Five hundred dollars ($500.00) will be deducted from any money due the Contractor for each
and every calendar day that the work remains uncompleted beyond the completion date.
S‐3 PRE‐CONSTRUCTION MEETING
Prior to the start of any work, there will be a pre‐construction meeting required.
Representatives of the City, the Contractor and Subcontractors shall be present at the
meeting.
At this meeting, the contractor shall submit, in writing, to the City for approval, a schedule
which shall essentially indicate the number of crews to be employed, locations of work
for each crew, sequence of construction and completion within specified contract dates.
The contractor must also supply a list of emergency contacts.
S‐4 GENERAL CONTRACTOR INFORMATION
General construction requirements include the following:
a) New concrete curbing shall remain barricaded and protected for a minimum
of three (3) days after completion.
b) All edges of concrete shall be uniform and straight.
c) Finished surface shall drain properly.
d) The concrete curbing shall be graded in such a manner as to not create any
drainage problems, i.e., standing water, or ponding along edges. The
contractor shall not change or redirect existing drainage patterns without
authorization and approval by the City.
SP - 3
S‐5 CONSTRUCTION STAKING
For all areas of the project the Contractor is responsible for constructing the curb and gutter,
consistent with the plan and details and for maintaining existing drainage patterns and
positive drainage flow. The City will work with the contractor to identify and mark the limits
of removal items, and establish heights if needed.
S‐6 TRAFFIC CONTROL
Traffic control shall be the responsibility of the Contractor, which shall include all flagging,
barricades, warning signs and traffic cones to maintain, control, safeguard vehicle and
pedestrian traffic and the adjacent residents and adequately protect the work. All traffic
control shall be in accordance with the latest version of the Minnesota Manual on
Uniform Traffic Control Devices (MN MUTCD) as needed. Traffic and access to properties
shall be maintained at all times during construction. Construction should be staged to
allow appropriate pedestrian and bicycle passage through the work zone. Payment for
this work shall be on a lump sum basis.
S‐7 EXISTING UTILITIES
It is the contractor's responsibility to determine and verify the location of all utilities. The
Contractor shall determine the exact locations as the work proceeds. Excavation work shall
be done carefully so as to avoid damaging the existing utilities. The Contractor shall
determine to what extent any utilities will affect the work and shall be responsible for their
location, protection and repair where necessary. It shall be the responsibility of the
Contractor to make the required contacts and coordinate the work with the utility
companies.
S‐8 MISCELLANEOUS OBSTRUCTIONS
The Contractor shall provide for protection, temporary removal and replacement or
relocation of obstructions including but not limited to signs, fences, mail boxes and
landscaping as required for the performance of the work in these Contract Documents or
as directed by the City. After final grading, all items shall be replaced in their original or
new location and shall be in as good or better condition than when the job commenced.
Existing materials shall be reused where possible. Coordinate all work with property
owners. All work regarding miscellaneous obstructions shall be incidental to the contract
relocation of obstructions including but not limited to signs, fences, and mail boxes and
landscaping as required for the performance of the work in these Contract Documents or
as directed by the City. After final grading, all items shall be replaced in their original or
new location and shall be in as good or better condition than when the job commenced.
Existing materials shall be reused where possible. Coordinate all work with property
owners. All work regarding miscellaneous obstructions shall be incidental to the contract.
SP - 4
S‐9 IRRIGATION AND PET CONTAINMENT SYSTEMS REPAIR
The Contractor shall attempt to field verify existing irrigation and/or pet containment
systems in the project area prior to construction and notify the City of such known systems.
The Contractor shall avoid or minimize disturbance to existing systems during construction.
Property owners and the city must be notified immediately by the Contractor of any
disturbances of existing systems. Irrigation and pet containment system damaged by the
Contractor shall be repaired to the satisfaction of the owner at the Contractors expense. Pet
containment systems must be repaired by the end of the day if they have been damaged
S‐10 PRIVATE PROPERTY
All work as shown shall be performed within the public right of way or temporary
construction easement. If it is necessary or desirable that the Contractor use land outside of
City right‐of‐way or easements, the Contractor shall obtain consent from, and shall execute
a written agreement with, the owner and tenant of the land. The Contractor shall not enter
for or occupy for any purpose, including parking, any private property outside the designated
right‐of‐ways or easements without written permission from the owner and tenant.
S‐11 SITE PROTECTION
The Contractor shall remove all debris from the roadway at the end of each work day leaving
the roadway in a clean condition in accordance with the City’s “Erosion Control Policy.” This
shall include excavated materials, sand, etc.
The Contractor shall provide for and be responsible for protection of existing pavements,
driveways, utilities, fencing, etc. All existing materials, surfaces, etc., which are damaged
by the Contractor outside the construction limits shall be repaired and restored to an
original and functional condition at no cost to the City. All construction debris, including
excavated soils, shall be removed and disposed of in a manner satisfactory to the City.
S‐12 CONCRETE CURB AND GUTTER REMOVAL
Concrete curb and gutter removal shall include full depth removal of concrete curb and
gutter as needed to allow for the construction and restoration of the project. Removal
limits shall be verified by the City. Payment for curb and gutter removal shall be per linear
foot. The unit price of each item shall include the curb saw cutting and the removal of the
material off‐site.
SP - 5
S‐13 BITUMINOUS PAVEMENT REMOVAL
Bituminous pavement removal shall include full depth removal of pavement 12 to 16
inches wide from toe of curb, to form and install new concrete curb and gutter. Removal
limits shall be verified by the City. Payment for pavement removal shall be separate from
the curb removal linear foot price. The unit price shall include the removal of the material
off‐site.
S‐14 CONCRETE CURB AND GUTTER DESIGN (MOUNTABLE)
New concrete curb and gutter shall match existing design and be installed in accordance
with MnDOT 2531 and as shown on the plans. Payment will be made by the linear foot
installed at the unit bid prices. Transitions shall be paid as linear feet of curb and gutter
at the unit bid price with no additional compensation allowed. Concrete mix number 3F52
shall be used for all curb and gutter.
S‐15 RESTORATION
The City of Eden Prairie will be responsible for the restoration of turf and bituminous
adjacent within 12 inches of the curb and gutter establishment of turf in areas disturbed
by construction. Contractor to limit damage to turf areas behind the curb.
END OF SECTION
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/ Beth Novak-Krebs
ITEM DESCRIPTION:
Eden Ridge Estates
ITEM NO.:
IX.A.
Requested Action Move to:
• Close the Public Hearing; and
• Adopt a Resolution for a Planned Unit Development Concept Review on 4.3 acres
• Approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with waivers and a Zoning District Change from Rural to R1-9.5 on 4.3 acres
• Adopt a Resolution for a Preliminary Plat to divide 2 lots into 10 lots on and two outlots
on 4.3 acres
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions
• Authorize the issuance of an early Land Alteration Permit for Eden Ridge Estates at the
request of the Developer subject to the conditions outlined in the permit. Synopsis
The applicant is requesting approval to develop 15807 and 15817 Valley View Road into 10
single-family lots. The property is located about ¼ mile east of Eden Prairie Road on the south side of Valley View Road. The property contains two parcels for a total of 4.3 acres. Each parcel currently contains a single-family home that will be razed before construction begins. The project is consistent with the Low-Density Residential guiding. The applicant is requesting to
rezone the property from Rural to R1-9.5. The property is surrounded by single-family
development. There is an approximate rise of 50 feet of topography from the east to the west side of the property. The property is wooded particularly around the perimeter. Background
Planning Commission Meeting Discussion The plans show one street light near the intersection of Ridge Way Lane and Valley View Road and one street light at the end of the cul-de-sac. Although the plans show a street light at the end of the cul-de-sac, the applicant made a request at the Planning Commission meeting to remove
the street light at the end of the cul-de-sac. Instead of the street light, the applicant is proposing
solar switch controlled lighting on every home. This type of lighting automatically turns on at dusk and stays on until dawn and the homeowner is not allowed to switch it off. The applicant has not submitted a photometric plan demonstrating the light levels provided by the street light
compared to the light levels provided by the lighting on individual homes. In the absence this
information, staff continues to recommend the street light at the end of the cul-de-sac.
Early Grading Permit In an effort to meet their construction schedule, the applicant has requested approval of an early Land Alteration Permit. Approval of the permit will allow the applicant to begin mass grading on
the site prior to the 2nd reading. Issuance of early land alteration permits have been requested and
approved by the Council for other projects. Issuance of an early land alternation permit requires the submittal and approval by City staff of all relevant information. Any work completed prior to final approval of the project is done at the Developer’s risk.
Preliminary Plat
The proposed preliminary plat includes 10 single-family lots and two outlots on a cul-de-sac street extending into the site from Valley View Road. There are two outlots on either side of the street at the entrance to the subdivision. This is a low point on the property and the outlots will include stormwater management facilities. The applicant is proposing to deed both Outlots A and
B to the City of Eden Prairie.
All of the proposed lots comply with the minimum lot size requirements in the R1-9.5 Zoning District. The lots range in size from 9,982 square feet to 15,688 square feet with an average lot size of 11,940 square feet. The proposed setbacks also comply with the standards in the R1-9.5
Zoning District. All but one of the lots are narrower than the City Code requirements. The
minimum lot width requirement in the R1-9.5 Zoning District is 70 feet and 55 feet on the bulb of the cul-de-sac. This is covered in more detail under Planned Development Waivers. Planned 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.
As a part of the PUD process, the applicant is seeking a waiver to City Code requirements as outlined below. A. Minimum Lot Width – City Code requires a minimum lot width of 70 feet on a cul-
de-sac street right-of-way and a minimum of 55 feet for those lots entirely on the arc
of the circular portion. Nine out of the ten lots do not meet the minimum lot width standards. Eight of the lots are slightly wider than 52 feet and one lot is slightly wider than 56 feet wide. Although the lots are narrow at the street, the lots are deep and larger than the minimum requirement in the R1-9.5 zoning district. These lots can
accommodate the proposed home products. The waiver allows Lots 1-5, and Lot 9 to
have lots widths between 52.25 feet and 56.32 feet and Lots 6,7, and 8 to have a lot width of 52.25 feet.
Tree Replacement The project requires 308 caliper inches of tree replacement. The trees are located around the
stormwater management areas, in the rear yards to enhance the existing trees along the property lines and in the front yards of the lots. With the one minor modification of not counting the understory trees toward tree replacement and increasing the caliper inches of the canopy trees respectively, the Tree Replacement Plan will comply with City Code. This condition must be
satisfied prior to the 2nd reading.
The applicant has identified Phase 1 and 2 trees on the Tree Replacement Plan. The Phase 1 trees will be installed when the mass grading on the site is completed. The Phase 2 trees will be installed after each home is constructed on the individual lots. The purpose of phasing the
installation is to protect the trees in the front yards and around the building pads from getting
damaged during home construction. The Development Agreement will address this in more detail. Sustainable Features The applicant is proposing Green Path advanced certified homes. These homes include the
following: efficient windows, insulation improvements, high efficiency HVAC systems, and high efficiency appliances. In addition, the stormwater management areas are treating stormwater that is not currently treated.
Planning Commission Recommendation
The Planning Commission voted 5-0 to recommend approval of the project at the February 10, 2020 meeting. Attachments
1. Ordinance for PUD and Rezone 2. Resolution for PUD Concept 3. Resolution for Preliminary Plat 4. Staff Report
5. Land Use Map
6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes
EDEN RIDGE, LLC
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2020-PUD-_-2020
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-9.5 Zoning District as noted in Exhibit A -2020-
PUD-_-2020 (hereinafter "PUD-_-2020- ”).
Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Eden Ridge, LLC, and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement
contains the terms and conditions of PUD-_-2020- , and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings: A. PUD-_-2020- is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-_-2020- 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-_-2020- are justified by the design of the development described therein. D. PUD-_-2020- 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 R1-9.5 Zoning District as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2020-
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. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
17th day of March, 2020, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of ________, 2020.
ATTEST: __________________________________ ___________________________________
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on__________________, 2020.
EXHIBIT A
Legal Description Prior to the Final Plat: Parcel 1:
The North 416 feet of the Northwest Quarter of the Southwest Quarter of Section 9, Township
116, Range 22 lying West of the East 654 feet thereof and East of the West 520.5 feet thereof, Hennepin County, Minnesota. Torrens Property
Torrens Certificate No. 1494511.
Parcel 2: The East 312 feet of the West 520.5 feet of the North 416 feet of the NW 1/4 of the SW 1/4 of Section 9, Township 116,
Range 22, Hennepin County, Minnesota.
Abstract Property. Legal Description After the Final Plat: Lots 1-10 and Outlots A and B, Eden Ridge Estates, Hennepin County, Minnesota
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF EDEN RIDGE ESTATES
FOR EDEN RIDGE, 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 February 10,
2020, on Eden Ridge Estates by Eden Ridge, 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 March 17, 2020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Eden Prairie Estates, 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 March 4, 2020.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated February 10, 2020.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of March. 2020.
_______________________
Ronald A. Case, Mayor
ATTEST:
______________________________ Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept
Legal Description Prior to the Final Plat:
Parcel 1:
The North 416 feet of the Northwest Quarter of the Southwest Quarter of Section 9, Township
116, Range 22 lying West of the East 654 feet thereof and East of the West 520.5 feet thereof, Hennepin County, Minnesota.
Torrens Property
Torrens Certificate No. 1494511.
Parcel 2: The East 312 feet of the West 520.5 feet of the North 416 feet of the NW 1/4 of the SW 1/4 of Section 9, Township 116,
Range 22, Hennepin County, Minnesota.
Abstract Property.
Legal Description After to the Final Plat: Lots 1-10 and Outlots A and B, Eden Ridge Estates, Hennepin County Minnesota
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN RIDGE ESTATE FOR EDEN RIDGE, LLC
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Eden Ridge Estate for Eden Ridge, LLC stamp dated March 4, 2020, and consisting of 4.3 acres into 10 lots, a copy of which is on file at the City Hall, is found to be
in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and
amendments thereto, and is herein approved subject to approval of the 2nd reading of the
Ordinance for the Planned Development District Review with waivers and a Zoning District
change and approval of the Development Agreement.
ADOPTED by the Eden Prairie City Council on the 17th day of March, 2020.
_______________________________ Ronald A. Case, Mayor
ATTEST:
__________________________ Kathleen Porta, City Clerk
STAFF REPORT
TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner
DATE: February 5, 2020
SUBJECT: Eden Ridge Estates
LOCATION: 15807 and 15817 Valley View Road
OWNER: HP Holdings, LLC
APPLICANT: Eden Ridge, LLC
120-DAY
REVIEW PERIOD April 15, 2020 REQUEST: • Planned Unit Development Concept Review on 4.3 acres
• Planned Unit Development District Review with waivers on 4.3 acres
• Zoning District Change from Rural to R1-9.5 on 4.3 acres
• Preliminary Plat to divide 2 lots into 10 lots on and two outlots on 4.3 acres
BACKGROUND
The applicant is requesting approval to
develop 15807 and 15817 Valley View
Road into 10 single-family lots. The property is located about ¼ mile east of Eden Prairie Road on the south side of
Valley View Road. The property
contains two parcels for a total of 4.3
acres.
Each parcel currently contains a single-family home that will be razed before construction begins. The property is
surrounded by single-family
development. There is an approximate
rise of 50 feet of topography from the
east to the west side of the property. The property is wooded particularly around the perimeter.
Project Site
Valley View Road
Staff Report – Eden Ridge Estates
Page 2
2
Project Site
GUIDING AND ZONING
The property is guided Low-Density
Residential, which allows a maximum density of 5 dwelling units per acre. The proposed project has a density of
2.3 dwelling units per acre. The
project is consistent with the guiding.
The property is currently zoned Rural.
The applicant is requesting to rezone the property to R1-9.5. Zoning in the vicinity includes R1-22, R1-13.5 and
R1-9.5. The rezoning request is
consistent with zoning in the area.
PRELIMINARY PLAT The proposed preliminary plat includes 10 single-family lots and two
outlots on a cul-de-sac street
extending into the site from Valley
View Road. The single-family lots
are arranged around the cul-de-sac.
There are two outlots on either side of the street at the entrance to the subdivision. This is a low point on
the property and the outlots will
include stormwater management
facilities. The applicant is proposing
to deed both Outlots A and B to the City of Eden Prairie.
All of the proposed lots comply with
the minimum lot size requirements
in the R1-9.5 zoning district. The
lots range in size from 9,982 square feet to 15,688 square feet with an average lot size of 11,940 square
feet. The proposed setbacks also
comply with the setbacks in the R1-
9.5 zoning district. The minimum lot
width requirement of is 70 feet and 55 feet on the bulb of the cul-de-sac. All but one of the lots are
Staff Report – Eden Ridge Estates
Page 3
3
narrower than the City Code requirements. This is covered in more detail under Planned
Development Waivers.
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.
As a part of the PUD process, the applicant is seeking a waiver to City Code requirements as outlined below.
A. Minimum Lot Width – City Code requires a minimum lot width of 70 feet on a cul-
de-sac street right-of-way and a minimum of 55 feet for those lots entirely on the arc
of the circular portion. Nine out of the ten lots do not meet the minimum lot width
standards. Eight of the lots are slightly wider than 52 feet and one lot is slightly wider than 56 feet wide. Although the lots are narrow at the street, the lots are deep and larger than the minimum requirement in the R1-9.5 zoning district. These lots can
accommodate the proposed home products. The waiver allows Lots 1-5, and Lot 9 to
have lots widths between 52.25 feet and 56.32 feet and Lots 6,7, and 8 to have a lot
width of 52.25 feet.
TREE REPLACEMENT The project requires 308 caliper inches of tree replacement. The trees are located around the
stormwater management areas, in the rear yards to enhance the existing trees along the property lines
and in the front yards of the lots. The Tree Replacement Plan is just short of complying with the tree
replacement requirements, but with a few small adjustments, the plan can comply with City Code
requirements. The plan will be revised prior to the City Council 1st reading. The applicant has identified Phase 1 and 2 trees on the Tree Replacement Plan. The Phase 1 trees
will be installed when the mass grading on the site is completed. The Phase 2 trees will be installed
after each home is constructed on the individual lots. The purpose of phasing the installation is to
protect the trees in the front yards and around the building pads from getting damaged during home
construction. The Development Agreement will address this in more detail. SIDEWALKS AND TRAILS
Although there will not be sidewalks along the proposed street, there is an existing trail along the
south side and a sidewalk along the north side of Valley View Road. These bike and pedestrian
facilities provide access to the Community Center and various parks and conservation areas.
Staff Report – Eden Ridge Estates
Page 4
4
DRAINAGE
There are two stormwater management areas on either side of the entrance into the subdivision. The
stormwater management areas will be treating stormwater from the project area as well as
stormwater from a small area just outside of the southeast corner of the property. These basins are treating stormwater that is not currently being treated. The applicant is required to comply with Watershed District and City of Eden Prairie requirements prior to issuance of a Land Alteration
Permit.
INCLUSIONARY HOUSING No affordability or inclusionary housing requirements are recommended to be applied to the project, as the suitability of such requirements for this type of for-sale owner-occupied housing are to be considered and addressed by the City’s Housing Task Force.
NEIGHBORHOOD MEETING
The applicant held a neighborhood meeting on September 25, 2019. Approximately 16 neighbors
attended the meeting. The applicant reported that the general thoughts shared were positive.
UTILITIES
Public sanitary sewer and water are proposed to be extended along the cul-de-sac street from Valley
View Road.
SUSTAINABLE FEATURES The applicant is proposing Green Path advanced certified homes. These homes include the following: efficient windows, insulation improvements, high efficiency HVAC systems, and high efficiency appliances. In addition, the stormwater management areas are treating stormwater that is
not currently treated.
STAFF RECOMMENDATION Recommend approval of the following requests:
• Planned Unit Development Concept Review on 4.3 acres
• Planned Unit Development District Review with waivers and Zoning District Change
from Rural to R1-9.5 on 4.3 acres
• Preliminary Plat to divide 2 lots into 10 lots and 2 outlots on 4.3 acres
This is based on plans stamp dated January 21, 2020, and staff report dated February 5, 2020. 1. Prior to the 1st reading by the City Council, the applicant shall:
A. Revise the Tree Replacement Plan to comply with the tree replacement requirements
without the understory trees. Understory trees are not allowed to count toward tree
replacement, but can be used as additional caliper inches beyond the tree replacement
requirement.
B. Revise the Site Plan by removing the label for the monument sign.
Staff Report – Eden Ridge Estates
Page 5
5
2. Prior to release of the final plat, the applicant shall:
A. Sign special assessment agreement for City trunk sewer and water assessment fees.
B. Submit a bond, letter of credit or cash deposit (“security”) which guarantees completion of all public utility improvements equivalent to 125% of the cost of the improvements.
3. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff, wetland, utility, street and erosion control plans
for review and approval by the City Engineer.
B. Obtain and provide documentation of Watershed District approval.
C. Notify the City and Watershed District 48 hours in advance of grading.
D. Install erosion control at the grading limits of the property for review and approval by the City. E. Submit a tree replacement letter of credit, or escrow surety equivalent to 150% of the
cost of the tree replacement. A surety will be required for each phase of tree
replacement as shown on the Exhibit B Plans.
F. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of
the cost of the land alteration.
4. Prior to building permit issuance for the property, the applicant shall: A. Pay the appropriate cash park fees
B. Provide recorded copies of any Home Owner Association documents or 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 stamp dated January 21, 2020. A. Minimum Lot Width – City Code requires a minimum lot width of 70 feet on a cul-
de-sac street right-of-way and a minimum of 55 feet for those lots entirely on the arc
of the circular portion. The waiver allows Lots 1-5, and Lot 9 to have lots widths
between 52.25 feet and 56.32 feet and Lots 6,7, and 8 to have a lot width of 52.25
feet. 6. A Steep Slope Permit is authorized through the approval of this project and plans stamp
dated January 21, 2020.
VALLEY VIEW
ONTARIOWESTGATEFRANKLINQUEB
E
C
EIDEHURONMANITOBAVANCOUVERStreams
Principal Arterial
A Minor Arterial
B Minor Arterial
Major Collector
Minor Collector
City of Eden Prairie Land Use GuidePlan Map
¯
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008
DATE Revised 02-23-06
DATE Approved 03-19-03DATE Revised 01-07-05DATE Revised 11-07-05
DATE Revised 03-23-06DATE Revised 06-23-06
DATE Revised 12-06-06DATE Revised 03-01-07DATE Revised 06-01-07DATE Revised 10-01-07DATE Revised 03-01-08DATE Revised 03-01-09
Guide Plan Map: Eden Ridge Estates Address: 15817 Valley View RoadEden Prairie, MN 55344
Rural
Low Density Residential
Medium Density Residential
Medium Migh Density Residential
High Density Residential
Mixed-Use
Town Center
Transit-Oriented Development
Regional Commercial
Commercial
Office
Industrial Flex Tech
Flex Service
Eco Innovation
Industrial
Airport
Public / Semi-Public
Parks & Open Space
Golf Course
Utility & Railroad
RIght-of-Way
CityLimits
290 0 290145 Feet
Project Site
VALLEY VIEW
ONTARIOHURONFRANKLINSUPERIORQUEB
E
C
EIDEWESTGATE
MANITOB
A
VANCOUVERCity of Eden Prairie Zoning Map
In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail.
¯
Shoreland Management Classifications
100 - Year Floodplain
Natural Environment Waters
Recreational Development Waters
General Development Waters (Creeks Only)GD
NE
RD
Up dated through approved Ordinances #26-2008
Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition
Date: March 1, 2009
0 0.150.075
Miles
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008
Zoning Map: Eden Ridge EstatesAddress: 15817 Valley View RoadEden Prairie, MN 55344
Rural
R1-44 One Family- 44,000 sf. min.
R1-22 One Family-22,000 sf min.
R1-13.5 One Family-13,500 sf min.
R1-9.5 One Family-9,500 sf min.
RM-6.5 Multi-Family-6.7 U.P.A. max.
RM-2.5 Multi-Family-17.4 U.P.A. max.
Office
Neighborhood Commercial
Community Commercial
Highway Commercial
Regional Service Commercial
Regional Commercial
TC-C
TC-R
TC-MU
Industrial Park - 2 Acre Min,
Industrial Park - 5 Acre Min.
General Industrial - 5 Acre Min.
Public
Golf Course
Water
Right of Way
CityLimits
Project Site
Proposing to rezone from Rural to R1-9.5
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Aerial Map: Eden Ridge EstatesAddress: 15817 Valley View RoadEden Prairie, Minnesota
0 190 38095 Feet
Project SiteVancouverRd.M a n ito b a R d .QuebedCir.Franklin Cir EWestgate Ln.
Wes tgate
D
r.HuronPl.SuperiorTer.OntarioBlvd.Valley View Rd.
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 10, 2020
COMMISSION MEMBERS:
CITY STAFF:
7:00 PM—CITY CENTER Council Chambers
8080 Mitchell Road
John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher
Villarreal, Carole Mette
Julie Klima, City Planner; Rod Rue, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; Kristin Harley, Recording Secretary
I. CALL THE MEETING TO ORDER
Chair Farr called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission members Pieper, DeSanctis and Villarreal were absent.
III. APPROVAL OF AGENDA
MOTION: Higgins moved, seconded by Mette to approve the agenda. MOTION
CARRIED 5-0.
IV. MINUTES
MOTION: Kirk moved, seconded by Weber to approve the minutes of January 27, 2020.
MOTION CARRIED 5-0.
V. PUBLIC HEARINGS
EDEN RIDGE, LLC (2019-20) Request for:
• Planned Unit Development Concept Review on 4.3 acres
• Planned Unit Development District Review with waivers on 4.3 acres
• Zoning District Change from Rural to R1-9.5 on 4.3 acres
• Preliminary Plat to divide 2 lots into 10 lots on 4.3 acres
Jeff Schoenwetter, CEO and founder of JMS Custom Homes, presented a PowerPoint and explained the application. He also introduced project engineer
PLANNING COMMISSION MINUTES February 10, 2020 Page 2
Aaron Carroll and project manager and director of Homestead Partners, Ralph Murphy. He introduced JMS Custom Homes as a local developer of over 100 developments in the Twin Cities, most recently of Eden Gardens. All homes building are proposed to be green path certified, and are typically single-family homes with a detached garage. The project is a PUD rather than a conventional
plat due to the waivers requests. Ten market-rate homes would be built on 4.7 acres creating a small infill, intimate cul-de-sac. Utilizing low impact site development strategies, these homes would be more efficient than most. There were no significant sidewalks within the plat, but had bike and walking trails
nearby. One issue to consider tonight was the City staff’ request for two
streetlights, whereas the applicant was proposing an alternative that had been successful in other communities: have only on streetlight at the intersection, and in lieu of the second streetlight, the developer would place coach lamps on the garages or recessed LED soffit lighting on every single home that would be controlled by a photo cell on each house. These would contribute a “warm,
naturally-lit street” rather than the intensity of a streetlight. This lighting would be included in the HOA documents and covenants.
Schoenwetter displayed a map of the site showing the elevations and the housing
accommodations to the grade changes. He displayed the floor plans and elevations
of models derived from previous developments featuring multiple elevations and an ergonomic floor plan. The amount of differing models would prevent a “cookie-cutter” development.
Farr asked Schoenwetter to describe the neighborhood meeting. Schoenwetter
replied there were 17 attendees predominantly concerned with density, quality of homes, tree removal and replacement, attached-or affordable-housing, water management and draining. Two ponds would be built and the site grading plan would eliminate standing water issues. Once the developer discussed these issues,
the feedback was overwhelmingly positive. Farr noted the cul-de-sac was
narrower than standard and with no sidewalk. Schoenwetter stated that relatively short cul-de-sac and existing trail systems satisfied the need for connectivity. This prevented shoveling sidewalks also. Farr also observed there was no street parking provided. Schoenwetter replied the development would provide sufficient off-street parking to address the needs of the residents, while sparing them the
chore of shoveling sidewalks. He could not guarantee no one would park on the street, but it was more likely they would park in the driveways.
Mette asked if Schoenwetter had reached out to the additional house directly west
and asked if the owner was not interested in selling. Schoenwetter replied that
owner did not want to sell and was indeed contacted. Mette noted the one property that was rather large for a single-family home would not work well subdivided but asked if the cul-de-sac could be moved over to make that subdivision possible. Schoenwetter replied the grading and the lack of length at that parcel prohibited such a move.
PLANNING COMMISSION MINUTES February 10, 2020 Page 3
Klima presented the staff report. This was a PUD, preliminary plat, and rezoning request. The zoning change to R1-9.5 was consistent with the Comprehensive Plan. The applicant was also seeking waivers for lot width. Staff recommended approval subject to the conditions outlined in the staff report. The applicant has
already addressed some of the conditions, including the tree replacement.
Farr asked if this cul-de-sac would be a City right-of-way. Rue replied this would indeed be a public street. Farr asked for Rue’s response to a narrower curb-to-curb
dimension. Rue replied the street as proposed was not narrower than a standard
street. A sidewalk there would serve a small number of houses whereas the trail would serve all of these residents. Farr asked his opinion of the eight percent slope. Rue replied eight percent was the maximum, and general the City would have that be in the two-percent range coming up to a stop condition. Farr asked the life expectancy of the long wall along Valley View Road. Rue replied it would
be replaced at some point by the City.
Kirk stated his residence was a similar circumstance to this development, and the residents did not miss having a sidewalk at all. He thought it less important than
the streetlight itself. Higgins asked for City staff’s response to the streetlight
proposal. Rue replied it was standard practice to put in streetlights in new residential developments. Staff requested a streetlight both at the intersection and in the “bulb” of the cul-de-sac. It was up to the commission to recommend differently. Farr asked if there was precedence in Eden Prairie for such a departure. Rue replied there were old neighborhoods without streetlights, but
since the 1980s that standard streetlight was included in all residential developments. Farr stated he had heard about the glare on standard streetlights versus the less glaring downward-cast lumières and asked if the standard streetlight was the only choice. Rue replied there was a “cobra-head” type for
commercial areas, and there was a coach light style owned by Xcel which utilized
LEDs. The older style of streetlight was more diffused. However, the conversion to LEDs made these less diffuse. Farr asked if less diffuse lighting could contribute to any significant increase in crime, according to police departments. Rue replied he was not sure he could answer that; of course lighting on a public street was important. The difference was between a uniform diffuse light in
commercial areas, and the nonuniform pattern of dark and light in residential areas. Schoenwetter agreed the standard lighting developing since the 1980s were put in for security, but today this new design, using LEDs, would last longer and be warmer and less intrusive. Safety would not be compromised. Farr asked
whose responsibility it would be to maintain this nonstandard LED, recessed
lighting. Schoenwetter replied the responsibility would be the homeowner’s but the requirement to maintain it would be in the HOA documents making it the Homeowner’s Association responsibility in the case of a “bad actor.”
PLANNING COMMISSION MINUTES February 10, 2020 Page 4
Kirk stated he often drove through an older neighborhood with older lighting; street lighting was absolutely a requirement. However, the new LED streetlights were inoffensive. To his mind the question was between the newer LED streetlights, developed since the 1980s, versus this creative new approach by the applicant. Farr thanked him and noted all the master bedrooms were either on the
side or rear of the house, not facing any street lighting. Mette stated she lived in a cul-de-sac two blocks east of the development with only one streetlight, and while she agreed that light was necessary for safety, in her opinion what the applicant was proposing was superior to a streetlight and would be a benefit to the
neighborhood. She added she was glad her cul-de-sac did not have a sidewalk,
and hers had 14 homes. She did not see this as a safety issue.
Kenneth Sien, of 7400 Ontario Boulevard, asked if the developer would be replacing a retaining wall. His property abutted Valley View Road and asked if this was the one to be replaced, and with what result.
Leslie Scharpen, of 7312 Franklin Circle, asked why the development included 10 lots instead of eight, since eight would probably not require the width waiver. Also, he asked if the developer’s creative lighting plan was due to a wish not to
provide electricity under the street. He added he also heard the residents would
not park on the street, but he worried about the addition of curbs, traffic flow and noted some people did indeed park on the street. He expressed concern about visitors and the accommodation of emergency vehicles.
Coleen Morehouse, of 7470 Ontario Boulevard, expressed concerns about
drainage. Her household had had water issues in her backyard, and there was a culvert beneath the driveway of this development which froze, causing water to back up in her house. The City looked at this and opened the culvert, but said it would not open it again due to it not being City property. She feared a repeat of
this nuisance.
Kirk stated he would like more detail about the proposed stormwater handling.
Farr said he did not believe the wood timber retaining wall along Valley View Road was deteriorating or would be replaced any time soon. Engineer Aaron
Carroll replied there was an existing retaining wall directly in front of the development which would be left intact to preserve a large heritage tree. Sien’s property to the east had a different retaining wall not involved in this consideration. Regarding the culvert, it was an eight inch pipe (actually a mix of
pipes) beneath the driveway, but the development would provide a much larger
pipe. There would be a clear opening to a 15-inch concrete pipe to convey the water to the north. None of the existing conditions were worsened. Rather the pipes were lowered and the drainage improved. The Watershed was looking at the plan. The drainage would not cross Ms. Morehouse’s property even in the worst-case scenario.
PLANNING COMMISSION MINUTES February 10, 2020 Page 5
Schoenwetter stated the density was not negotiable with regard to affordability. The lots were actually larger than many lots in Eden Prairie and fully sufficient to accommodate this price point. Reducing density would increase costs. Farr asked for and received confirmation from Rue the cul-de-sac street size was actually of
standard size. Rue added that parking is allowed on one side. Most homes had garages, at least a double-and many a triple-car garage. Farr asked for and received confirmation from Klima the City could not enforce additions or retractions on private HOA covenants the commission could make.
Mette stated “no parking” signs could be erected if parking on the street became an issue. She thought the street could accommodate extra visitor parking. Two houses per acre was still low density, so the number of houses was acceptable. Kirk agreed, and added the benefit of living on a cul-de-sac, particularly near the “bulb,” was the relatively large lot but a small footprint toward the street. He
found this development to be a reasonable compromise. He was intrigued by the proposed lighting alternative.
Weber disagreed, saying he was uncomfortable with the surprise of this creative
lighting plan. He lived on a major corner and his exterior lights did not reach the
end of his driveway, whereas the streetlights did a better job of illuminating the street. He was not sure the commission should be called upon to approve an unknown design.
MOTION: Weber moved, seconded by Higgins to close the public hearing. MOTION CARRIED 5-0.
Discussion followed on the streetlight alternative provided by the applicant. Mette stated she understood Weber’s point, but suggested making the lighting an option
subject to staff approval. She asked if a streetlight required a waiver. Farr clarified
staff recommended approval of this project with the second streetlight; the extra unknown contributed by the applicant was not a part of staff’s recommendation or this commission’s vote. Mette thanked Farr, and asked what would happen had the developer come to staff with the lighting change after the Planning Commission’s vote.
Klima replied Farr was correct: the original plans did not include the light at the end of the cul-de-sac, and staff requested the plans be revised to include it. These are the plans being considered tonight. As an advisory body, the commission
could only recommend to the City Council. Had this been raised sometime in the
future, it would depend upon the timing: after the development agreement was signed, the plans would have to be changed to be consistent with City policy, and it would not be brought back to the commission. Higgins asked if it was possible for the developer to bring this before the City Council. Klima replied the developer could bring this before the City Council and ask the same question.
PLANNING COMMISSION MINUTES February 10, 2020 Page 6
Kirk stated he was sure the City Council would hear and take counsel from the Planning Commission’s discussion, so a discussion was fruitful. He stated he was “on the fence” on this issue, and Farr added he was as well. Farr urged coming to a consensus or at least show findings in the minutes.
Higgins noted that house lighting can work well. Mette stated she was cautiously for the creative solution as long as City staff found it acceptable, which might involve the Public Safety and Engineering departments. She called for a lighting plan. Weber clarified he would be in favor of the creative solution if it was
sufficient lighting, but did not have sufficient information on this. The
commission same out in favor of retaining the standard streetlight design until proven otherwise.
Farr commended the development with the varied elevations with front porches that promoted a walkable community and was in full compliance with tree
replanting. Kirk agreed and added the water management around this development would be an improvement and beneficial to the environment as well. Higgins concurred and congratulated the developer. She also thanked the public for attending and speaking.
Rue added the retaining walls along Valley View Road were built when Valley View Road was constructed, and thus were City walls. Some were wooden and bowing; the City had been monitoring them. They were slated for replacement within the next ten years. The City would make every attempt to save nearby trees, but some trees could be lost. A concrete wall would most likely replace the
wooden walls. There would be no changes to the plat.
MOTION: Weber moved, seconded by Kirk to recommend approval of the Planned Unit Development Concept Review on 4.3 acres, a Planned Unit
Development District Review with waivers on 4.3 acres, a Zoning District
Change from Rural to R1-9.5 on 4.3 acres, and a Preliminary Plat to divide two lots into 10 lots and two outlots on 4.3 acres based on plans stamp-dated January 21, 2020 and the staff report dated January 5, 2020. MOTION CARRIED 5-0.
VI. PLANNERS’ REPORT
VII. MEMBERS’ REPORTS
VIII. ADJOURNMENT
MOTION: Weber moved, seconded by Higgins to adjourn. MOTION CARRIED 5-0. The meeting was adjourned at 8:20 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/Sarah Strain
ITEM DESCRIPTION:
Golden Triangle Industrial Development
ITEM NO.:
IX.B.
Requested Action
• Close the Public Hearing; and
• Adopt a Resolution for Planned Unit Development Concept Review on approximately
10.258 acres
• Approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers and a Zoning District Change from Rural to Industrial I-2 and Parks and Open Space on 10.258 acres
• Adopt a Resolution for a Preliminary Plat of one lot into one lot and one outlot on 10.258 acres
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions
Synopsis The applicant is requesting to construct an approximately 130,130 square foot, single story industrial building on the southwest corner of Valley View Road and Golden Triangle Drive. The property is currently zoned Rural and is proposed to be rezoned to Industrial I-2 and Parks
and Open Space. The building is designed to be flexible to accommodate a range of tenant needs, and it complies with architectural standards for the Industrial Zoning District, shown in the image below.
The Site Plan is for an anticipated building use of 80 percent warehouse and 20 percent office. Parking will be located in front of the building and along the southern property line with truck docks along the back, western side of the building. The site meets parking requirements for this usage percentage, including 26 spaces provided as proof of parking. One electric vehicle
charging station is also proposed. There will be one access on Golden Triangle Drive and two on
Valley View Road, one for trucks and one for vehicles.
An Alternative Site Plan was also submitted to show how parking could be accommodated on
the site with different building uses, up to 50 percent warehouse, 25 percent office, and 25
percent manufacturing. In the Alternative User Site Plan, 294 parking spaces can be provided to meet tenant needs. With lower warehouse use in the Alternative User Site Plan, it is proposed that unused dock doors will be converted to materials consistent with the other façade materials and comply with architectural standards. Aside from parking and dock doors, all other site plan
elements are the same between the Site Plan and the Alternative User Site Plan.
Outlot An approximately one (1) acre outlot covering all of the wetland on the property and most of the wetland buffer is proposed to be created, placed in a conservation easement, and deeded to the City. This outlot is adjacent to a City owned conservation area. Placing the outlot in conservation
easement and deeding to the City will help to preserve the wetlands on and adjacent to the site.
Staff proposes this outlot be zoned to Parks and Open Space to be consistent with the adjacent, City owned property. Staff will be bringing a Comprehensive Plan Amendment forward to reguide this outlot to Parks and Open Space. The rezoning of this outlot is recommended to be contingent upon Metropolitan Council approval of a Comprehensive Plan Amendment.
Landscaping and Tree Replacement The applicant is requesting a waiver from the provision that requires single-story structures over 20 feet to be considered two (2) story structures, which doubles the amount of required landscaping. With this waiver, the site will require 407 caliper inches of landscaping. The
Landscape Plan exceeds landscaping requirements. The site requires 684 caliper inches of tree
replacement, and 159 inches will be planted for tree replacement. The remainder of the tree replacement inches will be paid as cash in lieu as allowed by City Code. Staff will be reviewing the provision requiring single story buildings over 20 feet to be
considered two (2) stories for landscaping requirement purposes to determine if code needs to be
revised, given its seldom use and concerns about long term maintenance of project sites. Sidewalks and Trails There are existing sidewalks along Valley View Road and Golden Triangle Drive. The applicant
will construct three (3) sidewalks connecting the existing sidewalks to the building entrances.
Bicycle parking for 22 bicycles will be provided at the north end of the site next to the proposed sidewalk connection to Valley View Road. To create clear pedestrian pathways in the Alternative User Site Plan, the applicant is proposing painted crosswalks to guide pedestrians from the western parking lot to the back doors.
Requested Waivers The applicant is requesting four waivers as part of this project. The waivers may be reasonable given the unique nature of this project and property constraints. Following is a list of the waivers being requested:
• Landscaping Requirements for Single-Story Structures over 20' City Code currently requires single story buildings over 20 feet tall to be considered two (2) stories for landscaping requirement purposes. The Waiver
allows compliance with landscaping requirements for a single story structure.
• Front Yard Setback The property has two front yards along Golden Triangle Drive and Valley View Road. Front yard setbacks in the I-2 zoning district are 50 feet. The Waiver allows for a 36 foot front yard setback along Valley View Road.
• Driveway Width The maximum driveway width is 30 feet. The Waiver allows for a 64 foot
driveway width for the westernmost access on Valley View Road.
• Base Area Ratio & Floor Area Ratio The maximum Base Area Ratio (BAR) and Floor Area Ratio (FAR) permitted in the Industrial I-2 District is 0.3 for single story structures. The Waiver allows for a BAR/FAR of 0.35. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the February 24, 2020 meeting. The applicant has revised the plans at the request of staff and the Planning Commission to meet landscaping requirements for both the Site Plan and the Alternative User Site Plan and to include pedestrian crosswalks in the western parking lot of the Alternative User
Site Plan. Bicycle parking has also been added to the site at the request of the Planning Commission and staff. Attachments 1. Resolution for PUD Concept 2. Resolution for Preliminary Plat 3. Ordinance for PUD and Rezone 4. Staff Report 5. Guide Plan Map
6. Zoning Map 7. Aerial Map 8. Planning Commission Minutes
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT
FOR OPUS DEVELOPMENT
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 February 24,
2020, on Golden Triangle Industrial Development by Opus Development 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 March 17th, 2020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Golden Triangle Industrial Development, 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 March 5, 2020.
3. That the PUD Concept meets the recommendations of the Planning Commission dated February 24, 2020.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of March, 2020.
_______________________
Ronald A. Case, Mayor
ATTEST:
______________________________ Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept
Legal Description Before Final Plat
That part of the Southwest Quarter of the Northeast Quarter (SW ¼ of NE ¼) lying southerly of
Valley View Road and westerly of Golden Triangle Drive, and that part of the Northwest Quarter of
the Southeast Quarter (NW ¼ of SE ¼) lying west of Golden Triangle Drive and north of the westerly extension of the south line of 74th Street West, all in Section 12, Township 116, Range 22, Hennepin County, Minnesota.
Legal Description After Final Plat Lot 1, Block 1 and Outlot A, Golden Triangle Industrial, Hennepin County, Minnesota
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT FOR OPUS DEVELOPMENT
BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Golden Triangle Industrial Development for Opus Development
stamp dated March 5, 2020, and consisting of 10.258 acres into 1 lot and 1 outlot, a copy of
which is on file at the City Hall, is found to be in conformance with the provisions of the Eden
Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject
to approval of the 2nd reading of the Ordinances for the Planned Unit Development District
Review with waivers and a Zoning District change and approval of the Development Agreement.
ADOPTED by the Eden Prairie City Council on the 17th day of March, 2020.
_______________________________
Ronald A. Case, Mayor
ATTEST:
__________________________
Kathleen Porta, City Clerk
GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. ___-2020-PUD-_-2020___ AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Rural District and be placed in the I-2 District and Parks and Open Space as noted in Exhibit A PUD- _-2020-__. Section 3. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of ________, 2020, entered into between Opus Development
Company, LLC, and the City of Eden Prairie. The Development Agreement contains the terms and conditions of PUD- _-2020-___, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings:
A. PUD-_-2020- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2020- 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-_-2020- are justified by the design of the development described therein.
D. PUD-_-2020- 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 District and shall be included hereafter in the I-2 District and Parks and Open Space respectively as noted in Exhibit A, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision1, Subparagraph B, shall be, and are amended accordingly. The rezoning to Parks and Open Space is contingent upon Metropolitan Council
approval of a Comprehensive Plan amendment reguiding land as noted in Exhibit A to Parks and
Open Space.
Section 6. City Code Chapter 1, entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated
verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
17th day of March, 2020, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ____ day of ________, 2020.
ATTEST:
_____________________________ _____________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on__________________, 2020.
EXHIBIT A
Legal Description Before Final Plat
That part of the Southwest Quarter of the Northeast Quarter (SW ¼ of NE ¼) lying southerly of
Valley View Road and westerly of Golden Triangle Drive, and that part of the Northwest Quarter of the Southeast Quarter (NW ¼ of SE ¼) lying west of Golden Triangle Drive and north of the westerly extension of the south line of 74th Street West, all in Section 12, Township 116, Range 22, Hennepin County, Minnesota.
Legal Description After Final Plat Lot 1, Block 1 and Outlot A, Golden Triangle Industrial, Hennepin County, Minnesota
Property to be removed from Rural and rezoned to I-2: Lot 1, Block 1, Golden Triangle Industrial, Hennepin County, Minnesota Property to be removed from Rural and rezoned to Parks and Open Space: Outlot A, Golden Triangle Industrial, Hennepin County, Minnesota
STAFF REPORT
TO: Planning Commission FROM: Sarah Strain, Planner I
DATE: February 24, 2020
SUBJECT: Golden Triangle Industrial Development
LOCATION: SW Intersection of Valley View Road and Golden Triangle Drive
REQUEST: • Planned Unit Development Concept Review on 10.258 acres
• Planned Unit Development District Review on 10.258 acres
• Zoning District Change from Rural to Industrial I-2 on 10.258 acres
• Site Plan Review on 10.258 acres
• Preliminary Plat of one lot and one outlot 10.258 acres
BACKGROUND The applicant is proposing to construct an approximately 130,130 square foot, single story industrial building. The 10.258 acre site is located on the southwest corner of Valley View Road and Golden
Triangle Drive. The site is currently undeveloped and is surrounded by industrial buildings on the
north, east, and south sides. The west side of the
property is adjacent to the Nine Mile Creek
Conservation Area, a city-owned conservation area.
The site used to operate as a gravel pit and has
since been filled. Some topography from this pit
remains, and the site slopes down to Nine Mile
Creek in the west. Most of the trees on the site are located along the wetland area.
ZONING
The property is currently zoned Rural. The
applicant is proposing to re-zone the property to
Industrial I-2. The proposed zoning change is
consistent with the current guiding of the property in the Guide Plan.
SITE PLAN AND PRELIMINARY PLAT
The applicant is proposing to construct an approximately 130,130 square foot, single story industrial
building. The proposed building complies with most setbacks, and the applicant is requesting a
waiver from the front yard setback along Valley View Road. The building will be multi-tenant and is
designed to be flexible to accommodate a range of user needs. The anticipated usage of the building
Staff Report – Golden Triangle Industrial Development
February 24, 2020 Page 2
2
is 80 percent warehouse and 20 percent office. Based on this
usage, 182 parking spaces are
required by City Code. These
spaces are provided in surface
parking lots on the east and south sides of the building. Code allows up to 15 percent of required
parking to be located in proof of
parking. 26 of the required spaces
are included as proof of parking,
which is 15 percent of the
required number of spaces. The proof of parking is located along the western edge of the truck dock
area. Parking spaces, drive aisles,
setbacks, and dimensions comply
with code requirements.
There are three (3) proposed accesses; two (2) on Valley View
Road, one (1) for freight trucks
and one (1) for vehicles, and one
(1) vehicle access on Golden
Triangle Drive at the intersection of W 74th Street. 21 truck docks are proposed along the west side of the building, two (2) of those being drive-in spaces.
An approximately one (1) acre outlot covering all of the wetland on the property and most of the
wetland buffer is proposed to be created, placed in a conservation easement, and deeded to the City.
This outlot, outlined above, is adjacent to City owned conservation area. Placing this area in conservation easement and deeding to the City will help to preserve the wetlands on and adjacent to the site. The site meets City and watershed district shoreland setback requirements and is outside of
the shoreland area.
The applicant also submitted an Alternative User Site Plan (Sheet C3.02), which provides site details
for a building usage of 50 percent warehouse, 25 percent manufacturing, and 25 percent office. The
alternative site plan shows 294 parking spaces, which is the full amount required by code. Parking spaces, drive aisles, setbacks, and dimensions comply with code requirements. With this shift in
Staff Report – Golden Triangle Industrial Development
February 24, 2020 Page 3
3
building usage and parking alterations, the number of truck docks would likely decrease from 21 to 14. Separate grading, erosion control, utility, and landscape plans have also been provided for the
Alternative User Site Plan.
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.
As a part of the PUD process, the applicant is seeking waivers to City Code requirements as outlined below.
• Landscaping Requirements for Single-Story Structures over 20'
City Code currently requires single story buildings over 20 feet tall to be considered two
(2) stories for landscaping requirement purposes. The applicant is requesting a waiver
from this standard and seeks to comply with landscaping requirements for a single story
structure. This provision requiring single story buildings over 20 feet tall to be considered two (2)
stories for landscaping requirement purposes has been seldom used in the City’s history.
Most buildings taller than 20 feet have multiple stories of usable floor space, and the
square footage of those floors are factored into landscaping requirements. In this
proposal, the building is tall to accommodate a range of industrial uses that are demanded by the market. The height is not intended to allow additional office or floor space that would add to the overall square footage of the building. Additionally, planting 814 inches
of landscaping would be difficult to sustain for the site long term. Staff will be reviewing
the provision requiring single story buildings over 20 feet to be considered two (2) stories
for landscaping requirement purposes to determine if code needs to be revised, given its
seldom use and concerns about long term maintenance of the site.
The landscaping requirements and proposed landscape plan for the site, due to the size of the building, are robust. The proposed landscape plan exceeds the requirements for a
single story, 20 foot building.
• Front Yard Setback
The property has two front yards along Golden Triangle Drive and Valley View Road.
Front yard setbacks in the I-2 zoning district are 50 feet. The proposed building meets this
requirement along Golden Triangle Drive but is requesting a waiver from the front yard
Staff Report – Golden Triangle Industrial Development
February 24, 2020 Page 4
4
setback along Valley View Road. The applicant is requesting a waiver for an approximately 36 foot front yard setback along Valley View Road.
A mixture of deciduous and coniferous trees will be planted along the north side of the
building to provide a buffer and screening between the building and the sidewalk and
road.
• Driveway Width The maximum driveway width is 30 feet. The applicant is requesting a waiver from this
requirement for the westernmost access on Valley View Road to construct a 64 foot driveway width. This westernmost access is primarily for trucks, which have wider turns and cannot make the turn safely from Valley View Road into the site without a wider
driveway at the curb. Other properties with truck traffic along Valley View Road and
Golden Triangle Drive have wider openings than 30 feet.
• Base Area Ratio & Floor Area Ratio
The maximum Base Area Ratio (BAR) and Floor Area Ratio (FAR) permitted in the
Industrial I-2 District is 0.3 for single story structures. The applicant is proposing a
BAR/FAR of 0.35. The increased area ratio is due in part to the deeding of the outlot to the City. If the one (1) acre outlot were to be included in the area ratio calculations, since it is part of the existing parcel, the site would meet code requirements. The deeding of the
outlot to the City preserves the ecological resources of the area, including Nine Mile
Creek.
The narrative also mentions a parking lot setback waiver request, but plans have been updated to
meet code requirements, and this waiver is not needed.
LANDSCAPE AND TREE REPLACEMENT PLAN
The site requires 684 caliper inches of tree replacement and 814 inches of landscaping. The applicant
is requesting a waiver from the provision that requires single-story structures over 20 feet to be
considered two (2) story structures, which doubles the amount of required landscaping. With this
waiver, the site will require 407 caliper inches of landscaping. The applicant intends to count any caliper inches over the landscaping requirement toward tree replacement and to pay cash in lieu for the remainder of the caliper inches as allowed by City Code.
The Landscape Plan does not currently meet code requirements. Only 80 percent of trees planted may
be the minimum size requirement. Currently, 88 percent of trees on the site are the minimum size.
Additionally, only 20 percent of landscaping requirements may be met with understory trees. The current plan uses understory trees for 24 percent of the landscaping requirements. Further, all parking
Staff Report – Golden Triangle Industrial Development
February 24, 2020 Page 5
5
lot islands need to be planted with ground cover, grasses, or shrubs. These items will need to be addressed on both the Landscape Plan and the Alternative User Landscape Plan. Staff will continue
to work with the applicant to increase the size of trees planted on this site, which may lower the
overall number of trees, and to ensure all parking islands are planted. Prior to 1st reading, the
landscape plan should be updated to incorporate larger tree sizes and parking island plantings to meet
these requirements and better fit the size and scale of the building.
Code allows a maximum of 25 percent of required caliper inches to be comprised of shrubs and planting beds. There are currently an excess of 56.8 caliper inches on the site planted as shrubs that
are not being counted toward landscaping requirements. While this maximum is in place for
calculation purposes, the abundance of shrubs will make the site feel more landscaped than caliper
inch calculations suggest.
ARCHITECTRUAL STANDARDS The building complies with architectural standards for the Industrial Zoning District. All façades
will be precast concrete panels with exposed aggregate and provide windows or glass doorways
to allow for natural lighting. The applicant proposes to use three (3) different colors of panels to
provide visual interest along all façades. Building entrances are recessed to provide façade
articulation, and the roofline on the north, east, and south façades will be varied with metal parapets. The main entrances on the east side of the building will be covered by bright colored canopies, shown in the rendering below. Façades with dock doors are exempt from articulation
requirements, but the façade complies with all other architectural standards.
SIDEWALKS AND TRAILS
There are existing eight (8) foot sidewalks along Valley View Road and Golden Triangle Drive. The
applicant is proposing to construct two (2), six (6) foot sidewalks connecting the building entrances
to the existing trail on Golden Triangle Drive and one (1), six (6) foot sidewalk from the
northernmost entrance to the existing sidewalk on Valley View Road. City Code requires pedestrian connections in parking lots to connect pedestrians to the building.
In the Alternative User Site Plan, there are no connections or crosswalks guiding pedestrians
Staff Report – Golden Triangle Industrial Development
February 24, 2020 Page 6
6
from their cars to the back doors or around the building to the front doors. Prior to 1st reading, the Alternative User Site Plan should be updated to add connections or crosswalks in the western
parking lot to guide pedestrians to entrances and highlight pedestrian areas for trucks and other
vehicles.
GRADING & DRAINAGE The applicant is proposing to construct two (2) infiltration basins to manage stormwater. A small basin will be located near the intersection of Golden Triangle Drive and Valley View Road, and a larger basin will be constructed in the northwest corner of the site. This larger basin will manage
most of the site’s stormwater. All portions of the larger infiltration basin are outside of the outlot.
The stormwater management meets city requirements. There is a small retaining wall located near
the southern property line due to the small grade change to accommodate parking. The proposed wall
is less than four (4) feet tall.
LIGHTING
Downcast, wall mounted lights will line the east, south, and western exteriors of the building. Light
poles will be provided around the perimeter of the parking lot. The Photometric Plan complies with
code requirements. Lighting in the west portion of the parking lot has been located in a way that
should the proof of parking need to be built, or the Alternative User Site Plan is implemented, the installed lights will become part of parking lot islands. Parking lot lighting will be required to be downcast and cut-off.
SIGNS
The applicant is proposing wall signs near the building entrances for tenants and a building
identification sign near the top of the building. Freestanding signs are also proposed on both Valley View Road and Golden Triangle Drive, but proposed locations are not provided. As a corner lot, two freestanding signs are permitted by code. All proposed signs will require review and approval
through the sign permit process and compliance with Section 11.70.
UTILITIES The proposed building will be connected to municipal sewer along the south side of the building and
to water along the west side of the building. The applicant is proposing five (5) new hydrants on the site, three (3) along the west side of the building and two (2) along the east side of the building.
SUSTAINABILITY FEATURES
The applicant is proposing several sustainability features, including LED lighting throughout the site,
native vegetation, insulated panel construction, and an electric vehicle charging station at the
southeast entrance.
Staff Report – Golden Triangle Industrial Development
February 24, 2020 Page 7
7
NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on January 28, 2020. Of the 12 property owners invited,
no one attended.
STAFF RECOMMENDATION Staff recommends approval of the following request:
• Planned Unit Development Concept Review on 10.258 acres
• Planned Unit Development District Review on 10.258 acres
• Zoning District Change from Rural to Industrial I-2 on 10.258 acres
• Site Plan Review on 10.258 acres
• Preliminary Plat of one lot and one outlot 10.258 acres
This recommendation is based on plans stamp dated February 12, 2020, staff report dated February
24, 2020, and the following conditions:
1. Prior to 1st reading before the City Council, the applicant shall: a. Revise landscape plan to comply with code requirements regarding minimum tree
sizes, understory inches permitted, and parking island plantings.
b. Revise the Alternative User Site Plan to include pedestrian connections in the
western parking lot to guide pedestrians and highlight pedestrian areas for vehicles.
2. Prior to Final Plat approval, the applicant shall a. Sign special assessment agreement for City trunk sewer and water assessment fees.
b. Submit detailed storm water runoff, wetland, utility, and erosion control plans for
review by the City Engineer and Watershed District.
c. The documentation, legal description, and execution of the sidewalk easement.
d. The documentation, legal description, and execution of the conservation easement.
3. Prior to land alteration permit issuance, the applicant shall: a. Submit a landscaping /tree replacement letter of credit or escrow surety equivalent to
150% of the cost of the landscaping /tree replacement.
b. Obtain and provide documentation of Watershed District approval.
c. Notify the City and Watershed District 48 hours in advance of grading.
d. Install erosion control at the grading limits of the property for review and approval by the City. e. Pay the appropriate tree replacement fee.
4. Prior to building permit issuance for the property, the applicant shall:
a. Pay the appropriate cash park fees.
Staff Report – Golden Triangle Industrial Development
February 24, 2020 Page 8
8
5. The following waivers have been granted through the PUD District Review for the project as
indicated in the plans stamp dated February 12, 2020.
• Landscaping Requirements for Single-Story Structures over 20'
City Code currently requires single story buildings over 20 feet tall to be
considered two (2) stories for landscaping requirement purposes. The applicant is
requesting a waiver from this standard and seeks to comply with landscaping
requirements for a single story structure.
• Front Yard Setback The property has two front yards along Golden Triangle Drive and Valley View
Road. Front yard setbacks in the I-2 zoning district are 50 feet. The applicant is requesting a waiver for a 36 foot front yard setback along Valley View Road.
• Driveway Width The maximum driveway width is 30 feet. The applicant is requesting a waiver from this requirement for the westernmost access on Valley View Road to
construct a 64 foot driveway width.
• Base Area Ratio & Floor Area Ratio The maximum Base Area Ratio (BAR) and Floor Area Ratio (FAR) permitted in
the Industrial I-2 District is 0.3 for single story structures. The applicant is
proposing a BAR/FAR of 0.35.
6. All signage shall require review and approval of a sign permit and shall comply with Section 11.70.
VALLEY VIEW RDW 74TH ST
GOLDEN TRIANGLE DRCity of Eden Prairie Land Use Guide Plan Map 2010-2040
¯
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008
Guide Plan Map: Golden Triangle Industrial DevelopmentAddress: SW Intersection of Valley View Road & Golden Triangle Drive (No Assigned Address), Eden Prairie, MN 55344
Streams
Rural
Low Density Residential
Medium Density Residential
Medium Migh Density Residential
High Density Residential
Mixed-Use
Town Center
Transit-Oriented Development
Regional Commercial
Commercial
Office
Industrial Flex Tech
Flex Service
Eco Innovation
Industrial
Airport
Public / Semi-Public
Parks & Open Space
Golf Course
Utility & Railroad
Right-of-Way 340 0 340170 Feet
SITE
DATE Approved 10-01-19
VALLEY VIEW RDW 74TH ST
GOLDEN TRIANGLE DRCity of Eden Prairie Zoning Map
In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail.
¯
Shoreland Management Classifications
100 - Year Floodplain
Natural Environment Waters
Recreational Development Waters
General Development Waters (Creeks Only)GD
NE
RD
Up dated through approved Ordinances #26-2008
Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition
Date: March 1, 2009
0 0.150.075
Miles
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008
Zoning Map: Golden Triangle Industrial DevelopmentAddress: SW Intersection of Valley View Road & Golden Triangle Drive (No Assigned Address), Eden Prairie, MN 55344
Streams
100 Year Flood Plain
500 Year Flood Plain
Rural
R1-44 One Family- 44,000 sf. min.
R1-22 One Family-22,000 sf min.
R1-13.5 One Family-13,500 sf min.
R1-9.5 One Family-9,500 sf min.
RM-6.5 Multi-Family-6.7 U.P.A. max.
RM-2.5 Multi-Family-17.4 U.P.A. max.
Office
Neighborhood Commercial
Community Commercial
Highway Commercial
Regional Service Commercial
Regional Commercial
TC-C
TC-R
TC-MU
Industrial Park - 2 Acre Min,
Industrial Park - 5 Acre Min.
General Industrial - 5 Acre Min.
Public
Golf Course
Water
Right of Way
SITE
VALLEY VIEW RDW 74TH ST
GOLDEN TRIANGLE DRCity of Eden Prairie Zoning Map
In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail.
¯
Shoreland Management Classifications
100 - Year Floodplain
Natural Environment Waters
Recreational Development Waters
General Development Waters (Creeks Only)GD
NE
RD
Up dated through approved Ordinances #26-2008
Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition
Date: March 1, 2009
0 0.150.075
Miles
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008
Zoning Map: Golden Triangle Industrial DevelopmentAddress: SW Intersection of Valley View Road & Golden Triangle Drive (No Assigned Address), Eden Prairie, MN 55344
Streams
100 Year Flood Plain
500 Year Flood Plain
Rural
R1-44 One Family- 44,000 sf. min.
R1-22 One Family-22,000 sf min.
R1-13.5 One Family-13,500 sf min.
R1-9.5 One Family-9,500 sf min.
RM-6.5 Multi-Family-6.7 U.P.A. max.
RM-2.5 Multi-Family-17.4 U.P.A. max.
Office
Neighborhood Commercial
Community Commercial
Highway Commercial
Regional Service Commercial
Regional Commercial
TC-C
TC-R
TC-MU
Industrial Park - 2 Acre Min,
Industrial Park - 5 Acre Min.
General Industrial - 5 Acre Min.
Public
Golf Course
Water
Right of Way
SITE
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 24, 2020 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher
Villarreal, Carole Mette
CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; Kristin Harley, Recording Secretary
I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission members Weber and Villarreal were absent.
III. APPROVAL OF AGENDA
MOTION: Kirk moved, seconded by Higgins to approve the agenda. MOTION
CARRIED 6-0.
IV. MINUTES
MOTION: Higgins moved, seconded by Mette to approve the minutes of February 10,
2020, amended to take out “far” from Item V on page three, third paragraph, and the
substitution of “streetlight” for “street” in the next sentence. MOTION CARRIED 6-0.
V. PUBLIC HEARINGS
THE OVERLOOK (2019-23) Request for:
• Planned Unit Development Concept Review on 27.51 acres
• Planned Unit Development District Review with waivers on 27.51 acres
• Zoning District Change from Rural to R1-9.5 on 27.51 acres
• Preliminary Plat of 3 parcels into 59 lots and 4 outlots on 27.51 acres
PLANNING COMMISSION MINUTES February 24, 2020
Page 2
Rick Packer, Land Manager of Gonyea Homes displayed a PowerPoint and
detailed the application. He noted development partners of Alliant Engineering and Braun InterTech and went through the history of the company. Gonyea Homes in the last seven years built 50 homes in Eden Prairie with a market average of one million dollars. Packer displayed a map of developments in the
area and elevations of single-level HOA-maintained homes.
This was an age-targeted development to attract a certain clientele, mainly older, not families but clients seeking low-maintenance homes who would perhaps be leaving the Cities in the winter. This was a “snow and mow” HOA-maintained
development. There would be two-car garages and traditional three-car garages in
a fifty-fifty split. The houses would be single-level. Prices would start around $550,000.00 and would abut the Hennepin Village development. When Gonyea Homes approached the City in 2018 it became clear the site could not handle high density development. 59 homes were planned, less than allowed by ordinance.
Packer displayed the prior land use showing mixed land uses of zoning low
density, medium density, and office. He detailed the many environmental constraints on site including the shoreline and the shoreline district. Packer displayed the slope analysis for this development showing 20 percent,
steep slopes. He detailed the many environmental studies conducted. One third of
the site would be preserved as open space and the endangered species in the site did not come close to the planned development, but stayed mainly on the top of the bluff.
Originally, this development was planned to connect to Hennepin Village. This
idea is still being explored, but in the meantime a trail would connect the two sites, and a cul-de-sac was proposed. If the egress/access did come through, it would be constructed in a second phase. Packer displayed historic overhead views from 1991 showing vacant land and the Christmas tree farm and empathized with
the community’s concerns about the loss of trees. A view from 2003 showed
mature trees and the Hennepin Village development which clear cut the entire site to the east. Packer assured the commission members his team tried to preserve trees among common property line. However, some were not planted on the property line and would need to be taken down for a retaining wall due to the
grade change. Feedback from nearby residents was mixed, with some saying their
view would be enhanced, and others expressing fear at seeing rooftops, which would be true. Packer said his team would replace the trees, and tried to save the trees near Spring Road, and also in the far southeast corner. However, all trees between this would be cut and then replanted after the construction of the
retaining walls. Packer displayed cross sections of the north, central, south central, south areas across the boundary of Hennepin Village and the Overlook. He disagreed with the City on the parks and open space piece. Applicant was being asked to build, with
PLANNING COMMISSION MINUTES February 24, 2020
Page 3
no park credit, a trail on Spring Road from June Grass Lane north to property line,
dedicate land and build a trail from Osprey Point to the existing trail system in the Conservation Area, and grade an area for a future trail in an area with very steep slopes. The central outlot contained environmentally sensitive features proposed to be public. This was, he asserted not a financial matter as stated in the staff
report, but a statutory matter, and statute did not say cities could extract land and
improvements without credit because it did not have value as a community playfield or park. DeSanctis noted the property description gave a topographic relief that varied 150
feet of grade from east to west, yet the topography and vegetation description
gave a high point of 890 feet and a low point of 835 feet. Packer replied there was a typo and there was a 150 feet grade change on the site. DeSanctis asked him to explain the potential impact on the endangered species. Packer replied the DNR completed a study given to staff and included diagrams of where the species were.
Klima added the DNR did a review of the endangered species provided by the
City late on Friday. Staff completed a cursory review and would continue to analyze the results and would address this in more detail at the City Council meeting if Planning Commission took action on this item tonight. However, she could say the majority of species were located in conservancy area outside the
development according to the soil types these species lived in. DeSanctis stated
there was a public water spigot that was much lower than this parcel and asked for the impact on water quality of the Miller Spring. Packer replied there would be no impact on the spring. Bourne added the Miller Spring piping came from the west side of Spring Road, eliminating any impact.
Klima presented the staff report. The applicant was requesting a rezoning from Rural to R1-9.5 with several waivers and a preliminary plat into 59 single-family lots and outlots. There would be tree replacement on site. There was no landscaping requirement because this was a development of single-family but a
tree replacement requirement was in effect. There were several waivers requested
for the over-length cul-de-sac. The HOA would need to provide authorization for any access to Junegrass Lane for construction, grading and retaining walls. The property could be platted in two phases to allow additional time for the Developer and Hennepin Village to agree on the connection. Staff recommended approval
subject to the conditions listed in the staff report.
Mette asked what impact any fertilizer or other chemical runoff would have on the unique resource of the Miller Spring as well as Riley Creek. She also asked to what extent did the City know how the creek geologically attached to the aquifer
and the potential impacts there as well. Bourne repeated the water for Miller Spring came from the west and added the City and Watershed look at the connection to the aquifer and while Riley Creek drained from Riley Lake, they were actually connected higher up. The infiltration basins’ pre-treatment would alleviate impacts.
PLANNING COMMISSION MINUTES February 24, 2020
Page 4
Farr asked if there would be an emergency access connection regardless of the negotiations, resulting in a grade change for the entire development. Klima replied the plans did show an emergency access planned in future, but the exact details were not yet defined. Since Junegrass was a private street conversations
could continue through phase one. Any agreement would address triggers for
when and how the connection would be designed. If the HOA and developer were slow to come to terms the City would turn to contingency planning, but staff was not at the point of those details that yet.
Kirk asked for the traffic report summary. Klima replied the traffic analysis
completed typically was reviewed at a staff level and not attached to staff report. Rue added this was really a traffic memo, not a full-fledged study. There were 560 trips daily out of this development from an analysis done in November envisioning different scenarios, including a Junegrass connection, and no
connection. There was a three-quarter access at Spring Road currently. These 560
trips would all access Spring Road if there was no connection and there would be no significant impact; current traffic was light. The only issue at the intersection was sightlines, and grading for the future trail would address this.
Higgins noted another portion of Hennepin Village on the west side of Spring
Road which would also be impacted. There was a controlled walkway across from Summit Oaks, and she was concerned about the construction process. People who come into the City via Flying Cloud Drive had to change their behavior due to construction. Perhaps this had lessened, but she urged caution on this old road and
suggested the City look into the temporary traffic impact on residents during
construction. DeSanctis noted there were no culture resources needing protection under Encumbrances and asked if there was a pending archeological reconnaissance study. Klima replied an archeological study done had been resubmitted to the State Archeologist for review and staff was awaiting comment.
The initial study did not show any likelihood of there being cultural resources at
the site. Resident Ken Dedeker, of 10064 Indigo Drive in Hennepin Village, introduced himself as the new President of the Master Board and the longtime President of
Prairie View Townhomes. He stated he was concerned about tree coverage and
the reason for removing trees, which would have a significant effect on views and property values today and possibly down the road. He was unable to determine the height of the proposed retaining walls, and tonight was his first view of the homes’ elevations. He was concerned about having to look at rooflines versus the
tree cover seen over the past 15-20 years, and asked if the sightlines could lots be lowered. The conifer trees replanted along retaining walls would be relatively small and make a nice barrier in 20-30 years, but not immediately. He was also concerned about over-planting; Hennepin Village had damage to sidewalks and foundations due to this. The traffic study seemed to assume there would be an
PLANNING COMMISSION MINUTES February 24, 2020
Page 5
open connection between this development and Hennepin Village and he was
concerned about trucks coming in on the lower end of Spring Road and exiting via Hennepin Village. He also had safety concerns, and asked if there would be a railing on top of the retaining walls, for without it children could be injured. There was not enough detail provided to the residents. There was the potential for
significantly increased traffic through Hennepin Village, which had children and
school buses. The connection of this development to Junegrass involved two different owners or corporations involved with the sale of land, the grade of the roadway itself, and a temporary hydrant not in its proper location, and he asked who would pay for the access and these improvements. He asked for a complete
traffic study along Flying Cloud Drive addressing how the C.H. Robinson
property would impact this as a whole. His wife had counted the number of cars having difficulty leaving the east side of Hennepin Village. He added he was not opposed to the project itself but wished to mitigate these potential impacts. He asked for more time for residents and his boards to review this plan in more detail,
as the applicant, working with staff, has not filtered down enough information to
the residents. Resident Rebecca Prochaska, of 15781 Porchlight Lane, stated her initial concerns were traffic. She urged the commission members to visit Charleston Road and
Spring Road during peak hours and try to make a left- or right-hand turn. She also
called for a complete traffic study, and added 59 homes seemed a lot. She had moved in 10 years ago and lived in Hennepin Village since 2014. There was a lot of wildlife and the protection of their habitat seemed vague. She asked how the impact would be measured. There were 2.9 billion birds lost in the USA and
Canada over last 10 years, though she understood Eden Prairie was attracting
residents and commercial development. She also said she requested the trucks to turn down beeping, and the workers cooperated. She was talking with neighbors and wanted to be cooperative, and understood it was early in the development.
Resident Gary Masche, of 1004 Indigo Drive, introduced himself as the treasurer
of the Prairie View Townhomes Homeowners Association. He added he was the college roommate of Mr. Packer. His January 5, 2020 letter was in the packet. He was not opposed to the development and appreciated the design, but had aesthetic concerns regarding the rooflines and sightlines, particularly in the south cross
section. There was a substantial elevation problem from west to east and it
seemed the top row of the development would have a grand view versus the impacted views of the current residents of Hennepin Village. He asked the Planning Commission to take these concerns into consideration. In addition he asked the commission to require more favorable setbacks to 75 feet and require as
many mature trees be conserved as possible. He also asked the commission to reexamine the placement of the homes on the slope to ensure the present residents’ horizontal sightlines would be preserved.
PLANNING COMMISSION MINUTES February 24, 2020
Page 6
Resident Jeff Davison, of 15579 Lilac Drive, agreed with the previous points. He
agreed a traffic study should be done and added the view from Hennepin Village was not just the nice view—it was the only view, and the major selling point for moving to Hennepin Village in the first place.
Resident Venkata Dendukuri, of 15611 Lilac Drive, stated he was concerned
about the extension into the Junegrass Lane impacting his property value and adding traffic to his neighborhood. Resident Alpesh Doshi, of 15605 Lilac Drive, stated he had the same concerns
about the Junegrass Lane extension. He bought his property because the existing
road was private, and he was also concerned the road would have to be widened if it was connected to this development. MOTION: Kirk moved, seconded by DeSanctis to close the public hearing.
MOTION CARRIED 6-0.
Pieper asked if more mature trees could be planted than proposed. Packer replied the issue with the property line included grading issues. Not connecting the two roads in favor of an emergency access would not solve the problem. Lowering the
site was possible, but would make the retaining walls higher and impact the same
trees. Everywhere along the property line the developer could save a tree, they did. He was happy to look at 10-12 foot trees instead and happy to work with the Association on this.
Kirk asked for and received clarification from Klima that the emergency access
was desired by the Fire Department. Pieper asked Packer to address the height of the retaining walls. Packer replied they would have a height of four feet, and any over that would have a three-and-a-half to four-foot wrought iron railing. The walls would be of engineer block, not boulders, which tended to cave in, with
waterproofing. Pieper asked him to expand upon the trucks exiting the site. Packer
replied the developer could easily keep construction traffic from going through Junegrass Lane. Higgins lamented the removal of very large trees on the west side close to
Hennepin Village that had held that soil for a long time. She asked Packer to
comment. She also asked if it had occurred to him this would present challenges to how homes are placed in that west area due to the instability of the grade. Taking those trees out would not be a simple task. Packer replied mass grading always took forethought and consideration and his partnership followed best
management practices following two or three lines of defense. The soil was sand, and the grass would be removed, which also held soil. Farr noted the sightlines on the west side of Hennepin Village residents were an issue because people gravitated toward edges naturally. Sometimes residents
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controlled these views, but in this case they did not. The developer had options in
how it could respond. The elevations were compelling, but the rooflines were very steep and had not only continuous gables but also cross gables in the opposite direction parallel to the street. He wondered if through guidance and selection of home buyers home elevations could be scattered for variety yet strategically
preserve those views at key locations. Packer replied he would be happy to look at
that; it would not be a matter of influencing buyers but of designing the home. He would work with staff and adjacent residents on this. Farr stated he had read the neighbors’ emails and letters in addition to hearing them tonight. Opinions on trees and views were a mixed response, and a uniformed approach to planting was
not the solution. He recommended planned conversations with the association and
the homeowners. Packer replied he had offered that, but his regular neighborhood contact lost his seat after nine months of conversation. He would continue the conversations and intended to treat all people the same way. DeSanctis stated the issue of trees was not just aesthetics, but the question of the impact of nesting
sites and the “feel” of the woodland area. DeSanctis asked him to consider the
impact of wildlife with the loss of mature trees, which could never truly be replaced. Kirk asked for and received confirmation from Rue that what he heard on the
traffic analysis was the net impact on Hennepin Village from this development if
there was a connection was basically zero. Rue commented traffic analysis was not an exact science, yet both neighborhoods would benefit from this connection. Kirk said he heard several people combine this issue of traffic with the C.H. Robinson development in 2018, and it sounded like two separate issues. He
wished to emphasize the commission appreciated the concern with traffic in both
developments, but one was not analogous to the other. Kirk asked if Rue saw this the same way. Rue replied he did; this development took all access off Spring Road and the C.H. Robinson traffic, while heavy in morning and evening, came from the north or east, some from Flying Cloud Drive and when that was closed,
down Pioneer Trail or Spring Road. Now they were likely to take Flying Cloud
Drive again and avoid Spring Road altogether. The majority of traffic at the C.H. Robinson site went through Charleston/Flying Cloud. Kirk concluded the traffic around this development would not have a significant impact on the traffic in Hennepin Village.
Higgins asked if staff had information from Hennepin County as to what the next stage of development along Flying Cloud Drive would be that could affect this development. Rue replied the Flying Cloud Drive project was due to be completed last year but was delayed due to the rains. Blacktop and retaining walls
remained to be completed, and the target date was June, 2020. There was an overlay plan on Flying Cloud Road and also Spring Road after the culvert replacement, and the City was also responsible for a landscaping plan along Flying Cloud within the next two years, with county funding provided.
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Pieper asked staff to speak to the management of the access road if developed, if
the streets would be wide enough. Kirk restated the question for Rue. Rue replied with any change in traffic patterns there were “winners” and “losers,” with those farthest away having the least amount of traffic and those closest having the most. Kirk asked if there would be any need to expand the right-of-way in Hennepin
Village. Rue replied that section of Junegrass was private, so the HOA as well as
the sub-associations would have to agree to the connection, but the City will not take action to purse the right-of-way. Kirk asked for and received confirmation that both associations and sub-associations would have to agree to the connection.
DeSanctis asked Klima where the review process for Riley Creek was. Klima
replied the Watershed District review was a separate review from the City’s. Though similar there were some different regulations and this review process ran simultaneous with the City’s review. There would be no land alteration permit to the developer until the review process was completed. She presumed the review
was underway.
Farr shared his findings: overall the developer had put forth a creative plan. Low density benefited the neighbors. The single-family homes were proportionate to this site. The land was two thirds disturbed and one-third preserved. This was the
site of a tree harvesting business so there was no actual commitment to it being a
forest. The residents would reap the benefit of Norway Red Pines being abandoned. He found the developer could address the unique situation with each neighbor, but he also found the stormwater was being treated sensibly and he was comfortable with that.
Mette agreed with Farr’s comments, and added if this development had been built first and Hennepin Village second, there would be no controversy. This site had always been slated for development. The trees on another’s property were not really an amenity. The developer did a very good job in addressing the
neighborhood’s concerns. To have the entire development shift downward was
too much to expect, as it abutted another. She concluded new homeowners could also plant trees on the properties as well. Kirk concurred with Farr’s and Mette’s conclusions. He stated he was sorry to see
the drive along Spring Road down to Lion’s Tap change, but the reality was this
developer had done as much as could be done. Eden Prairie was indeed changing, and the Planning Commission’s charge was to help guide this change toward keeping Eden Prairie’s character as much as possible.
Higgins expressed mixed feelings although Mr. Packer made very important statements. She still had some concerns about the loss of the very large trees along that western boundary, and added if there was some way to reduce the loss she would encourage that. She urged the applicant to ensure adequate access, which might have to be revisit not only in 2020 but three-five years from now.
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DeSanctis agreed with Higgins; he also had mixed feelings about the loss of trees and the development of this area. He urged Packer to preserve as many mature trees as possible. Once again the Planning Commission was reviewing a project that was not affordable housing. He was concerned about the carbon footprint
created by workers living at the edges and commuting into Eden Prairie. For him,
it was not just the 2040 Plan’s goal of affordable housing, but environmental concerns. Pieper commended the applicant for bringing in 50 percent of the density it could have and considering rooflines.
MOTION: Farr moved, seconded by Kirk to recommend approval for a Planned
Unit Development Concept Review on 27.51 acres; Planned Unit Development District Review with waivers on 27.51 acres; Zoning District Change from Rural to R1-9.5 on 27.51 acres and Preliminary Plat of 3 parcels into 59 lots and four outlots on 27.51 acres based on plans stamp dated February 3, 2020 and the staff
report dated February 19, 2020. MOTION CARRIED 6-0.
GOLDEN TRIANGLE INDUSTRIAL DEVELOPMENT (2019-26) Request for:
• Planned Unit Development Concept Review on 10.258 acres
• Planned Unit Development District Review on 10.258 acres
• Zoning District Change from Rural to I-2 on 10.258 acres
• Site Plan Review on 10.258 acres
• Preliminary Plat of one lot and one outlot on 10.258 acres Kit Bennett, of Opus Development Company, LLC, presented a PowerPoint and explained the application. The development would include 182 parking stalls, 19
dock doors, and two drive-in doors. There would be three access points, two on Valley View Road and one on the east side of the site. The materials would consist of precast concrete panels, glass and aggregate. There would be two stormwater basins on the northeast and northwest corners. Three sidewalks would
connect to existing trails. Bennett displayed the site plan drawings showing a one-
acre outlot on the west side of site, which would be placed in a conservation easement; this would reduce the size of the site to nine acres to protect and preserve wetlands. This was a speculative development, one of the last undeveloped parcels in the Golden Triangle. There was an alternate site plan
available including erosion control, 142 parking stalls, and landscaping. There
were sustainability features including LED lighting, native vegetation, insulated panel construction, and EV charging stations. There were four waivers requested for FARA ratio, height, driveway width, and front yard setback on Valley View Road. The developer would plant trees between sidewalk and the building.
Mette asked with this height of more than 20 feet if the applicant foresaw building a second level, since this was not typically what was market-rate. Bennett replied he did not. DeSanctis asked if there was a possibility of having PVC cells on the
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roof for solar power. Bennett replied he could explore that possibility on the
western portion of the roof. Mette asked, given the proximity to the trail going through the site, if there was a provision for bike parking. Bennett replied he could study some areas for that. Mette strongly recommended that.
DeSanctis noted there was a 12-15 foot differential between the wetland to the
building base and asked what provisions are provided for flooding events. Pete Moreau of Sambatek, Inc. replied there was a 15-foot grade change and he could study how a 500-year flood could impact this, but the infiltration basin and stormwater management would protect the development from the standard 100-
year event in the City Code.
Klima presented the staff report. This was a vacant, never-developed property previously used as a gravel pit. It abutted City-owned property, thus the conservation area. The remainder had two development alternatives addressing
how the building’s footprint could be used, and with two different parking needs.
The Development Agreement would address both proposals, and at some point the developer would have to make a choice without coming back to the Planning Commission. Bike parking would be handled by the Development Agreement. As part of the PUD, the applicant was seeking waivers for landscaping requirements,
front yard setback, driveway width, Base Area Ratio, and Floor Area Ratio. Staff
recommended approval subject to the conditions outlined in the staff report. Mette suggested looking at the City Code regarding the one story, 20-foot landscaping requirement, specifically with regard to industrial development.
MOTION: Farr moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 6-0. Mette asked for examples of the types of tenants who would use this building.
Bennett stated they would be a variety: light distribution, some manufacturing,
technology and production or warehousing, and some office space. Civil engineers or surveying companies were examples. Mette noted the applicant hoped to start construction in spring and asked at what point would the developer commit to one scenario or the other. Bennett replied he would not begin the
alternate plan unless there was a tenant, in which case he understood he would
have to come back to the City. Mette asked for and received clarification from Klima, who confirmed that the commission was voting on both alternatives, and the City Council would be asked
to do the same, and the alternative requirement, if the alternative plan was pursued, would be reviewed administratively. Farr commended the project and stated he had no problem with the waivers. DeSanctis identified no threatened or endangered species and added the developer
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was being respectful of the adjacent wetland. He expressed confidence in Opus’s
construction abilities. MOTION: Kirk moved, seconded by Mette to recommend approval for a Planned Unit Development Concept Review on 10.258 acres; Planned Unit
Development District Review on 10.258 acres; Zoning District Change from
Rural to Industrial I-2 on 10.258 acres; Site Plan Review on 10.258 acres and Preliminary Plat of one lot and one outlot on 10.258 acres based on Plans stamp dated February 12, 2020 and the staff report dated February 24, 2020. MOTION CARRIED 6-0.
VI. PLANNERS’ REPORT VII. MEMBERS’ REPORTS
VIII. ADJOURNMENT
MOTION: Higgins moved, seconded by DeSanctis to adjourn. MOTION CARRIED 6-0. The meeting was adjourned at 9:06 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
March 17, 2020
DEPARTMENT/DIVISION: Community Development Janet Jeremiah, Director; Jonathan Stanley, Housing and Community Services Manager
ITEM DESCRIPTION:
2020 CDBG Funding Recommendations
ITEM NO.:
IX.C.
Requested Action Move to: Adopt Resolution approving the use of 2020 CDBG funds as recommended by the Eden
Prairie Human Services Review Committee.
Synopsis The office of Housing and Urban Development (HUD) has announced Eden Prairie’s 2020 CDBG allocation to be $285,678. Federal regulations stipulate that public service funding may not exceed
15 percent of the City’s total allocation ($285,678), plus 15 percent of the previous year’s program
income ($150,000). $95,000 in prior year program income will be used for 2020 activities which will bring the total funding amount to $380,678. Any additional program income received will be used to cover expenses generated in an existing CDBG Program or activity and not just expenses related to the activity generating the income. The Human Services Review Committee reviewed
the 2020 CDBG proposals and recommended the following activities be funded.
Background Information
2020 Allocation Process The discussion of how to distribute the 2020 CDBG funds through the Human Services Review
Committee included a complete review of all “Request for Funding” applications and the
distribution percentage of funds in 2019. The Committee’s goals were to have the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. Attachments 2020 CDBG Summary of Proposals
2020 CDBG Resolution for Funding 2020 CDBG Action Plan
Public Service Activities Funding Level PROP (Housing Support Services) $30,000 PROP (Emergency Vehicle Repair) $15,000 PROP (Child Care) $4,000 HOME (Household & Outside Maintenance for the Elderly) $12,000 Subtotal $61,000 Housing Activities Funding Level
Housing Rehabilitation Deferred Loan Program $163,678
Affordable Housing – WHAHLT $80,000
Affordable Housing – First Time Homebuyer $20,000
Fair Housing Initiative $2,000
Program Administration $54,000
Total $380,678
2020 CDBG Public Service Application Summary
Type of Funds Activity Agency 2020 Request 2019 Funding 2020 HSRC Description Clients Served 2019*
Projected Clients 2020
Public Service Emergency Housing Assistance PROP $30,000 $24,000 $30,000
Emergency financial assistance for rent/mortgage payments to prevent
homelessness.
15 Households $21,000
15 Households
Public Service
Household Chore & Main. for seniors
Senior Comm. Services (HOME)
$12,000 $12,000 $12,000
Provide maintenance and chore service to residents 60 and older 2 0
Households $7,300
38 Households
Public Service
Vehicle
Repair PROP $15,000 $15,000 $15,000
Car repair for low-income Eden Prairie families. PROP will administer the program that pays 75% of repair costs up to $1000 per low/mod income resident.
10 Residents $7,100
20
Residents
Public Service Childcare Subsidy PROP $4,000 $4,000 $4,000
Provide short term child care assistance for residents starting a new job or training program.
3
Youth $2,100
3 Youth
TOTAL $61,000 $55,000 $61,000
*Clients served 7/1/2019 through 12/31/2019 Public Service funds available for 2020 = $61,000
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020-
RESOLUTION APPROVING USE OF FUNDS FOR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, the City of Eden Prairie, as an entitlement community, participates in the
Community Development Block Grant Program; and WHEREAS, the City of Eden Prairie has developed a proposal for the use of CDBG funds, and held a public hearing on March 17, 2020, to obtain the views of citizens on the proposed use of
$285,678 in grant funding plus $95,000 in program income funds for the 2020 Community
Development Block Grant Program. Any additional program income received will be used to cover expenses generated in an existing CDBG Program or activity and not just expenses related to the activity generating the income.
BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following
activities for funding from the Block Grant program, and authorizes and directs the Mayor and the City Manager to execute Sub recipient and Third Party Agreements on behalf of the City.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute on behalf of the City; the Application for Federal Assistance, Form SF424 submitted with the Action Plan, the HUD Funding/Approval form and all Certifications and other documents required in connection
therewith.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of March, 2020.
__________________________ Ronald A Case, Mayor ATTEST: __________________________
Kathleen Porta, City Clerk
Public Service Activities Funding Level
PROP (Housing Support Services) $30,000
PROP (Emergency Vehicle Repair) $15,000
PROP (Child Care) $4,000 HOME (Household & Outside Maintenance for the Elderly) $12,000
Subtotal $61,000
Housing Activities Funding Level Housing Rehabilitation Deferred Loan Program $163,678 Affordable Housing - WHAHLT $80,000
Affordable Housing – First Time Homebuyer $20,000
Fair Housing Initiative $2,000 Program Administration $54,000
Total $380,678
Consolidated Plan EDEN PRAIRIE 1
OMB Control No: 2506-0117 (exp. 06/30/2018)
City of Eden Prairie
HENNEPIN COUNTY CONSORTIUM
CONSOLIDATED PLAN FY 2020-2024
AND ANNUAL ACTION PLAN FY 2020
Consortium Members:
Urban Hennepin County
Bloomington
Eden Prairie
Plymouth
Consolidated Plan EDEN PRAIRIE 2
OMB Control No: 2506-0117 (exp. 06/30/2018)
Executive Summary
ES-05 Executive Summary – 24 CFR 91.200(c), 91.220(b)
1. Introduction
The City of Eden Prairie became a Community Development Block Grant (CDBG) entitlement community
in 2006. CDBG funds are allocated to the City directly from the U.S. Department of Housing and Urban
Development (HUD). The City remains a part of the Hennepin County Consortium for purposes of the
Five Year Consolidated Plan and HOME funding.
The city held its public hearing on March 17, 2020, to determine how to allocate its $285,678 in 2020
CDBG funding. The city’s Human Services Review Committee met to determine their recommendations
that were brought to the council during the public hearing for approval.
2. Summary of the objectives and outcomes identified in the Plan Needs Assessment
Overview
This could be a restatement of items or a table listed elsewhere in the plan or a reference to another
location. It may also contain any essential items from the housing and homeless needs assessment, the
housing market analysis or the strategic plan.
The City of Eden Prairie will carry out activities that will provide for the preservation of the City's housing
stock, provide affordable housing options, provide essential services to seniors, families and individuals
and support Fair Housing activities.
The city's CDBG allocation will be used for housing rehabilitation, energy improvements, accessibility
improvements and emergency repairs for the purpose of maintaining decent affordable housing. The
city plans to rehab six low/mod income, owner occupied homes and assist two seniors with emergency
grants.
If excess program income funds are available, the city may use a portion of these funds to provide rehab
grants to non profits who serve low mod income Eden Prairie residents to make needed repairs to their
facilities.
The City’s CDBG allocation will be used for affordable housing to help provide decent housing, while
maintaining affordability and sustainability. CDBG program income funds will be used for a first time
home buyer program to assist two low/mod income households purchase their first home. CDBG funds
will be used by the West Hennepin Affordable Housing Land Trust to help acquire one single family
home, which will then be sold to a low/mod income first time homebuyer.
Consolidated Plan EDEN PRAIRIE 3
OMB Control No: 2506-0117 (exp. 06/30/2018)
The city supports public service programs that provide assistance to low/moderate income seniors,
families and individuals. These funds help provide access to suitable living environments, maintain
affordability, availability and accessibility to housing activities. During 2020, it is anticipated that
seventy six low/mod income Eden Prairie residents will be assisted through PROP and Senior Community
Services.
The City will utilize CDBG funds to support fair housing activities through the Fair Housing
Implementation Council.
The city will use excess prior year entitlement funds or program income for administration, affordable
housing and rehabilitation projects. Any additional program income received will be used to cover
expenses generated in an existing CDBG Program or activity and not just expenses related to the activity
generating the income.
3. Evaluation of past performance
Due to the limited amount of CDBG funds received, the city carefully considers each project to make
sure that it will meet as many housing and community development needs as possible. There is
particular focus on this with the public service agencies, requiring them to report of past performance
and anticipated future performance when applying for funds. The majority of organizations receiving
CDBG funding from the City of Eden Prairie meet 100 percent of their expected performance goals.
These organizations continuously experience high demand for their services and give the city insight into
community needs.
The city evaluates the organizations receiving CDBG funds through quarterly reports and biennial
monitoring visits. By requiring these organizations to submit quarterly reports, the city is able to closely
monitor them for timeliness and to make sure they are serving the clientele specified in their funding
request. If a grantee is falling behind in their spending or accomplishments, the city works closely with
them to come up with solutions. The city feels as though communication is an important tool to make
sure the funded programs are successful.
The city maintains spreadsheets that track the past performance of funded organizations and uses these
spreadsheets when determining funding. The city is able to look back several years to see trends and to
determine if a program is serving its purpose.
4. Summary of citizen participation process and consultation process
The City of Eden Prairie is part of the Hennepin County Consortium, and therefore the
City’s Consolidated Plan is part of the Hennepin County Consortium Consolidated Plan. The City follows
Hennepin County’s Citizen Participation Plan, which calls for the Hennepin County Consortium Action
Plan to be available for public comment 30 days prior to a public hearing before the Hennepin County
Board. The Eden Prairie City Council holds their own public hearing and allows the public to comment
Consolidated Plan EDEN PRAIRIE 4
OMB Control No: 2506-0117 (exp. 06/30/2018)
on the proposed activities. Notice of the public hearing was published in the Eden Prairie News thirty
days prior to the council meeting. The City’s Human Services Review Committee responds to questions
and inquiries about the plan, and makes recommendations to the City Council based on feedback. The
Human Services Review Committee used the allocation amount of $285,678 along with $95,000 in prior
year funds to make the funding recommendations to the city council. For the 2020 program year, the
public notice was published on February 6, 2020 and the council meeting was held on March 17,
2020. Public comments were solicited from February 14, 2020 until March 16, 2020. At the public
hearing two grantees talked about the positive difference CDBG funds have made in their programs. No
citizens participated in the public hearing and no comments were received prior to the meeting.
5. Summary of public comments
No comments have been received by the residents of Eden Prairie. The city does not typically receive
public comments on their action plan. Therefore, throughout the year, the city works hard to engage
residents in the planning process. The city relies heavily on residents to point out needs they see in the
community.
As part of the city’s Comprehensive Plan Update process, the City assembled a number of focus groups
to address housing, specifically to determine how to meet housing needs going into the future. The
information gathered will assist in planning for future housing needs, including the acquisition and
preservation of affordable housing. The city participated in a Community Housing Forum that allowed
community members to voice their concerns regarding the need for affordable housing, the
preservation of affordable housing and tenant’s rights.
The city holds quarterly meetings with PROP, the city’s emergency services provider, to discuss
resident’s needs/barriers, affordable housing, tenant/landlord issues and homeless prevention. These
meetings are very important to the city as a means to understand what the need is in the community
and what can be done to address the needs. The city learned that barriers include child care, affordable
housing and transportation. The city plans to fund programs that address these barriers in 2020.
The city used social media this year to reach out to first time homebuyers and current homeowners to
advertise our First Time Homebuyer and Housing Rehab programs. By using Facebook, email and the
city's webpage we were able to educate the public on the programs we offer. The marketing of these
programs through social media increased the number of residents served during 2019.
6. Summary of comments or views not accepted and the reasons for not accepting them
N/A
7. Summary
Consolidated Plan EDEN PRAIRIE 5
OMB Control No: 2506-0117 (exp. 06/30/2018)
In summary, the City continues to serve as many low/moderate income households as possible. The city
believes that its citizen participation plan as well as input from public service providers enables it
to administer CDBG funds efficiently and to meet the needs of it's residents.
The activities to be undertaken during the 2020 fiscal year address the priority needs and local
objectives as set forth in the Consolidated Plan. The activities that are part of the 2020 Action Plan are
to be completed within 12 months from the time funds are allocated to the City of Eden Prairie.
Consolidated Plan EDEN PRAIRIE 6
OMB Control No: 2506-0117 (exp. 06/30/2018)
The Process
PR-05 Lead & Responsible Agencies - 91.200(b)
1. Describe agency/entity responsible for preparing the Consolidated Plan and those
responsible for administration of each grant program and funding source
The following are the agencies/entities responsible for preparing the Consolidated Plan and
those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
CDBG Administrator EDEN PRAIRIE Community Development
Table 1– Responsible Agencies
Narrative
The city of Eden Prairie administers the city's CDBG program, but is a part of the Hennepin County
consortium for purposes of the HOME program. The county is the lead of the consortium per the joint
cooperation agreement.
Consolidated Plan Public Contact Information
Jeanne Karschnia
City of Eden Prairie
8080 Mitchell Rd
Eden Prairie, MN 55344
952-949-8486
jkarschnia@edenprairie.org
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PR-10 Consultation - 91.100, 91.110, 91.200(b), 91.300(b), 91.215(l) and
91.315(l)
1. Introduction
The City of Eden Prairie has a Development Review Committee comprised of staff from Housing and
Human Services, Community Development and Planning, Engineering, Fire and Inspections. This
committee meets weekly to review proposals for new development and projects. This group works
directly with developers, non-profit agencies and other governmental agencies and transit authorities to
ensure that all perspectives are considered throughout the review process.
The city consults and works closely with the Fair Housing Implementation Council to identify and
address fair housing needs throughout the metro area.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(I)).
The City uses its federal funding, pooled tax increment financing dollars, and City general fund monies to
coordinate services with a host of agencies serving households at a variety of low and moderate income
levels. Services provided include home rehabilitation, first-time homebuyer assistance, emergency
grants for senior homeowners, eviction and homelessness prevention, support services for homeless
teens, meals on wheels, car repair for low-income households, daycare assistance, afterschool
programming, programming for seniors, coordination with developers to include community services in
their developments, and more.
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness
County
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in
determining how to allocate ESG funds, develop performance standards and evaluate
outcomes, and develop funding, policies and procedures for the administration of HMIS
Eden Prairie does not receive ESG funds.
2. Describe Agencies, groups, organizations and others who participated in the process
and describe the jurisdictions consultations with housing, social service agencies and other
entities
Consolidated Plan EDEN PRAIRIE 8
OMB Control No: 2506-0117 (exp. 06/30/2018)
Table 2– Agencies, groups, organizations who participated
1 Agency/Group/Organization EDEN PRAIRIE
Agency/Group/Organization Type Other government - Local
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
Homeless Needs - Families with children
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
How was the Agency/Group/Organization
consulted and what are the anticipated outcomes
of the consultation or areas for improved
coordination?
Human Services Review Committee: This committee is comprised of City staff from
a variety of departments, including Housing and Community Services, Zoning
Enforcement, Police, Administration and Parks and Recreation. This group meets
as necessary to work on issues related to housing and community services. Each
year, this committee reviews requests for funding from service providers and
makes funding recommendations to the City Council. There are two sources of
funding for community services, the City's general fund and CDBG. The
recommendations are based on review of written proposals, site visits and other
methods to determine the quality of the service and the overall value to the
community. The Office of Housing and Community Services meets to determine
recommendations for how CDBG funds will be used for housing programs. The
recommendations are based on funds available and needs in the community. The
city’s Housing Rehab Program and First Time Homebuyer Program are popular
programs that are funded with CDBG funds.
2 Agency/Group/Organization Senior Community Services (SCS)
Agency/Group/Organization Type Services-Elderly Persons
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Consolidated Plan EDEN PRAIRIE 9
OMB Control No: 2506-0117 (exp. 06/30/2018)
How was the Agency/Group/Organization
consulted and what are the anticipated outcomes
of the consultation or areas for improved
coordination?
To determine needs for low/mod income seniors living in Eden Prairie, the city
consults with Senior Community Services. Senior Community Services is able to tell
city employees what trends they are seeing in the senior community and what the
greatest need is. Currently, as the population ages, many seniors are trying to stay
in their homes longer. By providing chore services through the HOME program,
they are able to help seniors avoid moving out of their homes. Senior Community
Services has noticed a trend that the number of residents they are able to serve
with CDBG funds has gone down because each senior requires more services and
there is not enough funds remaining to meet the needs of additional seniors. They
do use our funds to leverage other funding to assist these people. As the
population in Eden Prairie ages, this is an area we would like to find more funding.
3 Agency/Group/Organization People Reaching out to Other People
Agency/Group/Organization Type Services - Housing
Services-Children
Transportation
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Families with children
Non-Homeless Special Needs
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How was the Agency/Group/Organization
consulted and what are the anticipated outcomes
of the consultation or areas for improved
coordination?
. To determine need and anticipated resources for low/mod income families living
in Eden Prairie. The city consulted PROP to help with planning the best way to use
CDBG funds to prevent homelessness. The city relies on PROP to forward their
data to the city so that we are able to prevent homelessness before it becomes a
problem. PROP helps the city understand that funding from the city is a high
priority in the fight against homelessness. PROP assists Eden Prairie residents who
are in danger of becoming homeless and need housing assistance. After consulting
with PROP regarding car repair needs in the community, it was determined that
there is a large need for car repair assistance in Eden Prairie so low/mod income
residents have dependable transportation to work and school. Because of the need
for this program, PROP'S CDBG funding is not enough to cover the costs of the
program for the entire year. They have set aside money in their budget to use
once the CDBG funds have been expended. In 2019, PROP implemented a Child
Care program that provides short term assistance to residents who are beginning a
new job or training program.
4 Agency/Group/Organization WEST HENNEPIN AFFORDABLE HOUSING LAND TRUST
Agency/Group/Organization Type Housing
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
How was the Agency/Group/Organization
consulted and what are the anticipated outcomes
of the consultation or areas for improved
coordination?
The city consulted with WHAHLT to determine the need for affordable housing and
the availability of housing in the city. WHAHLT struggles with finding available
properties within Eden Prairie that are affordable. Finding affordable housing in
Eden Prairie is a high priority for the city and working with WHAHLT is a way to
attain this goal.
Identify any Agency Types not consulted and provide rationale for not consulting
All agencies listed above were consulted.
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Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care Hennepin county The Eden Prairie CDBG Action Plan identified homeless prevention activities as important
goals. This includes direct homeless prevention housing assistance as well as affordable
housing programs.
Aspire 2040 City of Eden Prairie Aspire 2040 lays out development of the city for the next 20 years. It also identifies
affordable housing efforts within the city, which may be impacted by the city's CDBG
efforts.
Metropolitan Council Metropolitan Council The Eden Prairie CDBG Action Plan has overlap with the Housing Policy Plan. Both plans
identify priorities related to maintaining existing affordable housing stock and providing a
mix of affordable housing options for households of all life stages and economic means.
Table 3– Other local / regional / federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local
government, in the implementation of the Consolidated Plan (91.215(l))
The City of Eden Prairie coordinates with Hennepin County, and the other entitlement communities that comprise the consortium, in setting the
priorities of need, the citizen participation and the fair housing strategic plan for the five year span. The Eden Prairie CDBG program attempts to
address the widest range of needs possible despite limited resources. The Action Plan identifies a variety of goals to promote housing
affordability, provide suitable and well-maintained housing and accessibility to needed social services.
Narrative
Hennepin County in coordination with the consortium held three listening sessions as well as conducted an online survey in October 2019 to
determine goals for the five year plan. These goals were developed in consultations with residents, public, non-profit and private sector
partners and agencies who participated in the survey and listening sessions during the 2020-2024 Consolidated Plan process and throughout the
annual Action Plan process.
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PR-15 Citizen Participation - 91.105, 91.115, 91.200(c) and 91.300(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation
Summarize citizen participation process and how it impacted goal-setting
The Consortium supports and encourages the participation of citizens, community groups, and other interested agencies in both the
development and the evaluation of the Plan's programs and activities. The citizen participation process is designed to encourage all residents,
including non-English-speaking and minority populations. Extremely low and low-income persons are encouraged to participate in the process.
Attempts are made to include residents of areas where CDBG-funded projects currently exist. The Consortium worked with area community-
based organizations, obtaining input from residents through surveys and listening sessions. Eden Prairie advertised the survey and listening
sessions through its website, social media and email.
The City of Eden Prairie’s citizen participation process includes an RFP process that allows non-profit agencies to apply for CDBG funding.
Through this process, the City engages with social service providers, the faith community and school district staff to learn about the needs in the
community and how to best allocate pubic service funds in the most effective manner. The City’s Human Rights & Diversity Commission is
encouraged to help spread the word about the potential funding source to non-profit service providers that may know. The city solicited public
comments from February 14, 2020 – March 16, 2020. This thirty day comment period was published in the Eden Prairie News on February 6,
2020 and the goal was to solicit comments from the public regarding the Annual Action Plan. The plan was made available on the city’s website
and a copy of the plan was available for review at Eden Prairie City Center.
The city began a Housing Task Force to address lifecycle housing, inclusive and affordable housing and other housing options in Eden Prairie. This
group is made up of residents, business owners and non profit representatives with city staff acting as a liaison to the group. The Housing Task
Force will focus on gathering data and formulating a list of recommendations to present to the City Council.
The OHCS plans events such as Community Connections, Coffee with a Cop and Kickin’ it with a Cop to engage the non English speaking
population. OHCS has Somali and Spanish speaking staff available to allow residents to express the needs of their community in their preferred
language. This allows residents to participate personally instead of requiring the use of a translator or family member. The Eden Prairie Human
Rights and Diversity Commission is made up of volunteer residents. They serve as an advisory commission to the City Council and give input on
items including Bias Incident Response, ADA compliance policy, etc. The commission invites community organizations to present at each
meeting. Community groups have used this opportunity to give input about city policy and community needs.
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The citizen participation process impacted goal setting by giving Eden Prairie a clear understanding of where the funds would be best allocated
to meet the greatest needs in our community. The city plans to continue these focus groups and community meetings in the future in order to
get a true sense of the resident’s needs and wants. The city will continue to explore new avenues to provide affordable housing in Eden Prairie.
Citizen Participation Outreach
Sort Ord
er
Mode of Outre
ach
Target of Outre
ach
Summary of
response/attend
ance
Summary of
comments recei
ved
Summary of comm
ents not accepted
and reasons
URL (If applicable)
1 Public Hearing Non-
targeted/broad
community
Attendance by
two public service
providers
The comments
were made by
the public
service
providers and
were related to
providing
information
about the
organization
and thanking
the city council
for their
support.
N/a
2 City Website Non-
targeted/broad
community
N/A No comments
received
N/A http://www.edenprairie.org/cit
y-
government/departments/com
munity-development/housing-
and-community-services
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Sort Ord
er
Mode of Outre
ach
Target of Outre
ach
Summary of
response/attend
ance
Summary of
comments recei
ved
Summary of comm
ents not accepted
and reasons
URL (If applicable)
3 Newspaper Ad Non-
targeted/broad
community
N/A No comments
received
N/A
4 Public Meeting Non-
targeted/broad
community
100 residents and
community
partners
attended the
public
meetings/listenin
g sessions.
Increase
affordable
housing,
emergency
assistance and
senior services.
N/A
5 City Website Non-
targeted/broad
community
100 residents and
community
partners
attended
listening sessions.
Over 2000 people
completed the
survey.
Increase
affordable
housing,
emergency
assistance and
senior services.
N/A
Table 4– Citizen Participation Outreach
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Needs Assessment
NA-05 Overview
Needs Assessment Overview
The city, through its Aspire 2040, Housing Goals/Housing Action Plan with the Metropolitan Council, and
annual CDBG funding, is regularly reviewing the community's needs for low to moderate income
persons.
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NA-50 Non-Housing Community Development Needs - 91.415, 91.215 (f)
Describe the jurisdiction’s need for Public Facilities:
Public facility maintenance is determined through a Capital Improvement Program process.
How were these needs determined?
A ten year CIP plan is established and reviewed every two years to make modifications as
necessary. Department directors and staff determine need, based on factors, such as future growth
expectations, age of equipment and building technology.
Describe the jurisdiction’s need for Public Improvements:
The city's infrastructure including streets, trails, utilities, public spaces are included in the CIP process.
How were these needs determined?
Department directors and staff determine need, based on factors, such as future growth expectations,
age of equipment and building technology.
Describe the jurisdiction’s need for Public Services:
The city of Eden Prairie's need for public services is high. Low/mod income residents have a high need
for reliable transportation, homeless prevention, childcare and home maintenance for the
elderly. Because of a decrease in Naturally Occurring Affordable Housing (NOAH) in Eden Prairie over
the past two years, the city is working with PROP to provide emergency housing assistance to Eden
Prairie residents who find themselves in danger of becoming homeless.
How were these needs determined?
Social service organizations and agencies serving residents of Eden Prairie were consulted regarding the
current and future need for Public Services. Because these organizations interact with persons and
households in need of public services on a daily basis, they have first-hand knowledge of the need
present in the community as well as insight on trends in how needs in the community are changing.
The city holds quarterly meetings with PROP, the city’s emergency services provider, to discuss
resident’s needs/barriers, affordable housing, tenant/landlord issues and homeless prevention. These
meetings are very important to the city as a means to understand what the need is in the community
and what can be done to address the needs. The city learned that barriers include child care, affordable
housing and transportation. The city plans to fund programs that address these barriers during the
2020-2024 Consolidated Plan.
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Housing Market Analysis
MA-05 Overview
Housing Market Analysis Overview:
There are a variety of housing options and choices in Eden Prairie, from Project-Based Section 8 rental
housing for low income residents to executive estates with large single family homes, and many life
cycle housing options in between. Approximately 73 percent of the total housing units are ownership
and 27 percent are rental. There are 1,185 subsidized rental units spread across 17 properties in Eden
Prairie. Of these subsidized units, 617 are affordable at 30 percent of AMI, 322 at 50% of AMI, and 246
are affordable 60% of AMI. These numbers of affordable units, particularly at the 50% level, are
expected to rise dramatically in the coming years with several tax increment financing (TIF) supported
developments coming on line. Still, projections show a pronounced need for more affordable rentals in
the City between now and 2040, particularly at the 30% of AMI level; this is one reason its draft
inclusionary housing policy attempts to stimulate production at this difficult to produce AMI level.
Eden Prairie has a large Somali immigrant population, estimated to number approximately 5,000
residents. While most Somali families live in apartment complexes, including the Project-Based Section
8 properties, there is a trend toward Somali ownership and rentals of single family homes.
Seniors are also a growing demographic, with many looking to downsize their housing and many others
looking to age in place. The City is at once looking to develop new affordable and market rate senior
housing, with hundreds of new units just opened and more on the way and looking for policy and
programmatic strategies to allow those who wish to stay in their homes to do so.
Eden Prairie has used a “scattered-site” approach to providing affordable housing which requires
developers who are seeking financial assistance (typically TIF) from the City to set aside 20 percent of
their units for low/moderate income people. This approach has prevented the concentration of low
income housing in any one part of the City.
Eden Prairie has a large number of group homes that provide supportive care for developmentally
delayed adults, aftercare treatment for teens with chemical addictions, and memory care support for
elderly people. A residential treatment facility for people with HIV/AIDS has existed in Eden Prairie for
nearly 20 years, and a new facility recently opened housing teens facing homelessness or housing
instability.
Abandoned properties rarely occur in Eden Prairie. Unoccupied properties may be empty and awaiting
redevelopment but they are still on the tax roll and are not considered abandoned. Eden Prairie has a
robust Economic Development unit within the Community Development Department that actively
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monitors businesses moving in and out of the community and works to get properties into productive
use.
The City of Eden Prairie does not have a Public Housing Authority, but through an agreement with the
Minneapolis Public Housing Authority we do have 19 scattered-site public housing units managed by the
Metropolitan Housing and Redevelopment Authority (HRA). The City of Eden Prairie does not have any
oversight or involvement in the operation of the units.
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MA-45 Non-Housing Community Development Assets - 91.410, 91.210(f)
Introduction
Economic Development Market Analysis
Business Activity
Business by Sector Number of Workers Number of Jobs Share of Workers % Share of Jobs % Jobs less workers % Agriculture, Mining, Oil & Gas Extraction 53 16 0 0 0
Arts, Entertainment, Accommodations 2,358 2,827 9 6 -3
Construction 788 1,459 3 3 0
Education and Health Care Services 4,391 3,743 16 8 -8
Finance, Insurance, and Real Estate 3,942 10,050 14 21 7
Information 893 1,710 3 4 1
Manufacturing 2,968 8,025 11 17 6
Other Services 945 1,246 3 3 0
Professional, Scientific, Management Services 5,259 7,005 19 15 -4
Public Administration 0 0 0 0 0
Retail Trade 2,822 5,620 10 12 2
Transportation and Warehousing 546 699 2 1 -1
Wholesale Trade 2,271 5,836 8 12 4
Total 27,236 48,236 -- -- --
Table 5 - Business Activity
Data Source: 2011-2015 ACS (Workers), 2015 Longitudinal Employer-Household Dynamics (Jobs)
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Labor Force
Total Population in the Civilian Labor Force 36,090
Civilian Employed Population 16 years and over 34,610
Unemployment Rate 4.11
Unemployment Rate for Ages 16-24 13.18
Unemployment Rate for Ages 25-65 2.78
Table 6 - Labor Force
Data Source: 2011-2015 ACS
Occupations by Sector Number of People
Management, business and financial 15,215
Farming, fisheries and forestry occupations 1,095
Service 2,300
Sales and office 7,875
Construction, extraction, maintenance and
repair 955
Production, transportation and material
moving 985
Table 7 – Occupations by Sector
Data Source: 2011-2015 ACS
Travel Time
Travel Time Number Percentage
< 30 Minutes 22,890 72%
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Travel Time Number Percentage
30-59 Minutes 7,805 24%
60 or More Minutes 1,170 4%
Total 31,865 100%
Table 8 - Travel Time
Data Source: 2011-2015 ACS
Education:
Educational Attainment by Employment Status (Population 16 and Older)
Educational Attainment In Labor Force
Civilian Employed Unemployed Not in Labor Force
Less than high school graduate 470 130 340
High school graduate (includes equivalency) 2,625 140 620
Some college or Associate's degree 7,320 350 1,325
Bachelor's degree or higher 19,650 390 3,115
Table 9 - Educational Attainment by Employment Status
Data Source: 2011-2015 ACS
Educational Attainment by Age
Age
18–24 yrs 25–34 yrs 35–44 yrs 45–65 yrs 65+ yrs
Less than 9th grade 155 155 45 165 145
9th to 12th grade, no diploma 575 85 195 295 175
High school graduate, GED, or alternative 905 705 535 2,145 1,165
Some college, no degree 1,290 1,220 1,305 3,235 1,470
Associate's degree 220 775 790 1,705 415
Bachelor's degree 1,000 4,085 3,310 7,570 1,675
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Age
18–24 yrs 25–34 yrs 35–44 yrs 45–65 yrs 65+ yrs
Graduate or professional degree 24 1,850 1,990 4,340 1,220
Table 10 - Educational Attainment by Age
Data Source: 2011-2015 ACS
Educational Attainment – Median Earnings in the Past 12 Months
Educational Attainment Median Earnings in the Past 12 Months
Less than high school graduate 20,323
High school graduate (includes equivalency) 30,813
Some college or Associate's degree 40,807
Bachelor's degree 70,983
Graduate or professional degree 84,250
Table 11 – Median Earnings in the Past 12 Months
Data Source: 2011-2015 ACS
Based on the Business Activity table above, what are the major employment sectors within your jurisdiction?
Major Employment Sectors: Health Care, Service, Finance, Technology, Manufacturing.
Describe the workforce and infrastructure needs of the business community:
Workforce Needs: With unemployment currently at about 2.5%, some businesses are experiencing difficulties filling positions.
Infrastructure Needs: LRT is needed to bring workers to the area. There are a variety of transportation improvements planned.
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Describe any major changes that may have an economic impact, such as planned local or regional public or private sector
investments or initiatives that have affected or may affect job and business growth opportunities during the planning period.
Describe any needs for workforce development, business support or infrastructure these changes may create.
Major Changes: LRT expected to help stimulate development around station areas.
How do the skills and education of the current workforce correspond to employment opportunities in the jurisdiction?
Eden Prairie is home to many large companies and approximately 48,000 jobs. The residents of Eden Prairie are highly educated, with more than
64% having a bachelor's degree or higher level of education. This fits well into the city's corporate and professional jobs. A significant portion of
the jobs require highly technical IT skills. Many of the employees who fill these positions come from countries such as India and China. These
employees, for the most part, choose to live and raise their families in Eden Prairie, enhancing the cultural vibrancy of the community. 35% of
Eden Prairie residents have two years or less of college education. Approximately 32% of the city's total jobs are retail, manufacturing and
construction, which usually do not require a degree, providing another employment type.
The Southwest Light Rail Transit which is currently under construction in Eden Prairie with an expectation of service to begin in 2023, provides
opportunities for economic development, particularly surrounding the station areas. Part of the planning includes a “Business Advisory
Committee” (BAC) which represents the voice of employers who need transit to get employees to Eden Prairie. Current existing bus routes are
not efficient for employees and many require transfers to get to an Eden Prairie destination.
Describe any current workforce training initiatives, including those supported by Workforce Investment Boards, community
colleges and other organizations. Describe how these efforts will support the jurisdiction's Consolidated Plan.
The city partners with DEED to offer work force training to help build a skilled work force in Eden Prairie. Many programs exist to assist
employers find the non-profession skilled labor employees they need. For example, Hennepin Technical College which is located in Eden Prairie
is a prime provider of skilled trades training in areas such as Certified Nursing Assistant, construction, HVAC and culinary arts.
Does your jurisdiction participate in a Comprehensive Economic Development Strategy (CEDS)?
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If so, what economic development initiatives are you undertaking that may be coordinated with the Consolidated Plan? If not,
describe other local/regional plans or initiatives that impact economic growth.
No
Discussion
The City of Eden Prairie is generally characterized by low unemployment rates and stable, diverse, and growing business/employment across a
variety of industry types. Due to a limited annual CDBG allocation and the extensive regulatory requirements associated with federally-assisted
economic development activities, the City of Eden Prairie has prioritized utilizing its CDBG resources for activities which improve housing and
provide public services for low/mod income households, rather than for economic development activities. However, the City of Eden
Prairie does pursue other resources to achieve its economic development goals.
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MA-50 Needs and Market Analysis Discussion
Are there areas where households with multiple housing problems are concentrated?
(include a definition of "concentration")
For the purposes of this section "concentration" is defined as census tracts where more than 40% of LMI
households experience multiple housing problems. The most common housing problem among low- and
moderate-income (LMI) households in Eden Prairie is housing cost burden (paying more than 30% of
income), which is common to LMI households across the City. A review of the American Community
Survey data provided by HUD, 30% or more of LMI households experience cost burden in every census
tract in Eden Prairie. Problems of overcrowding and substandard housing, however, are not common in
Eden Prairie. There are no census tracts in Eden Prairie where more than 40% of LMI households
experience overcrowding or substandard housing. Thus there are no areas that meet the definition of
concentration of multiple housing problems. The problem of cost-burden is prevalent among LMI
households in all areas of the City and is not specific to any particular geographic area.
Are there any areas in the jurisdiction where racial or ethnic minorities or low-income
families are concentrated? (include a definition of "concentration")
The City of Eden Prairie does not have any areas where racial or ethnic minorities or low-income families
are concentrated.
The Consolidated Plan regulations require that grantees define the term "area of minority
concentration" and then identify and describe those areas in the jurisdiction that meet the definition.
For the purposes of this section "area of minority concentration" is defined as a census tract having
more than 40% of households which are of racial or ethnic minorities. A review of the American
Community Survey data provided by HUD, no census tracts in Eden Prairie have areas of minority
concentration.
The Consolidated Plan regulations also require that grantees define the term "area of low-income
concentration" and then identify and describe those areas in the jurisdiction that meet the definition.
For the purposes of this section "area of low-income concentration" is defined as a census tract having
more than 40% of households which are low-income. A review of the American Community Survey data
provided by HUD, Eden Prairie does not have any areas where low-income families are concentrated.
What are the characteristics of the market in these areas/neighborhoods?
N/A - There are no areas in Eden Prairie where households with multiple housing
problems are concentrated, nor any areas where racial/ethnic minorities or
low-income families are concentrated.
Are there any community assets in these areas/neighborhoods?
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N/A - There are no areas in Eden Prairie where households with multiple housing
problems are concentrated, nor any areas where racial/ethnic minorities or
low-income families are concentrated.
Are there other strategic opportunities in any of these areas?
N/A - There are no areas in Eden Prairie where households with multiple housing
problems are concentrated, nor any areas where racial/ethnic minorities or
low-income families are concentrated.
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MA-60 Broadband Needs of Housing occupied by Low- and Moderate-Income
Households - 91.210(a)(4), 91.310(a)(2)
Describe the need for broadband wiring and connections for households, including low- and
moderate-income households and neighborhoods.
Broadband connections are considered critical and in fact typical in today’s world, important especially
for low and moderate income households so they can stay connected to job resources, work from
home, and enjoy the same network opportunities nearly all others enjoy. All developments in Eden
Prairie are encouraged to include broadband services in their projects, and in fact near all do of their
own accord.
Describe the need for increased competition by having more than one broadband Internet
service provider serve the jurisdiction.
Broadband service in Eden Prairie is provided by Comcast and CenturyLink under franchise agreements
with the city. The franchise agreements give Comcast and CenturyLink various rights and responsibilities
for the providers of broadband service to residents. The franchise agreements guarantee Broadband
consumer rights for Eden Prairie Subscribers. By having two options for residents, this brings
competition to the service. The city would be open to more options for residents to lower costs and
make broadband accessible for all low/mod income residents.
Under federal law, the City and the Federal Communications Commision (FCC) are prevented from
regulating cable rates. It would take federal legislation to change that situation. The FCC believes that as
competition and choices expand, consumers will have access to more services and that prices will
eventually be controlled by competition.
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MA-65 Hazard Mitigation - 91.210(a)(5), 91.310(a)(3)
Describe the jurisdiction’s increased natural hazard risks associated with climate change.
Situated where it is geographically, an increased natural hazard risk faced by Eden Prairie would be
possible tornadic activity. Though the linkage between climate change and tornadoes is not yet well
understood. Another natural hazard could possibly be changes to the water table and flooding, as Eden
Prairie is a relatively wet City with several high and low spots, 15 lakes, 500 wetlands, and 250 storm
water ponds. Weather changes could cause possible flooding in areas that were not previously at risk.
Describe the vulnerability to these risks of housing occupied by low- and moderate-income
households based on an analysis of data, findings, and methods.
Water as a resource has critical importance in guaranteeing a high quality of life. Coordination regarding
decisions about supply, surface water management, handling of wastewater, and related issues in land
use, transportation, and housing necessitate a holistic approach to water management. While the City
has not performed a formal analysis of the impact of climate change on low/mod income housing, it is
very proactive, collaborative, and forward thinking in water management planning and execution, and
quickly reactive when conditions become a problem for any residential facility.
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Strategic Plan
SP-05 Overview
Strategic Plan Overview
The Consortium has identified overarching Priority Needs which include:
• Create Affordable Rental Housing
• Preserve and Create Multifamily Rental Opportunities
• Preserve and Create Single Family Homeownership Opportunities
• Create Housing Opportunities for Homeless Populations
• Promote Education, Outreach, and Services
• Support Neighborhood Revitalization
• Stimulate Economic Development
To address these Priority Needs, the city of Eden Prairie has identified a series of Goals which include
the following:
Preserve and Create Single Family Homeownership Opportunities
• Provide direct homebuyer assistance by providing down payment assistance to First Time
Homebuyers to purchase affordable housing in Eden Prairie
• Acquisition of Affordable Housing
• Provide capital to acquire and renovate owner occupied housing
Promote Education, Outreach, and Services
• Provide a variety of public services including Homelessness Prevention and Support Services,
Emergency Assistance, Senior Services, Youth Services, Transportation Services, and Fair
Housing Activities.
Provide rehab grants to local non-profit organizations that serve low/mod Eden Prairie residents.
Preserve and Create Multifamily Rental Opportunities
• Provide capital to acquire and renovate affordable rental housing
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SP-10 Geographic Priorities - 91.415, 91.215(a)(1)
Geographic Area
Table 12 - Geographic Priority Areas
1 Area Name: Citywide
Area Type: Local Target
area
Other Target Area Description:
HUD Approval Date:
% of Low/ Mod:
Revital Type: Comprehensive
Other Revital Description:
Identify the neighborhood boundaries for this target area.
Include specific housing and commercial characteristics of this target area.
How did your consultation and citizen participation process help you to
identify this neighborhood as a target area?
Identify the needs in this target area.
What are the opportunities for improvement in this target area?
Are there barriers to improvement in this target area?
General Allocation Priorities
Describe the basis for allocating investments geographically within the state
The activities selected by the City of Eden Prairie are primarily offered on a city wide basis to low/mod
income residents to ensure equal opportunity to all interested, income qualified participants.
Consolidated Plan EDEN PRAIRIE 33
OMB Control No: 2506-0117 (exp. 06/30/2018)
SP-25 Priority Needs - 91.415, 91.215(a)(2)
Priority Needs
Table 13 – Priority Needs Summary
1 Priority Need
Name
Preserve/Create Multifamily Rental Opportunities
Priority Level High
Population Extremely Low
Low
Moderate
Large Families
Families with Children
Elderly
Individuals
Families with Children
Elderly
Persons with Mental Disabilities
Persons with Physical Disabilities
Persons with Developmental Disabilities
Victims of Domestic Violence
Geographic
Areas
Affected
Citywide
Associated
Goals
Acquisition
Description The city has many multi-family rental housing buildings (both subsidized and
market rate) that are aging and are in need of rehabilitation. Additionally, with a
low vacancy rate and high rents, the need for new affordable units is in demand.
Basis for
Relative
Priority
Because of the extremely low vacancy rates, and high levels of cost burdened
households, the development of affordable multifamily housing is a high priority.
2 Priority Need
Name
Preserve/Create Single Family Homeownership
Priority Level High
Consolidated Plan EDEN PRAIRIE 34
OMB Control No: 2506-0117 (exp. 06/30/2018)
Population Extremely Low
Low
Moderate
Large Families
Families with Children
Elderly
Geographic
Areas
Affected
Citywide
Associated
Goals
Homeowner Rehabilitation
Direct Homebuyer Assistance
Acquisition
Description Homeowner Rehabilitation Assistance
Property Acquisition/Rehabilitation
Direct Homebuyer Assistance
Basis for
Relative
Priority
Preserving existing ownership housing is a high priority need for the city of Eden
Prairie. Affordable homeownership housing is also rated as a high priority need
by the city.
Due to the realities of the increasing property values and the costs of
homeownership, low moderate-income households are the priority population. A
significant need for affordable assistance to owners to remain in their homes and
maintain the housing stock was wholly recognized by the Consortium as a Priority
Need into the 2020-2024 Plan.
3 Priority Need
Name
Housing Opportunities for Homeless Populations
Priority Level High
Population Extremely Low
Large Families
Families with Children
Elderly
Individuals
Families with Children
Mentally Ill
veterans
Victims of Domestic Violence
Unaccompanied Youth
Consolidated Plan EDEN PRAIRIE 35
OMB Control No: 2506-0117 (exp. 06/30/2018)
Geographic
Areas
Affected
Citywide
Associated
Goals
Acquisition
Description Create housing opportunities for homeless populations.
Basis for
Relative
Priority
The City of Eden Prairie does not have a chronically homeless
population. However, we recognize that there are residents at risk of becoming
homeless. These residents are served by PROP and MoveFwd to prevent them
from becoming homeless.
4 Priority Need
Name
Education, Outreach and Services
Priority Level High
Population Extremely Low
Low
Moderate
Large Families
Families with Children
Elderly
Individuals
Families with Children
Victims of Domestic Violence
Unaccompanied Youth
Elderly
Persons with Mental Disabilities
Persons with Physical Disabilities
Persons with Developmental Disabilities
Victims of Domestic Violence
Geographic
Areas
Affected
Citywide
Associated
Goals
Senior Services
Public Services
Youth Services
Consolidated Plan EDEN PRAIRIE 36
OMB Control No: 2506-0117 (exp. 06/30/2018)
Description Senior Services, Child Care Services, emergency housing assistance and vehicle
repair.
Emergency Assistance and family services
Fair housing
Basis for
Relative
Priority
The needs are based upon the annual application for funds by non-profits as well
as data analysis and input received from local social service agencies that
serve Eden Prairie residents.
5 Priority Need
Name
Neighborhood Revitalization
Priority Level Low
Population Extremely Low
Low
Moderate
Geographic
Areas
Affected
Citywide
Associated
Goals
Homeowner Rehabilitation
Rehab Grants
Acquisition
Description Neighborhood revitalization.
Basis for
Relative
Priority
Eden Prairie does not currently have blighted areas. As Eden Prairie ages, areas
that need revitalization may arise.
6 Priority Need
Name
Economic Development
Priority Level High
Population Extremely Low
Low
Moderate
Geographic
Areas
Affected
Citywide
Associated
Goals
Rehab Grants
Acquisition
Consolidated Plan EDEN PRAIRIE 37
OMB Control No: 2506-0117 (exp. 06/30/2018)
Description Economic development is a city-wide activity. Projects such as code
enforcement, improvement of public and non profit facilities and infrastructure
and business assistance provides benefits to all, including low to moderate
income residents.
Basis for
Relative
Priority
Economic development is a city-wide activity. Projects such as code
enforcement, improvement of public and non profit facilities and infrastructure
and business assistance provides benefits to all, including low to moderate
income residents.
7 Priority Need
Name
Administration
Priority Level High
Population Extremely Low
Low
Moderate
Geographic
Areas
Affected
Citywide
Associated
Goals
Administration
Description Administer the CDBG program and coordinate funding for all activities that
receive funding through the City of Eden Prairie.
Basis for
Relative
Priority
The priority for program administration is high due to the high need of
coordination of the city's CDBG program
8 Priority Need
Name
Rehab Grants
Priority Level High
Population Extremely Low
Low
Moderate
Large Families
Families with Children
Elderly
Geographic
Areas
Affected
Citywide
Consolidated Plan EDEN PRAIRIE 38
OMB Control No: 2506-0117 (exp. 06/30/2018)
Associated
Goals
Rehab Grants
Description Provide grants to local non profits and organizations that serve low mod income
Eden Prairie residents.
Basis for
Relative
Priority
Organizations and non profits have rehabilitation needs for their buildings that
are used to serve low/mod income Eden Prairie residents.
9 Priority Need
Name
Fair Housing
Priority Level High
Population Extremely Low
Low
Moderate
Public Housing Residents
Geographic
Areas
Affected
Citywide
Associated
Goals
Fair Housing
Consolidated Plan EDEN PRAIRIE 39
OMB Control No: 2506-0117 (exp. 06/30/2018)
Description The City of Eden Prairie will participate in and help to fund fair housing activities
through the Fair Housing Implementation Council, which provides support for fair
housing activities. Activities include education for property managers, staff
training community outreach, and referral to Legal Aid.
The City of Eden Prairie continues to participate in and fund fair housing activities
through the 11-member regional Fair Housing Implementation Council, which
provides support for fair housing activities, most notably publishing the regional
Analysis of Impediments to Fair Housing. The Council is now in the process of
preparing a Request for Proposals for the next “AI”.
Notably since the City submitted its last Action Plan, it has adopted a local Fair
Housing Policy that articulates how the City will handle fair housing complaints,
designating a fair housing officer, explaining how the City will train staff in fair
housing affairs and more. The policy is now prominently displayed on the City’s
website along with contact information, information on getting fair housing
resources translated and more.
The Consortium, along with other metro-area entitlement jurisdictions and
stakeholders working together under the direction of the Fair Housing
Implementation Council, prepared a new Regional Analysis of Impediments to
Fair Housing. The City of Eden Prairie has taken the identified impediments from
this document and the suggested actions to overcome these impediments to find
activities to support these actions. The impediments the City addressed are: 1)
Lack of sufficient fair housing outreach and education. 2) Lack of understanding
of what qualifies as a fair housing issue, particularly as it relates to
landlord/tenant disputes and affordable housing production.
The city’s Rental Housing Inspection Program and the Apartment Property
Managers Group are two strategies the city uses to address these impediments.
The city partners with Housing Link and Homeline to provide education for
property managers on Fair Housing.
Basis for
Relative
Priority
Fair Housing is a high priority for the city due to the many issues that low/mod
income renters face.
Narrative (Optional)
The city's Priority Needs are set based upon the needs identified by the Hennepin County Consortium.
The activities to be undertaken during the 2020 fiscal year address the priority needs and local
objectives as set forth in the Consolidated Plan. The activities that are part of the 2020 Action Plan are
to be completed within 12 months from the time funds are allocated to the City of Eden Prairie.
Consolidated Plan EDEN PRAIRIE 40
OMB Control No: 2506-0117 (exp. 06/30/2018)
SP-35 Anticipated Resources - 91.420(b), 91.215(a)(4), 91.220(c)(1,2)
Introduction
The city anticipates receiving its annual allocation of $285,678 along with $50,000 in program income. The city anticipates having $45,000 in
prior year entitlement funds and program income available that it will use to fund projects during 2020. During 2020, the city’s allocation
amount is $285,678 for a total available amount of $380,678.
The city expects to receive approximately $300,000 per year in CDBG funds from 2021-2024. This includes an estimated $250,000 allocation and
$50,000 of program income.
Anticipated Resources
Program Source
of Funds Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan $
Narrative Description
Annual
Allocation: $
Program
Income: $
Prior Year
Resources: $
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 285,678 50,000 45,000 380,678 1,000,000
The city expects to receive approximately
$300,000 per year in CDBG funds. This
includes an estimated $250,000
allocation, $50,000 program income.
During 2020, the cityâ¿¿s allocation
amount is $285,678 for a total available
amount of $380,678.
Table 14 - Anticipated Resources
Consolidated Plan EDEN PRAIRIE 41
OMB Control No: 2506-0117 (exp. 06/30/2018)
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
matching requirements will be satisfied
When possible, federal funds are leveraged with additional resources. For the housing rehabilitation program, homeowners will use their own
funds with the CDBG funds.
Affordable housing programs leverage additional county, state and federal funds for additional down payment assistance and rehab of
purchased properties.
All public service agencies use CDBG funds to leverage additional public and private funds. In most cases, CDBG funds are only a small portion of
their total budget. Commitment of CDBG funds by the city allows the public service agencies to seek out additional funding sources that require
a commitment.
If appropriate, describe publically owned land or property located within the state that may be used to address the needs
identified in the plan
N/A
Discussion
The city anticipates receiving its annual allocation of $285,678 along with $50,000 in program income. The city has prior year entitlement funds
and program income available that it will use to fund projects during 2020.
The city will use excess prior year entitlement funds or program income for administration, public services, affordable housing and rehabilitation
projects.
Consolidated Plan EDEN PRAIRIE 42
OMB Control No: 2506-0117 (exp. 06/30/2018)
SP-40 Institutional Delivery Structure - 91.415, 91.215(k)
Explain the institutional structure through which the jurisdiction will carry out its consolidated plan
including private industry, non-profit organizations, and public institutions.
Responsible Entity Responsible Entity
Type
Role Geographic Area
Served
EDEN PRAIRIE Government Economic
Development
Homelessness
Non-homeless special
needs
Ownership
Planning
Rental
neighborhood
improvements
public facilities
public services
Jurisdiction
HENNEPIN COUNTY Government Homelessness
Ownership
Planning
Rental
Region
People Reaching out to
Other People
Subrecipient Homelessness
Non-homeless special
needs
public services
Jurisdiction
Senior Community
Services (SCS)
Subrecipient Non-homeless special
needs
public services
Jurisdiction
WEST HENNEPIN
AFFORDABLE HOUSING
LAND TRUST
Subrecipient Ownership Region
Table 15 - Institutional Delivery Structure
Assess of Strengths and Gaps in the Institutional Delivery System
In general, the institutional delivery system is effective in that local government, social service agencies
and others know what is available and refer clients to each other in order to best assist those that need
services. While the system performs well to those that understand it, it can be a very large and complex
system to deal with if you are accessing it for the first time.
Consolidated Plan EDEN PRAIRIE 43
OMB Control No: 2506-0117 (exp. 06/30/2018)
Availability of services targeted to homeless persons and persons with HIV and mainstream
services
Homelessness Prevention
Services
Available in the
Community
Targeted to
Homeless
Targeted to People
with HIV
Homelessness Prevention Services
Counseling/Advocacy X
Legal Assistance X
Mortgage Assistance X
Rental Assistance X
Utilities Assistance X
Street Outreach Services
Law Enforcement X
Mobile Clinics
Other Street Outreach Services
Supportive Services
Alcohol & Drug Abuse
Child Care X
Education X
Employment and Employment
Training X
Healthcare
HIV/AIDS
Life Skills X
Mental Health Counseling X
Transportation X
Other
Senior Services X
Table 16 - Homeless Prevention Services Summary
Describe how the service delivery system including, but not limited to, the services listed
above meet the needs of homeless persons (particularly chronically homeless individuals and
families, families with children, veterans and their families, and unaccompanied youth)
Members of the Minneapolis/Hennepin County Continuum of Care (CoC) & the Office to End
Homelessness (OEH) convene CoC members around specific target populations (Youth Collaborative,
Family Services Network, Veteran Committee) and intervention types (Shelter Efficiency Network, The
Outreach Group) in order to coordinate and develop new collective strategies to make homelessness
rare, brief and non-recurring. The CoC's funding committee evaluates existing and proposed projects for
service and reallocates funds to meet emerging needs.
All homeless designated housing programs that receive public funding are required to fill all vacancies
through referrals from the Coordinated Entry System (CES). This allows for a system-wide assessment
Consolidated Plan EDEN PRAIRIE 44
OMB Control No: 2506-0117 (exp. 06/30/2018)
and prioritization of people most in need of each housing type. All permanent supportive housing
projects prioritize chronically homeless persons and families, with chronicity, length of time homeless,
disability status and vulnerability level are all taken into account, alongside client preferences.
Our community has very few homeless families that meet the HUD definition of chronic homelessness
due to a shelter-all policy for families and access to rapid rehousing and permanent supportive housing
through CES. Hennepin CoC has reduced family homelessness overall by 40% over the last five years as
reflected in our Point-In-Time (PIT) count data for HUD (2014 PIT families = 594; 2018 PIT families =
348).
For single adults, the OEH has developed a by-name list of those who meet the length-of-time homeless
requirement for chronic homeless status. This list is used to target outreach and case management from
Hennepin County’s Homeless Access Team and for case conferencing at a bi-weekly meeting attended
by shelter and outreach staff, among others. They verify disability status and provide support to access
housing. Since adopting this approach in July 2017, almost 200 people experiencing chronic
homelessness have moved into permanent housing. There are currently 336 people still on the by-name
list, of whom 222 have a verified disability. 73 have a pending referral to a housing program.
Hennepin CoC adopted a by-name registry for veterans in 2015 and has since housed more than 700
veterans. Hennepin hosts an annual "Stand Down" for homeless veterans by Minnesota Assistance
Council for Veterans (MACV), in collaboration with Minneapolis VA Mental Health Homeless Programs &
VISN Coordinator. Outreach is provided at the Adult Opportunity Center, shelters & Drop-in Centers,
through the VA MH Homeless Mobile Outreach program, and Minneapolis VA's Community Resource &
Referral Center. There are currently 136 veterans on the registry, of whom 77 have been on the registry
for more than 30 days. We have approximately 100 VASH vouchers allocated and in the property search
phase, considerable SSVF resources, and a process for prioritizing any veteran that cannot be served by
either for general homeless housing programs through CES. We are currently working with the
Minnesota Department of Veterans Affairs, MACV and others on landlord engagement strategies with a
goal of declaring an end to veteran homelessness.
The youth-specific crisis response system in Hennepin CoC consists of access points (crisis line, website
and mobile app), prevention services, street and school outreach (18 FTE), three drop-in centers, 61
Emergency Shelter (ES) beds, 260 Rapid ReHousing (RRH) / Transitional Housing (TH) beds, 30 Host
Homes (30) and 269 Permanent Supportive Housing units (PSH). These are spread across providers who
receive a combination of federal, state, county and private funds.
Describe the strengths and gaps of the service delivery system for special needs population
and persons experiencing homelessness, including, but not limited to, the services listed
above
Consolidated Plan EDEN PRAIRIE 45
OMB Control No: 2506-0117 (exp. 06/30/2018)
The city of Eden Prairie has a strong coalition of service providers who work together to identify
precariously housed youth, families, and individuals; and to find safe and decent housing that will
prevent homelessness.
• Within the homeless population, special niche populations receive services that are tailored to
their specific needs. Veterans are offered veteran-specific housing as well as being eligible for
permanent supportive housing if they are chronically homeless.
• Our community has developed specific programming for our refugee population, which
experiences unique challenges to housing, in part because of their trauma, large family size, lack
of English skills, lack of recognized credentials and schooling, and barriers to integrating into
American society.
• Chemically-dependent single adults have both sober housing and “wet housing” available,
depending on their needs and ability to maintain sobriety.
• While Native Americans are less than one percent of the county’s population, they are seven
percent of the homeless population and more than one quarter of the unsheltered population.
Several Native American focused programs address these specific needs.
• Families homeless grew dramatically during the Great Recession while single adult
homelessness grew much more slowly. Funding for family homelessness has responded by
redirecting some funds to rapid rehousing services, focusing on repeat shelter users, and
expanding capacity to meet this need. Additional rent subsidies have become available for
chronically homeless families.
Provide a summary of the strategy for overcoming gaps in the institutional structure and
service delivery system for carrying out a strategy to address priority needs
The strengths of the delivery system include a diverse and experienced base of housing, community
development, and social service providers and organizations. Coordination among the state, the county,
and regional and local governments has resulted in significant planning initiatives and working policy
groups, such as the Hennepin County and City of Minneapolis Commission to End Homelessness, and
the City County Task Force on Lead Hazard Control. One result of this coordination has been the
consolidated request for proposal (RFP) issued by public and private funders statewide, including
Hennepin County. Annually, the county issues its Coordinated Request for Proposals (CRFP) that includes
funding from the county’s Affordable Housing Incentive Fund (AHIF), Transit Oriented Development
(TOD), Supportive Housing Initiative Fund (SHIF), and Group Residential Housing (GRH), and federal
funding from the HOME program and Continuum of Care of the Homeless program. These funding
opportunities are further coordinated with federal Community Development Block Grant (CDBG) and
Emergency Shelter Grant (ESG) programs. Another example of the effectiveness of the coordination
between the Consortium partners is the success of the Consortium in meeting the majority of the
Consolidated Plan 2005-2009 goals.
Hennepin County and Minneapolis’ 10 year plan to end homelessness, Heading Home Hennepin, has
been a collaborative effort driven in large part by the efforts of social service agencies and faith-based
Consolidated Plan EDEN PRAIRIE 46
OMB Control No: 2506-0117 (exp. 06/30/2018)
organizations who have taken the lead in providing services for the chronically homeless in our
community. The City and Hennepin County collaborate to identify the needs and coordinate
implementation of the ESG funding through the City-County Office to End Homelessness and Heading
Home Hennepin. Over the next five years, Hennepin County will implement a Coordinated Assessment
process, bringing together all aspects of the continuum of homeless services into a unified process. Each
person seeking homeless services will be assessed within one week for their vulnerability and people will
be triaged to the most appropriate level of intervention needed to end their homelessness.
The gaps that do remain in housing delivery result from the shortages of local, state and federal funding,
such as rental assistance. Other gaps include remaining fragmentation of certain programs serving
special needs populations. Although the consolidated RFP was noted above, a number of other funding
sources continue to have separate submission requirements and deadlines. Each funding source also
continues to have variations in program complexity and requirements.
Consolidated Plan EDEN PRAIRIE 47
OMB Control No: 2506-0117 (exp. 06/30/2018)
SP-45 Goals - 91.415, 91.215(a)(4)
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Homeowner
Rehabilitation
2020 2024 Affordable Housing Citywide Preserve/Create Single
Family
Homeownership
Neighborhood
Revitalization
CDBG:
$500,000
Homeowner Housing
Rehabilitated:
30 Household Housing Unit
2 Direct
Homebuyer
Assistance
2020 2024 Affordable Housing Citywide Preserve/Create Single
Family
Homeownership
CDBG:
$500,000
Homeowner Housing Added:
10 Household Housing Unit
3 Senior Services 2020 2024 Non-Homeless
Special Needs
Non-Housing
Community
Development
Senior Public
Service
Citywide Education, Outreach
and Services
CDBG:
$60,000
Public service activities other
than Low/Moderate Income
Housing Benefit:
150 Persons Assisted
4 Public Services 2020 2024 Non-Homeless
Special Needs
Non-Housing
Community
Development
Citywide Education, Outreach
and Services
CDBG:
$200,000
Public service activities other
than Low/Moderate Income
Housing Benefit:
100 Persons Assisted
Public service activities for
Low/Moderate Income
Housing Benefit:
75 Households Assisted
Consolidated Plan EDEN PRAIRIE 48
OMB Control No: 2506-0117 (exp. 06/30/2018)
Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
5 Youth Services 2020 2024 Non-Housing
Community
Development
Citywide Education, Outreach
and Services
CDBG:
$20,000
Public service activities other
than Low/Moderate Income
Housing Benefit:
15 Persons Assisted
6 Administration 2020 2024 Administration Citywide Administration CDBG:
$200,000
Other:
1 Other
7 Fair Housing 2020 2024 Fair Housing Citywide Fair Housing CDBG:
$10,000
Other:
1 Other
8 Rehab Grants 2020 2024 Non-Homeless
Special Needs
Citywide Neighborhood
Revitalization
Economic
Development
Rehab Grants
CDBG:
$150,000
Facade treatment/business
building rehabilitation:
6 Business
9 Acquisition 2020 2024 Affordable Housing Citywide Preserve/Create
Multifamily Rental
Opportunities
Preserve/Create Single
Family
Homeownership
Housing Opportunities
for Homeless
Populations
Neighborhood
Revitalization
Economic
Development
CDBG:
$400,000
Homeowner Housing Added:
5 Household Housing Unit
Table 17 – Goals Summary
Consolidated Plan EDEN PRAIRIE 49
OMB Control No: 2506-0117 (exp. 06/30/2018)
Goal Descriptions
1 Goal Name Homeowner Rehabilitation
Goal
Description
The City of Eden Prairie expects to rehabilitate six owner-occupied homes through the Housing Rehabilitation Loan
Program. The program is funded using CDBG formula funds and program income. The program provides up to $30,000,
depending on availability of funds, for eligible repairs through an interest free, deferred loan, with a phased repayment.
The loan is forgiven after 20 years. Applications are accepted year round on a “first come, first served” basis. Applicants
qualify based on their household income and the amount of equity in their home. An emergency rehab grant program will
also be available for seniors to receive grants up to $5,000 to make emergency repairs to their homes. It is expected that
two emergency grants will be made.
2 Goal Name Direct Homebuyer Assistance
Goal
Description
Create single family homeownership though the First Time Homebuyer program and WHAHLT.
The city assists first time homebuyers through a down payment assistance program and through the WHAHLT
program. The city expects to provide First Time Homebuyer loans for downpayment asistance and grants to WHAHLT for
acquisition of an affordable property in Eden Prairie. Down payment assistance is an interest free deferred loan up to
$15,000 that provides 50% of the required down payment, $5000 in closing costs and 10% principle reduction.
3 Goal Name Senior Services
Goal
Description
Assistance to seniors with interior and exterior home maintenance (such as yard work, snow removal, and minor repairs)
to help seniors remain in their homes with dignity and safety.
4 Goal Name Public Services
Goal
Description
Provide assistance to households that need emergency assistance for housing costs (rent/mortgage) and transportation.
Provide assistance to households in danger of becoming homeless that need emergency assistance for housing costs
(rent/mortgage). Provide emergency transportation assistance through the Emergency Vehicle Repair program.
Consolidated Plan EDEN PRAIRIE 50
OMB Control No: 2506-0117 (exp. 06/30/2018)
5 Goal Name Youth Services
Goal
Description
Provide child care assistance for low/mod Eden Prairie residents.
6 Goal Name Administration
Goal
Description
The program administration funds will be used to implement the CDBG Program for the city of Eden Prairie.
7 Goal Name Fair Housing
Goal
Description
Activities to promote fair housing choice, enforcement, testing, outreach, information and referral in Eden Prairie and
throughout suburban Hennepin County. Fair Housing activities include education for property managers, staff training,
community outreach, and referral to Legal Aid. Funds are provided to Hennepin County for implementation of the Fair
Housing activity.
8 Goal Name Rehab Grants
Goal
Description
Provide rehabilitation grants to non profits that serve low mod income Eden Prairie residents. This goal will be funded if
excess program income is available.
9 Goal Name Acquisition
Goal
Description
Acquisition of land or property for affordable housing projects. CDBG funds are used for acquisition of affordable
properties by West Hennepin Affordable Housing Land Trust (WHAHLT) and then sold to a low/mod income eligible buyer.
WHAHLT retains ownership of the property on which the home sits, thereby assuring that it will remain an affordable
property for a term of 99 years.
Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide
affordable housing as defined by HOME 91.315(b)(2)
The HOME Investment Partnerships Program (HOME) provides formula grants to states and localities that communities use to fund building,
buying, and rehabilitating affordable housing for rent or homeownership. HOME funds are also used to provide direct rental assistance to low-
income people. Eden Prairie is not a HOME recipient. Rather, HOME funds are allocated to and coordinated by Hennepin County for affordable
housing projects county-wide.
Consolidated Plan EDEN PRAIRIE 51
OMB Control No: 2506-0117 (exp. 06/30/2018)
Eden Prairie's CDBG housing programs are generally oriented towards the rehabilitation of the city's existing owner-occupied housing stock and
first time homebuyer programs. During the 2020-2024 Consolidated Plan cycle, Eden Prairie expects to assist approximately 30 low/mod income
families through the housing rehabilitation program. Of this, it is expected that 5 will be extremely low income, 10 will be low income, and 15
will be moderate income.
Eden Prairie's First Time Homebuyer Program and West Hennepin Affordable Housing Land Trust are two affordable housing programs the city
offers first time homebuyers to purchase an affordable housing unit in Eden Prairie. During the 2020-2024 Consolidated Plan cycle, Eden
Prairie expects to assist approximately 10 families through these programs. Of this, it is expected that all 10 will be moderate income.
Consolidated Plan EDEN PRAIRIE 52
OMB Control No: 2506-0117 (exp. 06/30/2018)
Consolidated Plan EDEN PRAIRIE 53
OMB Control No: 2506-0117 (exp. 06/30/2018)
SP-65 Lead-based Paint Hazards - 91.415, 91.215(i)
Actions to address LBP hazards and increase access to housing without LBP hazards
Participants in the City’s Housing Rehabilitation Program who reside in a house built prior to 1978 are
required to have their home tested for lead-based paint prior to receiving a loan. The lead-based paint
testing is completed by Hennepin County. If lead hazards are found, they must be corrected and the
home must pass a clearance test before the project is considered complete. If the clearance test does
not pass, the corrections and re-testing must continue until the home does pass. This process is
completed following HUD regulations and guidelines. If lead is found in the home and children are
present, the city will work with the county to help the family apply for county grants in order to address
the lead hazards. These grants will provide for temporary housing of the family while the work is being
performed as well as paying for a portion of the lead abatement work. Once the home has passed a
clearance test, the family will be allowed to move back home. The housing stock in Eden Prairie is newer
and there are not many households that participate in the housing rehabilitation program that are built
prior to 1978.
How are the actions listed above integrated into housing policies and procedures?
In order to comply with the Lead-Safe Housing Rule, all homes built prior to 1978 will be tested for lead
through the Hennepin County Housing, Community Works and Transit Lead Hazard Control. If lead
hazards are found, they must be corrected and a clearance report must be completed. This process is
completed following HUD regulations and guidelines.
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SP-70 Anti-Poverty Strategy - 91.415, 91.215(j)
Jurisdiction Goals, Programs and Policies for reducing the number of Poverty-Level Families
As a member of the Hennepin County Consortium, the City of Eden Prairie adopts the goals and policies
of the Hennepin County anti-poverty strategy. As the City of Eden Prairie resides in Hennepin County,
residents are able to receive assistance through anti-poverty programs coordinated at the County level.
The following are actions the City of Eden Prairie is taking to reduce the number of poverty level
families
• Collaborating with and funding social service agencies in the community that assist families
toward self-sufficiency.
• Partnering with nonprofits to offer financial management and budgeting classes for the
immigrant community, particularly who have accessed financial support in the past.
• Job coaching program to assist poverty level adults in finding jobs, particularly those who have
barriers with technology.
• Providing assistance to help poverty level families find affordable housing.
• Pursuing microenterprise pilot program to assist poverty level families in launching small
businesses.
• Raising the visibility of support services in the community so that families in need can find the
help they need to move out of poverty.
• Educating the broader population about the needs of poverty level families in the community
and holding collaborating events to work together to meet these needs and assist families in
becoming self-sufficient
How are the Jurisdiction poverty reducing goals, programs, and policies coordinated with this
affordable housing plan
Eden Prairie believes in reducing poverty by investing in families, family development and education. Its
investments in human service delivery organizations and programming evidence this. For example, we
invest in an emergency car repair programming recognizing the vital need of being able to sustain and
hold on to a job as a key to build wealth and be able to maintain an address. We invest in first-time
homebuyers, recognizing that owning a home is perhaps the primary way of obtaining wealth for
families and individuals. We provide assistance for individuals in building resumes and finding jobs,
recognizing that without quality employment stable housing is impossible.
Consolidated Plan EDEN PRAIRIE 55
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SP-80 Monitoring - 91.230
Describe the standards and procedures that the jurisdiction will use to monitor activities
carried out in furtherance of the plan and will use to ensure long-term compliance with
requirements of the programs involved, including minority business outreach and the
comprehensive planning requirements
For activities carried out by subrecipients, the City enters into a subrecipient agreement with the
organization. This agreement covers several items, including: a scope of services, a term for
expenditure of the funds, compliance with federal regulations and record keeping.
In addition to receiving reports, City staff from the office of Housing and Community Services also
conduct an onsite biennial monitoring visit of each subrecipient. These onsite monitoring visits consist
of review of files for compliance with federal regulations, general program review with the subrecipient,
and follow-up after to ensure any problems found are being resolved. In addition to on-site monitoring,
the City periodically reviews all of its active files to make certain subrecipients are expending their funds
in a timely manner. As new projects and subrecipients are added the same staff from Housing and
Community Services will conduct the monitoring. The primary goals of monitoring subrecipients are to:
1) Ensure production and accountability,
2) Ensure compliance with CDBG and other state and federal requirements and the subrecipient
agreement, and
3) Evaluate organizational and project performance
4) Gain a better understanding of the organization
The monitoring consists of review of files for compliance with federal regulations, general program
review with the subrecipient, and follow-up after to ensure any problems found are being resolved. The
City conducts a desk review at least two weeks prior to the site visit. All reviews, conclusions, and follow
up are finalized within one month of the on-site visit, through written correspondence in order to have
permanent documentation.
In addition to the desk review and on-site monitoring, the City periodically reviews all of its active files
to make certain subrecipients are expending their funds in a timely manner. If they are not expending
their funds in a timely manner, the City provides a written letter to the subrecipient reminding them of
their responsibilities to timely spend the funds.
During any part of the subreceipient monitoring process, if there is a deficiency found then it is noted
and included as part of the final monitoring report issued. If the deficiency arises during the program
year, and not during the monitoring period, written notice is given to the subrecipient of the
deficiency. In both cases a timeframe for correcting the deficiency is given (usually 30 days) at which
Consolidated Plan EDEN PRAIRIE 56
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time the City will re-review the deficiency. If there are continued problems or a serious problem, then
further review is done and recommendations are made for City council action.
Monitoring of all subrecipients is completed every two years, unless a subrecipient is underperforming
or other concerns arise. This may cause the office of Housing and Community Services to conduct an
earlier monitoring. All public service subrecipients will be monitored during FY2020.
The City uses the Monitoring Checklist to ensure that all parts of the monitoring process are
followed. The City uses a Subrecipient Monitoring Program On Site Review form during the
monitoring. Both forms are kept in the subrecipients file at the City.
On a monthly basis, the City monitors it’s CDBG allocation to ensure that it is meeting its timeliness
compliance. Each program year, the City develops a spreadsheet so that it can monitor the funds it
expends on a monthly basis making it easy to see how much money must be spent in order to remain in
compliance.
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Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
The city anticipates receiving its annual allocation of $285,678 along with $50,000 in program income. The city anticipates having $45,000 in
prior year entitlement funds and program income available that it will use to fund projects during 2020. During 2020, the city’s allocation
amount is $285,678 for a total available amount of $380,678.
The city expects to receive approximately $300,000 per year in CDBG funds from 2021-2024. This includes an estimated $250,000 allocation and
$50,000 of program income.
Anticipated Resources
Program Source
of Funds Uses of Funds Expected Amount Available Year 1 Expected
Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual Allocation:
$
Program Income:
$
Prior Year Resources:
$
Total: $
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 285,678 50,000 45,000 380,678 1,000,000
The city expects to receive approximately
$300,000 per year in CDBG funds. This
includes an estimated $250,000
allocation, $50,000 program income.
During 2020, the cityâ¿¿s allocation
amount is $285,678 for a total available
amount of $380,678.
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Table 18 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how
matching requirements will be satisfied
When possible, federal funds are leveraged with additional resources. For the housing rehabilitation program, homeowners will use their own
funds with the CDBG funds.
Affordable housing programs leverage additional county, state and federal funds for additional down payment assistance and rehab of
purchased properties.
All public service agencies use CDBG funds to leverage additional public and private funds. In most cases, CDBG funds are only a small portion of
their total budget. Commitment of CDBG funds by the city allows the public service agencies to seek out additional funding sources that require
a commitment.
Consolidated Plan EDEN PRAIRIE 59
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If appropriate, describe publically owned land or property located within the jurisdiction that
may be used to address the needs identified in the plan
N/A
Discussion
The city anticipates receiving its annual allocation of $285,678 along with $50,000 in program
income. The city has prior year entitlement funds and program income available that it will use to fund
projects during 2020.
The city will use excess prior year entitlement funds or program income for administration, public
services, affordable housing and rehabilitation projects.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e)
Goals Summary Information
Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
1 Homeowner
Rehabilitation
2020 2024 Affordable Housing Citywide Preserve/Create
Single Family
Homeownership
CDBG:
$163,678
Homeowner Housing
Rehabilitated: 8 Household
Housing Unit
2 Direct
Homebuyer
Assistance
2020 2024 Affordable Housing Citywide Preserve/Create
Single Family
Homeownership
CDBG:
$20,000
Homeowner Housing Added: 1
Household Housing Unit
3 Senior Services 2020 2024 Non-Homeless
Special Needs
Non-Housing
Community
Development
Senior Public
Service
Citywide Education, Outreach
and Services
CDBG:
$12,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 38 Persons
Assisted
4 Public Services 2020 2024 Non-Homeless
Special Needs
Non-Housing
Community
Development
Citywide Education, Outreach
and Services
CDBG:
$45,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 20 Persons
Assisted
Public service activities for
Low/Moderate Income Housing
Benefit: 15 Households Assisted
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Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator
5 Fair Housing 2020 2024 Fair Housing Citywide Fair Housing CDBG:
$2,000
Other: 1 Other
6 Administration 2020 2024 Administration Citywide Administration CDBG:
$54,000
Other: 1 Other
7 Rehab Grants 2020 2024 Non-Homeless
Special Needs
Citywide Rehab Grants CDBG: $0 Facade treatment/business
building rehabilitation: 1
Business
8 Youth Services 2020 2024 Non-Housing
Community
Development
Citywide Education, Outreach
and Services
CDBG:
$4,000
Public service activities other
than Low/Moderate Income
Housing Benefit: 3 Persons
Assisted
9 Acquisition 2020 2024 Affordable Housing Citywide Preserve/Create
Single Family
Homeownership
CDBG:
$80,000
Homeowner Housing Added: 1
Household Housing Unit
Table 19 – Goals Summary
Goal Descriptions
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1 Goal Name Homeowner Rehabilitation
Goal
Description
The City of Eden Prairie expects to rehabilitate six owner-occupied homes through the Housing Rehabilitation Loan
Program. The program is funded using CDBG formula funds and program income. The program provides up to $30,000,
depending on availability of funds, for eligible repairs through an interest free, deferred loan, with a phased repayment.
The loan is forgiven after 20 years. Applications are accepted year round on a “first come, first served” basis. Applicants
qualify based on their household income and the amount of equity in their home. An emergency rehab grant program will
also be available for seniors to receive grants up to $5,000 to make emergency repairs to their homes. It is expected that
two emergency grants will be made.
2 Goal Name Direct Homebuyer Assistance
Goal
Description
The city assists first time homebuyers through a down payment assistance program. The city expects to provide one First
Time Homebuyer loan. Down payment assistance is an interest free deferred loan up to $15,000 that provides 50% of the
required down payment, $5000 in closing costs and 10% principle reduction.
3 Goal Name Senior Services
Goal
Description
Assistance to seniors with interior and exterior home maintenance (such as yard work, snow removal, and minor repairs)
to help seniors remain in their homes with dignity and safety.
4 Goal Name Public Services
Goal
Description
Provide assistance to households in danger of becoming homeless that need emergency assistance for housing costs
(rent/mortgage). Provide emergency transportation assistance through the Emergency Vehicle Repair program.
5 Goal Name Fair Housing
Goal
Description
Fair Housing activities include education for property managers, staff training, community outreach, and referral to Legal
Aid. Funds are provided to Hennepin County for implementation of the Fair Housing activity.
6 Goal Name Administration
Goal
Description
Implementation of the CDBG program for the city of Eden Prairie.
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7 Goal Name Rehab Grants
Goal
Description
Provide rehabilitation grants to non-profits that serve low/mod income Eden Prairie residents to update their
facilities. This goal will be funded if excess program income is available.
8 Goal Name Youth Services
Goal
Description
Provide low-income Eden Prairie parents, who may be working or attending school, with child care fee assistance.
9 Goal Name Acquisition
Goal
Description
CDBG funds are used for acquisition of affordable properties by West Hennepin Affordable Housing Land Trust (WHAHLT)
and then sold to a low/mod income eligible buyer. WHAHLT retains ownership of the property on which the home sits,
thereby assuring that it will remain an affordable property for a term of 99 years.
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AP-35 Projects - 91.420, 91.220(d)
Introduction
As determined at the March 17, 2020 public hearing, and adopted by Eden Prairie City Council
Resolution No. 2020-, the city of Eden Prairie will undertake activities related to housing rehabilitation,
homebuyer assistance, public services, fair housing and program administration.
Family public service and senior service projects fall under the public service cap. These projects are
funded for a total of $61,000 which is below the city's public service cap of $65,352; 15% of $285,678
(2020 allocation) and 15% of $150,000 (2019 program income).
# Project Name
1 Housing Rehabilitation
2 Affordable Housing
3 Family Public Service
4 Senior Services
5 Fair Housing
6 Administration
7 Rehab Grants
Table 20 – Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
At a public hearing held by the Eden Prairie City Council on March 17, 2020 and through Eden
Prairie Resolution No. 2020-, the city has allocated its 2020 CDBG funds. The focus of the allocation
continues to be on housing rehabilitation and affordable housing initiatives.
The City is in contact on a regular basis with a number of nonprofit agencies which coordinate and
provide assistance for those who have underserved needs. The City will continue to be in contact with
these agencies to learn about the underserved need in the community and how the City can help meet
these needs.
An obstacle to meeting underserved needs the City has encountered has been a lack of affordable
housing for potential homebuyers in its First Time Homebuyer Program. Due to the current housing
market in the area, the City has encountered a lack of available housing in the price range that is within
reach of young families and individuals who qualify for mortgages in the range of $200,000 to
$250,000. This lack of single family homes has become a barrier to first time homebuyers looking to
purchase a home in Eden Prairie using the First Time Homebuyer Program.
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AP-38 Project Summary
Project Summary Information
1 Project Name Housing Rehabilitation
Target Area Citywide
Goals Supported Homeowner Rehabilitation
Needs Addressed Preserve/Create Single Family Homeownership
Funding CDBG: $163,678
Description Housing rehabilitation including energy efficiency repairs for low/mod income Eden Prairie
homeowners. The rehabilitation loan program provides up to $30,000, depending on availability of
funds, for eligible repairs through a interest free, deferred loan that is forgiven after twenty years. These
loans are offered in an effort to help maintain the condition of housing and neighborhoods in Eden
Prairie. An emergency rehab grant program will also be available for seniors to receive grants up to
$5,000 to make emergency repairs which to their homes
Target Date 6/30/2021
Estimate the number and type
of families that will benefit
from the proposed activities
It is estimated that six low/mod income Eden Prairie families will benefit from the Housing Rehab
program and two low/mod income seniors will benefit from the emergency rehab program.
Location Description This is a city wide program.
Planned Activities Housing Rehabilitation
2 Project Name Affordable Housing
Target Area Citywide
Consolidated Plan EDEN PRAIRIE 66
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Goals Supported Direct Homebuyer Assistance
Acquisition
Needs Addressed Preserve/Create Single Family Homeownership
Funding CDBG: $100,000
Description Funding for down payment assistance for low/mod income first time home buyers. The Eden Prairie First
Time Homebuyer Program offers a zero interest, deferred loan with the city of Eden Prairie holding a
second mortgage on the property. The deferred loan helps first time homebuyers offset the cost of
purchasing a home by providing assistance with down payment, closing costs, and mortgage principle
reduction. Repayment of the loan is required when the home is sold or no longer homesteaded within
the first 30 years. After 30 years, the loan becomes due and payable. CDBG funds are used for
acquisition of the affordable property by West Hennepin Affordable Housing Land Trust (WHAHLT) and
then sold to a low/mod income eligible buyer. WHAHLT retains ownership of the property on which the
home sits, thereby assuring that it will remain an affordable property for a term of 99 years.
Target Date 6/30/2021
Estimate the number and type
of families that will benefit
from the proposed activities
One moderate income household will benefit with first time homebuyer assistance.
One moderate income household will benefit with the acquisition of affordable housing.
Location Description This is a citywide program.
Planned Activities First time homebuyer down payment assistance for one low/mod income household
WHAHLT - affordable housing acquisition to be sold to one low/mod income first timehomebuyer
household
3 Project Name Family Public Service
Target Area Citywide
Goals Supported Public Services
Youth Services
Consolidated Plan EDEN PRAIRIE 67
OMB Control No: 2506-0117 (exp. 06/30/2018)
Needs Addressed Education, Outreach and Services
Funding CDBG: $49,000
Description The Homeless Prevention program provides one to three months of emergency mortgage and rent
payments for low/mod income Eden Prairie families facing a housing crisis. The goal of the program is to
prevent homelessness and to stabilize families in their homes and alleviate a financial crisis. The Car
Repair program helps low/mod income Eden Prairie residents maintain self sufficiency by assisting with
the costs of repairs to their vehicles. The car repair program will pay 75% of eligible safety repairs up to
$1000. This enables residents to maintain their transportation and continue working. Provide short
term child care assistance for residents starting a new job or job training.
Target Date 6/30/2021
Estimate the number and type
of families that will benefit
from the proposed activities
Emergency housing - 15 households
Emergency Car Repair - 20 individuals
Child Care - 3 families
Location Description Citywide
Planned Activities Emergency rent/mortgage assistance, emergency car repair assistance and short term child care
assistance
4 Project Name Senior Services
Target Area Citywide
Goals Supported Senior Services
Needs Addressed Education, Outreach and Services
Funding CDBG: $12,000
Description Senior Community Services helps maintain independence for elders and avoid premature nursing home
placement by providing homemaker, maintenance and chore services through their HOME program.
Target Date 6/30/2021
Consolidated Plan EDEN PRAIRIE 68
OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number and type
of families that will benefit
from the proposed activities
38 low/mod income seniors will receive chore service benefits
Location Description Citywide
Planned Activities Provide maintenance and chore assistance to seniors
5 Project Name Fair Housing
Target Area Citywide
Goals Supported Fair Housing
Needs Addressed Fair Housing
Funding CDBG: $2,000
Description The City is an active member of the Fair Housing Implementation Council (FHIC), a coalition comprised of
the counties of Anoka, Dakota, Hennepin, Ramsey and Washington; the Metro HRA (Metropolitan
Council); the Community Development Agencies of Scott and Carver counties; and the cities of
Bloomington, Eden Prairie, Minneapolis, Minnetonka, Plymouth, Coon Rapids, Saint Paul and Woodbury.
A second coalition, the Fair Housing Advisory Committee (FHAC), was formed to incorporate feedback
from the community and a HUD technical services provider to inform and improve the regional Analysis
of Impediments. The scope of work includes both informing those most likely to experience
discrimination of their fair housing rights, and also connecting them with government decision-makers
to address barriers to fair housing.
Target Date 6/30/2021
Estimate the number and type
of families that will benefit
from the proposed activities
Low/mod income Eden Prairie residents will benefit from the Fair Housing Implementation Council's
(FHIC) work to identify and eliminate barriers to Fair Housing. The FHIC's work includes outreach,
education and enforcement activities. This work is not measured in number of people served, but is
designed to help as many people as possible experience a better quality of life.
Location Description Citywide
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Planned Activities The city of Eden Prairie will participate in and help to fund fair housing activities through the Fair
Housing Implementation Council, which provides support for fair housing activities. Activities include
education for property managers, staff training community outreach and referral to Legal Aid. Funds are
provided to Hennepin County for implementation of the fair housing activity.
6 Project Name Administration
Target Area Citywide
Goals Supported Administration
Needs Addressed Administration
Funding CDBG: $54,000
Description Implement and coordinate the CDBG program.
Target Date 6/30/2021
Estimate the number and type
of families that will benefit
from the proposed activities
Location Description Citywide
Planned Activities Coordinate and administer the CDBG program for Eden Prairie.
7 Project Name Rehab Grants
Target Area Citywide
Goals Supported Rehab Grants
Needs Addressed Rehab Grants
Funding :
Description Provide grants to non-profits that serve low/mod Eden Prairie residents for rehabilitation of facilities
Target Date 6/30/2021
Consolidated Plan EDEN PRAIRIE 70
OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the number and type
of families that will benefit
from the proposed activities
If excess program income funds are available, the city may use a portion of these funds to provide rehab
grants to non-profits who serve low mod income Eden Prairie residents to make needed repairs to their
facilities.
Location Description Citywide
Planned Activities Frovide grants to non-profits that serve low/mod income Eden Prairie residents to rehab their facilities.
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AP-50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and
minority concentration) where assistance will be directed
All programs will be provided on a city-wide basis and will be directed to low/mod income Eden Prairie
residents.
Geographic Distribution
Target Area Percentage of Funds
Citywide 100
Table 21 - Geographic Distribution
Rationale for the priorities for allocating investments geographically
Because there are no concentrations of poverty or other significant factors, all programs are available
city-wide.
Discussion
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AP-85 Other Actions - 91.420, 91.220(k)
Introduction
Despite limited funding, Eden Prairie’s CDBG program is designed to meet a wide range of needs,
including services for seniors, youth and families. The city also participates in fair housing activities,
housing rehabilitation and affordable housing programs. The city works with public, private, non-profit
and private industry partners to accomplish its community development goals using CDBG and other
funding sources. In an effort to further the city's efforts in assisting low and moderate income
households, the following are additional actions in which the city provides or participates in.
Actions planned to address obstacles to meeting underserved needs
As described in the Public Housing section, the City of Eden Prairie does not have oversight of and is not
involved in the operation of public housing units, and therefore does not have a plan to address public
housing improvements and resident initiatives.
The proposed actions the City of Eden Prairie will take to reduce the number of persons below the
poverty line are seen in the public services programs we fund, both with our general funds and CDBG
funds, which promote self-sufficiency. Funded social services programs such as the vehicle repair
program, the emergency housing assistance program, Meals on Wheels, and others listed several times
throughout this Action Plan have the common theme of helping people become or remain self
sufficient. Helping people become or remain self-sufficient will reduce the likelihood that they will fall
below the poverty line.
Actions planned to foster and maintain affordable housing
For the past nine months, the City has at the Council’s direction been sponsoring a Housing Task Force
charged with presenting a range of program and policy options to City leadership. Representing a wide
range of disciplines the Task Force will make recommendations on inclusionary housing and the
preservation of naturally occurring affordable housing (NOAH) among other items. The City has already
been actively negotiating inclusionary housing into its developments, as mentioned, but formalizing a
policy will provide a more streamlined and predictable process for developers. While TIF is a commonly
used tool in multifamily developments in the City, we have also built up a substantial reserve of flexible
‘pooled TIF’ dollars and have slated them for use for preserving NOAH properties or for development
around one of our four new transit stations to be built in conjunction with expansion of the green line
light rail transit line which terminates in Eden Prairie.
On the single family side, the City plans to continue to invest CDBG funds in a community land trust
called Homes Within Reach. The land trust model provides homeownership opportunities to people of
low to moderate incomes. By using the land trust model, these properties remain affordable for 99
years. The City also will used pooled TIF housing funds and CDBG funds for its first-time homebuyer
program. This program is structured to allow an interest-free loan with deferred repayment of up to
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$15,000. We also offer a first-time homebuyer program with a 30-year zero interest deferred loan up to
$10,000 to help low and moderate homebuyers get their start in the community.
Actions planned to reduce lead-based paint hazards
Participants in the City’s Housing Rehabilitation Program who reside in a house built prior to 1978 are
required to have their home tested for lead-based paint prior to receiving a loan. The lead-based paint
testing is completed by Hennepin County. If lead hazards are found, they must be corrected and the
home must pass a clearance test before the project is considered complete. If the clearance test does
not pass, the corrections and re-testing must continue until the home does pass. This process is
completed following HUD regulations and guidelines. If lead is found in the home and children are
present, the city will work with the county to help the family apply for county grants in order to address
the lead hazards. These grants will provide for temporary housing of the family while the work is being
performed as well as paying for a portion of the lead abatement work. Once the home has passed a
clearance test, the family will be allowed to move back home. The housing stock in Eden Prairie is newer
and there are not many households that participate in the housing rehabilitation program that are built
prior to 1978.
Actions planned to reduce the number of poverty-level families
The following are actions the City of Eden Prairie is taking to reduce the number of poverty level families
• Collaborating with and funding social service agencies in the community that assist families
toward self-sufficiency.
• Partnering with nonprofits to offer financial management and budgeting classes for the
immigrant community, particularly who have accessed financial support in the past.
• Job coaching program to assist poverty level adults in finding jobs, particularly those who have
barriers with technology.
• Providing assistance to help poverty level families find affordable housing.
• Participate in the Open to Business program to help families start their own small businesses.
• Raising the visibility of support services in the community so that families in need can find the
help they need to move out of poverty.
• Educating the broader population about the needs of poverty level families in the community
and holding collaborating events to work together to meet these needs and assist families in
becoming self-sufficient
Actions planned to develop institutional structure
The city of Eden Prairie is already working with many of the public service agencies that serve the
community. These agencies receive general fund grants from the city as well as CDBG grants. The two
organizations work together as part of a larger, broad-based effort. Since these relationships are
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working well, there are no planned changes.
Actions planned to enhance coordination between public and private housing and social
service agencies
The City of Eden Prairie coordinates a property managers group that meets quarterly to discuss
challenges, opportunities and resources available to rental properties. Social services agencies
participate in these quarterly meetings. The city’s rental inspection program makes referrals as needed
to city housing staff and social services agencies to provide resources to prevent displacement of
individuals and families due to deteriorating conditions. The City of Eden Prairie provides grant funding
to Senior Community Services for chore services needed by elderly residents which allows the residents
to remain safe in their homes. The city sponsors workshops by tenant advocacy agency HomeLine to
help landlords and tenants both understand the respective responsibilities and to prevent displacement.
Discussion
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Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4)
Introduction
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the
Projects Table. The following identifies program income that is available for use that is included in
projects to be carried out.
1. The total amount of program income that will have been received before the start of the
next program year and that has not yet been reprogrammed 100,000
2. The amount of proceeds from section 108 loan guarantees that will be used during the
year to address the priority needs and specific objectives identified in the grantee's
strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use
has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 100,000
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that
benefit persons of low and moderate income.Overall Benefit - A consecutive period
of one, two or three years may be used to determine that a minimum overall
benefit of 70% of CDBG funds is used to benefit persons of low and moderate
income. Specify the years covered that include this Annual Action Plan. 100.00%
Discussion
The city will use any excess program income received for additional public services, affordable housing
and rehabilitation projects.
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Denise Christensen
Public Works / Engineering
ITEM DESCRIPTION: Vacation 20-01
Vacation of Drainage and Utility Easements
ITEM NO.:
IX.D.
Requested Action
Move to: Close the public hearing; and
Adopt the Resolution vacating Drainage and Utility Easements. Synopsis
The property owners of Lot 9 and 10, Block 1, Bellerieve, have requested the vacation of a part of the drainage and utility easements over these lots to facilitate the building of a new home. Background Information
The drainage and utility easements to be vacated were originally dedicated with the plat of Bellerieve. The property owners applied for an Administrative Review to combine the two lots into one. It was approved in September of 2019 with the requirement that certain easements would be vacated. In order to meet the requirements of the combination, the property owners have requested these underlying easements vacated.
Attachments
• Resolution
• Location Map
• Site Plan
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER LOTS 9 AND 10, BLOCK 1, BELLERIEVE HENNEPIN COUNTY, MINNESOTA VACATION 20-01 WHEREAS, the City of Eden Prairie has a certain Drainage and Utility Easement described as
follows:
That part of the Drainage and Utility Easement dedicated in the plat of BELLERIEVE, according to the recorded plat thereof, Hennepin County, Minnesota, which lies 5 feet southerly of and adjoining the north line of Lot 9, Block 1, said BELLERIEVE, and lying westerly of a line described as commencing at the northeast corner of said Lot 9; thence
on an assumed bearing of North 84 degrees 16 minutes 35 seconds West, along said north
line of Lot 9, a distance of 88.04 feet to a west line of the Drainage and Utility Easement dedicated in said BELLERIEVE and the point of beginning of the line to be described; thence South 1 degree 30 minutes 03 seconds West 60.76 feet and said line there terminating, EXCEPT the west 20.00 feet of said Lot 9.
Together with that part of the Drainage and Utility Easement dedicated in said plat of
BELLERIEVE, which lies 5 feet northerly of and adjoining the south line of Lot 10, said Block 1, and lying westerly of a line described as commencing at said northeast corner of Lot 9; thence North 84 degrees 16 minutes 35 seconds West, along said north line of Lot 9, a distance of 73.92 feet to a west line of the Drainage and Utility Easement dedicated
in said BELLERIEVE and the point of beginning of the line to be described; thence
North 34 degrees 45 minutes 09 seconds East 17.08 feet and said line there terminating, EXCEPT the west 20.00 feet of said Lot 10. WHEREAS, a Public Hearing was held on March 17, 2020 after due notice was given to
affected property owners and published in accordance with M.S.A. 412.851; and
WHERAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easement has no relationship to the comprehensive municipal plan; and
WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said Easements described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851.
ADOPTED by the Eden Prairie City Council on March 17, 2020.
____________________________ Ronald A. Case, Mayor ATTEST:
__________________________ Kathleen Porta, City Clerk
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DATE: 02/05/2020EASEMENT VACATION LOCATION MAPVAC 20-01
VACATION 20-01
NOTICE OF VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENT AS DEDICATED ON THE PLAT OF BELLERIEVE OVER LOT 9 AND 10, BLOCK 1, HENNEPIN COUNTY, MINNESOTA
Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on March 17, 2020 at 7:00 p.m. to hear all persons
present upon the proposed vacation of a portion of public drainage and utility easements described as follows: That part of the Drainage and Utility Easement dedicated in the plat of BELLERIEVE, according to the recorded plat thereof, Hennepin County, Minnesota, which lies 5 feet southerly of and adjoining the
north line of Lot 9, Block 1, said BELLERIEVE, and lying westerly of a line described as commencing at the northeast corner of said Lot 9; thence on an assumed bearing of North 84 degrees 16 minutes 35 seconds West, along said north line of Lot 9, a distance of 88.04 feet to a west line of the Drainage and Utility Easement dedicated in said BELLERIEVE and the point of beginning of the line to be described; thence South 1 degree 30 minutes 03 seconds West 60.76 feet and said line there terminating, EXCEPT the west 20.00 feet of said Lot 9. Together with that part of the Drainage and Utility Easement dedicated in said plat of BELLERIEVE, which lies 5 feet northerly of and adjoining the south line of Lot 10, said Block 1, and lying westerly of a line described as commencing at said northeast corner of Lot 9; thence North 84 degrees 16 minutes 35 seconds West, along said north line of Lot 9, a distance of 73.92 feet to a west line of the Drainage and Utility Easement dedicated in said BELLERIEVE and the point of beginning of the line to be
described; thence North 34 degrees 45 minutes 09 seconds East 17.08 feet and said line there terminating, EXCEPT the west 20.00 feet of said Lot 10. By Order of the City Council
Published in the Eden Prairie News on February 13, 2020.
NOTIFICATION LIST
VACATION REQUEST 20-01
A copy of the Public Hearing Notice has been sent to owners of the following parcels:
36-116-22-31-0024
36-116-22-31-0025 36-116-22-31-0026 36-116-22-31-0043 36-116-22-31-0049
36-116-22-31-0048
36-116-22-32-0032 36-116-22-32-0033 36-116-22-32-0034
A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy CenturyLink Communications Comcast Cable
Xcel Energy
CITY COUNCIL AGENDA SECTION: Payment of Claims
DATE: March 17, 2020
DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance
ITEM DESCRIPTION: Payment of Claims
ITEM NO.: X.
Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis Checks 273313 - 273781
Wire Transfers 1024769 - 1024961 Wire Transfers 7512 - 7561
Purchasing Card 7535
City of Eden PrairieCouncil Check Summary
3/17/2020
Division Amount
000 General 782,201 601 Prairie Village Liquor 149,760
100 City Manager 157,543 602 Den Road Liquor 310,539
101 Legislative 37,634 603 Prairie View Liquor 205,004
102 Legal Counsel 45,363 605 Den Road Building 5,278
110 City Clerk 763 701 Water Enterprise Fund 329,333
111 Customer Service 8,899 702 Wastewater Enterprise Fund 388,737
112 Human Resources 2,275 703 Stormwater Enterprise Fund 16,001
113 Communications 1,191 Total Enterprise Fund 1,404,652
114 Benefits & Training 4,753
130 Assessing 8,724 316 WAFTA 925
131 Finance 1,722 802 494 Commuter Services 40,348
132 Housing and Community Services 1,830 806 SAC Agency Fund 290,745
133 Planning 1,870 807 Benefits Fund 1,349,353
136 Public Safety Communications 21,709 809 Investment Fund 3,593
137 Economic Development -22,134 810 Workers Comp Insurance 137,413
138 Community Development Admin.394 811 Property Insurance 130,306
151 Park Maintenance 23,376 812 Fleet Internal Service 218,198
153 Organized Athletics 592 813 IT Internal Service 115,954
154 Community Center 72,623 814 Facilities Capital ISF 33,763
156 Youth Programs 10,974 815 Facilites Operating ISF 50,135
157 Special Events 3,271 816 Facilites City Center ISF 105,476
158 Senior Center 2,563 817 Facilites Comm. Center ISF 161,025
159 Recreation Administration 255 Total Internal Svc/Agency Funds 2,637,233
160 Therapeutic Recreation 452
162 Arts 899 Report Total 6,054,533
163 Outdoor Center 971
168 Arts Center 2,866
180 Police Sworn 65,538
182 Police Civilian 10
184 Fire 43,304
186 Inspections 7,441
200 Engineering 12,152
201 Street Maintenance 55,143
202 Street Lighting 137,030
Total General Fund 1,494,199
301 CDBG 91,976
303 Cemetary Operation 1,818
Total Special Revenue Fund 93,794
308 E-911 444
309 DWI Forfeiture 19,013
315 Economic Development 51,325
445 Cable PEG 31,121
502 Park Development 29,166
509 CIP Fund -5,522
512 CIP Trails 246
513 CIP Pavement Management 3,358
522 Improvement Projects 2006 30,360
532 EP Road Connect Flying Cloud 2,138
536 General LRT 263,000
804 100 Year History 7
Total Capital Projects Fund 424,655
City of Eden PrairieCouncil Check Register by GL
3/17/2020
Check #Amount Supplier / Explanation Account Description Business Unit Comments
273664 491,187 TWIN CITIES & WESTERN RAILROAD COMPANY Improvement Contracts General Fixed Asset Account Gr RR Crossing Signal Agreement Billing
273505 350,217 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee March 2020
273487 300,508 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits March 2020 Premiums
273392 273,077 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund Jan 2020 SAC Charges
273677 263,000 LEISERV LLC Right of Way & Easement General Fixed Asset Account Gr Town Ctr Station Bowlero easement and Acquisition
7554 261,707 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR ending 02.28.20
7532 258,587 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR ending 02.14.20
7530 186,894 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 01.31.20
7552 186,098 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 02.14.20
273430 173,362 WATCHGUARD VIDEO Capital Under $25,000 Capital Maint. & Reinvestment Police cameras - squad car video systems
273611 137,413 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Workers Comp premiums
273377 125,000 KTJ 315, LLC Deposits Escrow Release escrow for Caliber Collission/ABRA AutoBody
273497 116,815 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property/casualty premiums
7522 105,005 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund Sales Tax Jan 2020
7535 96,839 USB-PURCHASING CARD Office Supplies Community Center Admin
1024853 92,999 XCEL ENERGY Electric Senior Center
273671 75,000 WEST HENNEPIN AFFORDABLE HOUSING LAND TR Other Contracted Services CDBG - Public Service
1024813 67,016 XCEL ENERGY Electric Water Storage
1024960 64,927 XCEL ENERGY Electric Street Lighting
273691 61,457 ABM EQUIPMENT AND SUPPLY COMPANY Autos Fleet - Public Works
273608 50,211 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
273743 48,731 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
1024888 46,605 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Council
1024893 46,330 LOGIS Network Support IT Operating
1024882 44,161 CENTERPOINT ENERGY Electric Maintenance Facility
273409 37,393 RANGER CHEVROLET BUICK GMC Autos Fleet - Fire
273639 37,320 RANGER CHEVROLET BUICK GMC Autos Fleet - Police
273337 37,253 CARGILL INC Salt Snow & Ice Control
273580 33,371 EDINA, CITY OF Video & Photo Supplies Cable PEG
273651 32,424 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
273734 32,402 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
273314 32,333 MN DNR ECOLOGICAL AND WATER RESOURCES Licenses, Taxes, Fees Utility Operations - General
273727 31,728 I-494 CORRIDOR COMMISSION TREASURER Dues & Subscriptions City Council
1024933 31,531 ADVANCED ENGINEERING & ENVIRONMENTAL SE Process Control Services Improvement Projects 2006
273669 28,350 WATCHGUARD VIDEO Hardware - R&M IT Capital
1024912 28,084 XCEL ENERGY Electric City Center - CAM
273375 27,964 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
7534 26,445 EMPOWER Deferred Compensation Health and Benefits
7556 26,026 EMPOWER Deferred Compensation Health and Benefits
1024836 25,153 DIVERSE BUILDING MAINTENANCE Advertising Housing and Human Svcs
1024883 24,941 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs
273692 24,193 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - Tenant Cost
1024905 23,951 SRF CONSULTING GROUP INC Design & Engineering EP Rd Connect to Flying Cloud
273360 23,322 GARDNER BUILDERS Other Contracted Services Facilities Capital
273393 22,000 MICHAEL BASICH INC Other Contracted Services General Fixed Asset Account Gr
273586 21,525 GLOBAL SPECIALTY CONTRACTORS, INC Improvement Contracts General Fixed Asset Account Gr
273641 20,963 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment
273486 20,948 GS SYSTEMS INC Software Wastewater Capital
273751 20,828 NEW LOOK CONTRACTING INC Improvements to Land Park Acquisition & Development
273452 20,643 AXON ENTERPRISE INC Capital Under $25,000 Police Sworn
7555 19,933 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
7533 19,597 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
273415 19,476 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
273673 19,471 XTREME INTEGRATION Other Contracted Services Fitness/Conference - Cmty Ctr
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1024779 19,172 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1
273388 18,992 MATTS AUTO SERVICE INC Other Contracted Services DWI Forfeiture
273492 16,863 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
273699 16,425 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
273480 16,383 EICKHOF COLUMBARIA INC Other Contracted Services General Fixed Asset Account Gr
273705 15,536 COLUMBINE TOWNHOMES TIF Payment TIF-Columbine Road Housing
273683 15,419 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
273326 15,350 ANOVA Capital Under $25,000 Community Center Admin
273606 14,962 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
273780 14,761 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
273682 14,676 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store
7515 14,646 WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store
273738 14,463 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
7559 14,342 CARD CONNECT Bank and Service Charges Community Center Admin
1024810 14,255 WALL TRENDS INC Contract Svcs - General Bldg Ice Arena Maintenance
273532 13,874 VIDEOTRONIX INC Building General Fixed Asset Account Gr
273501 13,739 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
273633 13,738 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1024942 13,736 GRANICUS INC Software Maintenance IT Operating
7560 13,642 WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store
273381 13,491 LEAGUE MN CITIES INS TRUST Legal Property Insurance
273766 13,418 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1024841 12,982 J&D WINDOW CLEANING Janitor Service - General Bldg General Community Center
273752 12,964 NOKOMIS SHOE SHOP Clothing & Uniforms Park Maintenance
273373 12,885 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
273357 12,800 FIRE SAFETY USA INC Other Rentals Fire
273429 12,787 VIDEOTRONIX INC Equipment Repair & Maint Public Safety Communications
273541 11,744 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1024819 11,503 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1
1024922 11,199 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1
273732 11,153 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
273445 10,748 A&B WELDING & CONSTRUCTION Repair & Maint. Supplies Water Treatment
7527 10,658 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission
7542 10,627 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission
273402 10,241 NAC Contract Svcs - HVAC General Community Center
7537 10,196 FURTHER - AKA SELECT HSA - Employer Health and Benefits
273491 10,040 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
273485 9,954 GRAYMONT Treatment Chemicals Water Treatment
273504 9,867 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
273741 9,839 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
273336 9,799 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
273589 9,776 GRAYMONT Treatment Chemicals Water Treatment
273686 9,325 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
7550 9,113 FURTHER - AKA SELECT HSA - Employee Health and Benefits
273428 9,070 VERIZON WIRELESS Telephone IT Operating
273533 8,997 WATCHGUARD VIDEO Hardware - R&M IT Capital
1024807 8,802 MINNESOTA ROADWAYS CO Other Contracted Services Capital Maint. & Reinvestment
7512 8,732 CARD CONNECT Bank and Service Charges Community Center Admin
273607 8,564 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair & Maint Water Treatment
273550 8,010 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
273543 7,812 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
273558 7,807 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
273542 7,801 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
273540 7,630 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
273399 7,533 MOTOROLA SOLUTIONS INC Other Assets Public Safety Communications
273644 7,351 RON'S CABINETS INC Other Contracted Services Facilities Capital
273660 7,200 TECH SALES CO Maintenance Contracts Water Treatment
273605 6,750 JIM WEBER GENERAL CONTRACTING INC Other Contracted Services Rehab
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1024951 6,726 METRO SALES INCORPORATED*Other Rentals IT Operating
273458 6,725 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
1024795 6,704 CENTERPOINT ENERGY Gas Senior Center
273365 6,646 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-Elevate Apts
273340 6,600 CENTER FOR ENERGY AND ENVIRONMENT Other Contracted Services Sustainable Eden Prairie
1024789 6,553 A-SCAPE INC Contract Svcs - Snow Removal Arts Center
273489 6,292 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
273389 6,250 MCCD Other Contracted Services Economic Development
273441 6,090 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
273759 5,997 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
273475 5,897 DERAU CONSTRUCTION LLC Improvement Contracts General Fixed Asset Account Gr
273528 5,820 TRACKER Software Maintenance IT Operating
273457 5,565 BOLTON & MENK INC Design & Engineering Improvement Projects 2006
1024906 5,454 STREICHERS Clothing & Uniforms Police Sworn
273405 5,383 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
273684 5,349 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
7543 5,341 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
273317 5,314 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
1024943 5,282 HANSEN THORP PELLINEN OLSON Design & Engineering CIP Pavement Management
273531 5,268 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution
273333 5,200 BOUND TREE MEDICAL LLC Training Supply-Operating Fire
7549 5,140 FURTHER - AKA SELECT HRA Health and Benefits
273553 4,977 BADGER STATE INSPECTION LLC Deposits Water Enterprise Fund
1024877 4,942 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
7519 4,937 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
273454 4,934 BAMFORD REED Other Contracted Services Rehab
273721 4,910 GRAYMONT Treatment Chemicals Water Treatment
1024923 4,841 INTEREUM INC Building Park Acquisition & Development
1024901 4,705 SENIOR COMMUNITY SERVICES Other Contracted Services CDBG - Public Service
273559 4,700 CASTRO CLEANING LLC Maintenance Contracts Utility Operations - General
1024863 4,694 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1
273539 4,689 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
273672 4,682 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
273761 4,670 PROP Deposits Den Road Liquor Store
273518 4,624 RILEY PURGATORY BLUFF CREEK WATERSHED DI OCS - Studies Stormwater Non-Capital
273398 4,598 MN DEPT OF TRANSPORTATION Equipment Repair & Maint Improvement Projects 2006
1024880 4,586 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
273488 4,534 HEALTHPARTNERS Payroll-Program Manager 494 Corridor Commission
273431 4,500 WATERSHED PARTNERS Other Contracted Services Stormwater Non-Capital
273773 4,481 TRANSPORT GRAPHICS Equipment Repair & Maint Fire
1024828 4,367 ANCHOR PAPER COMPANY Office Supplies Customer Service
273760 4,330 POSTMASTER Advertising Prairie View Liquor Store
1024826 4,197 VAN PAPER COMPANY Operating Supplies City Center - Tenant Cost
1024794 4,187 CDW GOVERNMENT INC.Computers IT Operating
273572 4,150 DELI DOUBLE Other Contracted Services Special Events & Trips
1024876 4,103 WENCK ASSOCIATES INC OCS - Monitoring Stormwater Non-Capital
273538 4,086 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
273324 4,024 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 2006
273603 4,000 IRON MALTESE ATHLETICS Training Fire
273328 3,972 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
7518 3,963 FURTHER - AKA SELECT HSA - Employee Health and Benefits
7536 3,963 FURTHER - AKA SELECT HSA - Employee Health and Benefits
7551 3,963 FURTHER - AKA SELECT HSA - Employee Health and Benefits
273319 3,943 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
273610 3,920 KRIS ENGINEERING INC Equipment Parts Fleet Operating
1024801 3,907 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
273688 3,890 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
273318 3,865 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
273750 3,802 NAC Equipment Repair & Maint Fitness/Conference - Cmty Ctr
7546 3,777 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
1024957 3,705 ST CROIX ENVIRONMENTAL INC Design & Engineering Water Supply (Wells)
273745 3,612 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake
7538 3,593 PFM ASSET MANAGEMENT LLC Interest Investment Fund
1024792 3,573 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
273443 3,527 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
273740 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
1024846 3,497 MITY-LITE INC Building Park Acquisition & Development
273597 3,454 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
7524 3,379 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
1024947 3,318 ITRON INC.Maintenance Contracts Water Metering
273397 3,267 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting
1024808 3,262 STREICHERS Clothing & Uniforms Police Sworn
273687 3,202 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
273693 3,191 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
273590 3,188 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions
273582 3,161 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Public Works
273349 3,114 DPC INDUSTRIES INC Treatment Chemicals Water Treatment
273592 3,000 H & L MESABI Equipment Parts Fleet Operating
273658 2,997 SUBURBAN RATE AUTHORITY Dues & Subscriptions City Council
273600 2,969 INDEPENDENT SCHOOL DISTRICT 272 CAM - School City Center - CAM
273777 2,955 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
273379 2,914 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
273700 2,859 CDW GOVERNMENT INC.Computers Wastewater Capital
1024944 2,844 HAWKINS INC Treatment Chemicals Water Treatment
1024790 2,833 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
273370 2,827 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
1024929 2,770 VAN PAPER COMPANY Cleaning Supplies Fire Station #1
1024875 2,769 VINOCOPIA Liquor Product Received Den Road Liquor Store
273520 2,765 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
273631 2,695 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
273331 2,676 BLACKSTONE CONTRACTORS LLC Improvement Contracts Stormwater Capital
273702 2,601 CENTURYLINK Telephone City Center - CAM
273767 2,579 SSI KEF SLB LLC Electric Maintenance Facility
273362 2,569 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions
7513 2,560 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
1024829 2,545 A-SCAPE INC Contract Svcs - Snow Removal Arts Center
273725 2,536 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
273613 2,426 LEGACY GYMNASTICS Instructor Service Lesson Skills Development
273507 2,422 MINTAHOE INC Other Contracted Services Wine Club/Events
273368 2,420 HP INC Computers - Monitors IT Operating
7544 2,389 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
1024892 2,379 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
7514 2,355 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration
7529 2,306 FURTHER - AKA SELECT Other Contracted Services Health and Benefits
1024954 2,293 POMP'S TIRE SERVICE INC Tires Fleet Operating
1024851 2,275 STREICHERS Clothing & Uniforms Police Sworn
273361 2,260 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
273482 2,203 ERGOMETRICS Employment Support Test Police Sworn
7561 2,202 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration
273698 2,140 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn
1024938 2,122 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM
273689 2,109 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
273513 2,019 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
1024927 2,010 ROTO-ROOTER Building Repair & Maint.Utility Operations - General
7528 1,999 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
273602 1,995 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1024835 1,981 CDW GOVERNMENT INC.Computers IT Operating
1024887 1,933 GRAYBAR Equipment Repair & Maint Street Lighting
273774 1,900 UNTIEDT'S VEGETABLE FARM INC Employee Award Organizational Services
273367 1,857 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1024930 1,816 VINOCOPIA Liquor Product Received Den Road Liquor Store
273453 1,800 BADGER STATE INSPECTION LLC Deposits Water Enterprise Fund
273490 1,793 IAFC Dues & Sub-Memberships Fire
1024805 1,782 METRO SALES INCORPORATED*Printing/Copying IT Operating
1024956 1,772 SPS COMPANIES Supplies - Plumbing General Community Center
273320 1,761 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
273529 1,735 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Traffic Signals
273354 1,710 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Public Works
273426 1,705 UNITED PROPERTIES DEVELOPMENT LLC Deposits City Clerk
1024911 1,675 WM MUELLER AND SONS INC Gravel Water Distribution
273722 1,670 GYM WORKS Equipment Repair & Maint Fitness Center
1024806 1,655 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
273588 1,655 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store
273757 1,636 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
273659 1,608 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
273716 1,572 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Public Works
1024934 1,562 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
1024874 1,554 VAN PAPER COMPANY Cleaning Supplies General Community Center
273718 1,554 FLEET MAINTENANCE INC Equipment Repair & Maint Fleet Operating
7523 1,534 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
1024931 1,532 WAYTEK INC Equipment Parts Fleet Operating
273512 1,514 PERA Payroll-Program Manager 494 Corridor Commission
273758 1,514 PERA Payroll-Program Manager 494 Corridor Commission
273329 1,500 BADGER STATE INSPECTION LLC Deposits Water Enterprise Fund
273372 1,500 IRON MALTESE ATHLETICS Training Fire
273742 1,500 MEYER NJUS TANICK PA Legal Legal Council
273573 1,487 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
273685 1,484 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
273315 1,475 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1024891 1,461 JEFFERSON FIRE & SAFETY INC Protective Clothing Fire
273564 1,453 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
273404 1,445 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
273618 1,428 MEGA BEER Liquor Product Received Den Road Liquor Store
1024897 1,410 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
273616 1,400 MARTIN-MCALLISTER Other Contracted Services Police Sworn
1024910 1,398 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
273325 1,382 AMERICAN RED CROSS Conference/Training Pool Lessons
273675 1,364 YORKTOWN OFFICES Rent 494 Corridor Commission
7540 1,357 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
1024881 1,354 CDW GOVERNMENT INC.Computers IT Operating
273476 1,350 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery
1024785 1,347 VAN PAPER COMPANY Cleaning Supplies General Community Center
273385 1,334 LHB INC Other Contracted Services Sustainable Eden Prairie
1024865 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost)
273363 1,332 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store
273717 1,304 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering
273636 1,279 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
273523 1,261 STAPLES ADVANTAGE Office Supplies Customer Service
273739 1,253 MARCO INC Operating Supplies IT Operating
273632 1,240 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
273515 1,236 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1024909 1,214 WATSON CO INC, THE Merchandise for Resale Concessions
1024831 1,195 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
1024952 1,181 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
273447 1,174 ACTION FLEET INC Autos Fleet - Fire
273316 1,167 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
7539 1,166 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission
273387 1,083 MARCO INC Hardware - R&M IT Operating
1024856 1,075 AMERIPRIDE LINEN & APPAREL SERVICES Operating Supplies-Linens Prairie Village Liquor Store
1024862 1,062 FASTENAL COMPANY Equipment Parts Fleet Operating
1024842 1,046 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
273526 1,039 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
273694 1,036 ASPEN MILLS Clothing & Uniforms Police Sworn
273442 1,029 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
273374 1,025 JOHN J MORGAN COMPANY Supplies - HVAC Ice Arena Maintenance
1024941 1,002 GRAINGER Repair & Maint. Supplies General Community Center
273638 994 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
1024776 993 CONCRETE CUTTING AND CORING Small Tools Park Maintenance
273425 975 TYLER TECHNOLOGIES INC Tuition Reimbursement/School Police Sworn
273444 967 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
273623 954 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
273412 950 SEBCO INC Contract Svcs - General Bldg Fire Station #1
273556 950 BROCK WHITE COMPANY LLC Repair & Maint. Supplies Wasterwater Collection
273574 939 DOMACE VINO Liquor Product Received Den Road Liquor Store
273502 938 MASTER CRAFT LABELS INC Operating Supplies Prairie View Liquor Store
273594 933 HEALTHPARTNERS OCCUPATIONAL MEDICINE Safety Supplies Organizational Services
273380 925 LEAGUE MN CITIES INS TRUST Insurance WAFTA
273733 920 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
273391 918 MEGA BEER Liquor Product Received Prairie Village Liquor Store
273772 918 T-MOBILE USA Other Contracted Services Police Sworn
1024832 913 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1024932 911 YOUNGSTEDTS COLLISION CENTER Autos Fleet - Police
273332 910 BOLTON & MENK INC Deposits General Fund
1024812 907 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
273424 903 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
273500 888 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
273479 885 EDWARD FARR ARCHITECTS, INC.Deposits Escrow
273629 861 ORGANIX SOLUTIONS Waste Disposal City Hall (City Cost)
273771 850 THE ADVENT GROUP Temp 494 Corridor Commission
273551 835 ASPEN MILLS Postage Fire
1024904 827 SPS COMPANIES Supplies - HVAC City Center - CAM
273724 805 HENNEPIN COUNTY CHIEF OF POLICE ASSOC Dues & Subscriptions Police Sworn
273747 782 MN DEPT OF TRANSPORTATION Testing Improvement Projects 2006
273756 780 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store
1024898 770 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store
273595 766 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications
1024786 766 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
273770 765 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
273390 760 MEDICINE LAKE TOURS Special Event Fees Trips
273703 759 CENTURYLINK Telephone Water Distribution
273670 749 WATER CONSERVATION SERVICES INC OCS - Leak Detection Water Distribution
1024950 747 MENARDS Operating Supplies City Center - CAM
273726 709 HOME DEPOT CREDIT SERVICES Supplies - General Bldg General Community Center
273421 707 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1024821 705 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
273665 702 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
1024802 702 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn
1024800 692 HANSEN THORP PELLINEN OLSON Other Contracted Services Stormwater Capital
273617 690 MEDICINE LAKE TOURS Special Event Fees Trips
1024809 690 VISTAR CORPORATION Merchandise for Resale Concessions
273508 687 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
273534 685 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
273676 665 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance
273321 664 LINDEMAN BRETT Clothing & Uniforms Police Sworn
273548 664 AIRGAS USA LLC Supplies - Pool Pool Maintenance
1024833 661 BIFFS INC Waste Disposal Park Maintenance
1024914 660 ALBERS, JASON Video & Photo Supplies Fire
273729 653 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
273449 649 AIRGAS USA LLC Supplies - Pool Pool Maintenance
1024894 647 MENARDS Repair & Maint. Supplies Utility Operations - General
7553 647 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
273653 644 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn
273478 643 EDEN PRAIRIE CHAMBER OF COMMERCE Dues & Subscriptions Prairie View Liquor Store
273386 641 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
273536 639 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits
273562 638 CHUCK & DON'S PET FOOD & SUPPLIES Rent - Chuck & Don's Den Bldg. - CAM
273535 629 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
273364 626 GYM WORKS Equipment Repair & Maint Fire
273661 623 THE ADVENT GROUP Temp 494 Corridor Commission
273510 613 PARAGON DEVELOPMENT SYSTEMS Other Contracted Services IT Operating
273628 611 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store
273527 610 THE ADVENT GROUP Temp 494 Corridor Commission
7531 602 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
1024935 602 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
273344 600 CONQUER EDEN PRAIRIE Instructor Service Lesson Skills Development
273493 600 JOHNSON CONTROLS Contract Svcs - HVAC Pool Maintenance
273552 600 AT & T Other Contracted Services Police Sworn
273627 600 NORTHERN GLASS & GLAZING Contract Svcs - General Bldg Pool Maintenance
273762 600 REACH Licenses, Taxes, Fees Ice Operations
273395 597 MINNESOTA AIR INC Equipment Repair & Maint City Center - CAM
273583 595 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
1024844 593 MENARDS Operating Supplies Maintenance Facility
273625 589 NGUYEN FAMILY INC / DBA LOTUS NAILS SPA Rent - Lotus Den Bldg. - CAM
273630 586 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
273593 585 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
273753 576 NORTH AMERICAN SAFETY INC Repair & Maint. Supplies Water Distribution
1024837 574 FILTRATION SYSTEMS Supplies - HVAC General Community Center
273422 570 TARPS INC Building Repair & Maint.Round Lake
273341 569 CENTURYLINK Telephone Wastewater Lift Station
273650 568 SMALL LOT MN Liquor Product Received Den Road Liquor Store
1024770 561 ALBERS, JASON Operating Supplies Fire
273471 555 DALCO Equipment Parts General Community Center
273371 539 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
7558 537 PFM ASSET MANAGEMENT LLC Bank and Service Charges Wastewater Accounting
1024872 534 THE OASIS GROUP Employee Assistance Organizational Services
273330 532 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
1024811 529 WATSON CO INC, THE Merchandise for Resale Concessions
273555 527 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
7516 527 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
273524 526 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
1024955 522 PRAIRIE ELECTRIC COMPANY Contract Svcs - General Bldg Maintenance Facility
273554 519 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
1024815 514 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1024937 513 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating
1024940 510 GRAFIX SHOPPE Autos Fleet - Police
273746 502 MIRACLE RECREATION EQUIPMENT CO Equipment Repair & Maint Park Maintenance
1024889 501 H M CRAGG CO Contract Svcs - Fire/Life/Safe Fire Station #4
273355 500 EPHS Other Contracted Services Ice Operations
273715 500 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Elevate Apts
1024796 498 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1024921 484 GREATAMERICA FINANCIAL SVCS Postage Customer Service
273420 478 SUMMIT COMPANIES Repair & Maint. Supplies Fire
273714 475 EDEN PRAIRIE HOCKEY ASSOCIATION Other Contracted Services Ice Operations
273439 474 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1024900 474 REINDERS INC Operating Supplies Park Maintenance
1024890 474 INDUSTRIAL FLOOR MAINTENANCE INC.Equipment Parts Fleet Operating
1024772 472 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store
1024852 467 WATSON CO INC, THE Merchandise for Resale Concessions
273423 460 THE ADVENT GROUP Temp 494 Corridor Commission
273494 456 JOHNSON CONTROLS Contract Svcs - HVAC Ice Arena Maintenance
1024925 451 PROSOURCE SUPPLY Cleaning Supplies General Community Center
273709 450 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery
1024920 449 FASTENAL COMPANY Operating Supplies Fleet Operating
1024850 443 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance
1024859 425 CHEMSEARCH Contract Svcs - Ice Rink Ice Arena Maintenance
273765 425 SOUNDS GREAT & SPECIAL SOUNDS INC Other Contracted Services Special Events & Trips
273711 423 DORAN CONSTRUCTION INC Deposits Water Enterprise Fund
273710 422 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1024783 413 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center - CAM
1024886 404 GRAINGER Repair & Maint. Supplies General Community Center
1024781 404 LOWERY, THOMAS Tuition Reimbursement/School Police Sworn
1024830 403 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
273356 400 FINNLY TECHNOLOGY LLC Other Contracted Services Ice Operations
273561 400 CHASKA POLICE DEPARTMENT Tuition Reimbursement/School Police Sworn
273657 398 STORM TRAINING GROUP Tuition Reimbursement/School Police Sworn
273708 395 CRAWFORD DOOR SALE CO OF THE TWIN CITIES Equipment Repair & Maint Concessions
273474 393 DELTA DENTAL Payroll-Program Manager 494 Corridor Commission
273450 392 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
273323 391 ABLE HOSE & RUBBER INC Repair & Maint. Supplies Water Treatment
273681 389 CAPREF EDEN PRAIRIE LLC Building Rental CDBG - Public Service
273411 388 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance
273646 388 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance
273560 388 CENTURYLINK Telephone E-911 Program
273440 387 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
273499 385 LIU, WEI AR Utility Water Enterprise Fund
1024959 382 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
273570 380 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
1024848 380 REINDERS INC Chemicals Park Maintenance
273481 376 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Park & Rec
273604 371 J H LARSON COMPANY Supplies - Electrical General Community Center
273696 370 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
273345 363 CORE & MAIN Repair & Maint. Supplies Water Distribution
273448 362 AIM ELECTRONICS Operating Supplies Ice Operations
273654 356 STAPLES ADVANTAGE Office Supplies Customer Service
7547 355 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
1024777 354 CUSTOM HOSE TECH Equipment Parts Fleet Operating
273557 350 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe General Community Center
273769 350 STAPLES ADVANTAGE Office Supplies Customer Service
273339 346 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits
273460 345 CEMSTONE PRODUCTS COMPANY Supplies - General Bldg Maintenance Facility
1024961 345 ZIEGLER INC Equipment Parts Fleet Operating
273414 343 SNAP-ON TOOLS Small Tools Fleet Operating
1024926 337 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1024845 332 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Prairie View Liquor Store
273351 331 EARL F ANDERSEN INC Signs Snow & Ice Control
273614 330 LENNOX INDUSTRIES INC.Supplies - HVAC Senior Center
273656 330 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
273546 310 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
Check #Amount Supplier / Explanation Account Description Business Unit Comments
273569 306 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
273563 305 CINTAS CORPORATION Safety Supplies Community Center Admin
1024788 304 WILSON, JOHN D.Clothing & Uniforms Police Sworn
273690 304 56 BREWING LLC Liquor Product Received Den Road Liquor Store
1024884 302 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
1024817 300 FASTENAL COMPANY Equipment Parts Fleet Operating
273619 300 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Senior Center
273640 300 REACH Licenses, Taxes, Fees Ice Operations
273652 300 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk
273461 297 CENTURYLINK Telephone IT Operating
273509 297 PAPCO INC Janitor Service General Community Center
273667 296 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball
1024780 295 KALLIGHER, ANDREA Mileage & Parking Community Center Admin
273521 292 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn
273748 288 MRA-THE MANAGEMENT ASSOCIATION Other Contracted Services Organizational Services
273417 283 STAPLES ADVANTAGE Office Supplies Customer Service
273350 280 E A SWEEN COMPANY Merchandise for Resale Concessions
273575 279 E A SWEEN COMPANY Merchandise for Resale Concessions
273438 276 BTR OF MINNESOTA Equipment Parts Fleet Operating
273384 275 LEIFELD FRAMING Operating Supplies Volunteers
273342 272 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
273728 272 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
273549 270 ANGSTROM ANALYTICAL INC Other Contracted Services City Center - CAM
1024878 268 ZEP SALES AND SERVICE Cleaning Supplies Utility Operations - General
273695 267 BATTERIES PLUS Repair & Maint. Supplies Park Shelters
1024913 266 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Utility Operations - General
273406 265 PRAIRIE RESTORATIONS INC Other Contracted Services Park Maintenance
1024840 265 INDUSTRIAL FLOOR MAINTENANCE INC.Equipment Parts Fleet Operating
7525 264 US BANK - PAYMODE Bank and Service Charges Finance
273432 258 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
273609 258 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
273668 257 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
273587 255 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
7521 253 VANCO SERVICES Bank and Service Charges Wastewater Accounting
273407 251 PRINCIPAL FINANCIAL GROUP Payroll-ExecutiveDirector 494 Corridor Commission
273680 251 PRINCIPAL FINANCIAL GROUP Payroll-ExecutiveDirector 494 Corridor Commission
273400 250 MSSA Dues & Subscriptions Street Maintenance
1024775 246 BRAUN INTERTEC CORPORATION Other Contracted Services CIP Trails
1024782 246 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
273353 245 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous Housing and Community Service
7557 244 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits
273511 243 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1024823 241 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1024869 240 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
273347 239 DIRECTV Cable TV Community Center Admin
273463 238 CINTAS Operating Supplies Park Maintenance
273764 233 SNAP-ON TOOLS Small Tools Fleet Operating
273359 231 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
273503 230 MASTER TECHNOLOGY GROUP INC Development Fire Permits General Fund
1024799 227 GRAINGER Safety Supplies Utility Operations - General
273663 226 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
273547 225 ABRA AUTO BODY & GLASS Equipment Repair & Maint Fleet Operating
273749 225 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
273544 222 56 BREWING LLC Liquor Product Received Den Road Liquor Store
1024843 221 LOCATORS & SUPPLIES INC Equipment Parts Snow & Ice Control
1024820 220 GUNNAR ELECTRIC CO INC Other Contracted Services Street Lighting
1024857 218 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1024915 218 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
273496 213 JUNKYARD BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1024918 213 CONCRETE CUTTING AND CORING Landscape Materials/Supp Street Maintenance
273413 205 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating
273599 203 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1024838 202 GRAINGER Repair & Maint. Supplies Water Distribution
1024814 202 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store
273313 200 MCLEOD COUNTY SHERIFFS DEPT.Deposits General Fund
273719 200 GAS TANK RENU OF MINNESOTA Equipment Repair & Maint Fleet Operating
273712 200 E A SWEEN COMPANY Merchandise for Resale Concessions
1024928 199 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating
273637 196 PROP - PR Charitable Contributions Health and Benefits
273352 195 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development
273704 186 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
273565 186 COMCAST Cable TV Fire
1024804 182 MENARDS Supplies - Electrical Water Treatment
273615 180 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
1024827 178 WILSON, JOHN D.Clothing & Uniforms Police Sworn
273545 174 A TO Z RENTAL CENTER Landscape Materials/Supp Street Maintenance
273327 170 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
273517 170 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
1024895 164 METRO ELEVATOR INC Contract Svcs - Elevator Fire Station #1
273516 161 READER DOUGLAS AR Utility Water Enterprise Fund
273401 160 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
1024858 160 CARLSTON, BRANDON Canine Supplies Police Sworn
1024919 158 CUSTOM HOSE TECH Equipment Parts Fleet Operating
1024945 158 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
1024867 157 MORIEARTY, LOREN Clothing & Uniforms Police Sworn
273322 155 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs
273763 154 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
1024917 152 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Homeward Hills Park
273451 151 ASPEN MILLS Clothing & Uniforms Fire
1024861 151 CONCRETE CUTTING AND CORING Landscape Materials/Supp Street Maintenance
273483 150 FIRE SAFETY USA INC Small Tools Fire
273713 150 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Economic Development
1024908 150 USA SECURITY Maintenance Contracts Water Treatment
273519 148 SCHERER BROTHERS LUMBER CO Building Materials Park Maintenance
273754 147 NOURAEE, CYRUS Mileage & Parking Recreation Admin
1024953 146 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment
273635 144 PK BLOODY MARY CORP Liquor Product Received Prairie Village Liquor Store
273376 140 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Community Center Admin
273737 140 MACQUEEN EQUIPMENT INC Repair & Maint. Supplies Wasterwater Collection
273419 140 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
273427 138 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
273775 138 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
273723 138 HAGERT CASEY Mileage & Parking Youth Programs Admin
1024847 135 PRAIRIE ELECTRIC COMPANY Repair & Maint. Supplies Water Treatment
1024769 131 ADAMS PEST CONTROL INC Contract Svcs - Pest Control General Community Center
1024784 131 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
273525 130 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating
1024778 129 FASTENAL COMPANY Equipment Parts Fleet Operating
1024896 126 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
273779 126 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
273730 125 INNOVATIVE GRAPHICS Clothing & Uniforms Police Sworn
273720 122 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store
273598 121 HP INC Computers Utility Operations - General
273776 121 VERIZON WIRELESS Telephone IT Operating
273473 120 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating
273498 120 LENNOX INDUSTRIES INC.Supplies - HVAC Senior Center
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1024787 117 WERNER ELECTRIC SUPPLY CO.Supplies - Electrical Fitness/Conference - Cmty Ctr
273674 115 YANG JASON Reimbursement Traffic Signs
273495 115 JOHNSON DENNIS AR Utility Water Enterprise Fund
273581 114 ELECTION SYSTEMS & SOFTWARE INC Operating Supplies City Clerk
273456 112 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
1024822 110 PROSOURCE SUPPLY Supplies - General Bldg General Community Center
1024824 110 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
273464 109 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn
1024899 108 PREMIUM WATERS INC Operating Supplies - Water Fire
273477 106 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
273408 105 RACOM CORPORATION Equipment Repair & Maint Public Safety Communications
273468 103 COMCAST Cable TV Fire
1024916 102 BERRY COFFEE COMPANY Merchandise for Resale Concessions
273649 102 SIWEK LUMBER & MILLWORK INC Equipment Parts Snow & Ice Control
273382 100 LEAGUE OF HUMAN RIGHTS COMMISSION Dues & Subscriptions City Council
273601 100 INTERNATIONAL ASSOCIATION OF ARSON INVES Training Fire
273678 100 RIVER CITY JAZZ ORCHESTRA Other Contracted Services Special Initiatives
273416 100 SPEEDPRO IMAGING INC Operating Supplies Ice Operations
273778 99 WINSUPPLY EDEN PRAIRIE MN CO Operating Supplies Traffic Signals
273645 99 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store
273522 99 STANLEY JONATHAN Conference/Training Housing and Community Service
273584 99 FIRST MINNETONKA CITY BANK Conference/Prof. Dev.494 Corridor Commission
273781 96 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations - General
273662 95 TOLBERT ALLISON Tuition Reimbursement/School Fitness Classes
1024834 92 BOYER TRUCKS Equipment Parts Fleet Operating
1024849 90 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC City Center - CAM
273706 90 COMCAST Internet IT Operating
7520 86 MONEY MOVERS INC Other Contracted Services Community Center Admin
1024791 82 ASPEN WASTE SYSTEMS INC.Waste Disposal Maintenance Facility
273467 81 COMCAST Equipment Repair & Maint E-911 Program
273358 78 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating
1024885 78 GRAFIX SHOPPE Equipment Parts Fleet Operating
273648 78 SHRED RIGHT Waste Disposal City Hall (City Cost)
1024793 75 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
1024816 75 DAILEY DATA & ASSOCIATES Equipment Repair & Maint Prairie View Liquor Store
1024902 75 SHERWIN WILLIAMS CO Supplies - General Bldg City Hall (City Cost)
1024924 74 LINDAHL, DAVID Mileage & Parking Economic Development
273596 74 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating
273410 72 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
273666 72 UNITED WAY Charitable Contributions Health and Benefits
273620 70 MINNESOTA GFOA Dues & Subscriptions Finance
273396 69 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
273506 69 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Den Road Liquor Store
273566 67 COMCAST Cable TV Fire
273334 66 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
1024860 66 CLAREY'S SAFETY EQUIPMENT Safety Supplies Arts Center
273731 65 JERRY'S ENTERPRISES INC Operating Supplies Utility Operations - General
273647 65 SCHULTE STEVEN Tuition Reimbursement/School Fitness Classes
273348 64 DOHERTY, SANDRA L Operating Supplies Volleyball
273624 64 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
1024855 63 ADAMS PEST CONTROL INC Contract Svcs - Pest Control Fire Station #3
1024949 60 LOCATORS & SUPPLIES INC Equipment Parts Snow & Ice Control
273591 60 GROTH MUSIC Operating Supplies Community Band
1024948 59 JEFFERSON FIRE & SAFETY INC Equipment Repair & Maint Fire
7526 59 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
7541 59 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
1024868 59 PROSOURCE SUPPLY Supplies - General Bldg Fitness/Conference - Cmty Ctr
273577 58 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1024946 58 IDENTISYS Printers -Accessories IT Operating
1024939 58 GINA MARIAS INC Clothing & Uniforms Volunteers
1024798 56 GRAFIX SHOPPE Equipment Parts Fleet Operating
1024797 56 GINA MARIAS INC Operating Supplies Volunteers
273466 53 COMCAST Cable TV Fire
273567 53 COMCAST Internet IT Operating
1024803 51 LYNN PEAVEY COMPANY Office Supplies Police Sworn
273484 50 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
273755 50 OLSEN CHAIN & CABLE Operating Supplies Park Maintenance
273697 48 BLOMGREN, CYNTHIA Mileage & Parking Youth Programs Admin
273707 45 COMCAST Cable TV Fire
273343 45 COMCAST Cable TV Fire
1024870 45 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance
273469 44 CORE & MAIN Capital Under $25,000 Water Metering
273366 42 HENNEPIN COUNTY TREASURER PUBLIC WORKS Waste Disposal Park Maintenance
1024871 42 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1024774 41 BERRY COFFEE COMPANY Merchandise for Resale Concessions
273446 40 ABLE DELUXE TECHNOLOGIES Dues & Subscriptions Senior Center Admin
273530 39 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating
273643 37 ROCKEY, JOSH Mileage & Parking Senior Center Admin
273369 35 IEDITWEB INC Contract Svcs - Garden Rm/Caf.Garden Room Repairs
273514 35 PLEAA Dues & Subscriptions Police Sworn
273701 35 CENTURY COLLEGE Tuition Reimbursement/School Police Sworn
1024771 35 AMERICAN SOLUTIONS FOR BUSINESS Clothing & Uniforms Senior Center Admin
273378 35 LAKEVIEW LOAN SERVICING LLC AR Utility Water Enterprise Fund
273626 35 NIENABER JENNIFER Tuition Reimbursement/School Fitness Classes
273571 34 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating
273578 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
273579 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
273621 29 MINNESOTA TROPHIES & GIFTS Clothing & Uniforms Police Sworn
1024936 29 BOYER TRUCKS Equipment Parts Fleet Operating
1024903 28 SPRINT Cell/Pager Plans IT Operating
273346 26 CROWN MARKING INC Office Supplies Police Sworn
273744 26 MINNESOTA TROPHIES & GIFTS Contributions Park Maintenance
273634 26 PIETROWSKI LORI P&R Refunds Community Center Admin
273338 25 CARVER COUNTY LICENSE CENTER Autos Fleet - Police
7548 23 SQUARE Bank and Service Charges Community Center Admin
273568 23 COMCAST Other Contracted Services Police Sworn
273455 23 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
273470 23 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers
1024873 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Water Distribution
1024958 22 UPS Postage Fitness Classes
1024818 22 FREIBERG MARK Travel Expense City Council
273768 22 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn
273418 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture
273383 20 LEAGUE OF MINNESOTA CITIES Conference/Training Human Resources
273462 20 CHRIS CASTLE INC Website Development 494 Corridor Commission
273612 20 LEAGUE OF MINNESOTA CITIES Dues & Subscriptions Human Resources
273735 20 LEAGUE OF MINNESOTA CITIES Conference/Training Human Resources
273736 20 LEAGUE OF MINNESOTA CITIES Conference/Training Human Resources
273585 20 FRISCHKORN, MONICA Deposits General Fund
1024825 19 SPOK, INC.Cell/Pager Plans IT Operating
273679 17 JOHNSON IMANI Deposits General Fund
1024866 16 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission
1024839 16 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
273642 15 RIZZO CHLOE Operating Supplies Arts Center
273576 15 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council
273655 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
273394 14 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating
1024864 13 JOHNSTONE SUPPLY Supplies - Plumbing City Center - CAM
273537 12 RAY ALLEN MANUFACTURING CO INC Canine Supplies Police Sworn
273403 10 PARADIS, TIMOTHY Misc Permits/Fees Police Civilian
273472 10 DAUGHERTY, CAROLYN P&R Refunds Community Center Admin
273622 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
1024879 8 AMERITRAK Other Contracted Services Snow & Ice Control
7545 7 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture
1024907 4 UPS Postage Facilities Operating ISF
273465 2 COMCAST Other Contracted Services Police Sworn
273459 1 CEF EP COMMUNITY SOLAR LLC Electric General Community Center
6,054,533 Grand Total
City of Eden PrairiePurchasing Card Payment Report
3/17/2020
Amount Account Description Business Unit
6,878 Other Revenue General Fund
4,100 Tuition Reimbursement/School Police Sworn
3,260 Training Supplies Police Sworn
2,990 Licenses, Taxes, Fees Pool Operations
2,250 Tuition Reimbursement/School Police Sworn
2,188 Dues & Subscriptions Fleet Operating
2,060 Repair & Maint. Supplies Utility Operations - General
2,026 Equipment Parts Fleet Operating
2,000 Training Supplies Police Sworn
1,907 Operating Supplies Gymnasium (CC)
1,822 Other Contracted Services Heritage Preservation
1,750 Capital Under $25,000 Police Sworn
1,715 Other Rentals July 4th Celebration
1,550 Conference/Training Human Resources
1,467 Travel Expense City Council
1,440 Conference/Training Utility Operations - General
1,440 Conference/Training Utility Operations - General
1,374 Equipment Parts Fleet Operating
1,279 Repair & Maint. Supplies Facilities Capital
1,275 Tuition Reimbursement/School Police Sworn
1,241 Repair & Maint. Supplies Wasterwater Collection
1,188 Dues & Subscriptions Fire
987 Capital Under $25,000 Ice Operations
900 Conference/Training Street Maintenance
887 Bank and Service Charges Prairie View Liquor Store
850 Software/Hardware Maint.IT Operating
835 Operating Supplies Special Events Admin
798 Operating Supplies Water Conservation
796 Office Supplies Police Sworn
750 Conference/Training Utility Operations - General
745 Miscellaneous Communications
710 Repair & Maint. Supplies City Hall (City Cost)
680 Training Supplies Police Sworn
675 Conference/Training Park Maintenance
Amount Account Description Business Unit675Conference/Training Housing and Community Service
650 Advertising Community Center Admin
610 Conference/Training Park Maintenance
580 Small Tools Facilities Staff
570 Operating Supplies Pickleball (CC)
549 Licenses, Taxes, Fees Fitness Classes
549 Licenses, Taxes, Fees Fitness Classes
535 Small Tools Traffic Signals
520 Conference/Training Utility Operations - General
510 Conference/Training Inspections-Administration
510 Conference/Training Inspections-Administration
500 Repair & Maint. Supplies Facilities Capital
500 Operating Supplies Police Sworn
493 Operating Supplies Arts Center
485 Conference/Training Police Sworn
483 Operating Supplies Park Maintenance
477 Operating Supplies Tree Disease
470 Equipment Parts Snow & Ice Control
450 Dues & Subscriptions Police Sworn
445 Miscellaneous City Council
438 Process Control Equipment IT Operating
435 Conference/Training Inspections-Administration
420 Conference/Training Finance
415 Protective Clothing Fire
411 Operating Supplies Concessions
410 Conference/Training Engineering
400 Dues & Subscriptions Engineering
387 Conference/Training Housing and Community Service
375 Dues & Subscriptions Engineering
375 Dues & Subscriptions Engineering
370 Dues & Subscriptions Human Resources
368 Tuition Reimbursement/School Police Sworn
363 Operating Supplies Gymnasium (CC)
362 Operating Supplies Tree Disease
350 Office Supplies Police Sworn
350 Repair & Maint. Supplies Water Treatment
341 Tuition Reimbursement/School Police Sworn
341 Tuition Reimbursement/School Police Sworn
340 Conference/Training Inspections-Administration
Amount Account Description Business Unit340Conference/Training Inspections-Administration
340 Conference/Training Inspections-Administration
340 Conference/Training Inspections-Administration
340 Special Event Fees New Adaptive
330 Conference/Training Police Sworn
323 Office Supplies Police Sworn
315 Tuition Reimbursement/School Police Sworn
314 Safety Supplies Park Maintenance
310 Dues & Subscriptions Communications
310 Miscellaneous Community Development Admin.
305 Tuition Reimbursement/School Police Sworn
305 Tuition Reimbursement/School Police Sworn
300 Investigation Travel Fire
300 Conference/Training Fitness Admin.
295 Conference/Training Housing and Community Service
290 Conference/Training Utility Operations - General
290 Safety Supplies Park Maintenance
288 Miscellaneous City Council
286 Miscellaneous City Council
286 Equipment Repair & Maint Street Maintenance
286 Equipment Repair & Maint Park Maintenance
285 Dues & Subscriptions Fire
283 Operating Supplies Street Maintenance
275 Conference/Training Human Resources
275 Operating Supplies City Clerk
270 Capital Under $25,000 Fitness Classes
270 Repair & Maint. Supplies Facilities Capital
268 Investigation Travel Fire
268 Investigation Travel Fire
266 Office Supplies Utility Operations - General
263 Building Repair & Maint.Water Supply (Wells)
257 Travel Expense Utility Operations - General
253 Operating Supplies Arts Center
250 Licenses, Taxes, Fees Utility Operations - General
250 Conference/Training Utility Operations - General
247 Conference/Training Engineering
246 Operating Supplies Police Sworn
241 Repair & Maint. Supplies Police (City Cost)
237 Operating Supplies IT Operating
Amount Account Description Business Unit235Conference/Training Utility Operations - General
234 Tuition Reimbursement/School Police Sworn
230 Conference/Training Utility Operations - General
222 Operating Supplies Fitness Classes
210 Conference/Training Senior Center Admin
210 Conference/Training Community Center Admin
210 Repair & Maint. Supplies Facilities Capital
200 Conference/Training Park Maintenance
200 Conference/Training Street Maintenance
200 Conference/Training Street Maintenance
200 Conference/Training Street Maintenance
200 Conference/Training Street Maintenance
200 Training Supplies Utility Operations - General
200 Dues & Subscriptions Youth Programs Admin
199 Small Tools Facilities Staff
197 Cleaning Supplies City Center - Tenant Cost
196 Operating Supplies Arts Center
195 Conference/Training Park Maintenance
190 Repair & Maint. Supplies Park Maintenance
188 Repair & Maint. Supplies Water Treatment
187 Dues & Subscriptions Assessing
181 Special Event Fees Trips
180 Operating Supplies Fire
176 Operating Supplies Fire
174 Miscellaneous Internal Events
170 Conference/Training Inspections-Administration
170 Investigation Travel Fire
170 Investigation Travel Fire
166 Operating Supplies Special Events & Trips
164 Office Supplies Police Sworn
161 Office Supplies Utility Operations - General
159 Merchandise for Resale Concessions
154 Small Tools Street Maintenance
151 Repair & Maint. Supplies General Community Center
150 Licenses, Taxes, Fees Park Maintenance
148 Operating Supplies Arts Center
144 Operating Supplies Outdoor Center
140 Operating Supplies Community Center Admin
140 Operating Supplies Special Events Admin
Amount Account Description Business Unit139Small Tools Facilities Staff
137 Repair & Maint. Supplies Ice Arena Maintenance
135 Operating Supplies Arts Center
133 Repair & Maint. Supplies Wasterwater Collection
130 Operating Supplies Community Center Admin
125 Conference/Training IT Operating
125 Miscellaneous Athletic Programs Admin
125 Conference/Training Street Maintenance
125 Advertising Special Events Admin
120 Operating Supplies Park Maintenance
120 Repair & Maint. Supplies Maintenance Facility
119 Travel Expense Fire
116 Dues & Subscriptions Assessing
110 Conference/Training Park Maintenance
109 Conference/Training Park Maintenance
109 Operating Supplies Fire
108 Advertising Recreation Admin
107 Office Supplies Arts Center
106 Operating Supplies Fitness Classes
105 Office Supplies Police Sworn
104 Operating Supplies Special Events Admin
103 Operating Supplies Skating Rinks/Warming Houses
103 Operating Supplies Volunteers
102 Training Supplies Police Sworn
100 Operating Supplies City Clerk
100 Licenses, Taxes, Fees Fitness Classes
100 Licenses, Taxes, Fees Utility Operations - General
100 Licenses, Taxes, Fees Utility Operations - General
100 Dues & Subscriptions Fire
100 Licenses, Taxes, Fees Utility Operations - General
100 Capital Under $25,000 Police Sworn
100 Operating Supplies Fire
97 Repair & Maint. Supplies Facilities Staff
95 Operating Supplies Police Sworn
92 Training Supplies Police Sworn
89 Other Contracted Services Fire
89 Operating Supplies Day Care
89 Travel Expense Fire
87 Repair & Maint. Supplies General Community Center
Amount Account Description Business Unit87ComputersIT Operating
85 Operating Supplies Skating Rinks/Warming Houses
81 Operating Supplies Police Sworn
79 Operating Supplies Fire
77 Merchandise for Resale Concessions
77 Clothing & Uniforms Winter Theatre
76 Operating Supplies Youth Programs Admin
75 Training Supplies Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Operating Supplies City Clerk
74 Operating Supplies Fitness Classes
73 Office Supplies Arts Center
71 Conference/Training Park Maintenance
70 Conference/Training Park Maintenance
70 Conference/Training Engineering
70 Conference/Training Engineering
70 Equipment Repair & Maint Public Safety Communications
69 Training Supplies Police Sworn
68 Office Supplies Police Sworn
67 Operating Supplies Concessions
67 Training Supplies Police Sworn
66 Operating Supplies Police Sworn
65 Miscellaneous City Council
65 Training Supplies Police Sworn
65 Operating Supplies Arts Center
64 Operating Supplies Fire
63 Deposits General Fund
63 Deposits General Fund
63 Deposits General Fund
63 Office Supplies Customer Service
61 Mileage & Parking Community Development Admin.
61 Canine Supplies Police Sworn
60 Travel Expense City Council
60 Travel Expense City Council
60 Operating Supplies Pool Operations
60 Conference/Training Arts Center
60 Conference/Training Arts Center
60 Conference/Training Community Center Admin
60 Conference/Training Community Center Admin
Amount Account Description Business Unit60Office Supplies Police Sworn
60 Computers Utility Operations - General
58 Operating Supplies Community Center Admin
58 Operating Supplies Special Events Admin
57 Office Supplies Arts Center
56 Operating Supplies Outdoor Center
56 Pager & Cell Phone Police Sworn
56 Merchandise for Resale Concessions
55 Advertising Theatre Initiative
55 Training Supplies Police Sworn
54 Landscape Materials/Supp Street Maintenance
54 Operating Supplies Senior Center Programs
54 Office Supplies Arts Center
54 Pager & Cell Phone Police Sworn
54 Training Supplies Police Sworn
53 Operating Supplies Senior Center Admin
52 Repair & Maint. Supplies Water Distribution
52 Operating Supplies New Adaptive
51 Clothing & Uniforms Winter Theatre
51 Operating Supplies Winter Theatre
50 Operating Supplies New Adaptive
50 Conference/Training Engineering
50 Deposits General Fund
50 Tuition Reimbursement/School Police Sworn
50 Tuition Reimbursement/School Police Sworn
50 Merchandise for Resale Concessions
49 Repair & Maint. Supplies Utility Operations - General
49 Operating Supplies Special Events & Trips
49 Operating Supplies Pool Operations
48 Conference/Training Utility Operations - General
48 Conference/Training Planning
48 Clothing & Uniforms Winter Theatre
46 Operating Supplies Outdoor Center
46 Operating Supplies Arts Center
45 Operating Supplies Outdoor Center
45 Operating Supplies Arts Center
45 Office Supplies Arts Center
45 Conference/Training Community Center Admin
45 Merchandise for Resale Concessions
Amount Account Description Business Unit44MiscellaneousJuly 4th Celebration
43 Office Supplies Utility Operations - General
43 Merchandise for Resale Concessions
42 Dues & Subscriptions Engineering
41 Repair & Maint. Supplies Maintenance Facility
40 Operating Supplies Youth Programs Admin
40 Operating Supplies Arts Center
40 Operating Supplies Special Events Admin
40 Operating Supplies Special Events & Trips
40 Operating Supplies Special Events Admin
40 Operating Supplies Arts Center
40 Travel Expense Fire
40 Conference/Training Utility Operations - General
40 Conference/Training Utility Operations - General
40 Training Supplies Police Sworn
39 Operating Supplies Outdoor Center
39 Travel Expense Fire
39 Operating Supplies Skating Rinks/Warming Houses
38 Merchandise for Resale Concessions
37 Operating Supplies Special Events Admin
37 Capital Under $25,000 Special Events Admin
37 Repair & Maint. Supplies Wasterwater Collection
36 Merchandise for Resale Concessions
36 Repair & Maint. Supplies Utility Operations - General
35 Computers IT Operating
34 Equipment Repair & Maint Public Safety Communications
34 Operating Supplies Special Events Admin
34 Operating Supplies Special Events & Trips
33 Operating Supplies Volleyball
32 Training Supplies Fire
32 Office Supplies Police Sworn
32 Clothing & Uniforms Winter Theatre
31 Travel Expense Fire
31 Training Supplies Police Sworn
31 Clothing & Uniforms Fire
31 Miscellaneous Communications
31 Operating Supplies Police Sworn
30 Computers Utility Operations - General
30 Software IT Operating
Amount Account Description Business Unit29MiscellaneousCity Council
29 Merchandise for Resale Concessions
29 Operating Supplies Senior Center Programs
28 Training Supplies Fire
28 Operating Supplies Snow & Ice Control
28 Repair & Maint. Supplies Police (City Cost)
26 Operating Supplies Special Events & Trips
26 Dues & Subscriptions Fire
26 Dues & Subscriptions Fire
26 Tuition Reimbursement/School Police Sworn
26 Training Supplies Police Sworn
25 Licenses, Taxes, Fees Fleet Operating
25 Dues & Subscriptions Utility Operations - General
25 Equipment Repair & Maint Park Maintenance
25 Equipment Repair & Maint Senior Center Programs
25 Training Supplies Police Sworn
24 Operating Supplies Community Center Admin
24 Operating Supplies Fitness Classes
24 Safety Supplies Fitness Classes
24 Conference/Training Police Sworn
22 Operating Supplies IT Operating
22 Special Event Fees Senior Center Programs
21 Clothing & Uniforms Winter Theatre
21 Repair & Maint. Supplies Fitness/Conference - Cmty Ctr
21 Operating Supplies Arts Center
20 Operating Supplies Community Center Admin
20 Operating Supplies Specialty Fitness Programs
20 Operating Supplies Skating Rinks/Warming Houses
20 Software/Hardware Maint.IT Operating
20 Advertising Theatre Initiative
20 Repair & Maint. Supplies Maintenance Facility
19 Merchandise for Resale Concessions
19 Operating Supplies Street Maintenance
19 Miscellaneous Athletic Programs Admin
19 Miscellaneous Volleyball
19 Clothing & Uniforms Winter Theatre
19 Clothing & Uniforms Winter Theatre
18 Operating Supplies IT Operating
18 Clothing & Uniforms Winter Theatre
Amount Account Description Business Unit18Clothing & Uniforms Winter Theatre
18 Training Supplies Police Sworn
18 Office Supplies Utility Operations - General
18 Operating Supplies Senior Center Programs
17 Merchandise for Resale Concessions
17 Operating Supplies Police Sworn
17 Operating Supplies Skating Rinks/Warming Houses
17 Merchandise for Resale Concessions
17 Travel Expense City Council
16 Operating Supplies Park Maintenance
16 Small Tools Facilities Staff
16 Operating Supplies Pool Operations
16 Office Supplies Police Sworn
16 Merchandise for Resale Concessions
16 Operating Supplies Special Events & Trips
15 Office Supplies Utility Operations - General
15 Miscellaneous Community Development Admin.
15 Operating Supplies Winter Theatre
15 Operating Supplies Arts Center
14 Miscellaneous Athletic Programs Admin
14 Miscellaneous Athletic Programs Admin
14 Operating Supplies Outdoor Center
14 Repair & Maint. Supplies City Center - CAM
14 Operating Supplies Volunteers
14 Operating Supplies Fitness Classes
14 Repair & Maint. Supplies Police (City Cost)
13 Operating Supplies Pool Lessons
13 Operating Supplies Youth Programs Admin
13 Repair & Maint. Supplies City Hall (City Cost)
12 Conference/Training Senior Center Admin
12 Mileage & Parking Park Maintenance
12 Mileage & Parking Park Maintenance
12 Merchandise for Resale Concessions
12 Special Event Fees Senior Center Admin
12 Operating Supplies Community Center Admin
11 Training Supplies Police Sworn
11 Repair & Maint. Supplies Police (City Cost)
11 Operating Supplies Winter Theatre
10 Licenses, Taxes, Fees Park Maintenance
Amount Account Description Business Unit10Conference/Training Park Maintenance
10 Licenses, Taxes, Fees Park Maintenance
10 Operating Supplies New Adaptive
10 Operating Supplies Arts Center
10 Operating Supplies Fitness Classes
10 Operating Supplies Arts Center
10 Repair & Maint. Supplies Wastewater Lift Station
10 Operating Supplies Arts Center
10 Training Supplies Police Sworn
9 Conference/Training Park Maintenance
9 Conference/Training Park Maintenance
9 Computers IT Operating
9 Repair & Maint. Supplies City Center - CAM
9 Operating Supplies Special Events & Trips
8 Miscellaneous Community Development Admin.
8 Operating Supplies Outdoor Center
7 Operating Supplies Outdoor Center
7 Mileage & Parking Park Maintenance
7 Operating Supplies Volleyball
6 Repair & Maint. Supplies Wastewater Lift Station
6 Operating Supplies Arts Center
6 Operating Supplies Outdoor Center
5 Operating Supplies Outdoor Center
5 Operating Supplies Outdoor Center
5 Computers IT Operating
5 Licenses, Taxes, Fees Fleet Operating
5 Operating Supplies Fitness Center
5 Operating Supplies Senior Center Programs
4 Equipment Repair & Maint Fire
4 Operating Supplies Youth Programs Admin
3 Bank and Service Charges Customer Service
3 Operating Supplies Outdoor Center
3 Operating Supplies Arts Center
2 Licenses, Taxes, Fees Utility Operations - General
2 Licenses, Taxes, Fees Utility Operations - General
2 Licenses, Taxes, Fees Utility Operations - General
2 Office Supplies Arts Center
1 Licenses, Taxes, Fees Fleet Operating
-11 Operating Supplies Special Events Admin
Amount Account Description Business Unit-19 Operating Supplies Arts Center
-26 Operating Supplies Special Events Admin
-200 Conference/Training Street Maintenance
-225 Conference/Training Utility Operations - General
-695 Tuition Reimbursement/School Police Sworn
-695 Tuition Reimbursement/School Police Sworn
-695 Tuition Reimbursement/School Police Sworn
-695 Tuition Reimbursement/School Police Sworn
-2,000 Training Supplies Police Sworn
-3,000 Deposits General Fund
96,839 Report Total
CITY COUNCIL AGENDA
SECTION: Ordinances and Resolutions
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
Robert Ellis
Public Works
ITEM DESCRIPTION: IC # 19826
Adoption of the Eden Prairie Climate Action Plan
ITEM NO.:
XI.A.
Requested Action Adopt a resolution approving the Eden Prairie Climate Action Plan
Synopsis In 2019, the City initiated an effort to develop a communitywide Climate Action Plan with a goal of eliminating carbon and greenhouse gas emissions by 2050. City staff, with the Conservation
Commission and City Council input, have completed the Eden Prairie Climate Action Plan,
made a final presentation of the plan at the February 18, 2020 City Council meeting, and are requesting adoption of the plan at the March 17, 2020 City Council meeting. Background Information
By 2050, Eden Prairie’s community-wide business-as-usual emissions are predicted to total 1,028,901 tonnes of carbon dioxide equivalent (CO2e). These emissions, in order of the largest generating source, will come from travel, commercial/industrial electricity and natural gas usage, residential electricity and natural gas usage, and waste.
To achieve a 2050 zero carbon emission goal several strategies have been identified in the categories of commercial/industrial efficiency, residential efficiency, electric grid mix changes, renewable energy, fuel switching in buildings, travel, and waste. Combined, these strategies have the ability to reduce total carbon emissions by over 1,000,000 tonnes.
The strategies that will need to be employed to achieve this reduction include energy code enforcement, net-zero energy buildings, energy-efficient retrofits, behavior change, Xcel Energy’s planned emissions reduction, on-site renewable electricity, green power purchases, at-use fuel switching, travel mode shift, fleet electrification, and waste reduction and diversion. In
support of these strategies the City will need to take several actions that encourage, regulate,
incentivize, or demonstrative via leadership ways to accomplish significant decarbonization of our community’s energy usage. The successful implementation of Eden Prairie’s Climate Action Plan strategies and actions will
lead to the achievement of community-wide emissions dropping to zero by 2050. These efforts
will require critical partnerships with homeowners, businesses, nonprofit organizations, other regulatory agencies, Xcel Energy, CenterPoint Energy, and the private sector advancement of emerging technologies. Many steps have already been taken which position the City well to be a
leader in community-wide carbon reduction, but there will need to be a sustained push to encourage, regulate, incentivize and lead as the plan is implemented over the next 30 years. At
key milestones the City will need to evaluate progress in meeting planned emission reduction
goals and retool as necessary. It is recommended that the regional indicators presented in this report be collected and compared to planned targets every two years until 2030, then every five years thereafter.
While it is the goal of EP CAP to achieve total communitywide decarbonization by 2050, efforts
that work to achieve this goal ahead of 2050 should be sought out and diligently pursued. Furthermore, The City shall make periodic updates to the CAP after communitywide emission data is collected to ensure the 2050 goal is achieved or to accelerate achievement to a more near term date.
Attachments Resolution Eden Prairie Climate Action Plan
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-__ APPROVE EDEN PRAIRIE CLIMATE ACTION PLAN I.C. 19826 WHEREAS, By 2050, Eden Prairie’s community-wide business-as-usual emissions are predicted to total 1,028,901 tonnes of carbon dioxide equivalent coming from travel, commercial/industrial electricity and natural gas usage, residential electricity and natural gas usage, and waste; and
WHEREAS, The City of Eden Prairie has developed a Climate Action Plan with a goal of eliminating these carbon and greenhouse gas emissions by 2050; and WHEREAS, To achieve a 2050 zero carbon emission goal several strategies have been
identified in the categories of commercial/industrial efficiency, residential efficiency, electric
grid mix changes, renewable energy, fuel switching in buildings, travel, and waste; and WHEREAS, The strategies that will need to be employed to achieve this reduction include energy code enforcement, net-zero energy buildings, energy-efficient retrofits, behavior change,
Xcel Energy’s planned emissions reduction, on-site renewable electricity, green power
purchases, at-use fuel switching, travel mode shift, fleet electrification, and waste reduction and diversion; and WHEREAS, In support of these strategies the City will need to take several actions that
encourage, regulate, incentivize, or demonstrative via leadership ways to accomplish significant decarbonization of our community’s energy usage; and WHEREAS, These efforts will require critical partnerships with homeowners, businesses, nonprofit organizations, other regulatory agencies, Xcel Energy, Minnesota Valley Electric
Cooperative, CenterPoint Energy, and the private sector advancement of emerging technologies. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the Eden Prairie Climate Action Plan is hereby adopted. BE IT FURTHER RESOLVED that while it is the goal of EP CAP to achieve total communitywide decarbonization by 2050, efforts that work to achieve this goal ahead of 2050 should be sought out and diligently pursued. ADOPTED by the Eden Prairie City Council on March 17, 2020.
Ronald A. Case, Mayor ATTEST:
SEAL ________________________ Kathleen Porta, City Clerk
Adopted March 17, 2020
CONTENTS
EXECUTIVE SUMMARY ........................................................................................................................................... 1
INTRODUCTION AND BACKGROUND...................................................................................................................... 6
BASELINE DATA...................................................................................................................................................... 6
BUSINESS-AS-USUAL FORECAST ............................................................................................................................. 7
STRATEGIC PLAN .................................................................................................................................................... 9
Strategy Interactions ........................................................................................................................................... 10
Definitions ........................................................................................................................................................... 10 Persistence of Strategies ..................................................................................................................................... 13
1. Commercial/Industrial Energy Efficiency ............................................................................................................ 13
1.1. Energy Code Enforcement ..................................................................................................................... 13
1.2. Net-Zero Energy Buildings ..................................................................................................................... 14
1.3. Energy-Efficient Retrofits ....................................................................................................................... 15
1.4. Efficient Building Operations ................................................................................................................. 16
1.5. Behavior Change .................................................................................................................................... 16
1.6. Total Estimated Commercial/Industrial Energy Efficiency Emissions Reduction ................................... 17
1.7. Commercial/Industrial Energy Efficiency Emissions Reduction Actions ................................................ 17
2. Residential Energy Efficiency............................................................................................................................... 18
2.1. Energy Code Enforcement ..................................................................................................................... 18
2.2. Net-Zero Energy Buildings ..................................................................................................................... 19
2.3. Energy-Efficient Retrofits ....................................................................................................................... 20
2.4. Behavior Change .................................................................................................................................... 21
2.5. Total Estimated Residential Energy Efficiency Emissions Reduction ..................................................... 21
2.6. Residential Energy Efficiency Emissions Reduction Actions .................................................................. 22
3. Electric Grid Mix .................................................................................................................................................. 23
3.1. Xcel Energy’s Planned Emissions Reductions......................................................................................... 23
3.2. Total Estimated Electric Grid Mix Emissions Reduction......................................................................... 23
3.3. Electric Grid Mix Emissions Reduction Actions ...................................................................................... 24
4. Renewable Energy ............................................................................................................................................... 25
4.1. On-Site Photovoltaics ............................................................................................................................ 25
4.2. Green Power Purchase – Commercial/Industrial................................................................................... 26
4.3. Green Power Purchase – Residential ..................................................................................................... 26
4.4. Total Estimated Renewable Energy Emissions Reduction ..................................................................... 27
4.5. Renewable Energy Emissions Reduction Actions................................................................................... 27
5. Fuel Switching – Buildings ................................................................................................................................... 28
5.1. Commercial/Industrial Electrification .................................................................................................... 28
5.2. Residential Electrification ...................................................................................................................... 29
5.3. Total Estimated Fuel Switching Emissions Reduction ............................................................................ 29
5.4. Fuel Switching Emissions Reduction Actions ......................................................................................... 30
6. Vehicle Travel ...................................................................................................................................................... 30
6.1. Mode Shift ............................................................................................................................................. 31
6.2. Electric Vehicles ..................................................................................................................................... 31
6.3. Total Estimated Travel Emissions Reduction ......................................................................................... 32
6.4. Travel Emissions Reduction Actions ...................................................................................................... 32
7. Waste .................................................................................................................................................................. 33 7.1. Waste Reduction and Diversion............................................................................................................. 33
7.2. Total Estimated Waste Emissions Reduction ......................................................................................... 34
7.3. Waste Emissions Reduction Actions ...................................................................................................... 34
SUMMARY ........................................................................................................................................................... 36
APPENDIX ............................................................................................................................................................ 37
User Inputs ................................................................................................................................................................... 37
Assumptions ................................................................................................................................................................ 38
Emissions Reduction Calculations ................................................................................................................................ 39
BIBLIOGRAPHY ..................................................................................................................................................... 42
Table 1 - Climate Plan Actions....................................................................................................................... 2
Table 2 - Commercial/Industrial Actions..................................................................................................... 18
Table 3 - Residential Actions ....................................................................................................................... 22
Table 4 - Electric Grid Mix Actions .............................................................................................................. 24
Table 5 - Renewable Energy Actions ........................................................................................................... 27
Table 6 - Fuel Switching Actions ................................................................................................................. 30
Table 7 - Travel Actions ............................................................................................................................... 32
Table 8 - Waste Actions .............................................................................................................................. 34
Figure 1 - Business-as-Usual Emissions ......................................................................................................... 1
Figure 2 - Planned Emissions Reduction ....................................................................................................... 2
Figure 3 - Planned Emissions......................................................................................................................... 5
Figure 4 – Baseline Emissions ....................................................................................................................... 7
Figure 5 - Business-As-Usual Emissions ........................................................................................................ 9
Figure 6 - Planned Emissions Reduction ..................................................................................................... 12
Figure 7 - Planned Emissions....................................................................................................................... 12
Figure 8 – Estimated Commercial/Industrial Energy Efficiency Emissions Reduction ................................ 17
Figure 9 – Estimated Residential Energy Efficiency Emissions Reduction .................................................. 22
Figure 10 – Estimated Electric Grid Mix Emissions Reduction .................................................................... 24
Figure 11 – Estimated Renewable Energy Emissions Reduction ................................................................ 27
Figure 12 – Estimated Fuel Switching Emissions Reduction ....................................................................... 30
Figure 13 - Estimated Travel Emissions Reduction ..................................................................................... 32
Figure 14 - Estimated Waste Emissions Reduction ..................................................................................... 34
Prepared by the City of Eden Prairie and LHB.
Adapted from the Wedge Diagram Methodology document created for the
Minnesota Local Government Project for Energy Planning (LoGoPEP) by LHB and the
University of Minnesota, Center for Science, Technology, and Environmental Policy.
LoGoPEP was supported by the Department of Energy, Office of Energy Efficiency and
Renewable Energy (EERE), under Award Number DE- DE-EE0007229.
Eden Prairie Climate Action Plan 2020 1
EXECUTIVE SUMMARY
By 2050, Eden Prairie’s community-wide business-as-usual emissions are predicted to total 1,028,901
tonnes of carbon dioxide equivalent (CO2e). These emissions, in order of the largest generating source,
will come from travel, commercial/industrial electricity and natural gas usage, residential electricity and
natural gas usage, and waste. Total CO2e emissions by generating source can be found in Figure 1 -
Business-as-Usual Emissions.
Figure 1 - Business-as-Usual Emissions
To achieve a 2050 zero carbon emission goal several strategies have been identified in the categories of
commercial/industrial efficiency, residential efficiency, electric grid mix changes, renewable energy, fuel
switching in buildings, travel, and waste. Combined, these strategies have the ability to reduce total
carbon emissions by over 1,000,000 tonnes as shown in Figure 2 - Planned Emissions Reduction.
The strategies that will need to be employed to achieve this reduction include energy code
enforcement, net-zero energy buildings, energy-efficient retrofits, behavior change, Xcel Energy’s
planned emissions reduction, on-site renewable electricity, green power purchases, at-use fuel
switching, travel mode shift, fleet electrification, and waste reduction and diversion. In support of these
strategies the City will need to take several actions that encourage, regulate, incentivize, or
demonstrative via leadership ways to accomplish significant decarbonization of our community’s energy
usage. A summary of all actions that support the strategies leading to a carbon neutral 2050 are
summarized in Table 1 - Climate Plan Actions.
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1,000,000
1,200,000
1,400,000
2005 2010 2015 2020 2025 2030 2035 2040 2045 2050
tonnes CO2e Waste
Vehicle Travel
Residential Natural Gas
Residential Electricity
Commercial/Industrial Natural Gas
Commercial/Industrial Electricity
Eden Prairie Climate Action Plan 2020 2
Figure 2 - Planned Emissions Reduction
Table 1 - Climate Plan Actions
Encouragement Actions
• Encourage Energy Star, LEED, and/or net-zero energy certification
• Continue implementing the actions described in the City’s Energy Action
Plan
• Promote building and operations BMPs
• Publicize financial resources for energy efficiency and renewable energy
projects on City website
• Create a Commercial Energy Squad program
• Create neighborhood Green Teams and a Green Team Academy
• Promote renewable energy
• Encourage time-of-use pricing participation
• Encourage Xcel Energy to strengthen wireline infrastructure to support net
metering solar array installations
• Promote participation in Xcel Energy’s renewable energy programs such as
Windsource & Renewable*Connect
• Host education sessions on solar energy such as Solar Power Hours
• Provide education on types of green power options
• Promote building efficiency to reduce up-front costs of electrification
• Promote use of light rail transit and development of Transit Oriented
Development
Eden Prairie Climate Action Plan 2020 3
• Increase funding to close trail and sidewalk gaps
• Promote Southwest transit bike program and Prime Services
• Encourage ride-share programs
• Participate in National Bike Challenge
• Encourage higher ridership on school bus system
• Develop City yard waste compost site
• Be a resource for businesses required to implement back-of-house
organics by 2020
• Promote Hennepin County Master Recycler and Composter program
• Provide Hennepin County Fix-it-Clinics
• Create greater awareness for reuse options
Regulatory Actions
• Adopt and enforce an energy benchmarking ordinance
• Enforce current and future energy codes • Support statewide policies such as building energy code updates and
appliance, equipment and future efficiency standards
• Lobby for stretch energy code legislation
• Adopt and enforce an energy disclosure policy
• Explore rental licensing energy efficiency improvement requirements
• Prepare for grid modernization and battery stations
• Require new construction to be “solar ready”
• Adopt green building policy
• Renewable landfill gas purchase options
• Encourage the revision of the Conservation Improvement Program
Planning and Performance Reporting to allow rebates/incentives for fuel
switching by the MN Department of Commerce
• Require new development/redevelopment to install charging stations or
be “EV ready” • Support clean car rules requiring vehicle manufacturers to offer more
electric vehicles for consumers
• Require more robust transit management demand (TDM) for new office
development
• Implement curbside residential organics by 2022 and include multifamily
• Review possibility of zero-waste packaging ordinance
• Require events at City rental facilities to be zero-waste
• Require deconstruction versus demolition for redevelopment
• Explore options for decreasing single use plastics (on demand only, charge
per use, ban)
Incentive Actions
• Educate, promote and continue offering PACE financing for clean energy
projects
• Offer technical assistance for private sector development to incorporate
net-zero energy
• Offer Home Energy Squad buy downs
• Incentives for elective energy improvements made during remodels
• Explore residential PACE financing program opportunities
• Explore incentives to promote fuel switching
• Reserved priority parking and charging stations for EVs
Eden Prairie Climate Action Plan 2020 4
Leadership Actions
• Adopt net-zero energy standards for new public facilities
• Expand implementation of GreenStep Cities best practices for energy
efficiency in existing public buildings
• Participate in the Guaranteed Energy Savings Program
• Facilitate development of green neighborhoods
• Develop a community solar garden
• Continue working on City solar projects
• Continue working with programs like Minnesota Brightfields Initiative and
SolSmart
• Facilitate landfill solar project in Eden Prairie
• Implement strategic electrification in public buildings
• Install EV charging stations at high use City facilities
• Purchase EV police patrol car • Modernize City facilities for operational EV Fleet
• Replace City Fleet with hybrid or fully electric vehicles
• Implement bike or e-scooter share program
• Purchase electric mowers for City operations
• Build out City trail and bike lane system with connections to neighboring
cities and across freeway barriers
• Roundabout preference over signal
• Flashing signals during off-peak times
• Implement zero-waste City events
• Expand City organics to other facilities including Senior Center, Community
Center, Water Treatment Plant and Maintenance Facility
• Develop portable water station to replace plastic water bottle sales at City
events
As shown in Figure 3 - Planned Emissions, the successful implementation of Eden Prairie’s Climate Action
Plan strategies and actions will lead to the achievement of community-wide emissions dropping to zero
by 2050. These efforts will require critical partnerships with homeowners, businesses, nonprofit
organizations, other regulatory agencies, Xcel Energy, CenterPoint Energy, and the private sector
advancement of emerging technologies. Many steps have already been taken which position the City
well to be a leader in community-wide carbon reduction, but there will need to be a sustained push to
encourage, regulate, incentivize and lead as the plan is implemented over the next 30 years. At key
milestones the City will need to evaluate progress in meeting planned emission reduction goals and
retool as necessary. It is recommended that the regional indicators presented in this report be collected
and compared to planned targets every two years until 2030, then every five years thereafter.
While it is the goal of EP CAP to achieve total communitywide decarbonization by 2050, efforts that
work to achieve this goal ahead of 2050 should be sought out and diligently pursued. Furthermore, The
City shall make periodic updates to the CAP after communitywide emission data is collected to ensure
the 2050 goal is achieved or to accelerate achievement to a more near term date.
Eden Prairie Climate Action Plan 2020 5
Figure 3 - Planned Emissions
Eden Prairie Climate Action Plan 2020 6
INTRODUCTION AND BACKGROUND
In 2019, the City of Eden Prairie partnered with LHB Corporation to develop a Climate Action Plan with a
goal of becoming carbon neutral by 2050. To accomplish this effort historical energy use and carbon
dioxide equivalent (CO2e) emissions were evaluated and contrasted to predict future annual emissions.
This involved the use of a Wedge Diagram Tool developed by Minnesota’s Local Government Project for
Energy Planning. The wedge diagram models actionable strategies for energy and greenhouse gas
emission reductions and helps prioritize impactful strategies, understand implementation pathways,
outline a plan for action, and measure progress toward goals.
After reviewing historic baseline data and determining business-as-usual forecasts, a series of strategies
were developed and modeled with the Wedge Diagram Tool that showed significant reductions in
carbon emissions in the categories of commercial/industrial efficiency, residential efficiency, electric grid
mix changes, renewable energy strategies, fuel switching in buildings, travel, and waste
commercial/industrial. Next, the wedge diagram results were shared with the Eden Prairie Conservation
Commission who then provided input on actionable steps that could be taken in support these key
carbon reduction strategies.
Through this effort a menu of actions were developed and categorized as either encouragement,
regulation, incentive or leadership. Encouragement action items are defined as those which the City
publically promotes to aid in awareness, publicizes to draw attention to, to participates in to assist with
education and outreach. Regulation action items are defined as efforts that involve the City mandating
through the establishment of standards, rules, policies or ordinances. Regulation action could also
involve the City advocating for other regulatory agencies to develop standards, rules, policies or
statutes. Incentive actions are defined as measures that work to motivate others to take steps they
otherwise might not. This often times include financial incentives but can also consist of providing
technical assistance or priority treatments. Finally, leadership action items are those where the City is
taking a forward role in demonstrating best practices or implanting new technologies as a means of
demonstration.
BASELINE DATA
Baseline emissions data are gathered through the Regional Indicators Initiative in compliance with the
U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions produced by ICLEI.
The baseline greenhouse gas emissions inventories include:
Energy: Emissions from non-travel energy consumed within city boundaries. Each energy utility
serving customers within the city provides annual totals for citywide electricity use, natural gas
use, and district heating and cooling (if applicable), broken down between residential and
commercial/industrial uses. Emissions are calculated based on the emissions factors associated
with each energy source. Electricity emissions factors vary over time based on the energy
sources used for generation. When available, electricity emissions factors are utility-specific;
otherwise, regional averages from eGRID subregion MRO West are used.1
Travel: Emissions caused by on-road vehicle travel within city boundaries. Vehicle miles traveled
are measured by the Minnesota Department of Transportation and publicly reported at the city
scale.2 The associated greenhouse gas emissions are calculated based on the historic vehicle
fleet mix for urban areas of Minnesota, annual national averages for fuel economy, and
statewide biofuel characteristics.
Eden Prairie Climate Action Plan 2020 7
Waste: Emissions caused by the generation and management of municipal solid waste. Solid
waste data is collected by the Minnesota Pollution Control Agency at the county scale and is
estimated for cities using the county's per capita rate. Associated emissions are calculated based
on the waste management method.
The summary of Eden Prairie historical emissions can be found in Figure 4 – Baseline Emissions. The full
methodology for determining baseline greenhouse gas emissions can be found at the Regional
Indicators Initiative website (www.regionalindicatorsmn.com).
Figure 4 – Baseline Emissions
BUSINESS-AS-USUAL FORECAST
The business-as-usual emissions forecast is based upon predicted city growth, assuming current
efficiency levels (energy, travel, waste per person) and carbon intensities (GHG per unit of energy
consumed, miles travelled, waste managed) remain constant. This approach enables efficiency and
decarbonization improvements to be accounted for in the reduction wedges, whether these
improvements are legislatively mandated, market-driven, or voluntary.
Business-as-usual energy emissions are estimated by:
1. Calculating the 3-year moving average residential energy consumption per person and
commercial/industrial energy consumption per job from the baseline data for natural gas and
electricity.
2. Multiplying the normalized energy consumption from Step 1 by future population and jobs
estimates, respectively, to get the total expected energy consumption.
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600,000
700,000
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1,000,000
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
tonnes CO2e
Waste
Vehicle Travel
Res. Natural Gas
Res. Electricity
C/I Natural Gas
C/I Electricity
Eden Prairie Climate Action Plan 2020 8
3. Multiplying the total expected energy consumption by the most recent emissions factors for
electricity and natural gas, respectively, to get the total expected energy emissions.
Business-as-usual travel emissions are estimated by:
1. Calculating the 3-year moving average vehicle miles traveled (VMT) per person from the
baseline data.
2. Multiplying the VMT/person from Step 1 by future population estimates to get the total
expected vehicle miles traveled.
3. Multiplying the total expected vehicle miles traveled by the most recent emissions factor for
vehicle travel to get the total expected travel emissions.
Business-as-usual waste emissions are estimated by:
1. Calculating the 3-year moving average municipal solid waste (MSW) per person from the
baseline data.
2. Multiplying the MSW/person from Step 1 by future population estimates to get the total
expected municipal solid waste.
3. Multiplying the total expected municipal solid waste by the most recent emissions factor for
waste management to get the total expected waste emissions.
The baseline energy consumption, vehicle miles traveled, demographic data, and emissions factors are
from the Regional Indicators Initiative data. Population and job forecasts are from the Metropolitan
Council’s “Population, Households and Employment Forecasts to 2040, Twin Cities Metropolitan Area”
(August 28, 2019).3 Since these projections are only through 2040, a linear forecast was used to estimate
out to 2050.
Eden Prairie Population, Households, and Employment Forecasts:
2020 2030 2040 2050
Population 67,900 75,200 82,400 89,670
Households 27,400 30,400 33,300 36,267
Employment 64,000 68,000 72,500 76,650
Since different portfolios of reduction strategies are available to new buildings versus existing buildings,
the business-as-usual energy use needs to be divided between new and existing buildings to effectively
calculate the reduction wedges. The new construction rates for Eden Prairie were calculated based on
information from the City’s comprehensive plan for 2040. Commercial and industrial new construction
rates were estimated using planned growth in the commercial, office/light industrial, and industrial land
use categories.4 Growth in each of the land use categories was weighted equally since each is assigned
the same maximum floor area ratio (FAR) by City ordinance.5
Residential new construction rates were estimated by:
1. Calculating the number of new housing units needed to serve the City’s projected growth in
households, assuming the current vacancy rate is held constant.6,7
2. Determining the number of new housing units that will be single-family homes based on the
available land for low-density housing and the minimum density.8,9
3. Assuming the remaining housing units will be high-density.
Eden Prairie Climate Action Plan 2020 9
4. Weighting the new low-density and high-density housing units based on how their predicted
size (sf) compares to the average size of the existing housing stock in the City to account for the
lower energy use of high-density housing.10,11,12
Since the comprehensive plan projections only extend to 2040, the new construction rates are assumed
to stay constant between 2040 and 2050. In 2050, this methodology results in 48% of the city’s
commercial building stock and 26% of the city’s residential stock being built after 2017.
Eden Prairie Annual New Construction Rates:
2017-2020 2021-2030 2031-2050
Commercial/Industrial 9.34% 1.08% 0.75%
Residential 1.83% 0.60% 0.52%
A summary of business-as usual emissions for waste, vehicle travel, residential natural gas, residential
electricity, business natural gas and business electricity can be found in Figure 5 - Business-As-Usual
Emissions.
Figure 5 - Business-As-Usual Emissions
STRATEGIC PLAN
The strategic plan shows the anticipated outcomes of committing to a set of emission reduction
strategies. The strategic plan is calculated by adjusting the business-as-usual forecast based on the sum
of the reductions achieved through each of the selected strategies.
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2005 2010 2015 2020 2025 2030 2035 2040 2045 2050
tonnes CO2e Waste
Vehicle Travel
Residential Natural Gas
Residential Electricity
Commercial/Industrial Natural Gas
Commercial/Industrial Electricity
Eden Prairie Climate Action Plan 2020 10
Strategy Interactions
Climate planning should be approached through a combination of efficiency and decarbonization.
However, if the savings from efficiency and decarbonization are both calculated based on the business-
as-usual consumption and emissions factors, the savings would be double-counted. To avoid this,
savings are applied first to efficiency strategies, then to decarbonization strategies. For building energy,
this approach first applies savings to efficiency strategies, then electric grid mix strategies, then to
renewable energy strategies, and finally to fuel switching strategies. In essence, efficiency savings are
based on business-as-usual energy use and business-as-usual emissions factors. Electric grid mix
strategies are based on planned energy use and business-as-usual emissions factors. Renewable energy
strategies are based on planned energy use and planned emissions factors. A similar approach is used
within the travel sector to first apply savings from mode shift and then electrification.
In addition to these big picture strategy interactions, there are also several overlaps between strategies
within a single category. These interactions are described in the respective category sections.
Definitions
The following terms are used in the calculation of the savings potential associated with each strategy.
Emission reduction
For each strategy, the emission reduction represents the reduction in tonnes of carbon dioxide
equivalents (tCO2e) from the business-as-usual forecast.
Building energy use
Building energy use refers to the amount of energy used in buildings, in million British thermal units
(MMBtu). This is the first data point needed for the energy efficiency strategies, and is typically
separated into commercial and industrial buildings versus residential buildings, as well as existing
versus new versus renovated buildings. For strategies that have different savings rates based on fuel
type, building energy use may also be separated between electricity and natural gas.
While Business-As-Usual (BAU) building energy use is used as the starting point for all efficiency
strategies, planned building energy use is the starting point for decarbonization strategies. Planned
Example
In 2030, Community A has a business-as-usual energy use of 1000 MMBtu and a business-as-usual
emissions factor of 0.10 tCO2e/MMBtu. Community A commits to efficiency strategies that reduce
energy use by 25% by 2030 and plan to install enough on-site photovoltaics to generate 100 MMBtu
per year. The energy utility that serves Community A commits to reducing their emissions factor by
30% by 2030.
Energy Efficiency Reduction: 1000 MMBtu x 25% x 0.10 tCO2e/MMBtu = 25 tCO2e
Electric Grid Mix Reduction: 750 MMBtu x 0.10 tCO2e/MMBtu x 30% = 22.5 tCO2e
On-Site Photovoltaics Reduction: 100 MMBtu x 0.07 tCO2e/MMBtu = 7 tCO2e
Eden Prairie Climate Action Plan 2020 11
building energy use is defined as the amount of energy anticipated after all efficiency and fuel
switching strategies are applied.
Participation rate
Participation rates are defined as the percentage of people or buildings adopting the given strategy,
assuming all households operate at the same energy intensity, and all jobs have equivalent energy
intensities. Since this is not true (especially for commercial/industrial buildings), the participation
rate is more accurately described as the percentage of energy use that will be affected by the
strategy. For example, if large commercial buildings comprise 25% of the building stock, but use 50%
of the energy, a strategy that targets all large commercial buildings would use a participation rate of
50%.
For one-time strategies such as equipment replacement or retrofits, participation rates are
distributed equally across the time period selected for strategy adoption. For example, a
participation rate of 15% for building retrofits from 2025-2040 would result in a 1% annual
participation rate. For ongoing strategies such as behavior change or green power purchase,
participation rates are assigned to each year of the designated time period. For example, a
participation rate of 15% for behavior change from 2025-2040 would result in a 15% annual
participation rate.
Energy savings rate
Energy savings rates are defined as the reduction in energy use from the BAU based upon the given
strategy. Depending on the strategy, there may be separate energy savings rates for electricity
versus natural gas.
Emission factor
Emission factors refer to the emissions intensity of each unit of energy consumed, in tonnes of
carbon dioxide equivalent per million British thermal unit (tCO2e/MMBtu). Since natural gas
emission factors do not vary substantially over time, the emissions factor for natural gas remains
constant at 0.05 tCO2e/MMBtu.13 The emission intensity of electricity changes based on the primary
energy used to generate the electricity. In this analysis, electricity supplied through the grid is
assigned an emissions factor that changes over time based on the anticipated portfolio mix of each
utility serving the community. Electricity supplied through renewable energy – whether from green
power purchase or on-site renewables – are assigned an emissions factor of zero.
While the Business-As-Usual (BAU) emissions factor is used to determine emissions savings for all
efficiency strategies, the planned emissions factor is the starting point for decarbonization
strategies. The planned emissions factor is the anticipated emissions factor of the grid, after
applying the electric grid mix strategies.
A summary of community-wide planned emissions reduction in Eden Prairie can be found in Figure 6 - Planned Emissions
Reduction and
Figure 7 - Planned Emissions.
Eden Prairie Climate Action Plan 2020 12
Figure 6 - Planned Emissions Reduction
Figure 7 - Planned Emissions
Eden Prairie Climate Action Plan 2020 13
Persistence of Strategies
Persistence is defined as the effectiveness and longevity of reduction strategies after the initial
implementation period. Savings from one-time strategies that are based on installed technology (e.g.
Net-Zero Energy Buildings and Appliance, Equipment, and Fixture Efficiency) are typically assumed to
persist throughout the planning horizon, reflecting the lifetime of the energy-saving building component
or device. Savings from strategies that rely on the continued engagement of the building operator or
occupants (e.g. Energy-Efficient Operations and Behavior Change) are assumed to be contingent on
continued participation. Assumptions regarding persistence are described for each strategy in the
documentation below. A summary of actions steps supporting Eden Prairie’s carbon reduction
strategies is found in the various tables below.
1. COMMERCIAL/INDUSTRIAL ENERGY EFFICIENCY
Increased energy efficiency in commercial and industrial new construction, renovations, and existing
buildings can be achieved by improving the building’s thermal envelope, using more efficient
equipment, appliances, and fixtures, and using these devices more efficiently.
Strategy Interactions:
- The savings from these efficiency strategies are based on the business-as-usual emissions factor
rather than the planned emissions factor.
- Savings from Energy Code Enforcement are applied before Net-Zero Energy Buildings, so that the
savings from Net-Zero Energy Buildings are compared to the planned energy code, rather than
compared directly to the business-as-usual.
- Buildings constructed within the planning horizon are not eligible for strategies for existing
buildings. For example, a building constructed in 2025 can achieve ongoing savings through
compliance with the energy code, but cannot achieve additional savings through efficient building
operations. While this may underestimate the total savings potential for a new building, it avoids
double-counting.
- The remaining commercial/industrial efficiency strategies are defined in a way that avoids overlap.
For example, Energy-Efficient Retrofits include actions related to replacing or enhancing
components of the building’s thermal envelope, mechanical systems, lighting fixtures, and
appliances. Efficient Building Operations addresses operations and maintenance practices that are
typically within the control of a building operator, while actions that are controlled by building
occupants are included in Behavior Change.
1.1. Energy Code Enforcement
New construction and renovation projects in Minnesota are required to comply with the Minnesota
Energy Code. In 2015, Minnesota adopted the 2012 International Energy Conservation Code (IECC),
which identifies energy conservation requirements for building envelopes and systems and references
ASHRAE 90.1-2010 as a compliance pathway. This strategy estimates the emissions savings from the
increased energy efficiency of a new building that complies with the current energy code as compared
to a baseline building. To avoid double-counting with other strategies, renovations are not included
within this strategy.
Assumptions:
- The methodology for predicting energy use from new construction is described in the “Business-As-
Usual Forecast” section at the beginning of this document.
Eden Prairie Climate Action Plan 2020 14
- All new construction and renovations comply with the energy code. This is an improvement from
the average Minnesota compliance rate, which was 91.8% for commercial buildings in 2012-2013.14
The interim participation rates are:
2020 2030 2040 2050
Participation Rate 100% 100% 100% 100%
- New buildings that comply with the energy code achieve 34.5% energy savings in comparison with
the average baseline building.15 This assumes the energy performance of the average baseline
building is comparable to the ASHRAE 90.1-1989 energy code – which was in effect from 1991 to
2009 – and that meeting Minnesota’s current energy code is equivalent to meeting ASHRAE 90.1-
2010.16
- Although new versions of the energy code typically go into effect in Minnesota every 6 years, future
energy code improvements are not modeled as part of this strategy. Commercial building energy
savings have historically ranged from 3.2-11.9% for each 3-year code update.17
- Energy savings rates are applied equally to natural gas and electricity.
- Energy savings associated with energy-efficient building design and construction are expected to
persist over the lifetime of the building.
1.2. Net-Zero Energy Buildings
This strategy involves meeting more aggressive energy performance thresholds for new construction
than required by the current Energy Code, with the goal of producing as much energy on-site as is used.
This concept is called net-zero energy. Based on the Architecture 2030 Challenge, this strategy models
stepped energy performance targets for new buildings that lead to net-zero energy building design by
2030. To avoid double-counting with other strategies, renovations are not included within this strategy.
Minnesota has implemented a unique example of a net-zero energy standard through a program called
Sustainable Buildings 2030 (SB 2030), which is currently required on projects that receive general
obligation bond funding from the State of Minnesota. There are several ways to expand this strategy to
include additional buildings. Individual projects can elect to pursue aggressive performance targets
(which may be incentivized through utility programs). Cities can require compliance with a green
building policy for their own buildings and other projects that receive financial support or regulatory
approval from the city. At the statewide scale, the building code can be revised to either adopt a more
aggressive energy code or to provide a stretch code as an option that can be adopted by local
jurisdictions.
Assumptions:
- The methodology for predicting energy use from new construction is described in the “Business-As-
Usual Forecast” section at the beginning of this document.
- The city achieves a participation rate of 100% by 2032, which assumes that net-zero energy is a
requirement of Minnesota’s building code by then. The interim participation rates are:
2020 2030 2040 2050
Participation Rate 0% 5% 80% 100%
- The energy emissions savings rate increases over time, mimicking the savings anticipated through
complying with SB 2030 and assuming a lag time between building design and occupancy. For
example, a building that starts schematic design in 2030 would be designed to be net-zero energy,
Eden Prairie Climate Action Plan 2020 15
but may not actually be built and operational until 2035. The savings values are slightly different
than the stated SB 2030 savings of 70%, 80%, and 90% due to a different baseline being used. SB
2030 uses a 2003 building, which has been estimated to be 10% worse than a building meeting
ASHRAE 90.1 1989. The baseline building used here is assumed to meet ASHRAE 90.1 1989.
2020 2025 2030 2035 2040
Energy Emissions Savings Rate 67% 78% 89% 100% 100%
- To avoid double-counting, energy emissions savings are adjusted from the user input to remove
savings associated with energy code enforcement (Strategy 1.1).
- On-site renewable electricity is calculated based on the assumption that energy emissions savings of
84% can be achieved through efficiency.18 The remaining 16% required to achieve net zero energy
will need to be fulfilled by renewable energy generation.
- Renewable energy generation savings are based on the planned electricity emissions factor, rather
than the BAU emissions factor.
- Energy savings rates are applied equally to natural gas and electricity.
- Energy savings associated with energy-efficient building design and construction are expected to
persist over the lifetime of the building.
1.3. Energy-Efficient Retrofits
Commercial building retrofits are defined here as building envelope improvements and/or replacement
of mechanical equipment, lighting fixtures, or appliances that results in improved energy efficiency. This
strategy applies to existing buildings only, and not to new construction.
Assumptions:
- This strategy models the energy savings from achieving the targets described in Eden Prairie’s
Energy Action Plan for participation in Xcel Energy’s conservation programs for electricity and
CenterPoint’s conservation programs for natural gas: “By 2025, 50 percent of the largest
commercial/industrial energy users participate in Xcel Energy conservation programs.”19
Annual savings from conservation program participation in the specified year:20
2020 2025 2030-2050
Electricity (MMBtu) 18,766 24,566 27,637
Natural Gas (MMBtu) 17,200 21,900 25,200
- Assuming the average participating business will complete 2.75 conservation programs, this will
result in 84% of businesses participating by 2050. Percent of businesses that have participated in
conservation programs for their existing buildings by the specified year:
2020 2030 2040 2050
Participation Rate 6% 31% 57% 84%
- Energy savings from energy-efficient retrofits are assumed to persist over the lifetime of the building
since these savings are not dependent on occupant behavior.
Eden Prairie Climate Action Plan 2020 16
1.4. Efficient Building Operations
Low to no-cost improvements in energy efficiency can be achieved through building operations by
optimizing temperature setpoints and setback schedules and conducting equipment maintenance and
diagnostics. In addition to regular diagnostic tasks conducted by the building operator, efficient building
operations may also include periodic re-commissioning, during which a certified professional will
systematically identify and remedy energy wasting malfunctions.
Assumptions:
- By 2025, 85% of the city’s commercial and industrial buildings are actively engaged in building
operations BMPs. This is based on the ultimate net participation rate estimated in a national study
for commercial building operations and performance programs.21 This is described as an “aggressive
but reasonable level of participation.” The interim participation rates are:
2020 2030 2040 2050
Participation Rate 40% 85% 85% 85%
- The Energy Savings Rate is 23%. This reflects the savings potential simulated by the New Buildings
Institute for implementing best practices for commissioning, operations, and maintenance in a mid-
size office building in Minneapolis and Duluth.22 This is on the conservative end of the savings
potential of 23-30% modeled on a national scale by the Pacific Northwest National Laboratory.23
- The persistence of savings for this strategy relies on the continued implementation of energy-
efficient operation practices. If the participation rate drops, savings achieved in previous years will
not persist. This may slightly underestimate the continued savings from this strategy; the average
persistence for retrocommissioning programs range from 5-7 years, and a 3-year life is assumed for
programs like strategic energy management.24
1.5. Behavior Change
Businesses and industries can reduce their energy consumption through actions such as using smart
power strips and power management strategies to reduce plug loads, turning off lights and computers,
using operable windows and blinds to control heat gain, and adjusting temperature setpoints. These
actions can be supported through behavior change programs that are based on information, education,
and/or social interaction.25 Examples of behavior change programs include real time feedback,
competitions, and strategic energy management led by an energy champion.
Assumptions:
- By 2025, occupants of 33% of the city’s commercial/industrial buildings are engaged in sustained
behavior change strategies. This has been estimated as the adoption rate of strategic energy
management in 2030.26 The interim participation rates are:
2020 2030 2040 2050
Participation Rate 0% 33% 33% 33%
- The average percentage reduction in energy consumption for businesses engaged in behavior
change activities is 5%. This is within the range of savings typically achieved through real-time
feedback (1%-15%), persuasive messaging (1.2%-8%), competitions (1.8%-21%), and in-person
strategies (4.4%-27%).27
Eden Prairie Climate Action Plan 2020 17
- The energy savings rate is applied equally to natural gas and electricity. In practice, commercial
behavior change programs often achieve higher savings in electricity than natural gas – whether due
to being targeted at electricity only, or due to the types of actions taken.28
- The energy savings rate is assumed to be constant over time. This does not account for variations in
savings as programs ramp-up or as the participants’ engagement level changes.29
- Long-term persistence rates for behavior change strategies are currently unknown, but are likely to
depend on the duration of user exposure to the program.30,31 Here, the persistence of savings for
this strategy is assumed to rely on the continued implementation of behavior-based energy
management.
1.6. Total Estimated Commercial/Industrial Energy Efficiency Emissions Reduction
Through the strategies of energy code enforcement, net-zero energy buildings, energy-efficient retrofits,
efficient building operations and behavior change, commercial and industrial facilities in Eden Prairie
could attain an emissions reduction of 286,208 tonnes of CO2e by 2050. This represents 28.5% of all
emissions in the Eden Prairie business-as-usual model. Predicted results for each strategy in the
commercial/industrial category are detailed in Figure 8 – Estimated Commercial/Industrial Energy
Efficiency Emissions Reduction.
Figure 8 – Estimated Commercial/Industrial Energy Efficiency Emissions Reduction
1.7. Commercial/Industrial Energy Efficiency Emissions Reduction Actions
Several actions will need to be taken to achieve the desired results outlined in the commercial/industrial
emission reduction strategies. These actions will target new construction, renovations, and existing
buildings. Recommended actions have been grouped under the categories of encouragement,
regulation, incentive or leadership. Details for all recommended actions are listed in Table 2 -
Commercial/Industrial Actions.
Energy Code Enforcement, 9.3%
Net-Zero Energy Buildings, 4.5%
Energy-Efficient Retrofits, 22%
Efficient Building Operations, 9.5%
Behavior Change, 0.8%
-
100,000
200,000
300,000
400,000
500,000
600,000
700,000
2005 2010 2015 2020 2025 2030 2035 2040 2045 2050
tonnes CO2e
Eden Prairie Climate Action Plan 2020 18
Table 2 - Commercial/Industrial Actions
Encouragement Actions
• Encourage Energy Star, LEED, and/or net-zero energy certification
• Continue implementing the actions described in the City’s Energy Action
Plan
• Promote building and operations BMPs
• Publicize financial resources for energy efficiency projects on City website
• Create a Commercial Energy Squad program
Regulatory Actions
• Adopt and enforce an energy benchmarking ordinance
• Enforce current and future energy codes
• Support statewide policies such as building energy code updates and
appliance, equipment and future efficiency standards
• Lobby for stretch energy code legislation
Incentive Actions
• Educate, promote and continue offering PACE financing for clean energy
projects
• Offer technical assistance for private sector development to incorporate
net-zero energy
Leadership Actions
• Adopt net-zero energy standards for new public facilities • Expand implementation of GreenStep Cities best practices for energy
efficiency in existing public buildings
• Participate in the Guaranteed Energy Savings Program
2. RESIDENTIAL ENERGY EFFICIENCY
Increased energy efficiency in residential new construction, renovations, and existing buildings can be
achieved by improving the building’s thermal envelope, using more efficient equipment, appliances, and
fixtures for space conditioning, lighting, cooking, and entertainment, and using these devices more
efficiently.
Strategy Interactions:
- The savings from these efficiency strategies are based on the business-as-usual emissions factor
rather than the planned emissions factor.
- Savings from Energy Code Enforcement are applied before Net-Zero Energy Buildings, so that the
savings from Net-Zero Energy Buildings are compared to the planned energy code, rather than
compared directly to the business-as-usual.
2.1. Energy Code Enforcement
New construction and renovation projects in Minnesota are required to comply with the Minnesota
Energy Code. In 2015, Minnesota adopted the 2012 International Energy Conservation Code (IECC),
which identifies energy conservation requirements for building envelopes and systems. This strategy
estimates the emissions savings from the increased energy efficiency of a residential building that
complies with the current energy code as compared to a baseline building. To avoid double-counting
with other strategies, renovations are not included within this strategy.
Eden Prairie Climate Action Plan 2020 19
Assumptions:
- The methodology for predicting energy use from new construction and renovations is described in
the “Business-As-Usual Forecast” section at the beginning of this document.
- All new construction complies with the energy code. This is an improvement from the average
Minnesota compliance rate, which was 76.8% for residential buildings in 2012-2013.32 The interim
participation rates are:
2020 2030 2040 2050
Participation Rate 100% 100% 100% 100%
- New buildings that comply with the energy code achieve 38.5% energy savings in comparison with
the average baseline building.33 This assumes the energy performance of the average baseline
building is comparable to the 1989 Model Energy Code (MEC) – which was in effect during the 1990s
– and that meeting Minnesota’s current energy code is equivalent to meeting 2012 IECC.34
- Although new versions of the energy code typically go into effect in Minnesota every 6 years, future
energy code improvements are not modeled as part of this strategy.
- Energy savings rates are applied equally to natural gas and electricity.
- Energy savings associated with energy-efficient building design and construction are expected to
persist over the lifetime of the building.
2.2. Net-Zero Energy Buildings
This strategy involves meeting more aggressive energy performance thresholds for new construction
than required by the current Energy Code, with the goal of producing as much energy on-site as is used.
This concept is called net-zero energy. Based on the Architecture 2030 Challenge, this strategy models
stepped energy performance targets for new buildings that lead to net-zero energy building design by
2030. To avoid double-counting with other strategies, renovations are not included within this strategy.
Minnesota has implemented a unique example of a net-zero energy standard through a program called
Sustainable Buildings 2030 (SB 2030), which is currently required on projects that receive general
obligation bond funding from the State of Minnesota. There are several ways to expand this strategy to
include additional buildings. Individual projects can elect to pursue aggressive performance targets
(which may be incentivized through utility programs). Cities can require compliance with a green
building policy for their own buildings and other projects that receive financial support or regulatory
approval from the city. At the statewide scale, the building code can be revised to either adopt a more
aggressive energy code or to provide a stretch code as an option that can be adopted by local
jurisdictions.
Assumptions:
- The methodology for predicting energy use from new construction is described in the “Business-As-
Usual Forecast” section at the beginning of this document.
- The city achieves a participation rate of 100% by 2032, which assumes that net-zero energy is a
requirement of Minnesota’s building code by then. The interim participation rates are:
2020 2030 2040 2050
Participation Rate 0% 5% 80% 100%
- The energy emissions savings rate increases over time, mimicking the savings anticipated through
complying with SB 2030 and assuming a lag time between building design and occupancy. For
Eden Prairie Climate Action Plan 2020 20
example, a building that starts schematic design in 2030 would be designed to be net-zero energy,
but may not actually be built and operational until 2035. The savings values are slightly different
than the stated SB 2030 savings of 70%, 80%, and 90% due to a different baseline being used. SB
2030 uses a 2003 building, which has been estimated to be 10% worse than a building meeting 1989
MEC. The baseline building used here is assumed to meet 1989 MEC.
2020 2025 2030 2035 2040
Energy Emissions Savings Rate 67% 78% 89% 100% 100%
- To avoid double-counting, energy emissions savings are adjusted from the user input to remove
savings associated with energy code enforcement (Strategy 1.1).
- On-site renewable electricity is calculated based on the assumption that energy emissions savings of
80% can be achieved through efficiency.35 The remaining 20% required to achieve net zero energy
will need to be fulfilled by renewable energy generation.
- Renewable energy generation savings are based on the planned electricity emissions factor, rather
than the BAU emissions factor.
- Energy savings rates are applied equally to natural gas and electricity.
- Energy savings associated with energy-efficient building design and construction are expected to
persist over the lifetime of the building.
2.3. Energy-Efficient Retrofits
Residential building retrofits are defined here as weatherization and/or replacement of mechanical
equipment, lighting fixtures, or appliances that results in improved energy efficiency. Programs such as
home energy audits can help homeowners identify and prioritize impactful upgrades. This strategy
applies to existing homes only, and not to new construction.
Assumptions:
- This strategy models the energy savings from achieving the targets described in Eden Prairie’s
Energy Action Plan for participation in Xcel Energy’s conservation programs for electricity and
CenterPoint’s conservation programs for natural gas: “By 2025, 75 percent of Eden Prairie
households will participate in a renewable energy or energy efficiency program.”36
Annual savings from conservation program participation in the specified year:37
2020 2025 2030-2050
Electricity (MMBtu) 3,398 3,276 3,020
Natural Gas (MMBtu) 18,600 18,600 18,200
- Assuming the average participating household will complete 2.25 conservation programs, this will
result in 82% of businesses participating by 2050. Percent of households that have participated in
conservation programs for their existing buildings by the specified year:
2020 2030 2040 2050
Participation Rate 8% 34% 58% 82%
- Energy savings from thermal envelope improvements are assumed to persist over the lifetime of the
building since these savings are not dependent on occupant behavior.
Eden Prairie Climate Action Plan 2020 21
2.4. Behavior Change
Residents can reduce their household energy consumption through actions such as turning off lights and
computers, using operable windows and blinds to control heat gain, and adjusting temperature
setpoints. These actions can be supported through behavior change programs that are based on
information, education, and/or social interaction.38 Examples of behavior change programs include
home energy reports that encourage conformation to social norms by comparing a household’s energy
use to that of its neighbors, real time feedback, and competitions.
Assumptions:
- By 2025, 98% of the city’s households will be actively engaged in behavior change. These
participation rates can be achieved through behavior change programs, which may be implemented
as “opt-out” programs – in which all residents participate unless they request to be excluded – or
“opt-in” programs in which residents actively choose to participate. Opt-in programs typically have
lower participation rates (20%) than opt-out programs (98%).39 The interim participation rates are:
2020 2030 2040 2050
Participation Rate 0% 98% 98% 98%
- The average percentage reduction in energy consumption for households engaged in behavior
change activities is 1.6%. Energy savings for behavior change programs vary based on program
design, with higher per-customer savings achieved through opt-in programs than through opt-out
programs. While savings from opt-in home energy report programs can reach as high as 16%, opt-
out program savings range from 1.2-2.2% for electricity and 0.3-1.6% for natural gas.40 This is similar
to the savings seen from real-time feedback, with demonstrated savings of 1% and a theoretical
maximum potential of up to 17%.41 Savings from residential competitions range from 0.7-14% for
electricity and 0.4-10% for natural gas, with most achieving savings of 5% or less.42
- The energy savings rate is applied equally to natural gas and electricity. In practice, residential
behavior change programs often achieve higher savings in electricity than natural gas – whether due
to being targeted at electricity only, or due to the types of actions taken.43
- The energy savings rate is assumed to be constant over time. This does not account for variations in
savings as programs ramp-up or as the participants’ engagement level changes.44
- The persistence of savings for this strategy relies on the continued implementation of behavioral
practices.45 If the participation rate drops, savings achieved in previous years will not persist.46
2.5. Total Estimated Residential Energy Efficiency Emissions Reduction
Through the strategies of energy code enforcement, net-zero energy buildings, energy-efficient retrofits,
and behavior change, residential buildings in Eden Prairie could attain an emissions reduction of 75,815
tonnes of CO2e by 2050. This represents 7.5% of all emissions in the Eden Prairie business-as-usual
model. Predicted results for each strategy in the residential category are detailed in Figure 9 –
Estimated Residential Energy Efficiency Emissions Reduction.
Eden Prairie Climate Action Plan 2020 22
Figure 9 – Estimated Residential Energy Efficiency Emissions Reduction
2.6. Residential Energy Efficiency Emissions Reduction Actions
Several actions will need to be taken to achieve the desired results outlined in the residential emission
reduction strategies. These actions will target new construction, renovations, and existing buildings.
Recommended actions have been grouped under the categories of encouragement, regulation,
incentive or leadership. Details for all recommended actions are listed in Table 3 - Residential Actions.
Table 3 - Residential Actions
Encouragement Actions
• Encourage Energy Star, LEED, Passive House and/or net-zero energy
certification
• Continue implementing the actions described in the City’s Energy Action
Plan
• Publicize financial resources for energy efficiency projects on City website • Create neighborhood Green Teams and a Green Team Academy
Regulatory Actions
• Enforce current and future energy codes
• Adopt and enforce an energy disclosure policy
• Support statewide policies such as building energy code updates and
appliance, equipment and future efficiency standards
• Explore rental licensing energy efficiency improvement requirements
Incentive Actions
• Offer technical assistance for private sector development to incorporate
net-zero energy
• Offer Home Energy Squad buy downs
• Incentives for elective energy improvements made during remodels
• Explore residential PACE financing program opportunities
Energy Code Enforcement, 2.8%Net-Zero Energy Buildings, 1.9%Energy-Efficient Retrofits, 7.0%Behavior Change, 0.6%
-
100,000
200,000
300,000
400,000
500,000
600,000
700,000
2005 2010 2015 2020 2025 2030 2035 2040 2045 2050
tonnes CO2e
Eden Prairie Climate Action Plan 2020 23
Leadership Actions
• Facilitate development of green neighborhoods
3. ELECTRIC GRID MIX
With the majority of non-travel energy emissions attributed to electricity consumption, strategies that
impact the electric generation sector have the potential to result in significant savings. This wedge
includes strategies that shift the primary energy used to generate electricity for the grid to less carbon-
intensive sources.
Strategy Interactions:
- The savings from these strategies are based on planned – not business-as-usual – electricity use.
Increasing energy efficiency will decrease the savings from these strategies.
- Electric grid mix strategies are treated independently from the renewable energy strategies. It is
assumed that the renewable energy strategies occur in addition to electric grid mix changes, rather
than counting local renewable energy generation toward system-wide emissions reduction goals.
This reflects current practice for green power purchase programs in which the renewable energy
credit (REC) is owned by the end customer, but may result in an overestimate of savings when RECs
are owned by the utility, which is often the case for community solar projects.
- To avoid double-counting, the emissions savings from any displaced electricity achieved through the
Renewable Energy strategies are based on the planned emissions intensity of the grid, which is
selected in this section. For example, if the grid mix is less clean, the savings from an on-site
photovoltaic system will be greater.
3.1. Xcel Energy’s Planned Emissions Reductions
Minnesota's Renewable Energy Standard requires electric utilities to procure at least 25% of their
portfolio from renewable sources by 2025. This has resulted in a reduction in the electricity emissions
factor during the baseline time period, and will continue to achieve reductions through 2025. In addition
to these legislated savings, electric utilities impact their emissions factor through other portfolio
management decisions, such as switching from coal-fired power plants to natural gas. This strategy is
based on the projected emissions factors identified by electric utilities in their Integrated Resource Plans
(IRPs).47
Assumptions:
- Xcel Energy’s future emissions factors for 2020-2034 are based on the five-state Northern States
Power Company System.48 For 2035-2050, the emissions reductions follow a linear trajectory to
Xcel’s stated goal of carbon-free by 2050.49
Planned Emissions Factor Savings Rates:
2020 2025 2030 2035 2040 2045 2050
Xcel Energy 5% 36% 73% 71% 79% 85% 100%
3.2. Total Estimated Electric Grid Mix Emissions Reduction
Through Xcel Energy’s planned emissions reduction strategies the electric grid mix in Eden Prairie could
attain an emissions reduction of 148,051 tonnes of CO2e by 2050. This represents 14.7% of all emissions
Eden Prairie Climate Action Plan 2020 24
in the Eden Prairie business-as-usual model. Predicted results for these strategies are detailed in Figure
10 – Estimated Electric Grid Mix Emissions Reduction.
Figure 10 – Estimated Electric Grid Mix Emissions Reduction
3.3. Electric Grid Mix Emissions Reduction Actions
Several actions will need to be taken to achieve the desired results outlined in the electric grid mix
emission reduction strategies. These actions will target the electric generation sector. Recommended
actions have been grouped under the categories of encouragement, regulation, incentive or leadership.
Details for all recommended actions are listed in Table 4 - Electric Grid Mix Actions.
Table 4 - Electric Grid Mix Actions
Encouragement Actions
• Promote renewable energy
• Encourage time-of-use pricing participation
• Encourage Xcel Energy to strengthen wireline infrastructure to support net
metering solar array installations
Regulatory Actions
• Prepare for grid modernization and battery stations
Incentive Actions
• None identified
Leadership Actions
• None identified
Planned Portfolio Mix Changes, 24%
-
100,000
200,000
300,000
400,000
500,000
600,000
700,000
2005 2010 2015 2020 2025 2030 2035 2040 2045 2050
tonnes CO2e
Eden Prairie Climate Action Plan 2020 25
4. RENEWABLE ENERGY
In addition to the energy transition occurring at the scale of the electric grid, local commitment to
renewable energy can contribute to emissions reductions. This wedge includes strategies such as green
power purchase by residents and businesses as well as on-site renewable installations.
Strategy Interactions:
- The savings from these strategies are based on planned – not business-as-usual – electricity use.
Increasing energy efficiency will decrease the savings from these strategies.
- Renewable energy strategies are limited to meet a maximum of 100% of the community’s energy
demand, meaning that excess energy production cannot be used to offset other sources. This does
not reflect current practice – in which a household with solar panels could be a net-positive energy
prosumer – and may not reflect the community’s approach to carbon accounting.
- It is assumed that the renewable energy strategies occur in addition to electric grid mix changes,
rather than counting local renewable energy generation toward system-wide emissions reduction
goals. This reflects current practice for green power purchase programs in which the renewable
energy credit (REC) is owned by the end customer, but may result in an overestimate of savings
when RECs are owned by the utility, which is often the case for community solar projects.
- The savings from renewable energy strategies are based on the planned emissions intensity of the
grid, which is specified in the electric grid mix wedge. If the grid mix is less carbon-intensive, the
savings from additional renewable energy will be reduced.
- The selected renewable energy strategies are combined with the selected electric grid mix strategy
to determine the planned carbon intensity of energy used within the community. This planned
carbon intensity is used to calculate savings from the fuel switching strategies. For example, if
residents switched from natural gas water heaters to electric water heaters, the resulting electricity
use is assigned an emissions factor that accounts for both green power purchase and a cleaner grid.
4.1. On-Site Photovoltaics
Minnesota has a goal of meeting 1.5% of its annual electricity consumption through solar energy by
2020 and 10% by 2030.50 Building owners may elect to install photovoltaic panels on their roofs to
reduce their electricity costs and carbon footprint. The generated electricity can either be used on site,
which may require energy storage, or sold back to the grid. This strategy is dependent on the amount of
viable rooftop area within the community that receives adequate solar energy. As a state, Minnesota
has the technical potential to meet 38.5% of its annual electricity consumption through rooftop
photovoltaics.51
Assumptions:
- By 2030, the city meets 10% of its electricity load through on-site photovoltaics, in line with the
Statewide goal. By 2025, it meets 5% of its electricity load through on-site photovoltaics. The
interim participation rates are:
2020 2030 2040 2050
Participation Rate 10% 10% 10% 10%
- There is 401,690 MWh of rooftop solar resource available within city boundaries, which represents
16% of 2017 city-wide electricity use.52 This was calculated through a GIS analysis of the Minnesota
Solar Suitability App.53
Eden Prairie Climate Action Plan 2020 26
- After energy efficiency and fuel switching strategies are applied, achieving 10% of citywide
electricity from on-site photovoltaics would require a rooftop utilization rate of 57% in 2030, 64% in
2040, and 66% in 2050. The rooftop utilization rate is the percentage of the total viable rooftop solar
resource utilized for photovoltaic panels
- To distribute emissions savings between sectors, it is assumed that the ratio of
commercial/industrial solar to residential solar is equal to the ratio of commercial/industrial
electricity usage to residential electricity usage. This does not impact the overall size of the wedge,
but does impact the amount of grid-based electricity remaining in each sector that is eligible for
green power purchase.
4.2. Green Power Purchase – Commercial/Industrial
Commercial and industrial customers that purchase electricity from a utility company can participate in
voluntary programs that allow them to purchase a portion of their electricity from renewable energy
sources. In Minnesota, utility green tariff programs and community solar gardens (CSGs) are two options
for consumers seeking to purchase renewable electricity.54
Assumptions:
- Programs currently available in the city include WindSource and Renewable Connect. Participation
rates in these programs through 2045 are projected based on linear growth from 2015-2018
community-wide participation. Green power purchase is expected to become obsolete when the
electricity grid is carbon-free in 2050.
2020 2030 2040 2050
Participation Rates 0.07% 0.09% 0.11% 0%
- The sum of carbon-neutral electricity achieved through on-site photovoltaics and green power
purchase does not exceed the total planned electricity.
4.3. Green Power Purchase – Residential
Residential customers that purchase electricity from a utility company can participate in voluntary
programs that allow them to purchase a portion of their electricity from renewable energy sources. In
Minnesota, utility green tariff programs and community solar gardens (CSGs) are two options for
consumers seeking to purchase renewable electricity.55
Assumptions:
- Programs currently available in the city include WindSource and Renewable Connect. Participation
rates in these programs through 2025 are based on the participation goals from Eden Prairie’s
Energy Action Plan.56 Future years are based on a linear growth in the percentage of subscribed
energy based on 2015-2018 community-wide data. Green power purchase is expected to become
obsolete when the electricity grid is carbon-free in 2050.
2020 2030 2040 2050
Participation Rates 1.5% 2.9% 5.2% 0%
- The sum of carbon-neutral electricity achieved through on-site photovoltaics and green power
purchase does not exceed the total planned electricity.
Eden Prairie Climate Action Plan 2020 27
4.4. Total Estimated Renewable Energy Emissions Reduction
Through the strategies of on-site renewable electricity, business green power purchase and residential
green power purchase, local renewable energy emission reductions in Eden Prairie would ultimately fall
to near zero tonnes of CO2e by 2050. Annual savings of 8,969 tonnes are achieved in earlier years, but
by 2050 the electric grid becomes decarbonized. This renders green power purchases obsolete while on-
site renewable energy systems become less common. Predicted results for each strategy in the
renewable energy category are detailed in Figure 11 – Estimated Renewable Energy Emissions
Reduction.
Figure 11 – Estimated Renewable Energy Emissions Reduction
4.5. Renewable Energy Emissions Reduction Actions
Several actions will need to be taken to achieve the desired results outlined in the renewable energy
emission reduction strategies. These actions will target local commitments to renewable energy.
Recommended actions have been grouped under the categories of encouragement, regulation,
incentive or leadership. Details for all recommended actions are listed in Table 5 - Renewable Energy
Actions.
Table 5 - Renewable Energy Actions
Encouragement Actions
• Promote participation in Xcel Energy’s renewable energy programs such as
Windsource & Renewable*Connect
• Host education sessions on solar energy such as Solar Power Hours
• Provide education on types of green power options
• Publicize financial resources for renewable energy projects on City website
Regulatory Actions
• Require new construction to be “solar ready”
On-Site Photovoltaics, 0%
Green Power Purchase -
Business, 0%
Green Power Purchase
-Residential, 0%
-
100,000
200,000
300,000
400,000
500,000
600,000
700,000
2005 2010 2015 2020 2025 2030 2035 2040 2045 2050
tonnes CO2e
Eden Prairie Climate Action Plan 2020 28
• Adopt a green building policy
• Renewable landfill gas purchase options
Incentive Actions
• Educate, promote and continue offering PACE financing for clean energy
projects to interested parties
Leadership Actions
• Develop a community solar garden
• Continue working on City solar projects
• Continue working with programs like Minnesota Brightfields Initiative and
SolSmart
• Facilitate landfill solar project in Eden Prairie
5. FUEL SWITCHING – BUILDINGS
With over a fifth of the state’s energy emissions coming from fuel combustion in homes, businesses, and
industries, to achieve aggressive greenhouse gas reduction targets these emissions must be addressed.57
In addition to efficiency strategies to reduce the amount of energy need for space heating, water
heating, cooking, and industrial processes, the energy for these needs can be met through less carbon-
intensive sources. Natural gas is currently less carbon-intensive than electricity in Minnesota. However,
as the electricity grid transitions to renewable energy sources, it will become less carbon-intensive than
natural gas. This wedge includes strategies that shift from on-site combustion to electricity use.
Strategy Interactions:
- Both efficiency and other decarbonization strategies are applied before fuel switching strategies.
The savings from these strategies are based on planned – not business-as-usual – energy use and
emissions factors.
- Green power purchase rates are applied to the additional electricity load from fuel switching.
- These strategies account for the on-site efficiency savings inherent in switching from combustion to
electricity use, but do not include additional efficiency savings from technologies such as heat
pumps, which are typically powered by electricity. Therefore, these strategies should be applied in
conjunction with the Energy Efficiency Retrofits strategies to fully account for savings associated
with electric heat pump heating systems.
5.1. Commercial/Industrial Electrification
This strategy models the impact of switching from natural gas space and water heating to electric
heating systems in commercial buildings. The savings depend on the planned electricity emissions
factor; if the electricity emissions factor is higher than the natural gas emissions factor, this strategy will
result in added emissions. Since switching from natural gas to electric heating often involves switching
to heat pumps – which are much more efficient than gas-fired boilers – this strategy should be
considered in conjunction with the Energy-Efficient Retrofits strategy.
Assumptions:
- The percentage of commercial/industrial buildings served by natural gas for space and water
heating that have switched to electricity by the specified year aligns with the “Electrification Futures
Study Sensitivity” scenario used in the energy modeling analysis conducted as part of Xcel Energy’s
Integrated Resource Planning process for 2020-2034.58 This analysis uses assumptions derived from
the national Electrification Futures Study (EFS) led by the National Renewable Energy Laboratory to
“explore the impacts of widespread electrification in all U.S. economic sectors.”59
Eden Prairie Climate Action Plan 2020 29
2020 2030 2040 2050
Participation Rates 0% 9% 38% 70%
- The energy savings rate from switching from natural gas to electric heating is 20%. This is based on a
thermal efficiency of 80% for natural gas-fired equipment and 100% for electric.60 The actual energy
savings will vary based on the baseline and replacement technologies (electric heat pumps can
achieve efficiencies of over 400%). However, this strategy accounts only for the inherent efficiency
differences between on-site combustion and electricity, and not for specific technologies.
- The percentage of natural gas used for space and water heating is 89%, which is average for
commercial buildings in the West North Central region of the Midwest.61
5.2. Residential Electrification
This strategy models the impact of switching from natural gas space and water heating to electric
heating systems in residential buildings. The savings depend on the planned electricity emissions factor;
if the electricity emissions factor is higher than the natural gas emissions factor, this strategy will result
in added emissions. Since switching from natural gas to electric heating often involves switching to heat
pumps – which are much more efficient than gas-fired furnaces – this strategy should be considered in
conjunction with the Appliance, Equipment, and Fixture strategy.
Assumptions:
- The percentage of residential buildings served by natural gas for space and water heating that have
switched to electricity by the specified year aligns with the “Electrification Futures Study Sensitivity”
scenario used in the energy modeling analysis conducted as part of Xcel Energy’s Integrated
Resource Planning process for 2020-2034.62 This analysis uses assumptions derived from the
national Electrification Futures Study (EFS) led by the National Renewable Energy Laboratory to
“explore the impacts of widespread electrification in all U.S. economic sectors.”63
2020 2030 2040 2050
Participation Rates 2% 17% 55% 97%
- The energy savings rate from switching from natural gas to electric heating is 20%. This is based on a
thermal efficiency of 80% for natural gas-fired equipment and 100% for electric.64 The actual energy
savings will vary based on the baseline and replacement technologies (electric heat pumps can
achieve efficiencies of over 400%). However, this strategy accounts only for the inherent efficiency
differences between on-site combustion and electricity, and not for specific technologies.
- The percentage of natural gas used for space and water heating is 93%, which is the average for
residential buildings in Iowa, Minnesota, North Dakota, and South Dakota.65
5.3. Total Estimated Fuel Switching Emissions Reduction
Through the strategies of business and residential electrification, fuel switching in Eden Prairie could
attain an emissions reduction of 86,344 tonnes of CO2e by 2050. This represents 8.6% of all emissions in
the Eden Prairie business-as-usual model. Predicted results for each strategy in the fuel switching
category are detailed in Figure 12 – Estimated Fuel Switching Emissions Reduction.
Eden Prairie Climate Action Plan 2020 30
Figure 12 – Estimated Fuel Switching Emissions Reduction
5.4. Fuel Switching Emissions Reduction Actions
Several actions will need to be taken to achieve the desired results outlined in the fuel switching
emission reduction strategies. These actions will target commercial and residential fuel combustion in
businesses and homes. Recommended actions have been grouped under the categories of
encouragement, regulation, incentive or leadership. Details for all recommended actions are listed in
Table 6 - Fuel Switching Actions.
Table 6 - Fuel Switching Actions
Encouragement Actions
• Promote building efficiency to reduce up-front costs of electrification
Regulatory Actions
• Encourage the revision of the Conservation Improvement Program
Planning and Performance Reporting to allow rebates/incentives for fuel
switching by the MN Department of Commerce
Incentive Actions
• Explore incentives to promote fuel switching
Leadership Actions
• Implement strategic electrification in public buildings
6. VEHICLE TRAVEL
Emissions from vehicle travel can be addressed by adjusting transportation behavior to reduce the
overall number of vehicle miles traveled (VMT) and by reducing the emissions associated with each mile
traveled by upgrading the vehicles on the road.
Strategy Interactions:
Business Electrification, 0.7%
Residential Electrification, 13.2%
-
100,000
200,000
300,000
400,000
500,000
600,000
700,000
2005 2010 2015 2020 2025 2030 2035 2040 2045 2050
tonnes CO2e
Eden Prairie Climate Action Plan 2020 31
- As an efficiency strategy, Mode Shift is applied before the decarbonization strategy of Electric
Vehicles.
- The electric vehicles strategy is dependent on Xcel Energy’s Planned Emissions Reduction, but is not
assumed to be covered by on-site photovoltaics or green power purchase.
6.1. Mode Shift
This strategy involves reducing vehicle travel within city boundaries through increased walking, biking,
transit ridership, ride-sharing, trip efficiency, and telecommuting. It impacts passenger cars as well as
light- and heavy-duty trucks.
Assumptions:
- An 8.6% reduction from the baseline is derived from the estimated regional change in daily VMT per
resident by 2040 due to all changes made to the regional transit system.66 This model assumes
additional savings due to the greater-than-average impact of the Southwest Light Rail and
SouthWest Transit Prime MD on Eden Prairie (as compared to the region as a whole) in addition to
the build-out of the City’s bicycle and pedestrian infrastructure network, rideshare technology
further advancing, autonomous vehicle implementation, use of bike/scooter share systems, and
telecommuting.
Percent reduction in VMT/capita from 2017:
2020 2030 2040 2050
VMT reduction 1% 7% 10% 14%
6.2. Electric Vehicles
Driving electric rather than gasoline or diesel vehicles can provide significant greenhouse gas emission
reductions, with increasing reductions expected in Minnesota as the electricity grid becomes less
carbon-intensive. This strategy focuses on electrifying the passenger cars and light- and heavy-trucks
that drive within the city.
Assumptions:
- By 2050, all vehicles driving within City boundaries will be electric. This assumes a rapid
electrification of the transportation sector that outpaces what would be achieved under current
vehicle replacement rates.
Percentage of vehicles that drive within City boundaries that are electric by the specified year:
2020 2030 2040 2050
Passenger Vehicles 5% 30% 50% 100%
Light Trucks 0% 15% 50% 100%
Heavy Trucks 0% 15% 50% 100%
- For passenger cars the emissions reductions associated with switching from gasoline to electricity is
based on an emissions factor of 326.9 g CO2e/mile for gasoline, a 2017 emissions factor of 142.1 g
CO2e/mile for electric, and future electric emissions reductions based on Xcel Energy’s planned
emissions reductions through 2034 and goal of carbon-free electricity by 2050.67,68,69 In accordance
with the baseline data calculations, this strategy accounts for emissions from fuel feedstock
production and refining, but not vehicle and battery manufacturing.
Eden Prairie Climate Action Plan 2020 32
Emissions reduction from switching from gasoline to electric:
2020 2030 2040 2050
Passenger Cars 59% 88% 91% 100%
- Emissions reductions for light and heavy trucks switching from gasoline or diesel to electric are
assumed to be comparable to passenger cars.
6.3. Total Estimated Travel Emissions Reduction
Through the strategies of mode shift, electric passenger vehicles, electric light trucks, and electric heavy
trucks, travel in Eden Prairie could attain an emissions reduction of 387,664 tonnes of CO2e by 2050.
This represents 38.6% of all emissions in the Eden Prairie business-as-usual model. Predicted results for
each strategy in the travel category are detailed in Figure 13 - Estimated Travel Emissions Reduction.
Figure 13 - Estimated Travel Emissions Reduction
6.4. Travel Emissions Reduction Actions
Several actions will need to be taken to achieve the desired results outlined in the travel emission
reduction strategies. These actions will target transportation behaviors to reduce the number of vehicle
miles traveled as well as work to upgrade the types of vehicle son the road. Recommended actions have
been grouped under the categories of encouragement, regulation, incentive or leadership. Details for
all recommended actions are listed in Table 7 - Travel Actions.
Table 7 - Travel Actions
Encouragement Actions
• Promote use of light rail transit and development of Transit Oriented
Development
Mode Shift, 14.1%
Electric Vehicles, 85.9%
-
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
2005 2010 2015 2020 2025 2030 2035 2040 2045 2050
tonnes CO2e
Eden Prairie Climate Action Plan 2020 33
• Increase funding to close trail and sidewalk gaps
• Promote Southwest transit bike program and Prime Services
• Encourage ride-share programs
• Participate in National Bike Challenge
• Encourage higher ridership on school bus system
Regulatory Actions
• Require new development/redevelopment to install charging stations or
be “EV ready”
• Support clean car rules requiring vehicle manufacturers to offer more
electric vehicles for consumers
• Require more robust transit management demand (TDM) for new office
development
Incentive Actions
• Reserved priority parking and charging stations for EVs
Leadership Actions
• Install EV charging stations at high use City facilities
• Purchase EV police patrol car
• Modernize City facilities for operational EV Fleet
• Replace City Fleet with hybrid or fully electric vehicles
• Implement bike or e-scooter share program
• Purchase electric mowers for City operations
• Build out City trail and bike lane system with connections to neighboring
cities and across freeway barriers
• Roundabout preference over signal
• Flashing signals during off-peak times
7. WASTE
Though emissions caused by waste management are only a small percentage of the community’s total
emissions, waste reduction and diversion can be a cost-effective strategy that visibly engages the entire
community in climate action. In addition to reducing the emissions from waste management, minimizing
waste also results in upstream emissions savings by reducing the impacts of harvesting, manufacturing,
and transporting goods and food.
General assumptions:
- In accordance with ICLEI’s U.S. Community Protocol, the community’s waste emissions only
represent the management of municipal solid waste (e.g. from landfills, resource recovery facilities,
etc.). Upstream emissions from harvesting, manufacturing, and transporting goods and foods are
intended to be accounted for within the community in which these activities occur.
- Savings from reducing vehicle emissions associated with waste management should be accounted
for in the Vehicle Travel Mode Shift strategy.
7.1. Waste Reduction and Diversion
This strategy involves comprehensively reducing emissions from managing municipal solid waste (MSW)
generated within city boundaries. This can be achieved through a combination of reducing MSW and
using less carbon-intensive management methods (e.g. recycling, composting).
Assumptions:
Eden Prairie Climate Action Plan 2020 34
- By 2050, net-zero emissions are generated from the management of municipal solid waste
generated in the city.
Percent reduction from 2017 emissions from the management of municipal solid waste:
2020 2030 2040 2050
Waste emissions
reduction 20% 60% 85% 100%
7.2. Total Estimated Waste Emissions Reduction
Through the strategies of reduction and diversion, waste in Eden Prairie could attain an emissions
reduction of 21,360 tonnes of CO2e 2050. This represents 2.1% of all emissions in the Eden Prairie
business-as-usual model. Predicted results for this strategy are detailed in Figure 14 - Estimated Waste
Emissions Reduction.
Figure 14 - Estimated Waste Emissions Reduction
7.3. Waste Emissions Reduction Actions
Several actions will need to be taken to achieve the desired results outlined in the waste emission
reduction strategies. These actions will target the minimization and diversion of waste. Recommended
actions have been grouped under the categories of encouragement, regulation, incentive or leadership.
Details for all recommended actions are listed in Table 8 - Waste Actions.
Table 8 - Waste Actions
Encouragement Actions
• Develop City yard waste compost site
Eden Prairie Climate Action Plan 2020 35
• Be a resource for businesses required to implement back-of-house
organics by 2020
• Promote Hennepin County Master Recycler and Composter program
• Provide Hennepin County Fix-it-Clinics
• Create greater awareness for reuse options
• Create neighborhood Green Teams and Green Team Academy
Regulatory Actions
• Implement curbside residential organics by 2022 and include multifamily
• Review possibility of zero-waste packaging ordinance
• Require events at City rental facilities to be zero-waste
• Require deconstruction versus demolition for redevelopment
• Explore options for decreasing single use plastics (on demand only, charge
per use, ban)
Incentive Actions • None identified
Leadership Actions
• Implement zero-waste City events
• Expand City organics to other facilities including Senior Center, Community
Center, Water Treatment Plant and Maintenance Facility
• Develop portable water station to replace plastic water bottle sales at City
events
Eden Prairie Climate Action Plan 2020 36
SUMMARY
By 2050, Eden Prairie’s community-wide business-as-usual emissions are predicted to total 1,028,901
tonnes of CO2e. These emissions, in order of the largest generating source, will come from travel,
commercial/industrial electricity and natural gas usage, residential electricity and natural gas usage, and
waste. To achieve a 2050 zero carbon emission goal several strategies have been identified in the
categories of commercial/industrial efficiency, residential efficiency, electric grid mix changes,
renewable energy, fuel switching in buildings, travel, and waste. Combined, these strategies have the
ability to reduce total carbon emissions by over 1,000,000 tonnes.
The strategies that will need to be employed to achieve this reduction include energy code
enforcement, net-zero energy buildings, energy-efficient retrofits, behavior change, Xcel Energy’s
planned emissions reduction, on-site renewable electricity, green power purchases, at-use fuel
switching, travel mode shift, fleet electrification, and waste reduction and diversion. In support of these
strategies the City will need to take several actions that encourage, regulate, incentivize, or
demonstrative via leadership ways to accomplish significant decarbonization of our community’s energy
usage.
Combined, these efforts will require critical partnerships with homeowners, businesses, nonprofit
organizations, other regulatory agencies, Xcel Energy, CenterPoint Energy, and the private sector
advancement of emerging technologies. Many steps have already been taken which position the City
well to be a leader in community-wide carbon reduction, but there will need to be a sustained push to
encourage, regulate, incentivize and lead as the plan is implemented over the next 30 years. At key
milestones the City will need to evaluate progress in meeting planned emission reduction goals and
retool as necessary. It is recommended that the regional indicators presented in this report be collected
and compared to planned targets every two years until 2030, then every five years thereafter.
While it is the goal of EP CAP to achieve total communitywide decarbonization by 2050, efforts that
work to achieve this goal ahead of 2050 should be sought out and diligently pursued. Furthermore, The
City shall make periodic updates to the CAP after communitywide emission data is collected to ensure
the 2050 goal is achieved or to accelerate achievement to a more near term date.
Eden Prairie Climate Action Plan 2020 37
APPENDIX
USER INPUTS
Strategy User Input 2020 2030 2040 2050
Commercial/Industrial Energy Efficiency
Energy Code Enforcement Compliance Rate 100% 100% 100% 100%
Net-Zero Energy Buildings Participation Rate 0% 5% 80% 100%
Energy Efficient Retrofit Participation Rate 6% 31% 57% 84%
Efficient Building Operations Participation Rate 40% 85% 85% 85%
Behavior Change Participation Rate 0% 33% 33% 33%
Residential Energy Efficiency
Energy Code Enforcement Compliance Rate 100% 100% 100% 100%
Net-Zero Energy Buildings Participation Rate 0% 5% 80% 100%
Energy Efficient Retrofit Participation Rate 8% 34% 58% 82%
Behavior Change Participation Rate 0% 98% 98% 98%
Renewable Energy
On-Site Renewable
Electricity
Renewable
Electricity 5% 10% 10% 10%
Green Power Purchase –
Business Participation Rate .07% .09% .11% 0%
Green Power Purchase –
Residential Participation Rate 1.5% 3.5% 5.2% 0%
Fuel Switching - Buildings
Business Electrification Participation Rate 0% 9% 38% 70%
Residential Electrification Participation Rate 2% 17% 55% 97%
Travel
Mode Shift VMT Reduction 1% 7% 10% 14%
Electric Vehicles Passenger EVs 5% 30% 50% 100%
Electric Vehicles Truck EVs 0% 15% 50% 100%
Waste
Waste Reduction and
Diversion Reduction Rate 20% 60% 85% 100%
Eden Prairie Climate Action Plan 2020 38
ASSUMPTIONS
Strategy Assumption Value
Commercial/Industrial Energy Efficiency
Energy Code Enforcement New Construction Energy Savings Rate 34.5%
Net-Zero Energy Buildings Energy Emissions Savings Rate 67-100%
Net-Zero Energy Buildings Maximum Energy Efficiency Savings 84%
Efficient Building
Operations Energy Savings Rate 23%
Behavior Change Energy Savings Rate 5%
Residential Energy Efficiency
Energy Code Enforcement New Construction Energy Savings Rate 38.5%
Net-Zero Energy Buildings Energy Emissions Savings Rate 67-100%
Net-Zero Energy Buildings Maximum Energy Efficiency Savings 80%
Behavior Change Energy Savings Rate 1.6%
Electric Grid Mix
Xcel’s Planned Reductions Emissions Factor Reduction Rate 5-100%
Fuel Switching - Buildings
Business Electrification % Natural Gas Used for Space Heating 76.5%
Business Electrification % Natural Gas Used for Water Heating 12.8%
Business Electrification Energy Savings Rate 20%
Residential Electrification % Natural Gas Used for Space Heating 71.8%
Residential Electrification % Natural Gas Used for Water Heating 21.4%
Residential Electrification Energy Savings Rate 20%
Travel
Electric Vehicles Emissions Factor Reduction Rate 59-100%
Eden Prairie Climate Action Plan 2020 39
EMISSIONS REDUCTION CALCULATIONS
Commercial/Industrial Energy Efficiency
Energy Code Enforcement: Emission Reduction (tCO2e) = BAU New Commercial/Industrial
Building Energy Use (MMBtu) x Compliance Rate (% of new building area complying with the
energy code) x Energy Savings Rate (%) x BAU Emissions Factor (tCO2e/MMBtu)
Net-Zero Buildings: Emission Reduction (tCO2e) = [BAU New Commercial/Industrial Building
Energy Use (MMBtu) x Participation Rate (% of new building area meeting SB 2030 goals) x
Energy Emissions Savings Rate (%) - On-Site Renewable Electricity (MMBtu)] x BAU Emissions
Factor (tCO2e/MMBtu) + On-Site Renewable Electricity (MMBtu) x Planned Electricity Emissions
Factor (tCO2e/MMBtu)
Energy-Efficient Retrofits: Emission Reduction (tCO2e) = Estimated Commercial/Industrial
Building Energy Savings from Participation in Utility Conservation Programs (MMBtu) x BAU
Emissions Factor (tCO2e/MMBtu)
Efficient Building Operations: Emission Reduction (tCO2e) = BAU Existing
Commercial/Industrial Building Energy Use (MMBtu) x Participation Rate (% of existing buildings
undergoing efficient building operations) x Energy Savings Rate (%) x BAU Emissions Factor
(tCO2e/MMBtu)
Behavior Change: Emission Reduction (tCO2e) = BAU Commercial/Industrial Energy Use
(MMBtu) x Participation Rate (% of businesses participating in behavior change program) x
Energy Savings Rate (%) x BAU Emissions Factor (tCO2e/MMBtu)
Residential Energy Efficiency
Energy Code Enforcement: Emission Reduction (tCO2e) = BAU New Residential Building Energy
Use (MMBtu) x Compliance Rate (% of new building area complying with the energy code) x
Energy Savings Rate (%) x BAU Emissions Factor (tCO2e/MMBtu)
Net-Zero Buildings: Emission Reduction (tCO2e) = [BAU New Residential Building Energy Use
(MMBtu) x Participation Rate (% of new building area meeting SB 2030 goals) x Energy Emissions
Savings Rate (%) - On-Site Renewable Electricity (MMBtu)] x BAU Emissions Factor
(tCO2e/MMBtu) + On-Site Renewable Electricity (MMBtu) x Planned Electricity Emissions Factor
(tCO2e/MMBtu)
Energy-Efficient Retrofit: Emission Reduction (tCO2e) = Estimated Residential Building Energy
Savings from Participation in Utility Conservation Programs (MMBtu) x BAU Emissions Factor
(tCO2e/MMBtu)
Behavior Change: Emission Reduction (tCO2e) = BAU Residential Energy Use (MMBtu) x
Participation Rate (% of households participating in behavior change program) x Energy Savings
Rate (%) x BAU Emissions Factor (tCO2e/MMBtu)
Electric Grid Mix
Eden Prairie Climate Action Plan 2020 40
Xcel Energy’s Planned Emissions Reduction: Emission Reduction (tCO2e) = Planned Electricity
Use (MMBtu) x Difference between BAU Electricity Emissions Factor and Planned Portfolio Mix
Emissions Factor (tCO2e/MMBtu)
Renewable Energy
On-Site Photovoltaics: Emission Reduction (tCO2e) = Total Electricity (MWh) x Percentage of
Electricity Load met by On-Site Photovoltaics (%) x Planned Emissions Factor (tCO2e/MMBtu)
Green Power Purchase – Commercial/Industrial: Emission Reduction (tCO2e) = Planned
Commercial/Industrial Electricity Use (MMBtu) x Participation Rate (% of commercial/industrial
electricity loads met through green power purchase) x Planned Electricity Emissions Factor
(tCO2e/MMBtu)
Green Power Purchase – Residential: Emission Reduction (tCO2e) = Planned Residential
Electricity Use (MMBtu) x Participation Rate (% of residential electricity loads met through green
power purchase) x Planned Electricity Emissions Factor (tCO2e/MMBtu)
Fuel Switching
Commercial/Industrial Electrification: Emission Reduction (tCO2e) = Commercial/Industrial
Natural Gas Reduction (MMBtu) x Planned Natural Gas Emissions Factor (tCO2e/MMBtu) -
Commercial/Industrial Electricity Use Increase (MMBtu) x Planned Electricity Emissions Factor
(tCO2e/MMBtu)
Commercial/Industrial Natural Gas Reduction (MMBtu) = Planned Commercial/Industrial Natural
Gas Use (MMBtu) x Percentage of Commercial/Industrial Natural Gas Used for Space and Water
Heating x Participation Rate (% of commercial/industrial buildings served by natural gas that
have switched to electricity)
Commercial/Industrial Electricity Use Increase (MMBtu) = Commercial/Industrial Natural Gas
Reduction (MMBtu) x [1 - Energy Savings Rate (% savings from fuel switching)]
Residential Electrification: Emission Reduction (tCO2e) = Residential Natural Gas Reduction
(MMBtu) x Planned Natural Gas Emissions Factor (tCO2e/MMBtu) - Residential Electricity Use
Increase (MMBtu) x Planned Electricity Emissions Factor (tCO2e/MMBtu)
Residential Natural Gas Reduction (MMBtu) = Planned Residential Natural Gas Use (MMBtu) x
Percentage of Residential Natural Gas Used for Space and Water Heating x Participation Rate (%
of residential buildings served by natural gas that switch to electricity)
Residential Electricity Use Increase (MMBtu) = Residential Natural Gas Reduction (MMBtu) x [1 -
Energy Savings Rate (% savings from fuel switching)]
Vehicle Travel
Eden Prairie Climate Action Plan 2020 41
Mode Shift: Emission Reduction (tCO2e) = Baseline Vehicle Travel per Capita (VMT/capita) x
Reduction from Baseline VMT per capita (%) x Forecasted Population (capita) x BAU Emissions
Factor (tCO2e/VMT)
Electric Vehicles: Emission Reduction (tCO2e) = Planned Vehicle Travel (VMT) x Participation
Rate (% of vehicles that are electric) x Emissions Rate Savings (%) x BAU Emissions Factor
(tCO2e/VMT)
Participation Rate (% of vehicles that are electric) = New Vehicle Purchase Rate (%) x Percentage
of New Vehicle Purchases that are Electric (%)
Waste
Waste Reduction and Diversion: Emission Reduction (tCO2e) = Baseline Waste Emissions
(tCO2e) x Reduction from Baseline Waste Emissions (%)
Eden Prairie Climate Action Plan 2020 42
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O’Shaughnessy, Eric, Jenny Heeter, David Keyser, and Pieter Gagnon. “Estimating the National Carbon
Abatement Potential of City Policies : A Data- Driven Approach,” 2016.
Randall, Tom. “The Electric-Car Boom Is so Real Even Oil Companies Say It’s Coming.” Bloomberg New
Energy Finance, 2017. https://www.bloomberg.com/news/articles/2017-04-25/electric-car-boom-
seen-triggering-peak-oil-demand-in-2030s.
“Regional Indicators Initiative,” n.d. http://www.regionalindicatorsmn.com/.
Shaughnessy, Eric O ’, Chang Liu, and Jenny Heeter. “Status and Trends in the U.S. Voluntary Green
Power Market (2015 Data),” 2015.
Stevens, Matthew. “How Long Does It Take for 50% of Cars to Comply with a New Law?” FleetCarma
Blog, December 2015. http://www.fleetcarma.com/cars-new-law-timeline/.
Eden Prairie Climate Action Plan 2020 43
Sussman, Reuven, and Maxine Chikumbo. “Behavior Change Programs: Status and Impact.” ACEEE
Report, no. October (2016).
Torcellini, Paul. “Zero Energy.” U.S. Department of Energy: Energy Efficiency& Renewable Energy, 2017.
U.S. DOE. “Quadrennial Technology Review: An Assessment of Energy Technologies and Research
Opportunities,” no. September (2015): 1–505.
———. “Saving Energy and Money with Appliance and Equipment Standards in the United States,” 2017.
https://energy.gov/sites/prod/files/2017/01/f34/Appliance and Equipment Standards Fact Sheet-
011917_0.pdf.
U.S. EIA. “Table CE4.3. Household Site End-Use Consumption by Fuel in the Midwest Region, Totals,
2009 (RECS),” 2013.
https://www.eia.gov/consumption/residential/data/2009/index.php?view=consumption#end-use-
by-fuel.
———. “Table E5. Electricity Consumption (kWh) by End Use, 2012 (CBECS),” 2016.
https://www.eia.gov/consumption/commercial/data/2012/c&e/pdf/e5.pdf.
———. “Table E7 . Natural Gas Consumption and Conditional Energy Intensities (Btu) by End Use, 2012
(CBECS),” 2016. https://www.eia.gov/consumption/commercial/data/2012/c&e/pdf/e7.pdf.
U.S. EPA. “ENERGY STAR Qualified Appliances,” 2016.
https://www.energystar.gov/ia/new_homes/features/Appliances_062906.pdf.
University of Minnesota. “Minnesota Solar Suitability Analysis: Methods,” n.d.
Williams, Jeremy. “Presentation Overview : Introduction Statutory Requirements Program Structure
Recent Accomplishments.” U.S. Department of Energy, 2014.
York, Dan, Maggie Molina, Max Neubauer, Seth Nowak, Steven Nadel, Anna Chittum, Neal Elliott, et al.
“Frontiers of Energy Efficiency: Next Generation Programs Reach for High Energy Savings,” no.
January (2013): 262.
Zhang, J, R Athalye, R Hart, M Rosenberg, Y Xie, S Goel, V Mendon, and B Liu. “Energy and Energy Cost
Savings Analysis of the IECC for Commercial Buildings.” Pacific Northwest National Laboratory, no.
August (2013): 1–87.
1 United States Environmental Protection Agency, “Emissions & Generation Resource Integrated Database
(eGRID),” https://www.epa.gov/energy/emissions-generation-resource-integrated-database-egrid.
2 Minnesota Department of Transportation, “Roadway Data,” “VMT by Route System in each City, within each
County,” https://www.dot.state.mn.us/roadway/data/.
3 More information on the demographic forecast methodology can be found at Metropolitan Council, “Council
Forecasts,” n.d., https://metrocouncil.org/Data-and-Maps/Data/CouncilResearchProducts/Council-Forecasts.aspx.
4 City of Eden Prairie, “Aspire Eden Prairie 2040,” Guided Land Uses Change table, page 56, May 3, 2019 draft.
5 City of Eden Prairie City Code, Table 3 - Section 11.03, Ordinance No. 17-2017, Effective Date: September 28,
2017.
6 Forecasted growth in the number of households in the City is estimated by the Metropolitan Council, shown in
the table above.
7 The City’s 2016 housing vacancy rate is 4.2%, per the 2016 Housing Unit Type table, City of Eden Prairie, “Aspire
Eden Prairie 2040,” page 52, May 3, 2019 draft.
8 City of Eden Prairie, “Aspire Eden Prairie 2040,” Guided Land Uses Change table, page 56, May 3, 2019 draft.
9 Minimum density (housing units/acre) from the Development and Redevelopment table, City of Eden Prairie,
“Aspire Eden Prairie 2040,” page 58, May 3, 2019 draft.
Eden Prairie Climate Action Plan 2020 44
10 The average size of existing housing units in Eden Prairie is 2,206sf. This was provided by the City of Eden Prairie’s Assessing Department and includes all housing types within the City: condos, townhomes, single-family,
cooperatives, and apartments.
11 The average size of new single-family homes in Eden Prairie is 3,989sf. This was provided by the City of Eden
Prairie’s Assessing Department and represents the average size of new single-family construction between 2016
and 2018.
12 The average size of new high-density housing units in Eden Prairie is 1,147sf. This was provided by the City of
Eden Prairie’s Assessing Department and represents the average size of two new high-density projects in the city –
one senior living and one apartment building.
13 ICLEI - Local Governments for Sustainability USA, “U.S. Community Protocol for Accounting and Reporting of
Greenhouse Gas Emissions Version 1.1,” no. July (2013): 1–67, Table G.1 and G.3, doi:www.icleiusa.org/tools/ghg-
protocol/community-protocol/us-community-protocol-for-accounting-and-reporting-of-greenhouse-gas-
emissions.
14 Minnesota Department of Labor & Industry Construction Codes and Licensing Division, “Energy Code Compliance
in Minnesota Baseline for ARRA Compliance,” no. September (2013), http://bcapcodes.org/wp-
content/uploads/2015/12/Energy-Code-Compliance-in-Minnesota-2012-2013-Baseline-for-ARRA-Compliance.pdf.
15 J Zhang et al., “Energy and Energy Cost Savings Analysis of the IECC for Commercial Buildings,” Pacific Northwest
National Laboratory, no. August (2013): 1–87.
16 Zhang et al., “Energy and Energy Cost Savings Analysis of the IECC for Commercial Buildings,” Table C.3. ASHRAE
90.1-2010 is one compliance pathway in IECC 2012. Energy savings from ASHRAE 90.1-2010 are within 10% of the
alternative pathway – a set of requirements specific to IECC 2012.
17 Eric O’Shaughnessy et al., “Estimating the National Carbon Abatement Potential of City Policies: A Data-Driven
Approach,” 2016.
18 Ibid. Based on discussions with Minnesota agency staff, the CSEO analysis estimates the contribution of different
technologies toward achieving net-zero energy in 2030. Energy efficiency is estimated to comprise 78% of the
required commercial electricity savings and 90.9% of the required commercial natural gas savings. Since
commercial buildings typically use relatively equal amounts of electricity and natural gas, an unweighted average is
used to estimate the total energy savings achievable through efficiency.
19 Xcel Energy, “An Energy Action Plan for Eden Prairie,” September 13, 2017.
20 Annual savings from participation in Xcel Energy’s conservation programs were calculated out to 2050 by the
Center for Energy and Environment and provided through e-mail correspondence with LHB. These calculations
reflect the savings from program participation within the specified year; to calculate the total savings these
numbers are adjusted to account for the ongoing savings expected from past program participation.
21 York et al., “Frontiers of Energy Efficiency: Next Generation Programs Reach for High Energy Savings.”
22 Mark Frankel, Morgan Heater, and Jonathan Heller, “Sensitivity Analysis: Relative Impact of Design,
Commissioning, Maintenance and Operational Variables on the Energy Performance of Office Buildings,” ACEEE
Summer Study on Energy Efficiency in Buildings, August 12-17, 2012, 52–64, https://newbuildings.org/wp-
content/uploads/2015/11/SensitivityAnalysis_ACEEE20122.pdf.
23 N Fernandez et al., “Impacts of Commercial Building Controls on Energy Savings and Peak Load Reduction,”
2017, http://buildingretuning.pnnl.gov/publications/PNNL-25985.pdf. The cited range of savings reflects seven of
the nine commercial building types studied, excluding secondary schools (49%) and stand-alone retail/dealership
(41%).
24 York et al., “Frontiers of Energy Efficiency: Next Generation Programs Reach for High Energy Savings.”
25 Reuven Sussman and Maxine Chikumbo, “Behavior Change Programs: Status and Impact,” ACEEE Report, no.
October (2016).
26 Ibid.
Eden Prairie Climate Action Plan 2020 45
27 Ibid.
28 Ibid.
29 Ibid.
30 Heidi Ochsner, Alden Jones, and Rita Siong, “Persistence of Behavioral Energy Management Activities and
Savings in Commercial Office Buildings,” in Behavior, Energy & Climate Change Conference (Washington, 2014),
doi:10.5811/westjem.2011.5.6700.
31 Peter Therkelsen and Prakash Rao, “Organizational Change in Industry Through Strategic Energy Management :
Results and Barriers to Success,” in Behavior, Energy & Climate Change Conference (Sacramento, 2015).
32 Minnesota Department of Labor & Industry Construction Codes and Licensing Division, “Energy Code Compliance
in Minnesota Baseline for ARRA Compliance.”
33 Jeremy Williams, “Presentation Overview : Introduction Statutory Requirements Program Structure Recent
Accomplishments” (U.S. Department of Energy, 2014).
34 ASHRAE 90.1-2010 is one compliance pathway in IECC 2012. Energy savings from ASHRAE 90.1-2010 are within
10% of the alternative pathway – a set of requirements specific to IECC 2012. Zhang et al., “Energy and Energy Cost
Savings Analysis of the IECC for Commercial Buildings,” Table C.3.
35 Ibid. Based on discussions with Minnesota agency staff, the CSEO analysis estimates the contribution of different
technologies toward achieving net-zero energy in 2030. Energy efficiency is estimated to comprise 78.5-79.5% of
the required residential electricity savings and 76.5-85.2% of the required residential natural gas savings.
36 Xcel Energy, “An Energy Action Plan for Eden Prairie,” September 13, 2017.
37 Annual savings from participation in utility conservation programs were calculated out to 2050 by the Center for
Energy and Environment and provided through e-mail correspondence with LHB. These calculations reflect the
savings from program participation within the specified year; to calculate the total savings these numbers are
adjusted to account for the ongoing savings expected from past program participation.
38 Sussman and Chikumbo, “Behavior Change Programs: Status and Impact.”
39 Ibid.
40 Ibid.
41 Ibid.
42 Ibid.
43 Ibid.
44 Ibid.
45 Ibid.
46 A study has shown that suspending a home energy report program after two years of ongoing participation
resulted in energy savings declining at a rate of 20% per year for two years. This gradual decline is not reflected in
this tool. Ibid.
47 Every two years, electric utilities submit IRPs to the Public Utilities Commission that for the next 15 years,
indicating the resource options they might use to meet the service needs of their customers.
48 Xcel Energy, “Information Request CEO No. 9,” Minnesota Department of Commerce Docket No. E002/RP-19-
368, July 22, 2019.
49 Xcel Energy, “Building a Carbon-free Future,” 2019.
50 State of Minnesota, “M.S. 216B.1692” (2016).
Eden Prairie Climate Action Plan 2020 46
51 Pieter Gagnon et al., “Rooftop Solar Photovolatic Technical Potential in the United States: A Detailed
Assessment,” 2016.
52 City of Eden Prairie, “Aspire Eden Prairie 2040,” May 3, 2019 draft.
53 University of Minnesota, “Minnesota Solar Suitability Analysis: Methods,” n.d.
54 Eric O’ Shaughnessy, Chang Liu, and Jenny Heeter, “Status and Trends in the U.S. Voluntary Green Power Market
(2015 Data),” 2015.
55 Shaughnessy, Liu, and Heeter, “Status and Trends in the U.S. Voluntary Green Power Market (2015 Data).”
56 Xcel Energy, “An Energy Action Plan for Eden Prairie,” September 13, 2017.
57 Claflin, “Greenhouse Gas Emissions: 1990-2014.”
58 E3, “MN PATHWAYS Assumptions,” submitted by Xcel Energy to Minnesota Department of Commerce Docket
No. E002/RP-15-21, Document ID: 201811-147866-02, last updated October 23, 2018. The electric equipment
adoption rates used in the “EFS Sensitivity Scenario” are higher than the “Reference Scenario” and lower than the
“High Electrification Scenario.” However, Xcel notes that these are “aspirational scenarios” and “do not represent
Xcel Energy’s viewpoint of what is likely to occur in our Upper Midwest service territories during the planning
period of this resource plan.”
59 National Renewable Energy Laboratory, “Electrification Futures Study,” accessed October 3, 2019.
https://www.nrel.gov/analysis/electrification-futures.html.
60 Code of Federal Regulations, Energy Efficiency Program for Certain Commercial and Industrial Equipment, title
10, sec. 431.87.
61 U.S. EIA, “Table E7 . Natural Gas Consumption and Conditional Energy Intensities (Btu) by End Use, 2012
(CBECS).” Space heating accounts for 76.5% and water heating accounts for 12.8% of total natural gas
consumption.
62 E3, “MN PATHWAYS Assumptions,” submitted by Xcel Energy to Minnesota Department of Commerce Docket
No. E002/RP-15-21, Document ID: 201811-147866-02, last updated October 23, 2018. The electric equipment
adoption rates used in the “EFS Sensitivity Scenario” are higher than the “Reference Scenario” and lower than the
“High Electrification Scenario.” However, Xcel notes that these are “aspirational scenarios” and “do not represent
Xcel Energy’s viewpoint of what is likely to occur in our Upper Midwest service territories during the planning
period of this resource plan.”
63 National Renewable Energy Laboratory, “Electrification Futures Study,” accessed October 3, 2019.
https://www.nrel.gov/analysis/electrification-futures.html.
64 Code of Federal Regulations, Energy Efficiency Program for Certain Commercial and Industrial Equipment, title
10, sec. 431.87.
65 U.S. EIA, “Table E7 . Natural Gas Consumption and Conditional Energy Intensities (Btu) by End Use, 2012
(CBECS).” Space heating accounts for 71.8% and water heating accounts for 21.4% of residential natural gas
consumption.
66 USDOT, FTA, Metropolitan Council, “Southwest Light Rail Transit Final Environmental Impact Statement, May
2016.
67 Gasoline emissions factor based on 2017 data from the Regional Indicators Initiative
68 Dane McFarlane, “Analysis: Electric Vehicles Provide Even Greater GHG Reductions in 2017 and Beyond for the
Upper Midwest,” Great Plains Institute Blog, 2017, http://www.betterenergy.org/blog/update-electric-vehicles-
provide-even-greater-ghgs-reductions-2017-and-beyond.
69 Xcel Energy, “Information Request CEO No. 9,” Minnesota Department of Commerce Docket No. E002/RP-19-
368, July 22, 2019.
CITY COUNCIL AGENDA
SECTION: Ordinances and Resolutions
DATE:
March 17, 2020
DEPARTMENT/DIVISION: City Manager ITEM DESCRIPTION: Ordinance Amending City Code Chapter 2.23,
Subd. 1-3, Relating to Renaming the Citizen
Advisory Conservation Commission
ITEM NO.:
XI.B.
Requested Action
Move to: Approve first and second Reading of an Ordinance Amending City Code Section 2.23, relating to renaming the Citizen Advisory Conservation Commission to Citizen
Advisory Sustainability Commission
Synopsis
The Citizen Advisory Conservation Commission acts in an advisory capacity to the City Council and staff about policies and practices that promote the sustainable development and conservation of Eden Prairie’s resources.
City Council and staff have expressed interest in the name change due to the the term
“Sustainability” being more current and cohesive with the City’s Sustainable Eden Prairie initiative.
The Conservation Commission voiced no concerns with a Commission name change at the March 10, 2020 meeting.
Attachment
Ordinance
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. __-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 2.23 RELATING TO RENAMING CITIZEN ADVISORY
CONSERVATION COMMISSION TO CITIZEN ADVISORY SUSTAINABILITY COMMISSION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 2, Section 2.23, Subdivision 1.E is amended to read “Citizen Advisory Sustainability Commission.”
Section 2. City Code Chapter 2, Section 2.23, Subdivision 2.E is amended as follows: a. The phrase “Citizen Advisory Conservation Commission” is replaced with the phrase “Citizen Advisory Sustainability Commission” in each instance where it
appears.
b. The acronym “CACC” is replaced with the acronym “CASC” in each instance where it appears.
Section 3. City Code Chapter 2, Section 2.23, Subdivision 3.A is amended to replace the phrase “Citizen Advisory Conservation Commission” with the phrase “Citizen Advisory Sustainability Commission.”
Section 4. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 2.99 entitled “Violation a Misdemeanor or Petty Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council for the City of Eden Prairie on the 17th day of March, 2020, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the 17th day of March, 2020. ____________________________ ______________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Eden Prairie News on the _____ day of ________, 2020.
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
March 17, 2020
DEPARTMENT/DIVISION:
City Council
ITEM DESCRIPTION:
2020 City Commission Appointments
ITEM NO.:
XIII.A.
Requested Action
Move to: Appoint to the Conservation Commission Daniel Katzenberger, Bruce Schaepe, and Nik Sell
with terms ending March 31, 2023
Move to: Appoint to the Flying Cloud Airport Advisory Commission Daniel Dorson, Andrew
Kleinfehn, and Dave Rosa, with terms ending March 31, 2023; and Keith Tschohl with a term
ending March 31, 2022
Move to: Appoint to the Heritage Preservation Commission Rod Fisher with a term ending March 31,
2023
Move to: Appoint to the Human Rights and Diversity Commission Anjali Limaye and Katherine Lucht
with terms ending March 31, 2023
Move to: Appoint to the Parks, Recreation & Natural Resources Commission Cecilia Cervantes, Patrice
Erickson, Andrew McGlasson, Tom Poul, and Shanti Shah with terms ending March 31, 2023
Move to: Appoint to the Planning Commission William Gooding, Rachel Markos, Andrew Pieper, and
Lisa Toomey with terms ending March 31, 2023; and Michael DeSanctis and John Kirk with
terms ending March 31, 2022
Synopsis
The City Council hosted Commission interviews on Monday, March 2, 2020. All terms will begin on
April 1. A required orientation session for new commissioners will be held on Tuesday, March 24.
CITY COUNCIL AGENDA
SECTION: Appointments
DATE:
March 17, 2020
DEPARTMENT/
DIVISION:
City Council
ITEM DESCRIPTION:
2020 Appointments of Chairs and Vice Chairs to
City Commissions
ITEM NO.:
XIII.B.
Requested Action
Move to: Appoint Cindy Hoffman Chair and Aaron Poock Vice Chair of the Conservation Commission
Move to: Appoint Bob Barker Chair and Daniel Dorson Vice Chair of the Flying Cloud Airport
Advisory Commission
Move to: Appoint Steve Olson Chair and Tara Kalar Vice Chair of the Heritage Preservation
Commission
Move to: Appoint Gregory Leeper Chair and Shahram Missaghi Vice Chair of the Human Rights and
Diversity Commission
Move to: Appoint Larry Link Chair and Patrice Erickson Vice Chair of the Parks, Recreation and
Natural Resources Commission
Move to: Appoint Andrew Pieper Chair and Ed Farr Vice Chair of the Planning Commission
Synopsis
Chairs and Vice Chairs are appointed annually by the City Council following the appointment of
members to City Commissions. The City Council hosted Commission interviews on Monday, March 2,
and determined Chair and Vice Chair assignments for the period of April 1, 2020, through March 31,
2021.
CITY COUNCIL AGENDA SECTION: Appointments
DATE: March 17, 2020
DEPARTMENT/DIVISION: Community Development/ Assessing
ITEM DESCRIPTION: Appointments to 2020 Local Board of Appeal and Equalization (LBAE)
ITEM NO.: XIV.C.
Requested Action Move to: Appoint to the Board of Appeal and Equalization Lyndon Moquist, Annette O’Connor, Todd L. Walker, Nate Thompson and Kristin Rial for the period of March 1, 2020 through May 31, 2020, or until the Board of Appeal and Equalization completes its work.
Synopsis The proposed members for Council approval are Eden Prairie residents and experienced real estate professionals with extensive knowledge of the Southwest metro area.
Lyndon Moquist of Edina Realty is involved in the sale of residential properties in the southwest metro area and manages the Eden Prairie office of Edina Realty. Annette O’Connor of Coldwell Banker Burnet Realty is involved in the sale of residential
properties in the southwest metro. Todd Walker of Coldwell Banker Burnet Realty is involved in the sale of residential properties in the southwest metro.
Nate Thompson of Edina Realty is involved in the sale of residential properties in the southwest metro. Kristin Rial of Edina Realty is involved in the sale of residential properties in the southwest metro.
Background From 1992 through 2018, the City has appointed a special Local Board of Appeal and Equalization (also formerly named the Board of Review). The members are citizen volunteers that are active and
knowledgeable, with extensive experience in the real estate market. The members are recruited by the
City Manager and City Assessor and appointed annually with confirmation by the City Council. The City pays the members a per diem payment of $50 for all required training sessions and Board meetings. State statute requires the LBAE have a majority (quorum) of the voting members be in attendance for
each meeting and at least one member present is required to have completed the LBAE training
offered by the Minnesota Dept. of Revenue. Currently, Nate (certification expires 7/1/2019), Kristin (certification expires July 1, 2021) and Lyndon (certification expires July 1, 2021) have the LBAE training certification. We expect that Todd Walker will complete the new on-line training session prior to the Local Board of Appeal and Equalization meeting.
CITY COUNCIL AGENDA SECTION: Reports of Council Members
DATE: March 17, 2020 DEPARTMENT
Office of the City Manager
ITEM DESCRIPTION:
Resolution Supporting the “Wyland Mayor’s Challenge for Water Conservation”
ITEM NO.: XIV.A.1.
Requested Action
Move to: Adopt the resolution supporting the Wyland Mayor’s Challenge for Water
Conservation.
Synopsis
The attached resolution is a commitment from the City of Eden Prairie to once again support
water conservation efforts by encouraging residents to participate in the Mayor’s Challenge for
Water Conservation from April 1 to April 30, 2020.
Attachment
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-__ SUPPORTING THE “WYLAND MAYOR’S CHALLENGE
FOR WATER CONSERVATION”
WHEREAS, the City of Eden Prairie continues to explore ways to manage residential
consumption of water and power, and to inspire its residents to care for our natural resources;
and WHEREAS, the City of Eden Prairie can engage in efforts to inspire its residents to become better environmental stewards; and
WHEREAS, the ninth annual National Mayor’s Challenge for Water Conservation presented by the Wyland Foundation and Toyota, is a non-profit challenge to residents to encourage pollution reduction and smart water use; and
WHEREAS, with the encouragement of their Mayors, residents may register their
participation in their city's Challenge online by making simple pledges to decrease their water use and to reduce pollution for the period of one year, thereby assisting their cities to apply State and Federal water conservation strategies and to target mandated reductions; and
WHEREAS, from April 1 to April 30, 2020, the City of Eden Prairie wishes to
encourage its residents to take the “Wyland Mayor’s Challenge for Water Conservation” by making a series of online pledges at mywaterpledge.com to reduce their impact on the environment and to see immediate savings in their water, trash and energy bills.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden
Prairie: I. The City of Eden Prairie agrees with and supports the “Wyland Mayor's Challenge for Water Conservation.”
II. The program is to be implemented from April 1 to April 30, 2020, through a
series of communication and outreach strategies to encourage Eden Prairie residents to take the conservation “Challenge.” ADOPTED by the Eden Prairie City Council on this 17th day of March 2020.
____________________________ Ronald A. Case, Mayor
ATTEST: ______________________________ Kathleen Porta, City Clerk
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2020-47
A RESOLUTION ENACTED PURSUANT TO MINNESOTA STATUTES SECTION 12.29
EXTENDING THE PERIOD OF A LOCAL EMERGENCY
WHEREAS, on March 16, 2020, Ronald A. Case, the Mayor of the City of Eden Prairie, Minnesota,
declared that a local emergency is in effect in the City of Eden Prairie as of March 16, 2020 by signing
the "Mayor's Proclamation and Declaration Local Emergency," a copy of which is attached hereto as
Exhibit A; and
WHEREAS, the City Council of the City of Eden Prairie agrees with the mayor's determination and
further finds that the local emergency will last for more than three days and that immediate action to
respond to the local emergency is needed in order to protect the health, safety and welfare of the City and
the community; and
WHEREAS, the Council finds that this emergency, which involves an outbreak of an infectious disease
(COVID-19), is a highly fluid and evolving situation, and in the interest of the public health, a response
or action may be needed that requires deviation from standard procedures for procuring goods and
services; and
WHEREAS, Minnesota Statutes §§ 12.29 and 12.37 and Eden Prairie City Code § 2.87 authorize the
actions taken in this resolution and provide that emergency contracts and agreements are not subject to
normal purchasing, competitive bidding, and other statutory requirements because of the local emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
1. The recitals set forth above are incorporated herein.
2. The Mayor's Proclamation and Declaration of Local Emergency attached as Exhibit A to this
Resolution is hereby extended and continued in effect until further action by the City Council.
3. The necessary portions of the response and recovery aspects of the City's local or inter-
jurisdictional disaster plan are authorized and invoked, including the authorization of aid and
assistance as well as all appropriate community containment and mitigation strategies.
4. To the extent normal state laws and City policies and procedures impede an efficient response
to compliance with federal and state directives and recommendations, the City Manager, the
City Emergency Management Director, and their designees are hereby authorized to suspend
compliance with those laws, policies, and procedures as authorized by the Mayor's
Proclamation and Declaration of a Local Emergency and by Minn. Stat. §§ 12.32 and 12.37,
and to take actions necessary to protect the public health, safety and welfare.
5. City staff is authorized to enter into agreements and contracts necessary for the procurement
of materials, equipment, and services required to respond to the local emergency.
6. The Mayor and City Manager are authorized to execute any necessary agreements, contracts,
and related documents regarding the local emergency necessary to implement corrective action
relative to the local emergency to protect the health, safety, and welfare of the City and the
community.
7. The Mayor, City Manager, City staff, City Attorney, and City consultants are authorized and
directed to take any and all additional steps and actions necessary or convenient in order to
accomplish the intent of this resolution.
8. City staff is authorized to take any appropriate action and to prepare any appropriate documents
to facilitate the directives of the Council as set forth in this Resolution.
9. Effective March 18, 2020, meetings of the City Council, Planning Commission, and other
advisory commissions of the City shall be conducted by telephone or other electronic means,
and City staff are hereby authorized and directed to take such action as may be necessary to
enable such meetings to occur via telephone or other electronic means pursuant to Minnesota
Statutes, Section 13D.021, until such time as it is no longer impractical or imprudent for the
City Council, Planning Commission, and other advisory commission to resume in-person
meetings.
10. This declaration shall be given prompt and general publicity and be filed promptly by the City
Clerk.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of March, 2020.
Ronald A. Case, Mayor
ATTEST:
EXHIBIT A
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
MAYOR'S PROCLAMATION AND DECLARATION OF LOCAL EMERGENCY
WHEREAS, the virus named "SARS-Co V-2," is a new strain of coronavirus that has not previously
been identified in humans and can easily spread from person to person and which causes a disease
named "coronavirus disease 2019," commonly known as "COVID-19," which is a respiratory disease
that can result in serious injury or death; and
WHEREAS, on January 21, 2020 the first case ofCOVID-19 was detected in the United States; on
March 6, 2020 the first case of COVID-19 was detected in the State of Minnesota; and as of March 16,
2020, there are fifty-four known cases of COVID-19 in Minnesota, including more than twenty cases in
Hennepin County; and
WHEREAS, on January 31, 2020, the United States Department of Health and Human Services
Secretary Alex Azar declared a public health emergency for COVID-19, beginning on January 27, 2020;
and
WHEREAS, on March 13, 2020, President Donald Trump declared that the COVID-19 outbreak in the
United States constitutes a National Emergency; and
WHEREAS, on March 13, 2020, Governor Tim Walz declared a Peacetime State of Emergency to
authorize and all necessary resources to be used in support of the COVID-19 response; and
WHEREAS, as of March 15, 2020 the World Health Organization Situation Report confirmed a total of
153,517 cases ofCOVID-19 in over 135 countries, including 5,735 deaths; and
WHEREAS, COVID-19 has been identified by the World Health Organization as a pandemic, and the
United States Centers for Disease Control has provided guidance for individuals, healthcare
professionals, and businesses to slow the spread of COVID-19, which include cancelling or postponing
in-person events that involve more than fifty people for eight weeks; and
WHEREAS, the City of Eden Prairie's Emergency Management Team has been preparing for weeks,
working diligently with local, state, and federal partners to maintain situational awareness and respond
to COVID-19; and
WHEREAS, additional local cases will trigger a more aggressive public health response and are
predicted to impact residents of Eden Prairie and those who work in or travel through the City, including
City employees; and the need for social distancing, school closings, and quarantine methods to stop the
spread of COVID-19 is expected to cause significant challenges; and
WHEREAS, the City Manager and Emergency Management Director find that this situation threatens
the health, safety, and welfare of the citizens of the community and will cause a significant impact on
the ability of public safety personnel to address any immediate dangers to the public as a result of
COVID-19; and
WHEREAS, the City Manager and Emergency Management Director find that traditional sources of
financial aid, assistance and relief will not be able to compensate for the potential impact of COVID-19,
and have determined that the necessary resources to respond to and recover from this pandemic will
exceed those resources available within the City of Eden Prairie, and additional resources will be needed
from Hennepin County and state and federal sources.
NOW, THEREFORE, MAYOR RONALD A. CASE OF THE CITY OF EDEN PRAIRIE
PROCLAIMS, DECLARES, REQUESTS, AND DIRECTS AS FOLLOWS:
1. Under the authority given by Minnesota Statutes Section 12.29, declares that a local
emergency exists within the City of Eden Prairie, effective March 16, 2020, with all the
powers and responsibilities attending thereto as provided by Minnesota Statutes Section
12.37, other applicable provisions of Minnesota law, and Eden Prairie City Code§ 2.87.
2. Directs City Staff to review ordinance and regulatory requirements, operations, civil and
legal proceedings, events, and resources to determine whether the foregoing should be
adjusted or suspended, and to make recommendations regarding additional emergency
regulations to support the employees and residents of the City of Eden Prairie.
3. Directs all City departments and offices to operate and support the response to this incident,
under the direction and coordination of the Emergency Management Director and Emergency
Management Team, including implementing new employee protocols, strategies, and
processes to ensure that public services are maintained.
4. Directs the City's Emergency Management Director and other appropriate City staff to
request and coordinate appropriate aid and resources from surrounding jurisdictions,
Hennepin County, the State of Minnesota, and the Federal government, as needed.
5. Declares, under Minnesota Statues, Section 13D.021, that in-person meetings of the City
Council, Planning Commission, and other advisory commissions of the City of Eden Prairie
are not practical or prudent due to the COVID-19 health pandemic and the peacetime
emergency declared by Governor Walz pursuant to Minnesota Statutes, Chapter 12, and
hereby directs that, effective March 18, 2020, meetings of the City Council, Planning
Commission, and other advisory commissions of the City shall be conducted by telephone or
other electronic means, and hereby directs City Staff to take such action as may be necessary
to enable such meetings to occur via telephone or other electronic means pursuant to
Minnesota Statutes, Section 13D.021, until such time as it is no longer impractical or
imprudent for the City Council, Planning Commission, and other advisory commission to
resume in-person meetings.
6. This emergency declaration shall continue for a period of three (3) days from its effective
date of March 16, 2020, unless further extended by or with the consent of the City Council
pursuant to Minnesota Statutes, Section 12.29, subd. 1.
7. Orders that this declaration be given prompt and general publicity and that it be filed
promptly by the City Clerk.
Dated this 16th day of March, 2020
ATTEST:
Ronald A. Case, Mayor