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HomeMy WebLinkAboutCity Council - 08/18/2020 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, AUGUST 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. 2020-2021 BUDGET Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT City of Eden Prairie August 18,2020 City Council Workshop 2020 General Fund Update CARES ACT 2021 Proposed Budget 2020 General Fund Operations 2020 2020 Revenue Adopted Projected Dollar Percent Taxes 35,959,740$ 35,959,740$ -$ 0.0% Licenses and Permits 3,854,780 3,819,780 (35,000) (0.9%) Intergovernmental Revenue 1,299,222 1,299,222 - 0.0% Charges for Services 6,331,556 2,722,601 (3,608,955) (57.0%) Fines and Penalties 417,000 230,000 (187,000) (44.8%) Other Revenue 383,690 383,690 - 0.0% Transfers 411,468 1,161,468 750,000 182.3% Total 48,657,456$ 45,576,501$ (3,080,955)$ (6.3%) 2020 2020 Expenses Adopted Projected Dollar Percent Administration 4,734,458$ 4,749,158$ 14,700$ 0.3% Community Development 2,450,407 2,450,407 - 0.0% Parks and Recreation 13,020,985 11,178,537 (1,842,448) (14.1%) Police 15,729,265 15,729,265 - 0.0% Fire 6,348,571 6,348,571 - 0.0% Public Works 6,353,770 6,353,770 - 0.0% Transfers 20,000 20,000 - 0.0% Total 48,657,456$ 46,829,708$ (1,827,748)$ (3.8%) Revenues Less Expenses -$ (1,253,207)$ (1,253,207)$ from 2020 Adopted Increase / (Decrease) from 2020 Adopted Increase / (Decrease) CARES ACT Funding •City received $4,780,791 •Funds can be spent on necessary expenses incurred due to the public health emergency with respect to COVID-19 •Delivery of Service between March 1, 2020 to November 15, 2020 –Funds must be paid by November 15 Federal Guidance •The CARES Act provides that payments from the Fund may only be used to cover costs that— –1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); –2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and –3. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020.2 •The Guidance says that funding can be used to meet payroll expenses for public safety,public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. How does a government determine whether payroll expenses for a given employee satisfy the “substantially dedicated” condition? •The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by the COVID-19 public health emergency. For this reason, and as a matter of administrative convenience in light of the emergency nature of this program, a State, territorial, local, or Tribal government may presume that payroll costs for public health and public safety employees are payments for services substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. City COVID Response •Unplanned workload due to COVID –Emergency Management/Fire •Provide overall direction and coordination for the emergency management response •Assembled and operated the EOC •Prepared briefings •Added medical call duties •PPE coordination –Public Safety/Police •Respond to emergency management calls •Rotation Schedule due to COVID (April and May) City COVID Response –Keeping Employees and the Public Safe and Informed •Closed Buildings •Work from Home •Communications: Website, Intranet, Signs, etc/ •IT: Support working from home •Facility Services: Cleaning, fogging, etc. –Supplies: masks, gloves, sanitations, glasses, gowns, etc. –Administrative •Polices, Procedures, etc. •Unemployment Insurance •Workers Compensation City COVID Response –Housing and Human Services •Meal delivery to seniors •Coordinating mask delivery to Somali community •Help property managers manage COVID-19 on their property •Help with unemployment applications –Business •Work with restaurants on outdoor seating 2020 General Fund Operations 2020 2020 Revenue Adopted Projected Dollar Percent Taxes 35,959,740$ 35,959,740$ -$ 0.0% Licenses and Permits 3,854,780 3,819,780 (35,000) (0.9%) Intergovernmental Revenue 1,299,222 1,299,222 - 0.0% Charges for Services 6,331,556 2,722,601 (3,608,955) (57.0%) Fines and Penalties 417,000 230,000 (187,000) (44.8%) Other Revenue 383,690 383,690 - 0.0% Transfers 411,468 1,161,468 750,000 182.3% Total 48,657,456$ 45,576,501$ (3,080,955)$ (6.3%) 2020 2020 Expenses Adopted Projected Dollar Percent Administration 4,734,458$ 4,749,158$ 14,700$ 0.3% Community Development 2,450,407 2,450,407 - 0.0% Parks and Recreation 13,020,985 11,178,537 (1,842,448) (14.1%) Police 15,729,265 15,729,265 - 0.0% Fire 6,348,571 6,348,571 - 0.0% Public Works 6,353,770 6,353,770 - 0.0% Transfers 20,000 20,000 - 0.0% Total 48,657,456$ 46,829,708$ (1,827,748)$ (3.8%) Revenues Less Expenses -$ (1,253,207)$ (1,253,207)$ from 2020 Adopted Increase / (Decrease) from 2020 Adopted Increase / (Decrease) 2020 General Fund Financial Results •Use potential positive performance to: –Stabilize Finances •2020 •2021 operations if needed –Support the Capital Improvement Program 2021 Proposed Budget Budget Process to Date •Fall 2018 –Complete 2019-2020 City-wide Work Plans •2019 –March 2: Annual City Council Goal Session –March 5: Quality of Life Survey Results Review –May 21: Council Workshop Review of 2018 Financial Results and Discussion of Financial Policies –May-June: Preparation of 2020-2021 Budget –July 16: Council Workshop 2020-2021 Budget –September 3 -Council adopts 2020 preliminary tax levy and budget –November 12 -Further Budget Discussion and Review including Enterprise and Utility Operations –December 3 -Public Meeting and adoption of final budget and tax levy •2020 –August 18: Council Workshop 2021 Budget City-wide Survey Results 13 City -wide Goals •Community Well-being & Safety •High Quality Efficient Services •Preserved & Beautiful Environment •Sense of Community •Innovative & Sustainable Practices •Economic Vitality Goals for 2020 -2021 Budget •Provide Value to Citizens –Maintain High Quality City Services –Reasonable Tax Impacts •Maintain Strong Financial Position and Bond Rating –Balanced Budget –Maintain Fund Balance Policies –Conservative Estimates of Revenues and Expenditures –Review fees and charges annually-at a minimum adjust for inflation –Capital Planning •Sustain current levels of employee morale and engagement by implementing efficiencies and innovations that motivate employees to continually improve the organization and providing salary changes that are consistent with public and private sector trends. •Enhance Sense of Community & Community Identity •PeopleFest •Hometown Celebration: July 3-4 •Art Events and Public Art Initiatives •Entry Monument signs •Promoting historic properties •Provide ways to engage with City Government: –City-Government Academy –“Real Talk with Rick” Podcast –Engagement through technology: Online Engagement Platform, Social Media, City Website, Email/Text Subscriptions, EP See Click Fix Sustainability –City-wide Energy Action Plan –City Solar –LED lights –Organics –Yard Waste Drop-Off Site –Pollinators/”Keep the Prairie in Eden Prairie” –Fleet Electrification –Emerald Ash Borer Program Housing –Create Housing Task Force and Implement Policies –Estimate of Annual Investment in Housing: Source Amount Tax Increment Financing 1,400,000 CDBG 300,000 to 500,000 General Fund-Housing Inspection 125,000 HRA 200,000 AND MUCH MORE … •Transportation –Oversee Light Rail Transit construction in Eden Prairie and over $20,000,000 in road improvement projects –Bridge Inspections and MSA Counts •Community Development –Implement Aspire 2040 •Parks and Recreation –Trails Extensions and Trail Maintenance –Open New Staring Lake Building AND MUCH MORE … •Administration –Three Elections in 2020: Presidential Primary, Primary, and General Election •Fire –Maintain Duty Crew Model •Police –Add two additional police officers due to increased mental health calls, increased training requirements, and maintenance of minimum staffing levels. Add Officer to the Joint Terrorism Task Force. –Police Training General Fund Revenue Budget 2020 2021 Percent Revenue Adopted Proposed Difference Change Taxes 35,959,740$ 37,325,260$ 1,365,520$ 3.8% Licenses and Permits 3,854,780 3,855,780 1,000 0.0% Intergovernmental Revenue 1,299,222 1,299,222 - 0.0% Charges for Services 6,331,556 6,468,995 137,439 2.2% Other Revenue 1,212,158 1,153,217 (58,941) (4.9%) Total 48,657,456$ 50,102,474$ 1,445,018$ 3.0% $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Building Permits & Fees Budget vs Actual Actual Budget $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Cable TV Revenue $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Intergovernmental Revenue Police Pension Aid Fire Relief Assoc. Aid Other Intergovernmental Revenue General Fund Expenditure Budget 2020 2021 Percent Expenses Adopted Proposed Difference Change Administration 4,734,458$ 4,707,669$ (26,789)$ (0.6%) Community Development 2,450,407 2,538,978 88,571 3.6% Parks and Recreation 13,020,985 13,382,734 361,749 2.8% Police 15,729,265 16,385,600 656,335 4.2% Fire 6,348,571 6,579,014 230,443 3.6% Public Works 6,353,770 6,488,479 134,709 2.1% Transfers 20,000 20,000 - 0.0% Total 48,657,456$ 50,102,474$ 1,445,018$ 3.0% Revenues Less Expenses -$ -$ -$ 0.0% Budget by category Wages and Benefits, $31,134,848 Other Contracted Services, $1,088,390 Electricity, $1,124,607 Fleet Services, $2,541,310 Information Technology, $2,514,443 Facilities, $5,520,672 Other, $6,178,204 Budget changes 2021 Wages and Benefits, $1,009,537 Other Contracted Services, -$12,165 Electricity, $32,727 Fleet Services, $67,017 Information Technology, $100,963 Facilities, $168,051 Other, $78,888 Budget Highlights –Includes funding for 3.0% base wage increase for a total wage increase of 3.8%. A new police officer in 2021. –Health Insurance –2018 –0% –2019 –7% cap –2020 –8% cap –2021 –9% cap •Dental Insurance –2019 –0% increase –2020 –3% cap –2021 –3% cap Proposed Levy and Budget 2020 2021 Percent Fund Proposed Proposed Difference Change General Fund 36,668,102$ 38,061,490$ 1,393,388$ 3.8% Capital Improvement Fund 400,000 400,000 - 0.0% Debt Levy 2,553,000 2,553,000 - 0.0% Sub-total 39,621,102 41,014,490 1,393,388 3.5% Less Fiscal Disparity Distribution (2,046,407) (2,233,830) (187,423) 9.2% Total Levy 37,574,695$ 38,780,660$ 1,205,965$ 3.2% 2020 2021 Percent Fund Adopted Proposed Difference Change General Fund $48,657,456 $$50,102,474 $1,445,018 3.0% Debt 2,553,000 2,553,000 - 0.0% Capital Levy 400,000 400,000 - 0.0% Total City Budget $51,610,456 $$53,055,474 $1,445,018 2.8% Market value $0 $2,000,000,000 $4,000,000,000 $6,000,000,000 $8,000,000,000 $10,000,000,000 $12,000,000,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021Market ValueYear Proposed Property Tax Impacts 2017 2018 2019 2020 2021 Market Value $9.9 Billion $10.2 Billion $10.6 Billion $11.1 Billion $11.3 Billion Adjusted Net Tax Capacity $102,110,421 $106,602,759 $112,559,846 $116,680,538 City Tax Rate 32.48%32.34%31.52%31.48% Debt Levy 2020 2021 Percent Debt Levy Adopted Proposed Difference Change Debt Levy on Tax Capacity 2012B SouthWest Fire Station 310,000$ 280,000$ (30,000)$ (9.7%) 2014 Tax Abatement 1,397,000 1,397,000 - 0.0% Sub-total 1,707,000 1,677,000 (30,000) (1.8%) Debt Levy on Market Value 2011C Parks Referendum 165,000 - (165,000) (100.0%) 2012A Parks Referendum 681,000 876,000 195,000 28.6% Sub-total 846,000 876,000 30,000 3.5% Total 2,553,000$ 2,553,000$ -$ 0.0% City Tax Comparisons $500 $700 $900 $1,100 $1,300 $1,500 $1,700 $1,900 $2,100 City Tax 2020 City Levy Comparisons City Total City Levy % Change Brooklyn Park 0.00% Maple Grove 2.46% St. Louis Park 3.00% Eden Prairie 3.20% Minnetonka 3.50% Apple Valley 4.34% Woodbury 4.84% Eagan 5.40% Edina 5.80% Bloomington 6.50% Lakeville 6.50% Burnsville 7.00% Plymouth 7.07% Blaine 7.68% Average*4.81% Median*5.12% Budget Process Upcoming •September 1 or 15-Council adopts 2021 proposed tax levy and budget •December 1 -Public Meeting and adoption of final budget and tax levy AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, AUGUST 18, 2020 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan 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 II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. 2020 GREEN STEP CITIES STEP 5 AWARD B. MRPA AWARD OF EXCELLENCE C. ACCEPT $900 DONATION FROM PASTOR ROD AND JULAYNE ANDERSON FOR STORAGE BOX ART (RESOLUTION) D. ACCEPT DONATION OF SOCCER BALLS FROM SCHEELS FOR SUMMER YOUTH PROGRAMS (RESOLUTION) E. ACCEPT $500 DONATION FROM ENVY SKIN CLINIC FOR ARTS IN THE PARK (RESOLUTION) F. ACCEPT $1,520 DONATION FROM THE FAMILY AND FRIENDS OF BERMA SHIMANSKI FOR THE SENIOR CENTER (RESOLUTION) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JULY 14, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, JULY 14, 2020 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR CITY COUNCIL AGENDA August 18, 2020 Page 2 A. CLERK’S LICENSE LIST B. TARGET REMODEL by Kimley- Horn and Associates, Inc. Second Reading of an Ordinance for PUD District Amendment with waivers on 10.6 acres; Resolution for Site Plan Review on 10.6 acres; Development Agreement (Ordinance for PUD District Amendment; Resolution for Site Plan Review; Development Agreement) C. HIGHLAND OAKS DEVELOPMENT AGREEMENT AMENDMENT by Highland Oaks LLC. First Amendment of Development Agreement. D. AUTHORIZE ENTERING INTO LEASE AGREEMENT WITH METROPOLITAN AIRPORTS COMMISSION FOR COMMUNITY GARDENS ON PIONEER TRAIL E. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN CITY AND ONWARD EDEN PRAIRIE F. APPROVE CONTRACT WITH ANCOM FOR INSTALLATION OF AVIAT MICROWAVE SYSTEMS G. APPROVE AGREEMENT WITH BOLTON-MENK FOR DUCK LAKE ROAD RECONSTRUCTION PROJECT H. APPROVE AGREEMENT WITH WSB FOR CSAH 61 LANDSCAPING PROJECT I. APPROVE AGREEMENT WITH HTPO FOR CSAH 4 WATERMAIN PROJECT J. APPROVE ADVANCED AUTHORAZATION TO ORDER 2021 PLOW TRUCK REPLACEMENT K. APPOINT DEVYN STANTON TO HERITAGE PRESERVATION COMMISSION; JAKE DORSON TO FLYING CLOUD AIRPORT ADVISORY COMMISSION AND ISHAN NADKARNI TO PARKS, RECREATION AND NATURAL RESOURCES COMMISSION AS 2020- 2021 STUDENT COMMISSIONERS IX. PUBLIC HEARINGS / MEETINGS A. THE LOFTS AT ANDERSON RESERVE by MWF Properties LLC. Recommend the project maintain consistency with ASPIRE 2040 Guiding of Medium Density Residential with a density of 5-14 dwelling units per acre. In order to maintain consistency, plans must be redrawn using standards of RM-6.5 Zoning District. The redrawn would require a rezone and different waivers requests, further staff analysis will be required. CITY COUNCIL AGENDA August 18, 2020 Page 3 B. PRAIRIE HEIGHTS by Norton Homes LLC. Resolution for PUD Concept Review on 9.6 acres; First Reading of an Ordinance for PUD District Review with waivers and zoning change from Rural to R1-9.5 on 9.6 acres; Resolution for preliminary plat on 9.6 acres (Resolution for PUD Concept Review; Ordinance for PUD District Amendment with waivers and Zoning Change; Resolution for Preliminary Plat) C. FLYING CLOUD COMMONS (CASTLE RIDGE RETAIL) by Oppidan Investment Company. Resolution for PUD Concept Review on 7.27 acres; First Reading of an Ordinance for PUD District Amendment with waivers on 7.27 acres; Resolution for preliminary plat on 7.27 acres (Resolution for PUD Concept Review; Ordinance for PUD District Amendment with waivers; Resolution for Preliminary Plat) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. COUNCIL APPOINTMENT TO EDEN PRAIRIE COMMUNITY FOUNDATION BOARD XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: August 14, 2020 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, August 18, 2020 ___________________________________________________________________________________________ TUESDAY, AUGUST 18, 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. 2020 GREEN STEP CITIES STEP 5 AWARD Synopsis: In 2020 the City achieved Step 4 and 5 levels for the Green Step Cities program. The Steps are awarded based on the sustainability best practices completed by the City each year, as well as for reporting and improving on sustainability metrics from the previous year. Awards for reaching the highest step in 2020 are being presented to the City in recognition of all of the City’s work in the area of sustainability. Award is being presented by Diana McKeown of the Great Plains Institute. B. MRPA AWARD OF EXCELLENCE Synopsis: Aimee Peterson, representing the Minnesota Recreation and Parks Association will present the MRPA Award of Excellence for Parks and Recreation’s Print and Digital Marketing Redesign. MOTION: Move to accept the Minnesota Recreation and Parks Association Award of Excellence for Print and Digital Marketing ANNOTATED AGENDA August 18, 2020 Page 2 Redesign. C. ACCEPT $900 DONATION FROM PASTOR ROD AND JULAYNE ANDERSON FOR STORAGE BOX ART (RESOLUTION) Synopsis: Pastor Rod Anderson expressed interest in adding to the quality of the park system. During conversations with staff, it was determined adding art to a storage box at Riley Lake Park would be a beneficial project. Pastor Rod and staff worked with local artist Carl Nelson to create a mural of a vintage baseball game with a barn as the background. The art was then converted to a wrap and placed over the storage box. MOTION: Move to adopt the Resolution accepting the donation of $900 from Pastor Rod and Julayne Anderson for artwork to cover the utility box at Riley Lake Park. D. ACCEPT DONATION OF SOCCER BALLS FROM SCHEELS FOR SUMMER YOUTH PROGRAMS (RESOLUTION) Synopsis: As a partner in helping children and families be active outdoors during the pandemic this summer, Scheels donated thirty soccer balls to ensure that every child who participated in preschool soccer programs was provided their own soccer ball. This donation allowed Parks and Recreation to keep program fees as accessible as possible for families. MOTION: Move to adopt the Resolution accepting the donation of soccer balls from Scheels to be used in Parks and Recreation youth development programs. E. ACCEPT $500 DONATION FROM ENVY SKIN CLINIC FOR ARTS IN THE PARK (RESOLUTION) Synopsis: Arts in the Park is Eden Prairie’s annual art fair showcasing artwork of all types by local artists and vendors at the beautiful Purgatory Creek Park. To protect our community during the COVID-19 pandemic, this year’s event will feature a smaller number of artists spaced out with appropriate protocols in place to maintain distancing and mask wearing and will not host entertainment, food, or hands-on activities. MOTION: Move to adopt the Resolution accepting the donation of $500 from Envy Skin Clinic to go towards the Arts in the Parks. F. ACCEPT $1,520 DONATION FROM THE FAMILY AND FRIENDS OF BERMA SHIMANSKI FOR THE SENIOR CENTER (RESOLUTION ANNOTATED AGENDA August 18, 2020 Page 3 Synopsis: The donation of $1,520 from the family and friends of Berma Shimanski towards the programs and a memorial item at the Senior Center. Berma Shimanski was a long time participant of programs at the Senior Center, including Wednesday 500 group and Thursday Cribbage group. She volunteered for many years as the 500 card group leader. Her many years of service was greatly appreciated and will be sorely missed not only as a group participant, but also during the monthly special events. MOTION: Move to adopt the Resolution accepting the donation of $1,520 from the family and friends of Berma Shimanski towards the programs and a memorial item at the Senior Center. 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, JULY 14, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, JULY 14, 2020 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-K on the Consent Calendar. A. CLERK’S LICENSE LISTCLERK’S LICENSE LIST B. TARGET REMODEL by Kimley- Horn and Associates, Inc. Second Reading of an Ordinance for PUD District Amendment with waivers on 10.6 acres; Resolution for Site Plan Review on 10.6 acres; Development Agreement (Ordinance for PUD District Amendment; Resolution for Site Plan Review; Development Agreement) C. HIGHLAND OAKS DEVELOPMENT AGREEMENT AMENDMENT by Highland Oaks LLC. First Amendment of Development Agreement. D. AUTHORIZE ENTERING INTO LEASE AGREEMENT WITH METROPOLITAN AIRPORTS COMMISSION FOR COMMUNITY GARDENS ON PIONEER TRAIL ANNOTATED AGENDA August 18, 2020 Page 4 E. APPROVE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN CITY AND ONWARD EDEN PRAIRIE F. APPROVE CONTRACT WITH ANCOM FOR INSTALLATION OF AVIAT MICROWAVE SYSTEMS G. APPROVE AGREEMENT WITH BOLTON-MENK FOR DUCK LAKE ROAD RECONSTRUCTION PROJECT H. APPROVE AGREEMENT WITH WSB FOR CSAH 61 LANDSCAPING PROJECT I. APPROVE AGREEMENT WITH HTPO FOR CSAH 4 WATERMAIN PROJECT J. APPROVE ADVANCED AUTHORAZATION TO ORDER 2021 PLOW TRUCK REPLACEMENT K. APPOINT DEVYN STANTON TO HERITAGE PRESERVATION COMMISSION; JAKE DORSON TO FLYING CLOUD AIRPORT ADVISORY COMMISSION AND ISHAN NADKARNI TO PARKS, RECREATION AND NATURAL RESOURCES COMMISSION AS 2020-2021 STUDENT COMMISSIONERS IX. PUBLIC HEARINGS / MEETINGS A. THE LOFTS AT ANDERSON RESERVE by MWF Properties LLC. Recommend the project maintain consistency with ASPIRE 2040 Guiding of Medium Density Residential with a density of 5-14 dwelling units per acre. In order to maintain consistency, plans must be redrawn using standards of RM-6.5 Zoning District. The redrawn would require a rezone and different waivers requests, further staff analysis will be required. Synopsis: The applicant is requesting approval to construct a 52-unit apartment building at 9360 Hennepin Town Road. The property is 2.85 acres and located on the west side of Hennepin Town Road about ¼ mile south of Anderson Lakes Parkway. Existing single family uses border the property along the west side and portions of the south and north sides. The proposal includes a 3-story building with underground parking. The building is situated along the south property line between the two wetlands on the property. There is some surface parking on the north side of the building. There is one access point to the property from Hennepin Town Road. MOTION: Move to direct the applicant to revise the plans so that the project maintains consistency with the Aspire 2040 guiding of Medium Density Residential with a density of 5-14 dwelling units per ANNOTATED AGENDA August 18, 2020 Page 5 acre. In order to maintain consistency, the plans must be redrawn using the standards of the RM-6.5 zoning district. Because the redraw would require a rezone and different waivers requests, the plans should be submitted for further staff analysis. B. PRAIRIE HEIGHTS by Norton Homes LLC. Resolution for PUD Concept Review on 9.6 acres; First Reading of an Ordinance for PUD District Review with waivers and zoning change from Rural to R1-9.5 on 9.6 acres; Resolution for preliminary plat on 9.6 acres (Resolution for PUD Concept Review; Ordinance for PUD District Amendment with waivers and Zoning Change; Resolution for Preliminary Plat) Synopsis: The applicant is requesting approval to develop 12701 Pioneer Trail and vacant lot 27-166-22-14-0035 into 23 single-family lots for villa-style homes. The parcels are located about 1/3 mile east of the Pioneer Trail and Flying Cloud Drive intersection. The property contains two (2) parcels for a total of 9.6 acres with about 0.28 acres located north of Pioneer Trail. 12701 Pioneer Trail currently contains a single family home that will be demolished before construction begins. The properties are bordered by single-family development to the east, MAC airport property to the south and west, and residential and industrial uses to the north across Pioneer Trail. With a density of approximately 2.4 units per acre, the project is consistent with the Low-Density Residential guiding. The applicant is requesting to rezone the property from Rural to R1-9.5. MOTION: Move to:  Close the Public Hearing; and  Adopt a Resolution for a Planned Unit Development Concept Review on 9.6 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 9.6 acres  Adopt a Resolution for a Preliminary Plat to divide 2 lots into 23 lots on and four outlots on 9.6 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 Prairie Heights at the request of the Developer subject to the conditions outlined in the permit. C. FLYING CLOUD COMMONS (CASTLE RIDGE RETAIL) by Oppidan Investment Company. Resolution for PUD Concept Review on 7.27 acres; First Reading of an Ordinance for PUD District Amendment with waivers on 7.27 acres; Resolution for preliminary plat on 7.27 acres (Resolution for PUD ANNOTATED AGENDA August 18, 2020 Page 6 Concept Review; Ordinance for PUD District Amendment with waivers; Resolution for Preliminary Plat) Synopsis: Oppidan Investment Co. is requesting approval of a request to develop the property at the corner of Flying Cloud Drive and Prairie Center Drive. The proposed project is the third phase of the Castle Ridge Redevelopment project. This phase proposes the construction of approximately 34,000 square feet of commercial uses and reserves a 1.74 acre outlot for a future phase of additional commercial development. MOTION: Move to:  Close the Public Hearing; and  Adopt a Resolution for Planned Unit Development Concept Review on 7.27 acres; and  Approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers on 7.27 acres; and  Adopt a Resolution for a Preliminary Plat of one outlot into 3 lots and 2 outlots on 7.27 acres; and  Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. COUNCIL APPOINTMENT TO EDEN PRAIRIE COMMUNITY FOUNDATION BOARD Synopsis: Mayor Case resigned from the Eden Prairie Community Foundation Board. The City Council is now required to appoint another Council member to fill Mayor Case’s term. MOTION: Move to approve the appointment of ___________ to the Eden Prairie Community Foundation Board. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS ANNOTATED AGENDA August 18, 2020 Page 7 B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: August 18, 2020 DEPARTMENT/DIVISION: Public Works Jennifer Hassebroek ITEM DESCRIPTION: Presentation of the Green Step Cities Step 5 Award for 2020 ITEM NO.: IV.A. Synopsis In 2020 the City achieved Step 4 and 5 levels for the Green Step Cities program. The Steps are awarded based on the sustainability best practices completed by the City each year, as well as for reporting and improving on sustainability metrics from the previous year. Awards for reaching the highest step in 2020 are being presented to the City in recognition of all of the City’s work in the area of sustainability. Award is being presented by Diana McKeown of the Great Plains Institute. Background Minnesota Green Step Cities is a voluntary challenge, assistance, and recognition program to help cities achieve sustainability and quality of life goals. The City has participated in the program since 2011.This free program connects cities to resources and technical assistance to complete up to 29 best practices in the areas of buildings and lighting, transportation, land use, environmental management, and community and economic development. By continuing to implement these best practices, the City is moving towards meeting its Climate Action Plan and other sustainability goals. CITY COUNCIL AGENDA SECTION: Proclamations/Presentations DATE: August 18, 2020 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Minnesota Recreation and Parks Association Award of Excellence for Print and Digital Marketing Redesign ITEM NO.: IV.B. Requested Action Move to: Accept the Minnesota Recreation and Parks Association Award of Excellence for Print and Digital Marketing Redesign. Synopsis Aimee Peterson, representing the Minnesota Recreation and Parks Association will present the MRPA Award of Excellence for Parks and Recreation’s Print and Digital Marketing Redesign. Background In an effort to better understand the information and communication needs of the community, the Parks and Recreation department, in collaboration with the Communications department, embarked on a marketing audit and strategic marketing plan in 2019. With assistance from a professional consultant, community input was gathered through several methods, including an online survey, interviews and focus groups. Over 750 people provided valuable feedback on the types and frequency of parks and recreation communications, and some clear trends and themes were evident. As expected, most people desire and expect program and event information to be delivered to them through a computer or mobile device. When asked about their use of the seasonal printed program brochure, a majority of people (79%) said that they either a.) immediately recycle it; or b.) briefly glance at it but then go online for what they need. The one segment of the community that felt strongly about the value of a print document was older adults. Concurrent with the community feedback phase, the team conducted an audit of the current marketing strategies, providing a cost/benefit analysis to be considered along with the community feedback. What resulted was a set of recommendations, all of which are in some phase of implementation in 2020. Some examples include: 1.) Social media targeting: Given that social media surfaced as a key communication channel, this effort has become much more refined and focused, including promoted posts targeting specific audiences and an editorial calendar and management tool in order to best target the message and analyze results. 2.) Maximize the use of video: For website, email and particularly social media marketing, the value of telling stories and generating excitement via video was shown to be exponentially more effective and engaging. 3.) Alternatives to Traditional Print Documents: Knowing that almost all customers (over 95% over the course of the past year) now go online to search and register for programs, the department has moved to a more streamlined, magazine-style brochure with more images and visual interest. Program descriptions are limited to one or two sentences (with full, detailed descriptions appearing online) and large, impactful photos draw the reader’s interest. This redesigned publication represents a refresh – a bright, colorful, more contemporary image for the department designed as a companion piece instead of the primary source of program information (which now exists online). In the first redesigned issue, the page count went from 96 to 48, and even with higher quality paper and full-color photos throughout, the city saved nearly $2,000 on that on issue alone. 4.) Outreach to seniors: Because the quarterly senior newsletter was identified as the primary (and desired) source for information, working to expand the reach of this publication by promoting the importance of “getting on the list.” Also expanding social media, particularly Facebook, promoted posts for senior events and programs. As a fast-growing segment of the population, helping seniors get the information they need will continue to be a high priority. CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: August 18, 2020 DEPARTMENT / DIVISION: Jay Lotthammer Director, Parks and Recreation ITEM DESCRIPTION: Donation from Pastor Rod and Julayne Anderson for art wrap utility box at Riley Lake Park ITEM NO.: IV.C. Requested Action Move to: Adopt Resolution accepting the donation of $900 from Pastor Rod and Julayne Anderson for artwork to cover the utility box at Riley Lake Park. Synopsis Pastor Rod Anderson expressed interest in adding to the quality of the park system. During conversations with staff, it was determined adding art to a storage box at Riley Lake Park would be a beneficial project. Pastor Rod and staff worked with local artist Carl Nelson to create a mural of a vintage baseball game with a barn as the background. The art was then converted to a wrap and placed over the storage box. Background For several years, staff has used funds from grants and individuals to increase public art throughout the community. One of the focus areas has been to cover storage boxes that are often rusted due to being out in the elements. 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 $900 to be used for artwork to cover the utility box at Riley Lake Park from Pastor Rod and Julayne Anderson is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of August, 2020. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: August 18, 2020 DEPARTMENT / DIVISION: Jay Lotthammer Director, Parks and Recreation ITEM DESCRIPTION: Donation from Scheels of Soccer Balls ITEM NO.: IV.D. Requested Action Move to: Adopt Resolution accepting the donation of soccer balls from Scheels to be used in Parks and Recreation youth development programs. Synopsis As a partner in helping children and families be active outdoors during the pandemic this summer, Scheels donated thirty soccer balls to ensure that every child who participated in preschool soccer programs was provided their own soccer ball. This donation allowed Parks and Recreation to keep program fees as accessible as possible for families. Background The City of Eden Prairie’s Youth Development programs offer a wide range of recreation, skill- building and leadership opportunities for youth of all ages and abilities. 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 of soccer balls to be used for Parks and Recreation youth development programs from Scheels is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of August, 2020. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: August 18, 2020 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation for Arts in the Park ITEM NO.: IV.E. Requested Action Move to: Adopt the Resolution accepting the donation of $500 from Envy Skin Clinic to go towards the Arts in the Parks. Synopsis Arts in the Park is Eden Prairie’s annual art fair showcasing artwork of all types by local artists and vendors at the beautiful Purgatory Creek Park. To protect our community during the COVID-19 pandemic, this year’s event will feature a smaller number of artists spaced out with appropriate protocols in place to maintain distancing and mask wearing and will not host entertainment, food, or hands-on activities. 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 towards Arts in the Park from Envy Skin Clinic is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of August, 2020. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: August 18, 2020 DEPARTMENT / DIVISION: Jay Lotthammer Director, Parks and Recreation ITEM DESCRIPTION: Donation from The family and friends of Berma Shimanski the Senior Center ITEM NO.: IV.F. Requested Action Move to: Adopt Resolution accepting the donation of $1,520 from the family and friends of Berma Shimanski towards the programs and a memorial item at the Senior Center. Synopsis The donation of $1,520 from the family and friends of Berma Shimanski towards the programs and a memorial item at the Senior Center. Berma Shimanski was a long time participant of programs at the Senior Center, including Wednesday 500 group and Thursday Cribbage group. She volunteered for many years as the 500 card group leader. Her many years of service was greatly appreciated and will be sorely missed not only as a group participant, but also during the monthly special events. Background The Eden Prairie Senior Center hosts classes, trips and events for adults of all ages. Approximately 1,500 people attend Senior Center special events each year. 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 $1,520 to be used for Senior Center programs and a memorial item from the family and friends of Berma Shimanski is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of August, 2020. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JULY 14, 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. POLICE DEPARTMENT UPDATE Mayor Case introduced the topic and stated there will be scheduled open podium. Getschow stated at the City Council meeting there will be a presentation about the race equity initiative involving the Human Rights and Diversity Commission. The workshop presentation is an overview of Eden Prairie police policy and procedures. Chief Weber stated many of the officers and the department overall has been upset over what happened in Minneapolis as that is not the way Eden Prairie polices. There are police departments who are doing things well, and the work needs to be affirmed. Nationally there have been discussions on community involvement in policing. In regards to history, the department was founded in 1973 with a focus on customer service and a culture focused on community. Part of the hiring process with new officers is to have a conversation with retired police chiefs about what it was like to police in the 1970s. Narayanan inquired about population ratio to staffing. Weber stated there were about 5,000 people in Eden Prairie in 1970 and six police officers. The City employs about 1.1 staff per 1,000 people. Aho noted the City has a lower ratio compared to Minneapolis at 1.7 per 1,000. Narayanan inquired how the City defines minority in the hiring process. Weber stated from self-identification of ethnicity, gender, and skill set. 18 percent of the sworn officers are female, and 7.5 percent are classified as minorities. In the most recent hiring process, there were two Latino men, but they decided the job was not for them. The department continues to look for ways to diversify. Weber stated the department hires for character first, talent always. They would rather invest in training a person who has good character and a moral compass. In recent years, there has been a decrease in applicants. The most recent application process had more applicants, above 100 total. There are multiple rounds of interviews. Applicants are interviewed by a panel of current police officers, a panel of sergeants, a panel of lieutenants, and the captain City Council Workshop Minutes July 14, 2020 Page 2 and chief. Officers are backgrounded by retired officers. Finalists are required to meet with a licensed psychologist for tests and an interview. Staff asked the consulting psychologist if there is a test to detect when someone has biases or racial tendencies. They stated there is no specific test, but it is something they are looking for when interviewing finalists. There have been instances when the psychologist says a finalist is psychologically fit, but likely not a fit for Eden Prairie because of the City’s high value on customer service. Additionally, they receive a medical examination to determine if they meet job specific fitness requirements. The department is exploring the Pathways to Policing program that helps hire people and provide schooling for them to learn the skill set. Aho inquired if the program would consider an information technology (IT) background when hiring for specific skill sets such as someone who investigates cybercrime. Weber replied in conversations with students, there was a lack of interest in serving on a police department due to how lucrative the private sector is. In many instances, a candidate with experience in a different field would make a good officer. Freiberg inquired about the physical fitness class. Weber stated the test includes job specific physical tasks such as lifting a stretcher, getting in and out of a car, and lifting a first aid bag. The City uses a private vendor to conduct the test. Narayanan inquired if the background check includes a cyber-check. Weber stated the department uses outside companies who review social media and finances. Narayanan asked about hiring employees from other cities. Weber replied the city has hired from other cities. Weber stated field training can last three to four months for a new officer. Staff are trained in patient care as an Emergency Medical Technician (EMT), a 110 hour course. Officers are able to recognize when people are exhibiting some type of medical condition and provide patient care. De-escalation training is integrated into all use of force training. The post board mandates eight hours of crisis intervention techniques and the department invests in 40 hours of training per person. Taking the time to use these techniques in these scenarios has helped in many situations. Verbal Judo is a class based on a book. Officers are taught to help verbalize what they’re hearing and paraphrase. The department is due for another round of implicit bias training. Officers take cultural intelligence training and are encouraged to use this in building relationships out in the community. Domestic abuse response training helps officers identify some of the warning indicators and resources to use. The department has had speakers and trainings on people with Parkinson’s and people with dementia. Parents with kids with autism have given presentations to officers. There have also been trainings on Somali culture. The department also continues to meet peace officer standard training (POST) objectives through monthly trainings. Narayanan asked if the City has other specific culture training. Weber replied it would be challenging to have a training on each ethnicity. The department is fortunate to have a Somali officer who has provided insights to the department. Cultural intelligence provides a more broad training. Narayanan asked how often officers are retrained. Weber replied many of the trainings related to use of force and driving are mandated after a certain amount of years by the POST Board. In terms of cultural training, there is no specific guidance on these trainings. The department has used online training through True North Constitutional Policing. City Council Workshop Minutes July 14, 2020 Page 3 Narayanan asked if there is any data analysis on behaviors specifically being changed after provided training. Weber replied there continues to be an increase in mental health calls over the years. They utilize data from calls, but information about citizens is collected from the driver’s license. Driver’s licenses do not identify race or ethnicity. Weber stated in 2015 the 21st Century Policing recommendations were made. In 2016 the department looked at all the recommendations to determine how they could continue to improve. This documentation has been made available on the City website. The department did the same thing with the Minnesota Deadly Force Encounters Task Force document released in February 2020. The department is meeting, if not exceeding, all of the markers on this document. In regards to 8 Can’t Wait, the department does not train in the use of chokeholds. The use of force training does not include these tactics. Officers are required to have de-escalation training. Officers are also trained to verbalize warnings before using their taser, pepper spray, or gun. Officers are required to exhaust all alternatives before shooting. The department policies include the duty to intervene if they see an officer doing something illegal, immoral, or violating policy. The department bans shooting at moving motor vehicles with the exception of deadly force. They also require the use of force continuum and required comprehensive reporting. Any time an officer uses force, it’s documented in a report as well as the use of force addendum. Aho inquired how often, on average, a deadly encounter happens. Weber replied it does not happen often. The last deadly encounter occurred in 2017 when a homicide suspect shot at officers. Freiberg asked if there is often question about whether or not an officer can shoot to not kill but rather wound. Weber stated officers are trained to stop the threat. Case asked if the City could sign onto the 8 Can’t Wait policy. Weber replied yes, with the ability to make an exception if absolutely needed. Weber provided an overview of community relations and building. School liaisons officers work towards building relationships in the schools. The senior liaison visits the senior housing complexes and assists with issues of elderly fraud and financial exploitation. The Police Explorer Program and Safety Camp work with youth to cultivate future police officers. Officers annually visit resident’s neighborhoods on Night to Unite. The department conducts citizen academies. Somali liaisons connect with the Somali community and their places of worship to understand any concerns they may have. Some of the other opportunities to connect have been pop-up splash pads, Open House, Kickin’ It with the Cops, Coffee with the Cops, Halloween on the Mall, Shop with a Cop, and Cops and bobbers. Weber stated some administrative efforts of the department include positive reinforcement and recognition, affirming the current culture, providing a workout facility, mandating a mental health checkup, and watching for signs of compassion fatigue. Weber noted the department and the Human Rights and Diversity Commission have a process for reporting crimes of bias. Aho asked if the department is able to send specific officers out on calls based on their skill set, specifically on medical or mental health calls. Weber stated dispatch asks questions to City Council Workshop Minutes July 14, 2020 Page 4 get a better sense of what type of call it is and they help provide resources. Being exposed to these various scenarios is what makes officers better and more experienced. Case asked if there is a need to add experts who are available for mental health calls and follow up. Weber stated in many cases police are already following up on calls and asking for feedback on what could have gone better or been done differently. Case added there could be potential to add a staff person for this role with specialized training. Aho inquired if being asked to enforce a mask policy would undermine the relationship building the police department has been doing. Weber agreed that although officers are great mediators, they would likely not want to be the enforcement. Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. SCOUT TROOP 342 Johnny, of Troop 342, asked how they can help the schools during the pandemic. Case replied the school district and school board would best be able to assist with this question. Nathan, of Troop 342, asked how to protect water system from COVID-19. Case replied there has been no national concern about COVID-19 spreading via the water system. Alex, of Troop 342, asked how youth can help clean the community. Case replied City Staff will get back with ways to help. Clark, of Troop 342, asked how the City keeps beaches safe to avoid or prevent contamination and how youth can help. Case replied the City is very involved in keeping beaches safe, and Council Member Nelson can provide more information when they meet. B. JOHN GOERGEN – CAMPAIGN FINANCE REFORM John Goergen, 6805 Lorena Lane, stated the Supreme Court decision on campaign finance reform is influencing elections through the biggest contributors. Voters should know what donors are behind election campaigns. He asks the Council to pass a resolution supporting the 28th amendment. Case responded historically the Council has not often weighed in on national issues. In order to move forward, the next step would be for one or more Council members to decide to raise the issue to be placed on the Council agenda. III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JULY 14, 2020 7:00 PM, CITY CENTER 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, Parks and Recreation Director Jay Lotthammer, Police Chief Greg Weber, Fire Chief Scott Gerber, 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. POLICE AND FIRE DEPARTMENT AWARD Police Chief Weber and Fire Chief Gerber presented commendations to Robert Otto and Spirit Otto for their heroic actions. Chief Weber recounted the selfless and brave actions of the Otto’s that resulted in the rescue of four individuals whose canoe had overturned on Birch Island Lake. B. TOUR DE TONKA by Tim Litfin Tim Litfin, representing Minnetonka’s Tour De Tonka event, explained this year’s event will be a virtual one, but they are already planning next year’s event for August 7, 2021. He noted 1500 participants in this year’s event will receive Tour De Tonka face masks, with the rest of the money going to the food shelves. He added they hope to sponsor a small bike ride in late September this year. Information about the September bike ride will be on their website. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item VIII.A. should be added to the Consent Calendar. Case added Item XIV.A.2. CITY COUNCIL MINUTES July 14, 2020 Page 2 MOTION: Aho moved, seconded by Nelson, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 16, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 16, 2020 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the City Council Workshop held Tuesday, June 16, 2020, and the City Council meeting held Tuesday, June 16, 2020, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. APPROVE SECOND READING OF ORDINANCE NO. 10-2020 REGARDING EDEN ROAD STREET NAME CHANGE C. APPROVE REPLACEMENT AND UPDATE OF ALL REGISTERS AT LIQUOR STORES 1, 2, AND 3 D. APPROVE QUOTE AND AUTHORIZE LOGIS TO REPLACE SWITCHES AND FIREWALL FOR NETWORK UPGRADES E. ADOPT RESOLUTION NO. 2020-71 APPROVING TRANSIT ORIENTED DEVELOPMENT (TOD) GRANT AGREEMENT WITH HENNEPIN COUNTY F. APPROVE LEASE FOR LAKE RILEY HOUSE G. APPROVE SUBMITTAL OF ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM H. APPROVE AGREEMENT WITH AET FOR GEOTECHNICAL WORK FOR DUCK LAKE ROAD RECONSTRUCTION PROJECT I. AWARD CONTRACT TO JOHNSON CONTROLS INC. TO REPLACE CITY CENTER EAST FLUID COOLER MOTION: Nelson moved, seconded by Freiberg, to approve Items A-I, on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS CITY COUNCIL MINUTES July 14, 2020 Page 3 A. EDEN PRAIRIE HIGH SCHOOL SIGN PUD AMENDMENT by Spectrum Sign Systems, Inc. Resolution No. 2020-72 for PUD concept review on 66.6 acres; First reading of Ordinance No. 11-2020-PUD-6-2020 for PUD district amendment with waivers on 66.6 acres (Resolution No. 2020-72 for PUD concept review; Ordinance No. 11-2020-PUD-6-2020 for PUD district amendment with waivers) Getschow reported the applicant is requesting a PUD concept review and PUD district amendment with waivers to install additional signage at 17185 Valley View Road. The site is approximately 66.6 acres. The applicant is proposing to install an approximately 103 square foot sign on the south elevation of the building. The location and size of the sign is intended to provide way-finding and serve as a location marker from the intersection at Valley View Road. Notice was provided to 148 property owners. The Planning Commission voted 8-0 to recommend approval of the project. Eric Taucheck, representing Spectrum Sign Systems, reviewed the proposal to add a sign to alleviate some vehicle confusion at the entrance to the parking lots for the Performing Arts Center at the High School. The PUD amendment would allow the installation of a 103 square foot sign on the south elevation of the building and would replace the current banner sign at that location. The amendment would also increase the number of wall signs allowed from six to seven. Case explained he supported the request and asked if back lighting of the sign would be a concern for homes across the street. Getschow noted there is quite a bit of distance from the nearby houses to the sign location and the sign should not have an impact on the neighbors. City Planner Klima related at the Planning Commission hearing there was a conversation about that, and they concluded the sign is quite a distance from the closest residence. Case asked if we could reconsider the approval if there were complaints from residents. Klima responded we could have a conversation with the School District if that would be the case. Freiberg noted 148 notices were sent out about the public hearing and asked if there was any pushback. Klima replied there was only one person who spoke at the Planning Commission hearing. Case believed way-finding is important. We want people to know this is our High School, and we are proud of it. There were no comments from the audience. MOTION: Aho moved, seconded by Narayanan, to close the public hearing; to adopt Resolution 2020-72 for the Planned Unit Development concept review on 66.6 acres; and to approve the first and second reading of Ordinance 11-2020-PUD-6-2020 for the Planned Unit Development district review with waivers on 66.6 acres. Motion carried 5-0. X. PAYMENT OF CLAIMS CITY COUNCIL MINUTES July 14, 2020 Page 4 MOTION: Narayanan moved, seconded by Nelson, 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 1. Mayor’s Water Challenge (Resolution No. 2020-73) Getschow said Eden Prairie has been involved in the Mayor’s Water Challenge for several years. Previously held in the month of April, the challenge has been moved to the month of August this year. Residents should go to the Wyland Mayor’s Water Challenge website to sign up and take the water challenge. The number of people signing up in each of certain size cities is tallied, and Eden Prairie has done very well with the challenge every year. Each year’s challenge is a little different. Case encouraged residents to register to take the water conservation challenge and asked how people would find information about the challenge. Getschow said there will be information on social media, on the website, and in the newspaper. Narayanan asked if the information includes how to conserve water. Getschow explained the website does explain how to conserve water by many different means. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2020-73 supporting the Wyland Mayor’s Challenge for Water Conservation. Motion carried 5-0. B. REPORT OF CITY MANAGER 1. Race Equity Initiative Case explained the Council tasked staff to come back with ideas to work into a plan of action to address systemic and institutional racism within our City. Getschow reported the immediate follow up was a discussion with the Human Rights and Diversity Commission (HRDC) staff liaison and the Commission CITY COUNCIL MINUTES July 14, 2020 Page 5 Chair, Greg Leeper, who put together a plan of action and brought the plan to the HRDC last Thursday for the Commission members input. They are bringing it tonight for Council input. The HRDC will lead the effort to put together a report in the next six to nine months with the assistance of the City Council, City staff, possibly a consultant, and the community. The initial brainstorming led to identifying six main areas of inquiry: 1. City Emergency Response--Review of policies and practices of our emergency response services; 2. City Program Accessibility and Culture—Review the experience of residents who use the City facilities and amenities; 3. City Recruiting, Hiring and Retention—Review the City’s process and procedures for recruiting, hiring and retaining employees with a focus on diversity and inclusion; 4. Connection to the Community—Examine the relationship between the City and its residents; 5. Communication Experience—Learn about the experiences of Eden Prairie residents from their perspective; 6. Developing Future Leaders—Identify strategies the City can implement to empower youth to prepare them as the next generation of leadership. Getschow further reported there will probably be workshops scheduled with the City Council and the HRDC to discuss various area of inquiry before bringing back the report to obtain further direction from the Council. Case observed he raised the idea at the last meeting because he believed it is not enough to start a discussion. He wanted to go beyond discussion, and this plan sounds like it could go further and provide something actionable the community can follow. He felt very confident with HRDC Chair Greg Leeper leading the development of the plan. Nelson was very excited about the plan because it covers a lot and should get a lot of community interaction. She declared herself open to questions from the group at any time. It is time to do what we can and then to celebrate what we do. Narayanan thanked Mr. Getschow and Mr. Leeper for the plan. He believed it touches every aspect of the issues involved. He asked if we will use the website and social media to share this so people know we are taking action. Getschow replied the public component will be an important part of the plan. Case commented a lot of the initial conversation in municipalities after the murder of Mr. Floyd was to look at Police Departments as a result of what many people saw in the Minneapolis Police Department. The Council had a presentation from Chief Weber at the workshop tonight. We have a phenomenal Police Department and have trained all our police officers in first aid and safety. We will look at everything including the Police Department, but he wanted the CITY COUNCIL MINUTES July 14, 2020 Page 6 people of Eden Prairie to know we have an exceptional Police Department that is well-trained and well-funded. We are not at all interested in defunding the Police Department, rather we may add some services to help our officers to become even better trained or to provide better service. Nelson added it is important for people to know Eden Prairie police officers have received de-escalation training for years, unlike many municipalities that are just beginning that type of training. XIV.A.2 Discussion Regarding Mandating Masks (Taken out of sequence after Item XIV.B.1) Case reported City Council members have been getting a lot of emails, phone calls and contacts regarding the subject of mandating masks. In addition, three more cities mandated masks today—Duluth, Excelsior and Minnetonka. Because we have been getting a lot of requests to mandate masks, we will try to make a decision that is best for all of our residents. He did not plan to take action tonight but wanted to ask the other Council Members to give their thoughts on this subject. Nelson thought there are advantages for the City to ask people to wear masks, especially inside or outside in large groups. Many people have preexisting conditions that make it dangerous to be around those who do not wear masks. She believed many people have connections to those they would like to keep protected without needing to have a sign posted at individual facilities. It gives businesses the right to say, “In this City we ask you to wear a mask.” Narayanan explained most of the Council Members have received messages regarding masks. Science has proven that mask use helps reduce the spread of the virus, especially in the case of those who are asymptomatic. In Minnesota the number of people testing positive for the virus has increased. One group of messages he has received would like to have a mask mandate, while the other group would simply choose to wear a mask without a mandate being issued. It is important that people know the reason to wear a mask is for the benefit of others, not just themselves. We do many things to help others in our community so he believed we should sacrifice a bit of comfort for the safety of others and the greater good of the community. Freiberg believed there is a problem with mandating this on a City-wide basis because it should come from the State government and should not be enacted on a city-by-city basis. When the mandate is on a city-by-city basis, there is a burden put on the retailer to enforce the use of masks, which makes it very difficult for them. Aho thought there is evidence that mask wearing does help, but also evidence that shows it is not the “be all and end all.” Businesses and other organizations CITY COUNCIL MINUTES July 14, 2020 Page 7 can implement a mask policy, and they have the right to do that if they choose. If people feel they are at risk and need to wear a mask, they have the opportunity to do that. We need to do everything in our power personally to prevent the spread of the virus. He thought it is heavy handed to mandate masks at the city level. If the state says masks are mandatory, that is different and we will all comply; however, he was opposed to doing so at the city level. Case did not have a personal problem with the concept of mandating masks. He thought there are reasons behind both sides of the issue. If every city around us were to mandate masks in the next week or so, he would lean towards doing that as well. His personal feelings have to do with the practicality and pragmatism of mandating masks. If the numbers in Minnesota today are not warranting a mandate and we believe there might be a wave two coming in the fall, then cities mandating it now will have to keep the mandates in place for a long time. We have seen the effects of virus fatigue and loosening things too early. He set out three different data trend lines to be considered in the decision making process:  The percentage of positive tests to the total cases, week over week.  A trailing indicator that shows the number of hospitalizations occurring, which has been down slightly in Minnesota; and  Another trailing indicator which is the death rate, and that is falling in Minnesota. Case then observed that Governor Walz may soon make a decision for the State. If he were the Governor, he would set some bar based on metrics to determine when a mandate would kick in. There might also be some metric we could use for the City. While the Council could enact an ordinance tonight, he suggested we sit back and see what the Governor is going to do. In the meantime, we could ask Chief Gerber to go back and get data to use to develop metrics around this. We may not need to do that because we have a very slow rate of growth of the virus in Eden Prairie and we are not a hot spot now. If we see a trend upwards in the data, he could call an emergency meeting for the next day and, under emergency powers, could put the ordinance into effect. We should find more data on our numbers and have Chief Gerber determine what the trends are and research some benchmark figures from around the country to determine a certain level that would trigger action. We would watch what the numbers are doing very closely. To sum up, he was suggesting we put a hold on the mandate for a week or so. Case further believed the Governor is being pressured to do something. We want the people of Eden Prairie to know we are very much on top of this issue. The people of Eden Prairie are in one of the safer areas of the country right now. The trends are not indicating the need for action to shut down again. Nelson was willing to wait to see what happens at the State level; however, she would like to ask everyone in Eden Prairie who cares about their neighbors and CITY COUNCIL MINUTES July 14, 2020 Page 8 others to wear masks. It is not about you, but rather about protecting others from you. Case concluded by noting the preponderance of expert advice says that masks work. While we do not have a lot of data about the effectiveness of masks with the COVID-19 virus, there is a lot of data available from past experience for other communicable diseases showing the positive effects of using masks, and that is why the medical community is in favor of masks. C. REPORT OF COMMUNITY D. DEVELOPMENT DIRECTOR E. REPORT OF PARKS AND RECREATION DIRECTOR F. REPORT OF PUBLIC WORKS DIRECTOR G. REPORT OF POLICE CHIEF H. REPORT OF FIRE CHIEF I. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Narayanan, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:14 p.m. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 18, 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 Temporary Liquor Organization: The Preserve Association Event: Beer Tasting Date: August 27, 2020 Place: Preserve Community Center 11221 Anderson Lakes Pkwy Amendment to Liquor License 2AM Closing Permit - Renewal Licensee Name: American Multi-Cinema, Inc DBA: AMC Theatres Eden Prairie 18 8251 Flying Cloud Drive, #4000 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: August 18, 2020 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/ Sarah Strain ITEM DESCRIPTION: Target Remodel ITEM NO.: VIII.B. Requested Action Move to: • Approve the 2nd Reading of the Ordinance for the Planned Unit Development District Review with waivers on 10.6 acres; • Adopt a Resolution for a Site Plan Review on 10.6 acres; and • Approve the Development Agreement for Target Remodel. Synopsis This is the final approval of the development agreement and plans for the Target Remodel. The property is located at 8225 Flying Cloud Drive, attached to Eden Prairie Center. Background On January 7, 2020, City Council approved the 1st reading of the Ordinance for the Planned Unit Development District Review with waivers and directed staff to prepare a Development Agreement. The proposed project is to update the exterior façades and perform site improvements. The façade updates include new wall signage on all three sides of the building. Waivers for exterior building materials and signage were requested as part of the PUD. Additionally, the existing parking lot islands will be planted with shrubs and perennials, and a new sidewalk connection will be built to connect the storefront to the sidewalk on Flying Cloud Drive. The 120-Day review period expires August 23, 2020. Attachments 1. Ordinance – PUD District Review with waivers 2. Ordinance Summary 3. Resolution – Site Plan 4. Development Agreement TARGET REMODEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 12-2020-PUD-7-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the designation of the land be amended within the C-REG-SER Zoning District as 12-2020-PUD-7-2020 (hereinafter "PUD-7-2020”). Section 3. The City Council hereby makes the following findings: A. PUD-7-2020 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-7-2020 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-7-2020 are justified by the design of the development described therein. D. PUD-7-2020 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 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the C-REG-SER Zoning District as Planned Unit Development PUD- 7-2020 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 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of May 2, 2000 entered into between Target, a Minnesota corporation, and the City of Eden Prairie (hereinafter “Development Agreement”) and the First Amendment to Development Agreement dated August 18, 2020, entered into between Target and the City of Eden Prairie. The Development Agreement contains the terms and conditions of PUD-7-2020, and are hereby made a part hereof. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th 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 18th day of August, 2020. ATTEST: __________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Current News on August 27, 2020. EXHIBIT A PUD Legal Description Legal Description Eden Prairie Center 9th Addition. Lot: 002 Block: 001 TARGET REMODEL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 12-2020-PUD-7-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning designation of land located within the C-REG-SER Zoning District into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Current News on August 27, 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 TARGET REMODEL BY KIMLEY- HORN AND ASSOCIATES, INC. WHEREAS, Kimley- Horn and Associates, Inc., has applied for Site Plan approval of Target Remodel to conduct façade and site improvements; WHEREAS, zoning approval for the Target Remodel was granted by an Ordinance approved by the City Council on August 18, 2020; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its November 18, 2020 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its January 7, 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 Kimley- Horn and Associates, Inc., subject to the Development Agreement between Target and the City of Eden Prairie, reviewed and approved by the City Council on August 18, 2020 ADOPTED by the City Council of the City of Eden Prairie this 18th day of August, 2020. ____________________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 18, 2020 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: Highland Oaks Development Agreement Amendment ITEM NO.: VIII.C. Requested Action Move to: Approve First Amendment to Development Agreement for Highland Oaks Synopsis The Highland Oaks Development Agreement was previously approved on October 15, 2019. The Developer requested an amendment to the Development Agreement to revise the tree removal and replacement plans. Following City Council review of the request in June, the Developer has provided plans consistent with City Council direction for revisions to the tree removals. The attached Development Agreement reflects the revised plans and associated amendments to the Development Agreement. The remaining conditions of the Original Development Agreement remain in effect and are unchanged. Attachment First Amendment to the Development Agreement 1 Highland Oaks First Amendment HIGHLAND OAKS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT RELATING TO LOTS 5 & 6, BLOCK 1, HIGHLAND OAKS THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT RELATING TO LOTS 5 & 6, BLOCK 1, HIGHLAND OAKS (“First Amendment”) is entered into as of _______, 2020, by Highland Oaks, 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 and City entered into that certain Development Agreement between the parties dated as of October 15, 2019, recorded October 25, 2019 with the Hennepin County Registrar of Titles as Document Number T05656896, pertaining to property described as Lots 1-17, Block 1 and Outlot A, Highland Oaks ("Original Development Agreement"); and WHEREAS, Developer has applied to the City for an amendment to the Original Development Agreement to amend the Tree Inventory, Tree Replacement Plan, and Grading Plan as they relate to Lots 5 and 6, as legally described on the attached Exhibit A to First Amendment (“Lots 5 and 6”). NOW, THEREFORE, the Developer and the City agree to the amendment of the Original Development Agreement as applied to Lots 5 and 6 as follows: 1. Paragraph 1 of the Original Development Agreement is amended to add the following sentences at the end of the paragraph: Developer shall further develop the Property in conformance with the materials revised and dated _________, 2020 reviewed and approved by the City Council on ______, 2020, (hereinafter the “Plans”) and identified on the attached Exhibit B to First Amendment, subject to changes and modifications as provided herein. To the extent the Plans identified on Exhibit B to First Amendment differ from the Exhibit 2 Highland Oaks First Amendment B Plans incorporated into the Original Development Agreement, the First Amendment Exhibit B Plans shall control. 2. The following new paragraph 21 is added to the Original Development Agreement: 21. TREE PROTECTION FENCING: Prior to commencing any grading activity on Lots 5 and 6, the tree protection fencing must be installed and inspected by City staff. 3. ORIGINAL DEVELOPMENT AGREEMENT: Except as modified or amended by this First Amendment, the Original Development Agreement remains in full force and effect. 3 Highland Oaks First Amendment 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 4 Highland Oaks First Amendment DEVELOPER: Highland Oaks, LLC By _______________________________ Steven H. Schwieters Its Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ______, 2020, by Steven H. Schwieters, the Chief Manager of Highland Oaks, LLC, a Minnesota limited liability corporation, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 5 Highland Oaks First Amendment EXHIBIT A TO FIRST AMENDMENT DEVELOPMENT AGREEMENT AMENDMENT– Highland Oaks Legal Description Lots 5 and 6, Block 1, Highland Oaks, Hennepin County, Minnesota 6 Highland Oaks First Amendment EXHIBIT B TO FIRST AMENDMENT DEVELOPMENT AGREEMENT AMENDMENT– Highland Oaks Tree Inventory dated May 11, 2020 by Sathre-Bergquist, Inc. Tree Replacement Plan dated July 8, 2020 by Sathre-Berquist, Inc. Grading Plan dated July 1, 2020 by Sathre-Bergquist, Inc. 7 Highland Oaks First Amendment CONSENT AND SUBORDINATION The undersigned, owner of (1) that certain Mortgage, Security Agreement, and Fixture Financing Statement dated September 18, 2019, recorded in the office of the Registrar of Titles in and for Hennepin County, Minnesota, on September 19, 2019 as Document No. T5645937, and (2) that certain Mortgage, Security Agreement, and Fixture Financing Statement dated September 18, 2019, recorded in the office of the Registrar of Titles in and for Hennepin County, Minnesota, on September 19, 2019 as Document No. T5645939, covering the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to and subordinates it interest in the Property to that certain First Amendment to Development Agreement Relating to Lots 5 & 6, Block 1, Highland Oaks, dated ______ __, 2020 by Highland Oaks LLC, to the City of Eden Prairie. Minnesota Bank and Trust 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 Minnesota Bank and Trust. and that he/she is duly authorized to execute the foregoing instrument. ______________________________ Notary Public 8 Highland Oaks First Amendment EXHIBIT A Consent and Subordination Legal Description Lots 5 and 6, Block 1, Highland Oaks, Hennepin County, Minnesota CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 18, 2020 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION: Community Garden Plot Lease Agreement with Metropolitan Airport Commission ITEM NO.: VIII.D. Requested Action Move to: Authorize the Mayor and City Manager to sign a one year Community Garden Plots Lease Agreement with the Metropolitan Airport Commission (MAC). Synopsis This lease agreement is for the use of the 3.17 acre land parcel of MAC Property adjacent to the Speedway gas station (on the corner of Pioneer Trail and Old Pioneer Trail) for Community Gardens. These garden plots have been rented annually by residents through the Parks and Recreation Department to grow vegetables and flowers. The previous garden plot lease agreement between the City and MAC expired on December 31, 2019. The MAC has prepared a new one year lease agreement at the rental rate of $863.41, which allows the City the right to utilize this property again for the 2020 gardening season. Background The city has leased this parcel of land from the MAC for our Community Garden Program for many years and is the largest community garden the City operates. Attachment Community Garden Plots Lease Agreement – Flying Cloud Airport CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 18, 2020 DEPARTMENT/DIVISION: Community Development Janet Jeremiah, Director / Jeanne Karschnia, Housing and Community Services ITEM DESCRIPTION: Approve Rehabilitation Deferred Grant Program Agreement for Onward Eden Prairie ITEM NO.: VIII.E. Requested Action Move to: Approve the Rehabilitation Deferred Grant Program Agreement between the City of Eden Prairie and Onward Eden Prairie. Synopsis Onward Eden Prairie is a supportive transitional housing program located in Eden Prairie. They serve low and moderate income Eden Prairie young adults aged 18-24 who are experiencing homelessness or housing insecurity. Onward Eden Prairie has requested a grant in the amount of $2,900 to make repairs to the exterior of the house located at 11140 Lanewood Circle. This grant will be part of the current Housing Rehabilitation Loan Program. The CDBG funds to be used are generated from 2020 program income. The expenditure will not take funds from any other program and will assist in the City’s obligation to expend program income in a timely manner. Summary of Improvements The city inspector has drawn up a scope of work of approved projects that includes siding and soffit repair. Attachment Rehabilitation Deferred Grant Program Agreement Onward Eden Prairie CITY OF EDEN PRAIRIE REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this ___ day of ___________________, 2020, by and between Onward Eden Prairie, a Minnesota non-profit corporation having a registered office address of 11140 Lanewood Circle, Eden Prairie, Minnesota 55344 (hereinafter referred to as “Recipient”), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the “City”). WHEREAS, Immanuel Lutheran Church of Eden Prairie (“Owner”) is the fee owner of property located at 11140 Lanewood Circle, Eden Prairie, Minnesota 55344, legally described on attached Exhibit A and hereinafter referred to as the “Real Property”; and WHEREAS, Recipient leases the Property from Owner; WHEREAS, is a non-profit corporation that provides assistance to young adults who are experiencing homelessness or housing instability by providing stable housing and support; and WHEREAS, the City intends through this Grant Agreement to provide Recipient with an amount not to exceed Two Thousand Nine Hundred and no/100 dollars ($2,900.00) as a grant (hereinafter referred to as “the Grant”) for rehabilitation work on the Real Property as described herein; and WHEREAS, Owner desires to consent to the Grant, pursuant to the terms of this Agreement. WHEREAS, Recipient and the City desire to set forth the terms under which the Grant shall be provided by City to Recipient. NOW, THEREFORE, in consideration of said Grant, the receipt and sufficiency of which is hereby acknowledged by Recipient, and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 2 1. Use of Grant Proceeds. The Grant proceeds shall be used solely to perform the rehabilitation work set forth on Exhibit B, attached hereto and incorporated herein, (the “Work”) on the Real Property. Said Work shall be to improve the conditions relating to health, safety, and energy efficiency of the Real Property, or provide essential accessibility improvements to the Real Property. All Work shall be subject to the City’s approval. 2. Payment of Grant Proceeds. Recipient shall submit to City applications for payment and such other documentation deemed satisfactory to City in its sole discretion evidencing completion of the Work. Upon City determination that the Work for which the application has been submitted is complete, City shall disburse to the contractor(s) who completed the Work Grant Proceeds in an amount to pay for the Work, but in no event shall the total amount paid under this Agreement exceed Two Thousand Nine Hundred and no/100 dollars ($2,900.00). No payment shall be made for Work completed after December 31, 2020. 3. Repayment of Grant Proceeds. Recipient agrees to the following repayment obligations: 3.1. If the Real Property, as identified on Exhibit A, is sold, transferred, or otherwise conveyed (whether by deed, contract for deed, or otherwise) to a party other than Recipient, and whether voluntary or involuntary, within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.2. If the Real Property, as identified on Exhibit A, ceases for any reason to be used by Recipient within three (3) years from the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.3. If Recipient ceases operations for any reason within three (3) years after the date of this Agreement, Recipient shall repay the principal sum of the Grant. 3.4. Recipient shall give written notice to the City thirty (30) days prior to the occurrence of any of the events listed in Paragraphs 3.1 through 3.3, and repayment shall be made by Recipient immediately upon the occurrence of any of said events. 3.5. Payments shall be delivered to the office of the City, or at such other place as the City may designate. 4. Recipient’s Covenants. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 4.1. The Real Property is owned by Owner and leased by Recipient as of the date of the Grant, and Owner and Recipient have no present intention to sell, assign, or transfer Owner’s or Recipient’s interest in the Real Property to another; and 4.2. The proceeds of the Grant will be used only for the Work described in Paragraph 1; and 4.3. Recipient has made no material misstatement of fact in connection with Recipient's 3 application for the Grant. 5. Grant of Lien. As security for Recipient’s covenant and obligation for repayment as herein provided, Owner hereby grants, and the City shall and hereby does have, a lien on the Real Property (the “Lien”), together with all hereditament and appurtenances thereto, in the full amount necessary to satisfy Recipient’s repayment obligation and the cost, including reasonable attorney fees of collecting the same. 6. Events of Default. Any one of the following shall constitute an event of default: 6.1. Recipient’s failure to cure a breach of any covenant, term or condition contained in this Agreement for a period of thirty (30) days after written notice, specifying the breach and requesting that it be cured, given to Recipient by the City, unless the City shall agree in writing to an extension of such time prior to its expiration. 6.2. If any representation or warranty made by Recipient herein shall prove at any time to be, in any material respect, incorrect or misleading as of the date made. 6.3. The adjudication of Recipient as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Recipient under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the appointment by such a court of a trustee or receiver or receivers of Recipient or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor’s suit. 6.4. The filing by Recipient of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Recipient; or the filing by Recipient of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Recipient of a petition to take advantage of any debtor’s act. 7. City’s Remedies. Whenever Recipient is in default under this Agreement, the City may exercise any one or more of the remedies below. 7.1. The City may declare the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, to be immediately due and payable. 7.2. The City may, in its sole discretion, foreclose on the Real Property by judicial proceedings or sell the Real Property at public auction and convey the same to the purchaser in fee simple in accordance with Minnesota statutes, and out of the moneys arising from such sale retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law, which costs, charges and fees Recipient herein agrees to pay. 4 7.3. The City may take whatever action at law or in equity may appear necessary or appropriate to collect the principal sum of the Grant, plus all other amounts that may be owed by Recipient to the City pursuant to this Agreement, or to enforce performance and observance of any obligation, agreement or covenant of Recipient under this Agreement. 7.4. No remedy herein conferred is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy set forth in this Agreement, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by applicable law. 8. Attorney’s Fees. In the event Recipient should default under any of the provisions of this Agreement and the City should employ attorneys or incur other expenses for the collection of the amounts due hereunder or the enforcement of performance of any obligation or agreement on the part of Recipient, Recipient will on demand pay to the City the reasonable fee of such attorneys and such other expenses so incurred. 9. Agreement to Run with the Land. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of Recipient shall be joint and several. 10. Severability. In the event any provision or clause of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Waiver. In the event any covenant, term or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 12. Automatic Termination. If, after three (3) years from the date of this Agreement, Recipient is not in default under any terms of this Agreement, Recipient’s repayment obligations set forth herein shall terminate. 13. Notice. In addition to any notice required under applicable law to be given in another manner, any notice provided for in this Agreement shall be effective when mailed by certified mail, return receipt requested, to the address below or such other address the receiving party may designate in writing. 5 To: The City of Eden Prairie ATTN: City Manager 8080 Mitchell Road Eden Prairie, Minnesota 55344 To: Onward Eden Prairie 11140 Lanewood Circle Eden Prairie, MN 55344 14. Data Practices Act. The Recipient shall at all times abide by the Minnesota Government Data Practices Act, Minn. Stat. Section 13.01, et seq., to the extent that the Act is applicable to data and documents in the hands of the Recipient. 15. Audits. The books, records, documents, and accounting procedures and practices of the Recipient or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 16. Governing Law. This Agreement is deemed made within the State of Minnesota and shall be governed by and interpreted in accordance with Minnesota law. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Minnesota State Courts, and exclusive venue for any such action shall be in Hennepin County, Minnesota. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior discussions between them with respect to the subject matter hereof. This Agreement may not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. [Signature and notary page follows] 6 CITY OF EDEN PRAIRIE By:___________________________________ Ronald A. Case, Mayor By: ___________________________________ Rick Getschow, 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 7 Onward Eden Prairie By:____________________________________ ____________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ____________, 2020, by ____________________, the _____________________ of Onward Eden Prairie, a Minnesota non-profit corporation, on behalf of said corporation. ______________________________________ Notary Public This instrument was drafted by: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Avenue South, Suite 1550 Minneapolis, MN 55401 (612) 338-0755 8 Exhibit A Description of the Real Property Lot 2, Block 3, Northmark Addition, Hennepin County, Minnesota 9 Exhibit B Repair Exterior Siding 10 OWNER’S CONSENT Immanuel Lutheran Church of Eden Prairie, a Minnesota non-profit corporation (“Owner”), hereby consents to and joins in that certain Rehabilitation Deferred Grant Program Agreement dated _________________, 2020 by and between the City of Eden Prairie and Onward Eden Prairie (“Grant Agreement”), for the purpose of subjecting Owner’s interest in and to the Property (as that term is defined in the Grant Agreement) to the Grant Agreement. Owner agrees that the Grant Agreement shall be binding upon and enforceable against the Property. IMMANUEL LUTHERAN CHURCH OF EDEN PRAIRIE A Minnesota non-profit corporation By: ________________________________ Its: _________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ____________, 2020, by ____________________, the _____________________ of Immanuel Lutheran Church of Eden Prairie, a Minnesota non-profit corporation, on behalf of said corporation. ______________________________________ Notary Public CITY COUNCIL AGENDA SECTION: Consent Calendar DATE August 18, 2020 DEPARTMENT / DIVISION Department Scott Gerber/Fire Department ITEM DESCRIPTION Approve Contract with ANCOM for replacement of Microwave Systems used with ARMER radio system communications. ITEM NO. VIII.F. Requested Action Move to: Approve contract with ANCOM for installation of Aviat microwave Systems in an amount not to exceed $111,937.59 and authorize Mayor and City Manager to execute the contract and all related documents. Synopsis This contract covers the replacement and installation of the Aviat microwave systems purchased from Ancom. Exhibit B is a second quote for the same system with Aviat Microwave Systems. This system is a critical component to the 800 MHz ARMER Radio system. Attachments Exhibit A - Quote and Contract for Installation of Aviat microwave Systems from Ancom Exhibit B - 2nd quote from Aviat Microwave Systems . Contract for Goods and Services This Contract (“Contract”) is made on the 18th day of August 2020, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Ancom Communications, a Minnesota company (hereinafter "Vendor") whose business address is 1800 East Cliff Road, Suite 17, Burnsville, MN 55337. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for replacement of two Microwave systems used in Public Safety Communications and associated parts hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by October 30th, 2020. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of One Hundred Eleven Thousand Nine Hundred Thirty Seven and 59/100 Dollars ($111,937.59) plus any applicable taxes as full and complete payment for the goods, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated Ancom to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance. Page 2 of 5 a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. Page 3 of 5 GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Page 4 of 5 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as Page 5 of 5 defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed on this 18th day of August, 2020 CITY OF EDEN PRAIRIE ___________________________________ Mayor ___________________________________ City Manager ANCOM COMMUNICATION By: ________________________________ Its: _______________________________ Statement of Work:6/29/2020 This Quote is for the equipment and labor required to update both microwave links, one from Eden Prairie tower to Golden Valley, the other from Eden Prairie Tower to Eden Prairie dispatch. Included are rectifiers at Eden Prairie tower and Golden Valley. AC power supplies at Dispatch. Dehydrator at Eden Prairie Tower. Golden Valley Aviat Parts: Qty:Desc:Price:Ext Price: 1 Aviat 6GHZ Microwave Fully 24,486.95 24,486.95 Redundant Dual Radio 1 Rectifier Power Supply with 3,208.00 3,208.00 Distribution Pannel Reusing existing batteries Subtotal: 27,694.95 Ancom Parts: Qty:Desc:Price:Ext Price: 1 Replacement wire and connectors 85.69 85.69 to Battery Bank 1 Replacement wire and connectors 34.50 34.50 to microwave 7 Misc. installation supplies 5.00 35.00 Subtotal:155.19 Eden Prairie Tower Aviat Parts: Qty:Desc:Price:Ext Price: Eden Prairie Fire Department Quote for Microwave and Rectifier Upgrade 1 of 8 6/30/2020 EXHIBIT A 1 Aviat 6GHZ Microwave Fully 33,539.00 33,539.00 Redundant Dual Radio and Aviat 5.8GHZ Microwave Single Radio with combined Nodal Unit 1 Rectifier Power Supply with 3,208.00 3,208.00 Distribution Pannel Reusing existing batteries Subtotal: 36,747.00 Ancom Parts: Qty:Desc:Price:Ext Price: 1 Comscope MT050C Dehydrator 2,215.50 2,215.50 4 Miscelaneous Network Jumpers 11.50 46.00 1 Replacement wire and connectors 86.70 86.70 to Battery Bank 1 Replacement wire and connectors 35.00 35.00 to microwave 7 Misc. installation supplies 5.00 35.00 Subtotal: 2,418.20 Eden Prairie Dispatch Aviat Parts: Qty:Desc:Price:Ext Price: 1 Aviat 5.8GHZ Microwave Single 12,236.50 12,236.50 Radio Subtotal: 12,236.50 Ancom Parts: Qty:Desc:Price:Ext Price: 2 AC to 48V dc power supplies 20A 246.25 492.50 2 of 8 6/30/2020 2 Power Cords for Power Supplies 9.50 19.00 1 Rack Shelf for power supplies 22.50 22.50 4 Miscelaneous Network Jumpers 11.50 46.00 1 Wire and connectors 35.00 35.00 to microwave 7 Misc. installation supplies 5.00 35.00 Subtotal:650.00 Spare Parts Aviat Parts: Qty:Desc:Price:Ext Price: 1 6GHZ Microwave Spares 7,771.20 7,771.20 1 DC Power Plant Spare Parts 1,316.70 1,316.70 Subtotal: 9,087.90 Ancom Parts: Qty:Desc:Price:Ext Price: 1 AC Power Supply Spare 245.85 245.85 Subtotal:245.85 Aviat Services: Qty:Desc:Price:Ext Price: 1 Project Management & Order Admin 1,185.00 1,185.00 1 Network Engineering 3,556.00 3,556.00 1 Configuration Engineering 2,070.00 2,070.00 1 Drafting & Documentation 1,523.00 1,523.00 1 Radio Programming and Testing 3,649.00 3,649.00 3 of 8 6/30/2020 Subtotal: 11,983.00 Aviat Care: Qty:Desc:Price:Ext Price: 1 5 Year Extended Warranty 4,224.00 4,224.00 Subtotal: 4,224.00 AncomLabor: Qty:Desc:Price:Ext Price: 16 Pre-stage Labor 135.00 2,160.00 16 Installation Labor 90.00 1,440.00 4 Config & Test Labor 135.00 540.00 1 Antenna and feedline testing 2,250.00 2,250.00 3 Trip 35.00 105.00 Subtotal: 6,495.00 Aviat Parts and Services:101,973.35 Ancom Parts:3,469.24 Ancom Labor:6,495.00 Grand Total: ATC QP# Customer is to provide all access that is needed to complete the project on a timely manner. No parts are provided other than misc. install hardware unless specified. Price does not include any applicable taxes or shipping charges. Prices quoted are valid for sixty (60) days from the date of this quote. Change orders will be processed for additional out-of-scope material and labor, or other deviations from this quotation. ANCOM reserves the right to correct mathematical or other errors in the quotation. 111,937.59$ 4 of 8 6/30/2020 Signed: Title: Date: By signing this estimate, you are accepting to the terms of the SOW above and are approving ANCOM to provide you with the services described in this SOW. Please scan this estimate and email it back to your ANCOM Representative or fax it to 952-808-0034. 5 of 8 6/30/2020 6 of 8 6/30/2020 7 of 8 6/30/2020 8 of 8 6/30/2020 8/13/2020 - 5:48 PM 154163-A3, Eden Prairie, Golden Valley - Eden Prairie Tower - Eden Prairie PD Quote - 1 of 8 Aviat Networks Confidential & Aviat U.S., Inc. 860 North McCarthy Boulevard Suite 200 Milpitas, CA 95035 City of Eden Prairie Fire Department Mark Vandenberghe (mvandenberghe@edenprairie.org) Emergency Communications Specialist 14800 Scenic Heights Rd, Eden Prairie, MN 55344 (952) 949-8368 Golden Valley <=> Eden Prairie Tower <=> Eden Prairie Police Department ITEM DESCRIPTION 1.000 RACKED EQUIPMENT 1.100 IRU600 v4 RF Shelf 1.101 IRU600 v4 RF Shelf, MHSB Terminal, Lower or Upper 6 GHz, Standard Power 1.102 IRU600v4 RF Shelf, NP Terminal, 5.8-U6 GHz, Standard Power 1.200 IRU600 v3/v4 Waveguide Kits 1.201 Waveguide Extension Kit, IRU600 v3/v4, 6 GHz, Top Shelf in Rack, NP or MHSB, Main Port 1.202 Waveguide to Coax Transducer, CMR137G to Type N Female 1.300 Intelligent Nodal Unit - Extended (INUe) 1.301 INUe Shelf e/w Node Controller Card & Fan Shelf 1.302 INUe Forward Mounting Kit 1.303 Node Protection Card 1.304 Modem, RAC70, QPSK to 4096 QAM 8/13/2020 - 5:48 PM 154163-A3, Eden Prairie, Golden Valley - Eden Prairie Tower - Eden Prairie PD Quote - 2 of 8 ITEM DESCRIPTION 1.305 Gigabit Ethernet Card (DAC GE3) 1.306 Protection / Bridging Cable, DAC GE3 to DAC GE3, SFP Direct Fit, 500 mm 1.307 16xDS1 Module (DAC 16x v3) 1.308 DS1 "Y" Cable, Up to 8 DS1's, 2xHDR-E50 to Stub, 24 AWG, 3 Meters 1.309 DS1 Cable, Up to 8 DS1's, HDR-E50 to Stub, 24 AWG, 3 Meters 1.310 Aux Card for Alarm I/O 1.311 Aux Card Alarm I/O Cable, HD15 to Stub, 10 Meters 1.312 INUe Blank Panel, Single Slot (First 4 Included at No Charge) 1.313 Node Software License: 50 MB Total Node Capacity 1.314 Node Software License: 150 MB Total Node Capacity 1.315 Node Software License: 200 MB Total Node Capacity 1.316 Node Software License: Adaptive Coding & Modulation (ACM) 1.317 Node Software License: IRU600 v3/v4 High Power Transmitter, 2x RFU 1.400 Financial 1.401 One Time Management Concession Note: This discount is based on the offered system price. Changes to the scope may require adjustment to the discount value. 2.000 SPARES 2.100 IRU600 v4 Spares 2.101 Transceiver, 6 GHz, Standard Power 2.102 Fan Tray Kit, IRU600 v4 (Two Fan Trays / Kit) 2.103 Transmitter Coax RF Switch 2.200 Intelligent Nodal Unit - Extended (INUe) Spares 2.201 Node Controller Card 2.202 INUe Shelf Fan Card 2.203 Node Protection Card 2.204 Modem, QPSK to 4096 QAM (RAC70) 2.205 Gigabit Ethernet Card (DAC GE3) 2.206 DS1 Module, 16xDS1 (DAC 16x v3) 2.207 Aux Card for Alarm I/O 8/13/2020 - 5:48 PM 154163-A3, Eden Prairie, Golden Valley - Eden Prairie Tower - Eden Prairie PD Quote - 3 of 8 ITEM DESCRIPTION 3.000 ANTENNA SYSTEMS 3.100 Dehydrator Systems 3.101 Automatic Dehydrator, 3-5 PSIG, w/ Low Pressure Alarm, 240 Minute Run Time Alarm, 10 Day System Purge, 0.2 SCM, 120 VAC, 60 Hz 3.102 Shelf Wall/Rack Mount 3.103 Gas Distribution Manifold, 2 Ports, w/ 25 ft. Tubing / Port 4.000 DC POWER SYSTEMS 4.100 Battery Chargers 4.101 Flatpack S Intrepid Chassis, 1 RU, 3 Rectifier Positions, Rear Wire, Low Voltage Battery Disconnect, 4.102 Rectifier, 1800 Watts, 100 - 250 VAC Input, -48 VDC Output (37.5 Amp @ 220 VAC Input; 20 Amp @ 110 VAC Input) 4.103 SmartPack S Controller, 1 RU, SNMP, 6 Programmable Digital or Analog Inputs, 6 Programmable Relay Outputs 4.104 AC Line Cord, Amp Shelf Connector, NEMA N515 Plug, 10 Ft., 14 AWG (One per Rectifier) 4.105 Circuit Breaker, 30 Amp Plug-in Bullet, Electro-Mechanical (Trimm Panel) 4.106 Circuit Breaker, 50 Amp Plug-in Bullet, Electro-Mechanical (Battery String) 4.107 Alarm Relay Cable, 50 ft. 4.108 Flatpack S Shelf Blank Panel 4.109 Bullet Breaker Puller Tool 4.200 Battery Plant 4.201 VRLA Battery System, -48 VDC, 45 Amp Hour, w/ 19 Inch Rack Mount Tray, 10 Year Life Span 5.000 SERVICES 5.100 Administration 5.101 Project Management & Order Administration 5.102 Project Engineering 5.200 Engineering 5.201 Network Engineering 5.202 Frequency Coordination, Prior Coordination Notices (PCN's), FCC Form Preparation 8/13/2020 - 5:48 PM 154163-A3, Eden Prairie, Golden Valley - Eden Prairie Tower - Eden Prairie PD Quote - 4 of 8 ITEM DESCRIPTION 5.300 Factory Services 5.301 Configuration Engineering 5.302 Drafting & Documentation 5.303 Radio Programming & Testing 5.400 Freight 5.401 Radio Equipment (Prepaid & Bill, Destination) 5.500 Field Services 5.501 Antenna and Waveguide Sweeps 5.502 Radio & Mux Installation, Testing & Commissioning 5.503 DC Power Installation, Testing & Commissioning 5.600 Financial 5.601 One Time Management Concession Note: This discount is based on the offered system price. Changes to the scope may require adjustment to the discount value. ALL WARRANTY PERIODS BEGIN AT FACTORY SHIPMENT. 6.100 Eclipse IRU600 v4 Radios 6.101 IRU600 WarrantyPlus, Concurrent w/ Standard Warranty - Year 1 6.102 IRU600 WarrantyPlus, Concurrent w/ Standard Warranty - Year 2 6.103 IRU600 WarrantyPlus, Concurrent w/ Standard Warranty - Year 3 6.104 IRU600 Extended Warranty - Year 4 6.105 IRU600 Extended Warranty - Year 5 Grand Total (Excluding Applicable Taxes and Freight) 8/13/2020 - 5:48 PM 154163-A3, Eden Prairie, Golden Valley - Eden Prairie Tower - Eden Prairie PD Quote - 5 of 8 & Proprietary Information Quote #:154163 Project Number :NA200113-52322 Project Date :7/8/2020 Issue #:A3 Territory Manager :John Kingsley Network Engineer :Luis Lopez Sales Engineer :Jon Masyga Terms :Net 30 Delivery :6 Weeks ARO Expiration :90 days Currency :USD Freight :Prepaid & Bill, Des UNIT SYSTEM PART NUMBER PRICE QTY PRICE EV206-AMT-AM0-410000 $11,692 2 $23,384 EV202-AMT-000-410000 $6,855 2 $13,710 179-530135-AA101 $130 2 $260 LOC-PE9876 $410 2 $820 EXX-000-204 $960 3 $2,880 179-530064-001 $7 3 $21 EXS-002 $213 3 $639 EXR-700-001 $598 6 $3,588 8/13/2020 - 5:48 PM 154163-A3, Eden Prairie, Golden Valley - Eden Prairie Tower - Eden Prairie PD Quote - 6 of 8 UNIT SYSTEM PART NUMBER PRICE QTY PRICE EXD-181-002 $675 5 $3,375 037-579461-500 $32 2 $64 EXD-161-002 $237 5 $1,185 037-579408-003 $82 2 $164 037-579418-003 $36 1 $36 EXA-001 $187 3 $561 037-579315-001 $34 3 $102 EXX-001 $3 4 $12 EZE-08001 $90 1 $90 EZE-08003 $900 1 $900 EZE-08004 $1,500 1 $1,500 EZF-02 $1,125 3 $3,375 EZF-62 $4,500 2 $9,000 EQ DISCOUNT -$16,928 1 -$16,928 Subtotal:$48,738 ERM-ATT-401 $4,500 1 $4,500 179-531050-001 $213 1 $213 131-142718-001 $137 1 $137 EXN-004 $462 1 $462 EXF-101 $67 1 $67 EXS-002 $213 1 $213 EXR-700-001 $598 1 $598 EXD-181-002 $675 1 $675 EXD-161-002 $237 1 $237 EXA-001 $187 1 $187 8/13/2020 - 5:48 PM 154163-A3, Eden Prairie, Golden Valley - Eden Prairie Tower - Eden Prairie PD Quote - 7 of 8 UNIT SYSTEM PART NUMBER PRICE QTY PRICE Subtotal:$7,289 RFS-APD20-D-35EH2R24S1 $2,629 1 $2,629 RFS-SHELF-APD-D $107 1 $107 RFS-920202 $241 1 $241 Subtotal:$2,977 ELT-FPSJ60I-ANL-VC $809 2 $1,618 ELT-241122.125.VC $558 5 $2,790 ELT-SPS-FPS100-A01-VV $636 3 $1,908 ELT-LA1014-L515P $70 4 $280 ELT-CBB030E $30 5 $150 ELT-CBB050E $30 3 $90 ELT-308E33743400 $161 2 $322 ELT-331E00116500 $28 2 $56 ELT-BBPULR-01 $19 2 $38 CDT-H48TEL12-45-19 $1,456 1 $1,456 Subtotal:$8,708 SVCS-IN-PM-PM $9,476 1 $9,476 SVCS-IN-SS-PE $8,807 1 $8,807 SVCS-PN-EN-SE $3,556 1 $3,556 SVCS-PN-EN-XE-LA $1,998 1 $1,998 8/13/2020 - 5:48 PM 154163-A3, Eden Prairie, Golden Valley - Eden Prairie Tower - Eden Prairie PD Quote - 8 of 8 UNIT SYSTEM PART NUMBER PRICE QTY PRICE SVCS-IN-SS-CEDFT $2,070 1 $2,070 SVCS-IN-SS-CEDFT $1,523 1 $1,523 SVCS-IN-SIPQ-RI $3,420 1 $3,420 FREIGHT $1,990 1 $1,990 SVCS-IN-IC-FI $7,722 1 $7,722 SVCS-IN-IC-FI $21,307 1 $21,307 SVCS-IN-IC-FI $1,430 1 $1,430 SV DISCOUNT -$6,330 1 -$6,330 Subtotal:$56,969 SNA-BWXXA1001238 $88 6 $528 SNA-BWXXA1001238 $88 6 $528 SNA-BWXXA1001238 $88 6 $528 SNA-BNWXA1001238 $220 6 $1,320 SNA-BNWXA1001238 $220 6 $1,320 Subtotal:$4,224 $128,905 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 18, 2020 DEPARTMENT/DIVISION: Mary Krause Public Works / Engineering ITEM DESCRIPTION: #17-5983 Approve Professional Services Agreement with Bolton & Menk for Final Bridge Design Services for the Duck Lake Road Reconstruction Improvement Project ITEM NO.: VIII.G. Requested Action Move to: Approve Professional Services Agreement with Bolton & Menk for Final Bridge Design Services for the Duck Lake Road Reconstruction Improvement Project in the amount of $313,082. Synopsis This Professional Services Agreement will provide final bridge design services for the Duck Lake Road Reconstruction Improvement Project. Preliminary and final design was substantially complete for the Duck Lake Road project utilizing a box culvert design within the Duck Lake area in 2019. The associated environmental impacts with the box culvert design was problematic from a permitting standpoint with the watershed district and DNR. After numerous meetings and additional environmental efforts, a consensus was reached with the watershed district to revise the plans to include a 235’ bridge over Duck Lake. The bridge option over Duck Lake will reconnect the two cells of Duck Lake and provide the following environmental benefits: • Enabling restoration of approximately 7,000 square feet of lake bed; • Minimize the amount of wetland fill required to improve public transportation and pedestrian safety; • Enabling improved establishment of shoreline vegetation by reducing the wetland bounce on the western bay of Duck Lake; • Removing habitat fragmentation within Duck Lake and allowing aquatic organisms to move freely between the two divided sections; enabling plant communities to become established in the newly connected corridor; and providing habitat for macroinvertebrates, fish, and amphibians; • Improving floodplain impacts by increasing storage volume of Duck Lake, and reducing the 100-year flood level on the western portion of Duck Lake by approximately 0.4 feet and on the eastern portion of Duck Lake by approximately 0.05 feet (about 0.5 inches). The bridge design will require significant redesign of the project within the lake area as well as additional geotechnical work and potential easement acquisition adjacent to Duck Lake. The Riley Purgatory Bluff Creek Watershed District (RPBCWD) and the City of Eden Prairie are committed to work jointly on the Duck Lake Road Reconstruction Project. RPBCWD is in the process of amending their overall Water Management Plan with the inclusion of the Duck Lake Road reconstruction project in order to partner with the City. Through this partnership the watershed district will provide a financial contribution of $1.175 million dollars to the road reconstruction and Duck Lake improvements. A cooperative agreement between the City and the watershed district will be forthcoming to the City Council later this fall regarding the details of the financial commitment. The goal for a project schedule is to bid the project in late spring/early summer of 2021 with the surcharging of Duck Lake Road in the lake area adjacent to the bridge location in the fall of 2021 with the construction of the majority of the proposed improvements including the bridge in 2022. Background Information Based on the design work, dialogue with the permitting agencies, and public feedback that has been provided, the Duck Lake Road Reconstruction Project is proposed to include the following significant components: • Reconstruction of the collector street which is in poor condition (This street segment was originally constructed in 1973). This section of street is currently narrow and does not have curb and gutter. • The addition of a storm water management system. • The addition of pedestrian facilities on both sides of Duck Lake Road. • A 235’ bridge spanning a portion of Duck Lake. The project is currently scheduled for construction start in 2021 with the bridge construction taking place in 2022. Financial Implications The Professional Services Agreement with Bolton & Menk has an estimated cost of $313,082. The total estimated project cost is approximately $4.7 million. Primary funding for the project will be from Municipal State Aid funds as well as $1.175 million dollars from RPBCWD that will be utilized for the road reconstruction project and related water quality and habitat benefits. Attachment Professional Services Agreement 2017 06 01 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the 18th day of August, 2020, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Bolton & Menk, Inc., (“Consultant”), a Minnesota corporation (hereinafter "Consultant") whose business address is 12224 Nicollet Avenue, Burnsville, MN 55337. 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 Improvements to Duck Lake Road, from approximately Mallard court to Duck Lake Trail 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 (Final Design Services) 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 August 18, 2020 through July 31, 2021, 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 $313,082 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. Page 2 of 10 2017 06 01 b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance 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 Page 3 of 10 2017 06 01 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. 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. Page 4 of 10 2017 06 01 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on 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 Page 5 of 10 2017 06 01 Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. 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 Page 6 of 10 2017 06 01 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. 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 Page 7 of 10 2017 06 01 this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. 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 Page 8 of 10 2017 06 01 the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements 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. Page 9 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. 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. Page 10 of 10 2017 06 01 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 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: N:\Proposals\Eden Prairie\Duck Lake Road\Final Design - Bridge Option Assessment\Exhibit A_Duck Lake Road Final Design Amendment Proposal.docx EXHIBIT A August 4, 2020 Ms. Mary Krause Sr. Project Engineer City of Eden Prairie RE: Proposal for Professional Engineering & Surveying Services Duck Lake Road Reconstruction: Phase 2 – Amendment to Final Design Services City of Eden Prairie Dear Ms. Krause: Thank you for allowing Bolton & Menk, Inc. to provide you with this proposal for an amendment to our engineering and surveying services in support of the City of Eden Prairie’s Duck Lake Road Reconstruction Project. This proposal is an amendment to the original Final Design Services proposal from April 2018. The proposal reflects modifying the final design to include a bridge through the Duck Lake Crossing based on coordination, and partnership, with the Riley Purgatory Bluff Creek Watershed District. As a part of this proposal, we have detailed our proposed scope of work, and itemized our estimated fees. Scope of Work The City of Eden Prairie has requested this proposal from Bolton & Menk, Inc. to amend the existing final plans completed as a part of the original final design for the Duck Lake Road Reconstruction project to include a bridge (235lf) spanning Duck Lake. The amended services for the Final Design – Bridge option builds on the work previously completed and reinitiate tasks started in the initial design phase. The amended services/tasks include: preliminary and final bridge design, re-design at the north and south termini of the bridge (near Peterborg and Padons Drive) to match the bridge design, public engagement, project permitting, easement acquisition services, project specifications and bidding services. A new submittal will be made to MnDOT State Aid and the MnDOT Bridge office for review and comment. We have itemized the anticipated tasks of this Phase. Amended Phase 2 – Bridge Design Services: 1. Project Management: Project Meetings with City Staff and Project Team, Quality Control Reviews 2. Survey Work: Easement Exhibits & Acquisition Services (Sub-Consultant will be utilized for Easement Acquisitions) 3. Stakeholder Engagement: Neighborhood Meetings, Regulatory Agency Meetings, Meeting with the School District, and City Council Meeting. 4. Bridge Design: Preliminary and Final Bridge Design, including coordination with MnDOT Bridge Office. 5. Final Plan Preparation: Finalize corridor design at north and south termini of the bridge. Reinitiate Private Utility Coordination. Finalize plans necessary for bidding and construction. Preparation of Project Manual and Project Permitting. 6. Bidding Assistance: Prepare Advertisement of Bid and Award Recommendation Duck Lake Road Bridge Design Proposal – Exhibit A August 4, 2020 Page 2 N:\Proposals\Eden Prairie\Duck Lake Road\Final Design - Bridge Option Assessment\Exhibit A_Duck Lake Road Final Design Amendment Proposal.docx Estimate of Fees Estimated fees for Amendment to Phase 2 services are as follows: Project Management $ 40,766 Supplemental Data Collection & Easements $ 8,830 Stakeholder Engagement $ 8,076 Bridge Design and Plan Development $ 136,060 Final Design & Plan Preparation $ 26,560 Duck Lake Outlet $ 7,108 Project Permitting $ 21,600 Specifications & Engineer’s Estimate $ 24,810 Utility Coordination $ 5,232 Bidding Assistance $ 9,510 Total Estimated Engineering Fees $ 288,552 Subconsultant Easement Negotiation & Acquisition Services $ 24,530 Total Final Design Phase – Bridge Option $313,082 These fees for these individual tasks are estimates. A detailed breakdown of task hours and fees are included with this proposal. Bolton & Menk proposes the Amended Phase 2 services to complete the preliminary and final bridge design, re-design at the north and south termini of the bridge (near Peterborg and Padons Drive) to match the bridge design, public engagement, project permitting, easement acquisition services, project specifications and bidding services to be paid on an hourly basis, in accordance with the City of Eden Prairie’s standard professional services agreement for a not to exceed hourly fee of $313,082. Bolton & Menk will not invoice the City directly for any indirect/reimbursable expenses. Schedule: The Final Design – Bridge Option phase will commence upon Council authorization and it is expected that final design and plan preparation will be completed spring 2021. It is anticipated that construction will start late summer 2021 with surcharging work in the area of Duck Lake (north and south termini of the bridge), in preparation of bridge construction and street reconstruction through the corridor to commence in the 2022 construction season. Conclusion: Upon completion of Phase 2 – Bridge Design services, we look forward to moving into construction and would be happy to provide a proposal for construction phase services. We look forward to providing these professional services to the City of Eden Prairie and appreciate your consideration of Bolton & Menk, Inc. Please contact us if you have any questions, need additional information, or wish to discuss this proposal. Sincerely, Bolton & Menk, Inc. Sarah E. Lloyd, P.E. Marcus A. Thomas, P.E. Principal Project Manager Principal Engineer CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 18, 2020 DEPARTMENT/DIVISION: Rod Rue Public Works / Engineering ITEM DESCRIPTION: #20822 Approve Professional Services Agreement with WSB & Associates, Inc. for Design Services for the CSAH 61 (Flying Cloud Drive) Landscaping Improvements ITEM NO.: VIII.H. Requested Action Move to: Approve Professional Services Agreement with WSB & Associates, Inc. for Design Services for the CSAH 61 (Flying Cloud Drive) Landscaping Improvements in the amount of $35,595.00. Synopsis This Professional Services Agreement will provide design services for landscaping improvements along the recently constructed CSAH 61 (Flying Cloud Drive) project. Two conceptual design layouts will be prepared for review and a preliminary layout which will be the basis of the final design. The agreement also provides for agency reviews and bidding assistance. The plans will be developed meeting MnDOT and Hennepin County’s state aid design standards and process. Background Information As part of the Construction Cooperative Agreement with Hennepin County, the City of Eden Prairie is responsible for the design and administration of the landscaping project within Eden Prairie after completion of the corridor construction. Hennepin County will contribute $200,000 for their share of the landscaping project. It is anticipated that the landscaping project occur in 2021. Financial Implications The Professional Services Agreement with WSB & Associates, Inc. has an estimated cost of $35,595.00 and will utilize municipal state aid (MSA) funds. Attachment Professional Services Agreement 2017 06 01 I.C. 20822 – CSAH 61 Landscaping Page 1 of 10 Agreement for Professional Services This Agreement (“Agreement”) is made on the _1st_ day of_July_, 20_20_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _WSB & Associates, Inc._ dba WSB (“Consultant”), a Minnesota corporation (hereinafter "Consultant") whose business address is _701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416_. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for_Design of the CSAH 61 (Flying Cloud Drive) Landscape Project_ hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (_Scope of Services_Letter ) 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 _June 14, 2020_ through _October 31, 2021_ 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 $_35,595_ 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. 2017 06 01 I.C. 20822 – CSAH 61 Landscaping Page 2 of 10 b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance 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 2017 06 01 I.C. 20822 – CSAH 61 Landscaping Page 3 of 10 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. 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. 2017 06 01 I.C. 20822 – CSAH 61 Landscaping Page 4 of 10 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on 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 2017 06 01 I.C. 20822 – CSAH 61 Landscaping Page 5 of 10 Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. 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 2017 06 01 I.C. 20822 – CSAH 61 Landscaping Page 6 of 10 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. 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 2017 06 01 I.C. 20822 – CSAH 61 Landscaping Page 7 of 10 this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. 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 2017 06 01 I.C. 20822 – CSAH 61 Landscaping Page 8 of 10 the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements 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. 2017 06 01 I.C. 20822 – CSAH 61 Landscaping Page 9 of 10 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. 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. G:\Group Data\Municipal\Clients - Cities - Counties\Eden Prairie\Proposals\TH 61 (Flying Cloud Dr) Landscaping\LTR PROPOSAL - TH 61 Landscaping_2020-07- 01.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM July 1, 2020 Mr. Rod Rue, PE City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: CSAH 61 (Flying Cloud Drive) Landscaping Dear Mr. Rue: I am pleased to submit this letter proposal on behalf of WSB to the City of Eden Prairie (City) for the landscaping improvements and agency coordination for the landscape enhancements along CSAH 61 between Charlson Road and the city boundary near the Richard T. Anderson Conservation Area. PROJECT UNDERSTANDING It is our understanding that the roadway project recently constructed did not include a full landscaping plan, and that the design included within this proposal will focus on designing the Landscape Restoration for the CSAH 61 corridor to become more natural and fit within the surroundings of the river valley. This project must be designed and coordinated through the County / MnDOT State Aid process. SCOPE OF SERVICES The following scope of services will provide the City with the steps necessary to complete a successful design and bidding process. 1) Task 1 - Project Start-Up, Management, Data Collection & Programming: The City will be in communication with the County for as-built documents of the construction of TH 61 and provide to WSB. WSB will assemble the provided information, perform topsoil tests, set up project documents, and provide ongoing project management. a) Project Start-Up & Programming Meeting: WSB will attend a project start-up/focus meeting with the city staff to discuss potential themes for the concept landscape plans, set the project schedule, and review unique aspects of the project area. b) Data Collection: WSB will gather project data from the City, including any GIS or CAD files obtained from the County, and will create a base map. No wetland delineation or topographical survey services are included. c) Site Analysis: WSB will conduct a site review to identify site opportunities and constraints for consideration in the preparation of the concept landscape plans. 2) Preliminary Design: The preliminary design will take into consideration the topography along the corridor, limitations due to underdrainage systems and limited right of way, existing utilities and prairie restoration areas, and the Native American Interpretive area that is being implemented by Hennepin County. a) Conceptual Plans: WSB will prepare two alternative conceptual layout designs for the corridor based on existing conditions, opportunities, unique features, etc. b) Staff Review Meeting: One (1) virtual city staff review meeting of the concept plans will be held to collect input and feedback related to the design direction. “EXHIBIT A” Rod Rue July 1, 2020 Page 2 G:\Group Data\Municipal\Clients - Cities - Counties\Eden Prairie\Proposals\TH 61 (Flying Cloud Dr) Landscaping\LTR PROPOSAL - TH 61 Landscaping_2020-07- 01.docx c) Preliminary Layout: WSB will submit a Preferred Landscape Plan to the City based on feeback from the concept plans. This preliminary layout will serve as the basis for final design. Deliverables: Concept Landscape Plans Preliminary Landscape Plan 3) Task 3 – Bid Documents / Final Design: This task involves preparing final construction plans for the project in the format required by Hennepin County / State Aid review process. The construction plans will incorporate plans that were developed under previous tasks and will further explore specifics of landscape placement related to site triangles, clear zone distances, and a naturalized planting species palette that is more likely to handle the harsh environment related to seasonal maintenance of a County / State Aid road corridor. WSB anticipates plan reviews at sixty percent and ninety percent plan development stage. Following the ninety percent review, WSB will make any final refinements required and provide signed plans for bidding. a) Construction Plans: The Construction Document set will consist of the following sheets; Title Sheet, General Layout, Statement of Estimated Quantities (SEQ), Landscape Plans, Permanent Erosion / Sediment Control, and Construction Staging and Traffic Control. b) Staff Review Meetings: One (1) virtual staff review meeting of the sixty percent plan set, and one (1) virtual staff review meeting of the ninety percent plans, specifications, SEQ and estimate will be held with any necessary refinements made following each review meeting. 4) Task 4 – Formal Agency Review and Coordination & QA/QC process: a) WSB will coordinate with and submit plans to Hennepin County and MnDOT State Aid for review/comment at sixty and ninety percent. We will document comments / resolutions consistent with County/State Aid requirements. b) Internal WSB Quality Assurance/Quality Control review. This includes a constructability review by internal inspections staff certified for MnDOT projects. Following approval of the plans by the City of Eden Prairie, Hennepin County, and MnDOT Metro District, an approved copy of the plans and specifications will be provided to MnDOT Metro District. Deliverables: Final Construction Plans & Specifications Final Construction Cost Estimates 5) Task 5 - Bidding Administration: WSB will provide bidding services including: a) advertisement for bid, b) facilitation of bidding via QuestCDN c) answering bidder questions / issuing addenda, d) attending the bid opening, e) reviewing bids, f) tabulating and reviewing bids, g) providing a letter of recommendation to the City 6) Task 6 - Topsoil Testing: a) Up to 6 topsoil tests will be collected and analyzed for organics and optimal properties for viable landscape growth media to determine what, if any, soil amendments may be recommended. Rod Rue July 1, 2020 Page 3 G:\Group Data\Municipal\Clients - Cities - Counties\Eden Prairie\Proposals\TH 61 (Flying Cloud Dr) Landscaping\LTR PROPOSAL - TH 61 Landscaping_2020-07- 01.docx 7) Additional Services: Services other than those listed in the Scope of Services above and requested and authorized in writing by the City. These services shall be billed on an hourly basis according to the current Hourly Rate Schedule. FEE & EXPENSE PROPOSAL: It is proposed that the Scope of Services identified in Paragraphs 1 through 6 above be billed on an hourly not to exceed basis of $35,595. Below is a summary breakdown by various aspects of the proposed services: Description Estimated Fee Task 1 - Project Management and Data Collection $2,991 Task 2 - Preliminary Design $4,626 Task 3 - Final Design / Bid Documents $17,836 Task 4 – Formal County/State Aid Process $5,536 Task 5 - Bidding Admin $1,906 Task 6 - Topsoil Testing $2,200 Expenses $500 Total Hourly-not-to-exceed Fees $35,595.00 Thank you again for this opportunity. Please contact me at 763-231-4841 if you have any questions. If you agree with the scope of services and related fees as outlined above, please sign where indicated below and return one copy to our office. Sincerely, WSB Jason L. Amberg, PLA, ASLA Principal / Director of Landscape Architecture CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 18, 2020 DEPARTMENT/DIVISION: Rod Rue Public Works / Engineering ITEM DESCRIPTION: #20821 Approve Professional Services Agreement with HTPO, Inc. for Design Services for the CSAH 4 (Spring Road) Watermain Improvements ITEM NO.: VIII.I. Requested Action Move to: Approve Professional Services Agreement with HTPO, Inc. for Design Services for the Spring Road Watermain Improvements in the amount of $51,400. Synopsis This Professional Services Agreement will provide survey and design services for the installation of approximately 2000 feet of watermain along CSAH 4 (Spring Road). This improvement project will complete a watermain loop that exists between the recently installed stub on CSAH 4 (part of the CSAH 61 improvements) and a stub near the sanitary sewer lift station south of Prospect Road. A significant portion of this project will be coordinating the design and construction timing of the watermain installation with Hennepin County’s plan to replace the box culvert carrying Riley Creek under CSAH 4. At this time, it’s unclear if the watermain project will be independent of the county’s project or included with the county project. Background Information This project was added to the Capital Improvement Plan after the Eden Prairie Road and Flying Cloud Drive (CSAH 61) projects included sanitary sewer and watermain infrastructure improvements in the area, thus creating a watermain gap in the system. Completing this large watermain loop (on Eden Prairie Road, Flying Cloud Drive and Spring Road) will provide system continuity, together with better water quality and fire protection for area customers. Financial Implications The Professional Services Agreement with HTPO, Inc. has an estimated cost of $51,400. The project will be financed by Utility Water Access Charges. Attachment Professional Services Agreement 2017 06 01 I.C. 20821 – CSAH 4 Watermain Agreement for Professional Services This Agreement (“Agreement”) is made on the _18th_ day of August, 20_20_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Hansen Thorp Pellinen Olson, Inc._ (“Consultant”), a Minnesota corporation (hereinafter "Consultant") whose business address is _7510 Market Place Drive, Eden Prairie, Minnesota 55344_. 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 Design of CSAH 4 (Spring Road) Watermain – I.C. 20821_ hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (_Scope of Services_) 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 _August 18, 2020_ through _December 31, 2021_ 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 $_51,400_ 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. I.C. 20821 – CSAH 4 Watermain b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance 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 I.C. 20821 – CSAH 4 Watermain 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. 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 designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. I.C. 20821 – CSAH 4 Watermain 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on 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 I.C. 20821 – CSAH 4 Watermain Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. 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 I.C. 20821 – CSAH 4 Watermain 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. 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 I.C. 20821 – CSAH 4 Watermain this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. 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 I.C. 20821 – CSAH 4 Watermain the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements 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. I.C. 20821 – CSAH 4 Watermain 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. 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. I.C. 20821 – CSAH 4 Watermain 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 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 Hansen Thorp Pellinen Olson, Inc. By: Its: Treasurer EXHIBIT A 7510 Market Place Drive Eden Prairie, MN 55344 Phone: 952-829-0700 Fax: 952-829-7806 www.htpo.com HANSEN THORP PELLINEN OLSON, INC. July 15, 2020 Rod Rue City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: CSAH 4 (Spring Road) Water main I.C. 20821 Dear Rod, HTPO is pleased to provide this proposal for civil engineering and surveying services for the CSAH 4 (Spring Road) Water main project. It is our understanding that the City intends to close an approximately 2000’ gap to establish a water main loop along Spring Road between the lift station south of Prospect Road and a stub near the limits of the recently completed CSAH 61 (Flying Cloud Drive) improvements. We understand that Hennepin County anticipates future projects to replace the box culvert at Riley Creek and a separate mill and overlay for roadway improvements. A primary goal of this project is to work with the County and other stakeholders to simplify design elements and coordinate construction timing. SCOPE OF SERVICES We propose to provide the following services: A. Topographic Survey Boundary and topographic survey of the CSAH 4 Right-of-Way for the project area described above including the following items:  Visible site features and spot elevations for one-foot contours  Significant trees within the ROW  Rim and invert of public utility structures  Portrayal of underground utilities on the site based upon a Gopher State One Call request, and mapping provided by utility operators  Identify existing right of way lines and easements per data available from the Hennepin County RecordEase system B. Preliminary Design Includes preliminary design documents, analysis of alternatives for water main installation by open-cut or directionally drilled methods, cost estimating, County coordination, and coordination with Riley Purgatory Bluff Creek Watershed District for crossing a public waterway. Includes up to 6 hours for meetings. City of Eden Prairie – CSAH 4 (Spring Road) Water main July 15, 2020 Page 2 C. Construction Documents Includes final design drawings and specifications for contractor bidding. This includes preparation of water main plans, removals/restoration plan, erosion & sediment control plan, traffic control plan, and construction details. Includes a final engineer’s estimate, watershed permit submittal with RPBCWD, and County review submittal. Includes up to 6 hours for meetings. Includes preparation of up to 5 temporary easement exhibits and staking locations in the field. D. Bid Administration Includes plan distribution, answering contractor’s questions, attendance at bid opening, review of bids and tabulation, and letter of recommendation for award. ASSUMPTIONS  Permanent easements will not be required.  Fredrick-Miller Spring site will not be modified with this project.  Tree replacement will not be required.  Roadway and guardrail improvements will not be required.  Project funding is exclusively by the City of Eden Prairie.  Wetland delineation will not be required. SCHEDULE We assume that topographic survey will be completed in 2020 and design work will extend into 2021. COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows: Total Fees and Expenses $ 51,400 PAYMENT Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing, courier, and other out- of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. We appreciate this opportunity to be a resource to you and we look forward to potentially working with you on this project! If you have any questions or need additional information please do not hesitate to contact us. Sincerely, HANSEN THORP PELLINEN OLSON, INC. Aaron Carrell, P.E. Laurie Johnson, P.E. Engineering Manager President CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: August 18, 2020 DEPARTMENT / DIVISION: Public Works Paul Schlueter / Fleet Services ITEM DESCRIPTION: 2021 Plow Truck Replacement ITEM NO.: VIII.J. Requested Action Move to: Authorize purchase of a new 2021 Freightliner cab & chassis with Towmaster dump body and Falls plow equipment for a total cost of $218,664.53. Synopsis Fleet Services has begun vehicle replacement evaluations for 2021 and one of the vehicles that Fleet is recommending to replace is our plow truck # 176. Due to the extremely long lead times we have been experiencing for both the cab & chassis and the plow and body equipment, Fleet Services is requesting authorization to order this replacement vehicle at this time. With current production lead times for the vehicle and the plow equipment, we would not see delivery of this vehicle until after January 1st of 2021. Ordering this vehicle now will help assure the completed vehicle will be delivered prior to the start of the 2021-2022 snow season. Funds for this purchase are included in the 2021 Fleet Capital Internal Service Fund budget and funds are currently available for this purchase. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. This new plow truck will be purchased using State of Minnesota CPV programs. Attachment None CITY COUNCIL AGENDA SECTION: Consent Calendar DATE August 18, 2020 DEPARTMENT Rick Getschow City Manager ITEM DESCRIPTION Student on Commissions Appointment for the 2020-2021 School Year ITEM NO. VIII.K. Requested Action Move to:  Appoint Jake Dorson to the Flying Cloud Airport Advisory Commission  Appoint Devyn Stanton to the Heritage Preservation Commission  Appoint Ishan Nadkarni to the Parks, Recreation, and Natural Resources Commission Synopsis These appointments are in addition to the Students on Commissions appointments made at the June 16, 2020 Council meeting. CITY COUNCIL AGENDA SECTION: Public Hearings DATE: August 18, 2020 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/ Beth Novak-Krebs ITEM DESCRIPTION: The Lofts at Anderson Reserve ITEM NO.: IX.A. Requested Action Move to: Direct the applicant to revise the plans so that the project maintains consistency with the Aspire 2040 guiding of Medium Density Residential with a density of 5-14 dwelling units per acre. In order to maintain consistency, the plans must be redrawn using the standards of the RM-6.5 zoning district. Because the redraw would require a rezone and different waivers requests, the plans should be submitted for further staff analysis. Synopsis The applicant is requesting approval to construct a 52-unit apartment building at 9360 Hennepin Town Road. The property is 2.85 acres and located on the west side of Hennepin Town Road about ¼ mile south of Anderson Lakes Parkway. Existing single family uses border the property along the west side and portions of the south and north sides. The proposal includes a 3-story building with underground parking. The building is situated along the south property line between the two wetlands on the property. There is some surface parking on the north side of the building. There is one access point to the property from Hennepin Town Road. Background PLANNING COMMISSION RECOMMENDATION Consistent with staff’s recommendation, the Planning Commission voted 7-1 to recommend that the project maintain consistency with the Aspire 2040 guiding of Medium Density Residential with a density of 5-14 dwelling units per acre. In order to maintain consistency, the plans must be redrawn using the standards of the RM-6.5 zoning district. Because the redraw would require a rezone and different waivers requests, further staff analysis would be required. The applicant is asking the Council to consider approval of the current proposal of 52-units with a density of 18.25 units per acre. COMPREHENSIVE PLAN AMENDMENT In the Aspire 2040 Plan, the property is currently guided Medium Density Residential. This land use designation allows 5 to 14 dwelling units per acre. The primary housing type in this land use category includes single family attached where residences are stacked horizontally or vertically. This includes apartments, condominiums, senior housing developments, townhomes, and row houses. The 2030 Comprehensive Plan guided the property Low Density Residential. The following factors were considered when guiding the property to Medium Density Residential in Aspire 2040. • The parcel configuration and the presence of wetlands pose challenges to develop with single family residential. • The property does not allow for a direct connection to and an extension of the existing single family neighborhoods adjacent to this property. • The City has a significant supply of existing single family development. Through various public engagement platforms during the Aspire 2040 process, the public expressed a desire for the development of various types of housing in the community. • The property is accessed from a major collector roadway. • The Medium Density Residential Land Use category allows for an increase in density while maintaining the ability to transition between the adjacent single family development. • Drafting the Aspire 2040 document was a multi-year process, which included focus group meetings, online engagement and multiple workshops with the City Council. Increasing density on infill sites provided a public process is required for such development and the projects have proper transitions to adjacent development was a supported approach. The property is identified as an infill site on the Infill Development Sites Map in the Aspire 2040 Plan. Through the Aspire process, the City Council discussed infill development sites noting that proposed development should address a variety of items such as, existing environment and character of the surrounding developments, pedestrian and vehicular connections, and housing product type in order to provide lifecycle housing options for the community. The Aspire 2040 Plan was adopted on October 1, 2019. Since the adoption of the Plan, there has been one amendment to the Plan. Although there have been a number of recent Comprehensive Plan amendments, those were amendments to the 2030 Plan, which was at the end of its functional life and was in need of updating due to changes in policy and community trends. This is the first year of the Aspire 2040 Plan. The applicant is requesting approval to reguide the property to Medium High Density Residential. This land use category allows 14 to 40 dwelling units per acre. The primary housing type in this land use designation includes multifamily housing where residences are stacked horizontally or vertically. Similar to the Medium Density Residential designation, this designation allows apartments, condominiums, and senior housing developments. The Aspire 2040 Medium Density Residential Land Use category allows a maximum density of 14 dwelling units per acre. At 2.85 acres, this property would be allowed 40 total units. The Medium High Density Residential Land Use Category allows a density of 14-40 units per acre. The applicant is proposing 18.25 units per acre for a total of 52 units. This is a difference of 12 units. The following table notes the difference in units, vehicle trips, parking and population between the proposed development and developing the property consistent with the Medium Density Residential guiding at 14 units per acre. Total Units Total Weekday Daily Vehicle Trips Parking Required *Population Proposal 52 283 104 130 Medium Density Residential 40 218 80 100 Difference 12 65 24 30 *Population numbers are based on 2.5 person per household PROJECT DETAILS The property is currently zoned Rural, which is not consistent with the guiding of the property in Aspire 2040. Therefore, the applicant is requesting approval to change the zoning to RM-2.5. This zoning district allows for attached dwelling units. The proposed building is 3 stories. The building height is 35 feet to the roof deck and 40 feet to the top of the parapet. City Code allows a building height of 45 feet. The building facades comply with the architectural standards required by City Code. The building materials include cast stone, glass, and fiber cement siding, which are all Class I materials. The north, south and west facades exceed the City Code requirements of 75% Class I material. The east façade includes 73% Class I materials. The applicant must revise the plans to provide 75% Class I materials on the east façade. AFFORDABILITY The applicant is proposing a mixed occupancy housing development with 90% (47) of the units reserved for households with incomes of 60% or less of the area median income, and the remaining units available to households with incomes at 80% AMI. From an affordability perspective the project is consistent with the Aspire 2040 goal of encouraging new low-to-moderate housing developments to meet local and regional need, and the strategy to explore opportunities to appropriately increase housing density in established residential neighborhoods. At 52 units, the project is also consistently sized compared to other Low Income Housing Tax Credit program (the proposed primary funding source) properties which over the last 5 years have averaged 54 units according to data from the Minnesota Housing Finance Agency. The units affordable at 60% of the area median income (AMI) level qualify for the program and are of a number sufficient to raise enough tax credit equity to make the project financially feasible. To provide perspective on the incomes of prospective tenants it is instructive to convert the affordability level to potential household incomes. For example, for the units affordable to households earning 60% or less of AMI, a household of two could earn up to $49,680 and a family of four $62,040. At 80% of the AMI, a two person household could earn up to $66,240 and a four person household $82,720. These household incomes are indicative of occupations such as teaching, health care work, policing, and many more professions traditionally considered middle income. PLANNED UNIT DEVELOPMENT WAIVERS As a part of the PUD, the applicant is seeking waivers to City Code requirements as outlined below. 1. Density and Site Area Per Dwelling Unit – City Code allows a maximum density of 17.4 dwelling units per acre in the RM-2.5 Zoning District. The applicant is requesting a waiver to allow a project density of 18.25 dwelling units per acre. In addition, City Code requires a site area of 2,500 square feet per dwelling unit or 130,000 square feet (2.98 acres). The site area is 2.85 acres. The applicant is requesting a waiver to reduce the site area per dwelling unit to 2,387 or 124,124 square feet. 2. Group Usable Open Space – City Code requires 600 square feet of group usable open space per unit. The applicant is requesting a waiver to reduce the group usable open space to 130 square feet per unit. Group usable open space is defined as land area and facilities designated for group recreation or social activities. The applicant is proposing to provide indoor and outdoor common space to provide areas for residents to gather and interact. The indoor space includes a community room, a fitness center, a common office space and the lobby. The outdoor spaces include a tot lot, a seating area near the main entrance, seating areas along the sidewalk in front of the building, and a woodchip trail with seating areas around the wetland at the back of the property. The waiver request is consistent with recently approved waivers for group usable open. Complying with the Group Usable Open Space requirement has routinely been an issue for projects. The requirement has been in place since 1969. Multifamily development styles and layouts have changed over the decades potentially leading to this requirement being outdated. Most projects require a waiver for Group Usable Open Space. This indicates that the requirement is out of date and staff intends to research and update this requirement. 3. Parking Stall Depth and Drive Aisle Width - City Code requires parking stalls to have dimensions of 9 feet wide by 19 feet deep with a drive aisle width of 25 feet. The applicant is requesting a waiver to allow a parking stall depth of 18 feet with a drive aisle of 24 feet. The requested waiver is consistent with similar waivers approved for other projects. A 9 foot wide by 18 foot deep parking stall and a 24 foot wide drive aisle are functional for parking and maneuvering. NEIGHBORHOOD MEETINGS AND RESIDENT INPUT The applicant arranged for neighborhood input through email communications between the dates of May 18, 2020 through May 21, 2020. Residents were invited to review project related material provided by the applicant and send in emails with questions and comments. The applicant then compiled the questions and comments and provided responses back to the residents that sent in emails. Based on the residents desire to have a more interactive meeting, the applicant subsequently held a Zoom meeting with the neighbors on June 3, 2020. According to the applicant, the main questions and comments from the neighborhood engagement included unit type and occupancy, building height, traffic, affordability, density, and current guiding. The City received 61 emails from residents with comments about the proposed project. In addition, the neighborhood organized a petition that was circulated for signatures. The emails and the petition were attached to the Planning Commission packet and made part of the public record and are in this packet for your review. SUSTAINABILITY The applicant is proposing a number of sustainable features in this project including but not limited to, EV charging stations, a rainwater harvesting system, a rood structure and electrical system designed to facilitate future installation of solar panels and LED lighting. Attachments 1. Staff Report 2. Land Use Map 3. Zoning Map 4. Aerial photo 5. Planning Commission Minutes 6. Resident Comments SITE STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: July 9, 2020 SUBJECT: The Lofts at Anderson Reserve LOCATION: 9360 Hennepin Town Road REQUEST: • Guide Plan Change from Medium Density Residential to Medium High Density Residential on 2.85 acres • Planned Unit Development Concept Review on 2.85 acres • Planned Unit Development District Review with waivers on 2.85 acres • Zoning District Change from Rural to RM-2.5 on 2.85 acres • Site Plan Review on 2.85 acres • Preliminary Plat to create 1 lot and 2 outlots on 2.85 acres BACKGROUND The applicant is requesting approval to construct a 52-unit apartment building at 9360 Hennepin Town Road. The property is located on the west side of Hennepin Town Road ¼ mile south of Anderson Lakes Parkway. Surrounding land uses include residential and commercial to the north, residential to the west and residential and open space to the south. Hennepin Town Road and Highway 169 run along the east side of the property. The majority of the homes in the immediate residential neighborhood are ramblers and split level homes. The proposal includes a 3- story apartment building. The property is 2.85 acres and currently includes a single family home. The land is generally flat with a small wetland on the west and east side of the property. The eastern 2/3 of the Staff Report – The Lofts at Anderson Reserve Page 2 2 property is wooded with some trees around the perimeter of the property. The applicant is proposing 52 units on 2.85 acres resulting in a proposed density of 18.25 dwelling units per acre. The proposed building includes 54 underground parking stalls including 2 Electric Vehicle Charging Stations. The proposed unit mix is 13 one-bedroom units, 25 two-bedroom units, and 14 three-bedroom units. The proposal also includes 50 surface parking stalls. COMPREHENSIVE PLAN AMENDMENT In the Aspire 2040 Plan, the property is currently guided Medium Density Residential. This land use designation allows 5 to 14 dwelling units per acre. The primary housing type in this land use designation includes single family attached where residences are stacked horizontally or vertically. This includes apartments, condominiums, senior housing developments, townhomes, and row houses. The 2030 Comprehensive Plan guided the property Low Density Residential. The following factors were considered when guiding the property to Medium Density Residential in Aspire 2040. • The parcel configuration and the presence of wetlands pose challenges to develop with single family residential. • The property does not allow for a direct connection to and an extension of the existing single family neighborhoods adjacent to this property. • The City has a significant supply of existing single family development. Through various public engagement platforms during the Aspire 2040 process, the public expressed a desire for the development of various types of housing in the community. • The property is accessed from a major collector roadway. • The Medium Density Residential Land Use Category allows for an increase in density while maintaining the ability to transition between the adjacent single family development. • Drafting the Aspire 2040 document was a multi-year process, which included focus group meetings, online engagement and multiple workshops with the City Council. Increasing density on infill sites provided a public process is required for such development and the projects have proper transitions to adjacent development was a supported approach. The property is identified as an infill site on the Infill Development Sites Map in the Aspire 2040 Plan. Through the Aspire process, the City Council discussed infill development sites noting that proposed development should address a variety of items such as, existing environment and character of the surrounding developments, pedestrian and vehicular connections, and housing product type in order to provide lifecycle housing options for the community. The Aspire 2040 Plan was adopted on October 1, 2019. Since the adoption of the Plan, there has been one amendment to the Plan. Although there have been a number of recent Comprehensive Plan amendments, those were amendments to the 2030 Plan, which was at the end of its functional life and was in need of updating due to changes in policy and community trends. This is the first year of the Aspire 2040 Plan. Staff Report – The Lofts at Anderson Reserve Page 3 3 The applicant is requesting approval to reguide the property to Medium High Density Residential. This land use designation allows 14 to 40 dwelling units per acre. The primary housing type in this land use designation includes multifamily housing where residences are stacked horizontally or vertically. Similar to the Medium Density Residential designation, this designation allows apartments, condominiums, and senior housing developments. The Aspire 2040 Medium Density Residential Land Use Category allows a maximum density of 14 dwelling units per acre. At 2.85 acres, this property would be allowed 40 total units. The Medium High Density Residential Land Use Category allows a density of 14-40 units per acre. The applicant is proposing 18.25 units per acre for a total of 52 units. This is a difference of 12 units. The following table notes the difference in units, vehicle trips, parking and population between the proposed development and developing the property consistent with the Medium Density Residential guiding at 14 units per acre. Total Units Total Weekday Daily Vehicle Trips Parking Required *Population Proposal 52 283 104 130 Medium Density Residential 40 218 80 100 Difference 12 65 24 30 *Population numbers are based on 2.5 person per household ZONING AND PRELIMINARY PLAT The property is currently zoned Rural, which is not consistent with the guiding of the property in Aspire 2040. Therefore, the applicant is requesting approval to change the zoning to RM-2.5. This zoning district allows for attached dwelling units. Although the Medium High Density Residential guiding allows 14-40 units per acre, the RM-2.5 Zoning District allows a maximum density Proposed Preliminary Plat Staff Report – The Lofts at Anderson Reserve Page 4 4 of 17.4 dwelling units per acre. The applicant has requested a waiver to allow 18.25 units per acre. There are several apartment projects in Eden Prairie with similarities to the proposed project. The following table shows the number of units, density, height, and distance from the multifamily building to the adjacent single family buildings. The applicant is proposing a preliminary plat that would create one lot for the building and parking and one outlot for each wetland. The applicant is proposing to deed the outlots to the City. The City will maintain and preserve the wetlands. SITE PLAN The building is situated parallel to the south property line between the two wetlands on the property. There is surface parking on the north side of the building. The only vehicular access to the site is from Hennepin Town Road with the access drive coming into the site along the north property line. Access to the underground parking is located on the east end of the building. There is a tot lot south of the main entrance to the building with seating areas along the sidewalk in front of the building and at the main entrance to the building. The plan also includes a 4 foot wide woodchip trail around the Project Name Address Number of Units Site Size (Acres) Density (Units per Acre) Height (Stories) Distance from Single- Family Detached and Single Family Attached Sterling Ponds 16315 Wagner Way 56 3.56 15.7 3 Between 115 and 200 feet to single family Sterling Ponds 16355 Wagner Way 56 3.04 18.4 3 300 feet to single family Edenvale Apts. 13670 Valley View Rd. 70 4.98 14.4 3 Between 156 and 450 feet to duplexes Eden Hills 8500 Franlo Road 36 2.90 11 3 Between 165 and 300 feet to duplexes Edendale Senior Apt. 16700 Main Street 61 2.95 20.7 5 Between 114 and 375 feet to single family Trail Point Ridge Eden Prairie Road 58 2.03 28.5 4 225 feet to Sheldon Place townhomes, 600 feet to single family The Preserve Condos 11160 Anderson Lakes Parkway 63 4.5 14 3 Between 325 and 550 feet to duplexes Preserve Place 11100 Anderson Lakes Parkway 77 3.85 20 3 Between 75 and 200 feet to duplexes The Lofts at Anderson Reserve 9360 Hennepin Town Road 52 2.85 18.25 3 Between 125 feet and 400 feet to single family Staff Report – The Lofts at Anderson Reserve Page 5 5 wetland in the rear of the property. Seating areas are located along the trail. BUILDING ARCHITECTURE The proposed building is 3 stories. The building height is 35 feet to the roof deck and 40 feet to the top of the parapet. City Code allows a building height of 45 feet. The building facades comply with the architectural standards required by City Code. The building articulation includes a number of projections, material changes, and roofline variation that creates visual interest. The main building entrance is designed as a focal point along the north elevation by projecting the entrance out from the front facade and incorporating an awning. The building materials include cast stone, glass, and fiber cement siding, which are all Class I materials. The north, south and west facades exceed the City Code requirements of 75% Class I material. The east façade includes 73% Class I materials. The applicant must revise the plans to provide 75% Class I materials on the east façade. The applicant is also proposing color changes to provide visual variety and interest. Proposed Site Plan Staff Report – The Lofts at Anderson Reserve Page 6 6 AFFORDABILITY The applicant is proposing a mixed occupancy housing development with 90% (47) of the units reserved for households with incomes of 60% or less of the area median income, and the remaining units available to households with incomes at 80% AMI. From an affordability perspective the project is consistent with the Aspire 2040 goal of encouraging new low-to-moderate housing developments to meet local and regional need, and the strategy to explore opportunities to appropriately increase housing density in established residential neighborhoods. At 52 units, the project is also consistently sized compared to other Low Income Housing Tax Credit program (the proposed primary funding source) properties which over the last 5 years have averaged 54 units according to data from the Minnesota Housing Finance Agency. The units affordable at 60% of the area median income (AMI) level qualify for the program and are of a number sufficient to raise enough tax credit equity to make the project financially feasible. To provide perspective on the incomes of prospective tenants it is instructive to convert the affordability level to potential household incomes. For example, for the units affordable to households earning 60% or less of AMI, a household of two could earn up to $49,680 and a family of four $62,040. At 80% of the AMI, a two person household could earn up to $66,240 and a four person household $82,720. These household incomes are indicative of occupations such as teaching, health care work, policing, and many more professions traditionally considered middle income. TRAFFIC Hennepin Town Road is designated as a Major Collector on the eastern boundary of the property and provides access to the property. Hennepin Town Road provides access to Highway 169 via the interchanges at Anderson Lakes Parkway and Pioneer Trail. The proposal includes one access point to the property and does not connect with any neighboring local streets. A collector road or distributor road is a low-to-moderate-capacity road which serves to move traffic from local streets to arterial roads. Unlike arterials, collector roads are designed to provide access to residential properties. The applicant submitted data about the anticipated number of vehicle trips going into and coming out of the property. The information is gathered from the ITE Trip Generation manual. The information from the manual indicates that there could be a total of 19 trips during the am peak time period and a total of 23 trips during the pm peak time period. The manual uses 5.44 trips per unit per day to estimate the total number of trips per day. At the proposed 52 units, there could be a total of 283 trips per day for the property. Staff Report – The Lofts at Anderson Reserve Page 7 7 Based on the classification of Hennepin Town Road, the capacity range of a major collector is 1,100 – 6,300 vehicles per day. This varies depending on proper driveway spacing, lane width, speed limit, pedestrian facilities and access. The average daily traffic counted on Hennepin Town Road in 2016 was 3,444. The proposed project is expected to add 283 vehicles per day. 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, the applicant is seeking waivers to City Code requirements as outlined below. 1. Density and Site Area Per Dwelling Unit – City Code allows a maximum density of 17.4 dwelling units per acre in the RM-2.5 Zoning District. The applicant is requesting a waiver to allow a project density of 18.25 dwelling units per acre. In addition, City Code requires a site area of 2,500 square feet per dwelling unit or 130,000 square feet (2.98 acres). The site area is 2.85 acres. The applicant is requesting a waiver to reduce the site area per dwelling unit to 2,387 or 124,124 square feet. 2. Group Usable Open Space – City Code requires 600 square feet of group usable open space per unit. The applicant is requesting a waiver to reduce the group usable open space to 130 square feet per unit. Group usable open space is defined as land area and facilities designated for group recreation or social activities. The applicant is proposing to provide indoor and outdoor common space to provide areas for residents to gather and interact. The indoor space includes a community room, a fitness center, a common office space and the lobby. The outdoor spaces include a tot lot, a seating area near the main entrance, seating areas along the sidewalk in front of the building, and a woodchip trail with seating areas around the wetland at the back of the property. The waiver request is consistent with recently approved waivers for group usable open space as shown in the following table: Project Zoning Number of Units Area of Group Usable Open Space (GUOS) Required Per Unit (Sq. Ft.) Total Area of GUOS Required (Sq. Ft.) Total Area of GUOS Provided (Sq. Ft.) Per Unit GUOS Approved by Waiver (Sq. Ft.) Southview RM-2.5 116 600 69600 14954 129 Prairie Bluffs Senior Living RM-2.5 138 600 82800 28875 209 Trail Point Ridge RM-2.5 58 600 34800 23374 403 Sheldon Place RM-6.5 10 1000 10000 280 28 Castle Ridge RM-2.5 274 600 164400 47402 173 Paravel RM-2.5 245 600 147000 32830 134 Staff Report – The Lofts at Anderson Reserve Page 8 8 The Lofts 52 600 31200 6800 130 proposed Complying with the Group Usable Open Space requirement has routinely been an issue for projects. The requirement has been in place since 1969. Multifamily development styles and layouts have changed over the decades potentially leading to this requirement being outdated. Most projects require a waiver for Group Usable Open Space. This indicates that the requirement is out of date and staff intends to research and update this requirement. 3. Parking Stall Depth and Drive Aisle Width - City Code requires parking stalls to have dimensions of 9 feet wide by 19 feet deep with a drive aisle width of 25 feet. The applicant is requesting a waiver to allow a parking stall depth of 18 feet with a drive aisle of 24 feet. The requested waiver is consistent with similar waivers approved for other projects. A 9 foot wide by 18 foot deep parking stall and a 24 foot wide drive aisle are functional for parking and maneuvering. LANDSCAPE AND TREE REPLACEMENT PLAN The project requires 192 caliper inches for landscaping. The project includes foundation plantings, parking lot screening, and plantings near the front entrance to the building. The number of proposed caliper inches for landscaping complies with City Code; however, Code requires the plan to be revised to include plantings in the islands at the end of the parking rows. The Landscape Plan includes 280 caliper inches with 192 caliper inches for landscaping and the remaining 88 caliper inches to be applied toward tree replacement. The project requires 434 caliper inches for tree replacement. Some of the existing significant and heritage trees currently providing screening between this property and adjacent uses will be saved. The caliper inches from some these significant and heritage trees is being applied to tree replacement. The credit for the significant and heritage trees and the credit from the landscaping caliper inches brings the requirement from 608 caliper inches to 434 caliper inches of required tree replacement, which does not comply with the City Code. In order to comply, the applicant will be required to make a cash payment as calculated in accordance with the fee schedule in effect at the time of issuance of the Land Alteration Permit. SIDEWALKS AND TRAILS There is an existing paved trail along the west side of Hennepin Town Road. The sidewalks internal to the site will connect to the trail. This will provide residents access to commercial uses to the north and to a more extensive trail system. The applicant is proposing 4 foot wide woodchip trails and seating areas around the wetland in the rear of the property. This provides for passive recreational opportunities. Staff Report – The Lofts at Anderson Reserve Page 9 9 DRAINAGE The existing parcel consists of a single family residential home, while the remainder is generally wooded. The parcel currently drains to two on-site wetlands. The wetlands ultimately drain to the east under Hennepin Town Road to Woodbridge Marsh in Bloomington. The proposed development will direct runoff from impervious surfaces to two underground stormwater filtration systems located beneath the entrance and parking area. The filtration systems remove stormwater pollutants and provide rate control for the stormwater discharges. A stormwater reuse system also collects runoff from the roof of the proposed building in a cistern for use for on-site irrigation. The filtration systems discharge to Wetland 24-44-B. This wetland is being slightly regraded to create additional storage to account for the additional influx of stormwater discharge from the increased impervious surface. The graded area within the wetland buffer is proposed to be restored with native grasses. The developer has indicated that grading around Wetland 2 will not impact the hydrology to the point of changing the wetland Type or functions. The developer has indicated that the western wetland will not be impacted by the development. LIGHTING The proposed lighting plan includes 5 pole lights to provide lighting for the parking lot and drive into the site. The proposal also includes wall lighting on the north side of the building to provide lighting for the doors, main entrance area and garage entrance. Lighting is not proposed on the south, west and east sides of the building. The exterior lighting complies with City Code requirements. All of the proposed lighting includes downcast fixtures and LED bulbs. SIGNS The applicant is proposing a sign on the awning over the main entrance. The applicant is required to have a sign at the entrance into the site that includes addresses for emergency vehicle purposes. The sign plan that complies with City Code. UTILITIES There is an existing water main along Hennepin Town Road with service available to the subject property. The applicant is proposing to connect water service to the water main. The water main has capacity to accommodate the development. The closest existing sanitary sewer main is approximately 160 feet north of the property in Clark Circle. The applicant is proposing to connect to the main located in Clark Circle and extend a sewer to the subject property through an existing drainage and utility easement. There is capacity in the sanitary sewer main for the proposed development. The applicant is proposing a private lift station to get flows to a forcemain and back to Clark Circle. Staff Report – The Lofts at Anderson Reserve Page 10 10 NEIGHBORHOOD MEETINGS AND RESIDENT INPUT The applicant arranged for neighborhood input through email communications between the dates of May 18, 2020 through May 21, 2020. Residents were invited to review project related material provided by the applicant and send in emails with questions and comments. The applicant then compiled the questions and comments and provided responses back to the residents that sent in emails. Based on the residents desire to have a more interactive meeting, the applicant subsequently held a Zoom meeting with the neighbors on June 3, 2020. According to the applicant, the main questions and comments from the neighborhood engagement included unit type and occupancy, building height, traffic, affordability, density, and current guiding. The City received 57 emails from residents with comments about the proposed project. In addition, the neighborhood organized a petition that was circulated for signatures. The emails and the petition are attached to this report for your review and will be made part of the public record. SUSTAINABILITY The applicant is proposing a number of sustainable features in this project as listed below: • The project will meet the new construction guidelines for the 2020 MN Overlay to the 2015 • Enterprise Green Community Criteria. • Utilize Xcel Energy’s “Energy Design Assistance” (EDA) program in designing the building envelope, HVAC systems and lighting control • Rainwater harvesting system for irrigation • Electric Vehicle Charging Stations • Energy Star appliances • Low VOC materials • LED light fixtures and water conserving plumbing fixtures • Roof structure and electrical system designed to facilitate future installation of solar panels • Provide central recycling facilities (in addition to central trash collection) • Bike parking at each interior garage parking stall, as well as exterior bike rack for visitors STAFF RECOMMENDATION Staff recommends that the project maintain consistency with the Aspire 2040 guiding of Medium Density Residential with a density of 5-14 dwelling units per acre. In order to maintain consistency, the plans must be redrawn using the standards of the RM-6.5 zoning district. Because the redraw would require a rezone and different waivers requests, further staff analysis will be required. FRANLORAMPUS HIGHWAY 169LINDENHENNEPIN TOWNLAUREL AM S D E N FRIAR TALUS MOU N T C U R V E OVERLOOKTA R NANDERSON LAKESFOX RUN LORD NO T T I N G H A M SUMAC CLARK GARRISON LEAFTOPB R A S S I E SQUIREASPEN C L O V E R BRIG H T O N OLYMPIC HAMPSHIRERAMPUS HIGHWAY 169RAMPAnderson Lake SW Neill Lake City 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: The Lofts at Anderson ReserveAddress: 9360 Hennepin Town RoadEden Prairie, MN 55347 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 790 0 790395 Feet Date Approved: 10-01-2019 Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Property currently guided Medium Density Residential. Requesting to reguide to Medium High Density Residential FRANLORAMPUS HIGHWAY 169HENNEPIN TOWNLINDENLAUREL AM S D E N ANDERSON L A K E S FRIAR TALUS MOU N T C U R V E OVERLOOKTA R N NIBLICK LORD SUMAC CLARK GARRISONFOX RUNLEAFTOPB R A S S I E SQUIRE ARCHERASPENC LO V E R DORSET BRIG H T O N OLYMPIC HAMPSHIRERAMPRAMPUS HIGHWAY 169Anderson Lake SW Neill Lake City 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. ¯ Ordinance #19-2018 and 20-2018 approved, but not shown on this map edition Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2020 0 0.30.15 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: The Lofts at Anderson ReserveAddress: 9360 Hennepin Town RoadEden Prairie, MN 55347 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. Airport Office Office Neighborhood Commercial Community Commercial Highway Commercial Airport Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU TOD-E TOD-R Transit Oriented Development - Residential TOD-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Parks and Open Space Golf Course Water Right of Way Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Property currently zoned Rural. Requesting to rezone to RM-2.5 £¤169 FRANLO RDA N D E R S O N L A K E S P K W Y LINDENDRAMSDENWAYMOUNTCURVERD SQUIRELNTALUSCIRAMSDENWAYC LOVERCIR LAURELDRASPENCI RRISEWOODCIRTAR N C I R SUMAC CIR CLARK CIR DOGWOODCIRHAMP SHIRELN GARRISONWAY LEAFTOPCIRHENNEPIN TOWN RDHENNEPINTOWN R DTAL USCIR B R IGHTONLN HARTFORD C IR¯ Aerial Map: The Lofts at Anderson ReserveAddress: 9360 Hennepin Town RoadEden Prairie, MN 55347 0 500 1,000250 Feet Project Site APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 13, 2020 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Rachel Markos, Carole Mette, Lisa Toomey, William Gooding CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer; Matt Bourne, Manager of Parks and Natural Resources I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission member DeSanctis was absent. III. APPROVAL OF AGENDA MOTION: Gooding moved, seconded by Toomey to approve the agenda. MOTION CARRIED 8-0. IV. MINUTES MOTION: Farr moved, seconded by Kirk to approve the minutes of June 22, 2020. MOTION CARRIED 8-0. V. PUBLIC HEARINGS THE LOFTS AT ANDERSON RESERVE (2020-02) Request for: • Guide Plan Change from Medium Density to Medium High Density on 2.85 acres • Planned Unit Development Concept Review on 2.85 acres • Planned Unit Development District Review with waivers on 2.85 acres • Zoning District Change from Rural to RM-2.5 on 2.85 acres • Site Plan Review on 2.85 acres • Preliminary Plat to create 1 lot on 2.85 acres PLANNING COMMISSION MINUTES July 13, 2020 Page 2 Peter Worthington of MHF Properties displayed a PowerPoint and detailed the application. MWF Properties had been developing affordable housing for 20 years. The development would be a three- story building with parking. Amenities included direct access to Hennepin Town Road but not neighborhood streets, easy access to Anderson Lake Parkway and Highway 169, a Southwest Transit park- and-ride, Metro Transit but stop, a grocery stores and other shops, and Anderson Lake Regional Park within walking distance, and a short drive to Eden Prairie Center. Sustainability features included LED lighting, low flow fixtures, recycling chute and central recycling collection. The development met the guidelines for 2020 Minnesota Overlay to Enterprise Green communities. It would utilize Excel Energy Design Assist Program to envelope, HVAC and lighting. There would be EV charging stations, rainwater harvesting for irrigation, a solar ready roof structure and electrical system and Energy Star appliances. There would be 52 apartments: 13 one-bedroom, 25 two-bedroom, 14 three- bedrooms apartments. Affordability is proposed with the project. Specifically, 47 of the units for residents who earned 60% of less of AMI and 5 units would be for residents who earned 80 percent or less of AMI. Worthington displayed an example of resident occupations of current properties which included realtor, delivery driver, teacher, hair stylist, and U.S. Postal worker. The apartment would have on-site property management with an on-site caretaker and maintenance staff. It was required for the property to place at least $28,350 into the property annually. There was a stringent approval process, including a criminal background check on every tenant and all would have to show ability to pay rent. There was also identity and employment verification, banking and rental history. The preliminary development schedule: land use approvals in August, 2020, the closing and start of construction would take place in April 2021, and construction would be complete in March, 2021. Worthington expected the building to be full by September, 2021. He went through the issues raised by neighbors during the outreach phase: there were objections to multi-family developments, but the development needed 52 units according to scored criteria to remain competitive. Removal of trees, the possibility of apartment residents cutting through the neighborhood to Jerry’s Foods and looking into house windows were also raised. Worthington saw no incentive to cut through the neighborhood at the path along the sidewalk was shorter. Noise and light were further concerns; disruptive behavior would be taken care of by on-site management. There was no evidence this development would affect property values. Mette asked if the developer reached out to the neighboring property owner to south to purchase that land as well. Worthington replied due to the wetlands and shape of the land that parcel was not developable. This parcel would remain green space and this was why the building was oriented as it was. Mette urged Worthington to consider this option if the density was an issue, and in order to PLANNING COMMISSION MINUTES July 13, 2020 Page 3 preserve the trees. Worthington replied buying more land would not solve the problem of density and configuration. There was also a cost issue. Mette asked for and received confirmation the developer was applying for 9percent tax credits. Klima added the vacant property to the south was owned by the Preserve and not available for inclusion. It had been set aside as open space as part of the density allowed as part of the Preserve project. Klima presented the staff report. The project included a 52-unit property at 18.25 units per acre. This exceeded the Comprehensive Plan allowance of 5-14 units per acre. In the Aspire 2040 Plan this parcel was identified as an infill property and the City looked at how to accommodate that need. This property was guided for medium-density development. There were site-specific conditions: the property ran along a major collector roadway, the configuration of property was long and narrow with wetlands on the site, and it did not connect to the residential area next to it. All of these were considered in the appropriate land use designation. The applicant requested the medium-high density allowing for vertically and horizontally stacked units. The property was currently zoned rural which is a typical zoning designation for a property that has not yet been developed; If the property were to be rezoned with consistent the current comprehensive plan guiding, it would be rezoned to RM-6.5. Staff provided other projects similar in nature in the staff report related to height, unit count, density, property size and proximity to single family development. The site had wetland on the east and west sides, and a woodchip trail was proposed along the western edge. The architecture met the City’s requirements and the design guidelines, and the material were in compliance with the exception of one of the façades, which 73 percent instead of 75 percent Class One and would have to be revised. The project included an affordability component with the majority of units being available at 60 AMI and a small amount at 80 AMI. The traffic analysis showed an increase of approximately 285 trips per day. There were waivers requested for density and site area (18.25 units per acre, and 2387 square feet instead of 2500 as allowed by Code). Another was for group usable open space which was a routine waiver seen with multi-family developments in Eden Prairie and which suggested to staff the Zoning ordinance might be outdated. The group usable open space proposed with this project was in line with other recently proposed developments. The third waiver requested was for the parking lot, specifically the parking stall length (18 feet instead of 19 feet) and drive aisle width (24 feet instead of 25 feet). This also has been requested for many other projects. The landscaping did meet Code requirements but the tree replacement did not; the applicant could meet this requirement by providing a payment in lieu of replacement. The developer did conduct outreach in two ways: a website to share information at which residents could submit questions, and a Zoom meeting. Multiple emails PLANNING COMMISSION MINUTES July 13, 2020 Page 4 were received and included in the staff report, also six emails received since the commissioners’ packet went out that were available on the table for Commissioners at this meeting. Mette asked for a specific percentage that made up the tree replacement calculation. Klima replied it was based on the size of the trees onsite. Twelve inches or more in diameter was required to be replaced and 30 inches or more was designated as a heritage tree requiring additional replacement requirements. Farr asked if the City would ordinarily locate this medium-high density next to single-family use. Klima replied there was an infill map in the Aspire 2040 document. There were roughly 30 parcels identified as infill and there could be a medium-high development next to a single-family development, but she would have to research this to confirm. Farr noted the speed limit on Hennepin Town Road was 45 mph and asked if this development would trigger a reexamination of that. Rue replied this was a straight road with good sightlines, so it would not. Erin Pomerantz, resident at Clark Circle, stated she was opposed to the rezoning. The Guide plan designated this property as medium density, and her petition collected 450 signees against this development. She stated she knew the lot needed to be developed but preferred townhomes or duplexes. She was also concerned about the environmental impact on wildlife. Over 40 houses would back up against this development, and there were deer and fox in the green space. She encouraged the developer to conduct an environmental impact study and save the heritage trees, adding they were a sound barrier near Highway 169. Townhomes would allow these trees to remain. She was also concerned about a connection of a sewer line from the building to the Clark Circle sewer line. And about snow removal. Mike Amundson stated he lived nearby and was concerned about traffic, adjacent property values, the safety of the neighborhood, and the privacy of the backyards of the adjacent properties. He wished a berm or fence at the perimeter to ensure no shortcuts. He was also concerned about the fate of heritage trees for a development that seemed out of place in the neighborhood. If the building was a no smoking building, he was concerned there would be smoking outside. Increased noise during construction and due to new neighbors in a relatively small area was also a potential detriment. The building seemed too large for the site and appeared “crammed in.” Jeremy Simonson, resident at Clark Circle, stated he was opposed to the project and the rezoning and to any potential waivers to the RM-2.5 multifamily zone. The placement of this property was unique relative to the single-family homes, but the apartment horseshoe layout design not different than other apartments. The City did a lot of work on the zoning recommendations and he did not want those changed. This was a sizeable building with parking benches in the western PLANNING COMMISSION MINUTES July 13, 2020 Page 5 part of the property and walking trails. He did not think this fit with the neighborhood. The potential of the wetland being deeded to the City would lower the 2.85 acres, creating an even smaller profile on which to build, and he thought the land was better suited to townhomes or duplexes. He stressed that fencing and berming was imperative and asked what the parties’ responsibilities for the deeded property, and who would be allowed to access that property. The tree replacement plan did not meet Code and he objected to the cash payment instead and asked that those funds be allotted for a park and require the developer to adhere to the Code. Matthew Eich, resident at Hampshire Lane, expressed concern this development would end up being Section 8 housing. The values of homes in the area ranged from $250,000.00 to $280,000.00 and the development could affect property values. He asked for the long-term goal of development. Kay Paulson, resident at Sherwood Place, stated it was difficult to make a left- hand turn on Linden Drive in the morning and evening, and expressed concern about additional traffic. In autumn of 2019 a large senior housing had been put in a mile away and she worried about the greater impact that plus this development would contribute. She was opposed to the rezoning and urged the commission to keep the site at medium density and allow townhouses and duplexes instead. Stephanie MacPhail, resident at Squire Lane, stated she often walked past this property and was concerned for wildlife. There was a need for green space and trees provided positive health impacts. The trees were one reason for buying homes in this area. She questioned the need for a development on this site in the first place. She was also concerned about adverse effects of runoff and the removal of mature trees. She cited an Audubon 2019 report concluding three billion birds had disappeared due to pesticides, window collisions, climate change and loss of habitat. This development part of the problem in her opinion. The continuing fracturing of habitat led also to more coyote interactions. She made a request: April was prime nesting season, and asked if the construction timeline could be changed, and bird-safe glass be incorporated into the design. She added three stories was high for the area and asked the developer to plant only native plants and to not use pesticide on the landscaping. Jamie Jensen stated he lived in the Preserve area for 36 years. His biggest concern was this development seemed to put five pounds of potatoes in a four-pound bag. Social distancing was mandated but now the City had a proposal for housing density. Population density did not help pandemic management. No one knew how long the current pandemic would last or what would happen with the next pandemic. It did not seem to be a healthy and smart thing to do, and he encouraged the commission members to consider this when voting. PLANNING COMMISSION MINUTES July 13, 2020 Page 6 MOTION: Markos moved, seconded by Higgins to close the public hearing. MOTION CARRIED 8-0. Worthington stated his firm conducted the Critical Habitat assessment, which identified three potentially threatened species: a snake, a bat, and a bumblebee. However, the habitats suitable for these species did not exist on this site. The landscaping would include bee-friendly plants. No Environmental Impact Statement was required for this development. He was not knowledgeable on the landscaping plan but the landscape architect would work with the City on appropriate plantings. The development would have a strong water management plan, with two underground filtration vaults that would discharge in a controlled rate into the existing wetlands. There would also be rainwater harvesting for an irrigation system. The wetland outland was being deeded to the City per City requirements. Klima agreed the City would take control of this property for preservation and maintenance. Worthington stated the most significant loss of trees would be along the north line where the parking lot was, and this was necessary for the development. There would be a seven-foot tall, solid fence along the north edge. This would also help with sound. Kirk stated he had a lot more confidence in the City’s ability to maintain wetlands than any property owner and found this is a positive step. Worthington stated other buildings by his firm had located buildings closer to other residential areas, and the management would not tolerate disruption from residents. He did not think residents would cut through other properties more than anyone else would. This would not be a Section 8 housing, though it would accept Section 8 vouchers. The target rent level was 60 percent AMI, which was $49,000.00 for a family of two and $62,000.00 for a family of four. There would 285 trips/day total, which meant peak hour trips would total 19 trips in the weekday morning and 23 in the afternoon. Toomey asked when the traffic analysis was conducted, and Worthington replied it was in the spring. It was an analysis the development would generate, not a counter placed on the street to measure actual current trips. Higgins asked how school buses would accommodate the children living in this development. Worthington replied he had not discussed this yet with the schools. Until the tenants were in place, this was speculative. Worthington stated this development had to compete with many groups for the tax credits. His firm did not build townhomes or duplexes, which could not generate the required density for the tax credits. PLANNING COMMISSION MINUTES July 13, 2020 Page 7 Markos asked for and received confirmation the number of units for surface parking was based on how many were needed that could not be accommodated underground. Farr stated he was torn. He liked the development model but good points had been brought up. The potential congestion was manageable. He approved of the building design and found an affordable development a positive step. It checked all of the boxes of the Aspire 2040 Plan. Unique screening solutions would help the proximity of this development to the single-family homes. He was not in favor of the higher density and wished to keep the guided land use for this site. He urged the developer to reduce the number of units from 52 to 40. This number of units would look the same but be shorter and improve the look. He noted that the homeowners’ association did not make an offer for the land to protect it from development. Kirk concurred and stated Farr’s remarks echoed his own comments. There were a lot of positives in this development, which was much needed. It would not be a blight, and would fit in well, but he shared Farr’s concerns regarding density. Drainage, however, would improve with this development. Having the City controlling these wetlands would ensure they were more protected than ever. He stated this supported the Aspire 2040 plan. The density, however, was a “bridge too far,” and he urged the developer to find the best solution, because this was not it. Mette stated she too liked the proposal. She added residents often did not appreciate what it took for a developer to go for the tax credit program. She was confident this would be a great project and well-maintained. There needed to be a fence along the north parking lot for screening. The spruce trees being planted there would help. This development would not contribute to congestion, and the question of avoiding Highway 169 by cutting through this development was a separate discussion. Density was the biggest issue, and at most medium density should be kept at this site. The entire neighborhood seemed to be in opposition to this development in its current form. She understood this could shut down this project and urged a creative solution be found. Pieper agreed he was also torn on this development. He agreed the drainage issue and wetland management would improve. He agreed with the need for more affordable housing, but he wished to stick with the guidelines of the Aspire 2040 Plan MOTION: Kirk moved, seconded by Farr to recommend the project maintain consistency with the Aspire 2040 guidelines of medium-density residential with a density of 5-14 dwelling units per acre. In order to maintain consistency, the plan must be redrawn using the standards of the RM-6.5 Zoning District. Because the redraw would require rezoning and different waiver requests, further staff analysis would be required. MOTION CARRIED 7-1 with one nay vote (Higgins). PLANNING COMMISSION MINUTES July 13, 2020 Page 8 VI. PLANNERS’ REPORT VII. MEMBERS’ REPORTS VIII. ADJOURNMENT MOTION: Kirk moved, seconded by Toomey to adjourn. MOTION CARRIED 8-0. The meeting was adjourned at 8:23 p.m. The following pages include a petition and comments submitted by Garrett Pommeranz on behalf of all who signed the petition Comments Name Location Date Comment Megan Smith Eden Prairie, MN 2020-05-21 "I am concerned about the harm resulting from their destroying wetlands as well as the dangerous precident this could set with zoning codes if this passes. This could make it easier for other developers to come in and argue to preserve other zoning codes and destroy more nature in EP. I also am concerned that a low income specific apartment building might decrease property value in the area and potentially lead to a spike in crime in an area that already has had a string of violent crimes over the past year." Carolyn Post Eden Prairie, MN 2020-05-21 "We need to protect the home values in Eden prairie." Kerry Brons Minneapolis, MN 2020-05-21 "The amount of extra car traffic is part of what really got to me. I have a tween kiddo who likes to bike in the area, and another kid who is just waiting to be allowed to go a little further without me in his direct presence. We chose this area because of its proximity to the grocery store and the highway, but the walkability numbers would go way down with so much more traffic to contend with!" Lindsey Christ Minneapolis, MN 2020-05-21 "I do not want such a large building and number of residents to change the character and environment of the neighborhood. I would support a smaller structure for less traffic, lower building profile, and less degradation of the green space in this area." Brian Hathaway Eden Prairie, MN 2020-05-21 "Eden prairie is known for its natural beauty. Let's keep it that way." Linda Pommeranz Waterville, MN 2020-05-22 "This housing unit does not belong in a neighborhood such as this. Leave the wetland area as it is!" Susan Smerz Eden Prairie, MN 2020-05-22 "We need to zone residential areas as low density, so with houses nearby please do not build a large unit that towers over homes in our town!" Mary Lou Christenson Minneapolis, MN 2020-05-22 "I'm signing this to support my friends." Kelly Clement US 2020-05-22 "Give me a break. EP must be desperate" TROY RICKHEIM BLOOMINGTON, MN 2020-05-23 "We don't need this. Why destroy another nice nature area." Jenn Herron Bloomington, MN 2020-05-23 "Other than taxes, there is no reason to exceed the capacity already zoned for the area. It's a quick fix for city income but eventually those taxes will be needed for road maintenance, accident reduction, and virus response efforts which are all necessary with dense populations. Keep it zoned for its capacity." Gary Grammens Bloomington, MN 2020-05-23 "That area is not suitable for high density apartments. I agree with my neighbors who live closer." Dennis Weiss Eden Prairie, MN 2020-05-23 "Enough Apartment complexes in Eden Prairie already we need to keep our home values up" Name Location Date Comment Donna Crawford Eden Prairie, MN 2020-05-23 "Enough of this! They are destroying eden prairie with all this crap!" Julia DePew Eden Prairie, MN 2020-05-23 "The loss of wetlands and trees has a negative effect on the wildlife that makes the Preserve so beautiful." Allison Hofmeister Shakopee, MN 2020-05-23 "It’s so disturbing and upsetting to me to see the constant clearing of land to build yet another apartment complex, or grocery store, or whatever it may be. Why not build in a place that has already had a structure on it ready to be renovated or torn down and rebuilt? Too many animals are losing their homes. Too many beautiful trees and wooded areas are being destroyed for selfish reasons. It needs to stop." Natasha Scovill Saint Paul, MN 2020-05-23 "Protect the environment" Gail Cheney Eden Prairie, MN 2020-05-24 "This area is too compact already. Traffic is bad at rush hour because Hennepin Town Rd is used as a thorough fare to 169." Cathy Neumann Minneapolis, MN 2020-05-24 "There seem to be so many apartment complexes available now, don't know why more are needed. So much traffic on Townline now." Jeff Gerst Eden Prairie, MN 2020-05-24 "I have lived in the neighborhood for 20 years. I am not a NIMBY-person. I recognize something will go in this space, but rezoning it for this for a medium density development is not an appropriate use for this space and will have a negative impact." Corby Ziesman Santa Clara, CA 2020-05-24 "I don't want to see the loss of the area behind the house I grew up in." Nancy Holte Eden Prairie, MN 2020-05-24 "Nancy Holte" Amber Ballman Hopkins, MN 2020-05-24 "I'm signing this because there are way too many apartment buildings in this city to begin with! It just makes the city look crimee and it wipes out the little bit of wildlife we have left shame on you people!" Gretta Simonson Eden Prairie, MN 2020-05-24 "Not the right place for this in Eden Prairie. This would invade a neighborhood surrounded by wetlands and established trees. It would push the wildlife out. Traffic on Hennepin Town Rd is already a problem at times. This would add to it." April Prchal Eden Prairie, MN 2020-05-24 "I live right there and walk by everyday with my dog! That would be horrible to see an apartment complex go there! Not happy!" Jessica Robinson Eden Prairie, MN 2020-05-25 "There are so many vacant empty commercial spaces around Eden Prairie. Why not rezone one of those spaces and turn them into apartments. Instead of destroying more natural land and turning into cement walls. Preserve the “The Perserve”. Btw traffic can be a nightmare when 169 is backed up. Hennepin Town road can’t handle more traffic." Hetal Agrawal Eden Prairie, MN 2020-05-25 "That quiet, remote area is not a good location for an apartment complex. Traffic on hennepin rd would be horrendous." Name Location Date Comment Marcine McBride West Babylon, NY 2020-05-25 "These developers are crooks. They constantly want to rezone into higher density housing. They have no concern about the people already living in the area. All they care about is more money in their pockets. It's called white collar crime. They shouldn't be allowed to develop there at all. They're just destroying more environment and wildlife we so desperately need. Make it law that they require the public's approval for any future plans." Catherine Groat Eden Prairie, MN 2020-05-25 "I want to keep as much nature preserved in Eden Prairie as possible. That is one of the best things about this town!" Jen Peruzzi Eden Prairie, MN 2020-05-26 "I am signing because we need to take a pause on the development that is going like gang busters in Eden Prairie. Paying mind to what it does to our green spaces and increased burden on infrastructure" Pauline Rohrman Minneapolis, MN 2020-05-26 "I am opposed to the significant increased volume of traffic this apartment building will place on an already overtaxed 2-lane road." Ahki Petite Eden Prairie, MN 2020-05-26 "Because developers are greedy! And want to destroy nature to build over priced and cheaply made apartments that no one needs" Kimlinh Bui Eden Prairie, MN 2020-05-26 "From a traffic perspective, what a terrible location for an apartment complex. If EP was laid out in a grid (like Minneapolis) with multiple routes of ingress/egress, this wouldn't be a problem. But with a bunch of winding roads, dead ends/cul-de-sacs, our streets just aren't set up to handle heavy traffic flow. EP was set up to be a suburban haven. 50-100 extra cars getting from this dead-end area that's closed off by Hwy 169 means bottlenecks getting to/from Anderson Lakes Parkway." Rachel Hicks Eden Prairie, MN 2020-05-26 "This will be detrimental to the character of this area!" Pasupathi Madheswaran Eden Prairie, MN 2020-05-27 "I support this petition" Harvey Andruss Minneapolis, MN 2020-05-27 "Ruining wetlands and mature trees to put up a project with odd access via Anderson Lakes (Jerry's) or Pioneer Trail (Walgreens) is really dumb. There are better spots in EP. Look along 212" Lakshmi Bagavathiraj Eden Prairie, MN 2020-05-27 "Lakshmi bagavathiraj" diane esterley eden prairie, MN 2020-05-29 "I do not want an apartment bldg. spoiling our neighborhood." Mike Amundson Eden Prairie, MN 2020-05-31 "I am not in favor of re-zoning this area. I enjoy the serenity of wildlife and looking at the trees in the back of my property, most of which would be taken down in order to accommodate a 3-story building that I do not want to look at. This does not fit well in my neighborhood of single-family homes and I think there are other, better-suited places to build this. Had something like this existed before I bought my house, I would not have purchased in this location. I am also concerned about the increased traffic along Hennepin Town Road that this would bring. Please keep this neighborhood an attractive place to live!" Ann Reed Minneapolis, MN 2020-06-07 "We need less overcrowding in a nature preserve. Less traffic flow." Name Location Date Comment David Saari Minneapolis, MN 2020-06-11 "Our single family split level housing neighborhood doesn't want or need a 3 story high density housing complex built here." Brandon Hesby Eden Prairie, MN 2020-06-16 "My family would be fortunate that ours isn’t one of the houses that backs up to the parking lots, but I would feel horrible for all of these people as this would change the landscape tremendously for them. The wildlife is one of my favorite parts of living in this area and wiping out all of these trees would destroy this habitat. Lastly, I can’t imagine crowding Hennepin town Road with more traffic, it already struggles during rush hours." Stephanie MacPhail eden prairie, MN 2020-06-16 "This is why 3 billion birds have been lost since the 70s. Enough already." Laura Casey Eden Prairie, MN 2020-06-17 "Tired of properties being built like this in our city." Stacey Stelter Eden Prairie, MN 2020-06-17 "That area is incredibly busy an" Susan bissonette Bissonette Saint Paul, MN 2020-06-18 "I’m concerned and oppose" Barbara Buehl Eden Prairie, MN 2020-06-19 "this is too high density for the size of the space. ItThe Senior living facility across the road is a good example with almost no yard for the residents to enjoy. This decreases the quality of life for not only the people living there but also for the neighborhoods." Jacob Schmitz Eden Prairie, MN 2020-07-01 "If they want to build, fine. But follow the law. Don't change the zoning rules." Name City State Zip Country Signed On colleen lindberg Bloomington MN 55438 US 5/21/2020 TROY RICKHEIM Bloomington MN 55438 US 5/23/2020 Jenn Herron Bloomington MN 55418 US 5/23/2020 Nick Johnson Bloomington MN 55438 US 5/23/2020 Gillian and Robert Machacek Bloomington MN 55438 US 5/23/2020 Gary Grammens Bloomington MN 55438 US 5/23/2020 Michael J. McNamara Bloomington MN 55438 US 5/24/2020 Terry Lubbers Bloomington MN 55438 US 5/25/2020 Garrett Pommeranz Eden Prairie MN US 5/19/2020 CLAIRE RODEN Eden Prairie MN 55347 US 5/21/2020 Erin Pommeranz Eden Prairie MN 55347 US 5/21/2020 ANGELA MCKAY Eden Prairie MN 55347 US 5/21/2020 Josie Fechner Eden Prairie MN 55347 US 5/21/2020 Mark Burns Eden Prairie MN 55347 US 5/21/2020 Megan Smith Eden Prairie MN 55347 US 5/21/2020 Lindsey Christ Eden Prairie MN 55347 US 5/21/2020 Brooke Barrett Eden Prairie MN 55347 US 5/21/2020 Kimberly Blasy Eden Prairie MN 55347 US 5/21/2020 Heather Hirschey Eden Prairie MN 55347 US 5/21/2020 Dan Forseth Eden Prairie MN 55347 US 5/21/2020 Corey Langreck Eden Prairie MN 55347 US 5/21/2020 Lori Langreck Eden Prairie MN 55347 US 5/21/2020 Carolyn Post Eden Prairie MN 55347 US 5/21/2020 Zach Lovering Eden Prairie MN 55434 US 5/21/2020 Alicia Ortiz Eden Prairie MN 55347 US 5/21/2020 Kelsey Gempeler Eden Prairie MN 55347 US 5/21/2020 Beth Yeh Eden Prairie MN 55346 US 5/21/2020 Annette Oconnor Eden Prairie MN 55347 US 5/21/2020 Brenda Haag Eden Prairie MN 55347 US 5/21/2020 Linda Nelson Eden Prairie MN 55347 US 5/21/2020 Kiah Hammer Eden Prairie MN 55347 US 5/21/2020 Mitchell Post Eden Prairie MN 55347 US 5/21/2020 Kerry Brons Eden Prairie MN 55347 US 5/21/2020 Marnee Lovering Eden Prairie MN 55347 US 5/21/2020 Holly Carlstedt Eden Prairie MN 55347 US 5/21/2020 MaryElizabeth Scoonover-Nelso Eden Prairie MN 55347 US 5/21/2020 Marlys Olson Eden Prairie MN 55347 US 5/21/2020 Kurt Haag Eden Prairie MN 55347 US 5/21/2020 Joseph Stecher Eden Prairie MN 55347 US 5/21/2020 Greg Roden Eden Prairie MN 55347 US 5/21/2020 Carol Beveroth Eden Prairie MN 55347 US 5/21/2020 Kari Schmidt Eden Prairie MN 55347 US 5/21/2020 Ammani Al-Yousifi Eden Prairie MN 55347 US 5/21/2020 Jennifer Martin Eden Prairie MN 55347 US 5/21/2020 Aaron Martin Eden Prairie MN 55347 US 5/21/2020 Gretta Simonson Eden Prairie MN 55347 US 5/21/2020 Brian Lohnes Eden Prairie MN 55347 US 5/21/2020 Kimberly Hyde-Strand Eden Prairie MN 55347 US 5/21/2020 Debra Lett Eden Prairie MN 55347 US 5/21/2020 Kirsten Larkin Eden Prairie MN 55347 US 5/21/2020 Brian Hathaway Eden Prairie MN 55347 US 5/21/2020 Lynda Levering Eden Prairie MN 55347 US 5/21/2020 Anna Czech Eden Prairie MN 55347 US 5/21/2020 Lindsey Vandrovec Eden Prairie MN 55346 US 5/21/2020 Steve Levering Eden Prairie MN 55347 US 5/22/2020 Luke Krebs Eden Prairie MN 55347 US 5/22/2020 donald nelson Eden Prairie MN 55347 US 5/22/2020 Mary Krebs Eden Prairie MN 55347 US 5/22/2020 Mark Frisvold Eden Prairie MN 55344 US 5/22/2020 Peggy Gile Eden Prairie MN 55347 US 5/22/2020 Kristen Forseth Eden Prairie MN 55347 US 5/22/2020 Julie Burns Eden Prairie MN 55347 US 5/22/2020 Karen Stahl Eden Prairie MN 55347 US 5/22/2020 Brad Williams Eden Prairie MN 55347 US 5/22/2020 Matt Czech Eden Prairie MN 55347 US 5/22/2020 Susan Smerz Eden Prairie MN 55344 US 5/22/2020 Fru Louis Eden Prairie MN 55347 US 5/22/2020 Paul Reiling Eden Prairie MN 55347 US 5/22/2020 Melissa McKibben Eden Prairie MN 55344 US 5/22/2020 john katzung Eden Prairie MN 55344 US 5/22/2020 Sue Fetter Eden Prairie MN 55347 US 5/22/2020 Marie Garberg Eden Prairie MN 55344 US 5/22/2020 Denise Morgan Eden Prairie MN 55347 US 5/22/2020 Stephanie Smith Eden Prairie MN 55347 US 5/22/2020 Louisa Neetenbeek Eden Prairie MN 55347 US 5/22/2020 Debra Cross Eden Prairie MN 55347 US 5/22/2020 Kay Lundquist Eden Prairie MN 55347 US 5/22/2020 Jeanne Carsello Eden Prairie MN 55347 US 5/22/2020 Jodi Deikel Eden Prairie MN 55347 US 5/22/2020 Marianne Andela Eden Prairie MN 55344 US 5/23/2020 Kim Floyd Eden Prairie MN 55347 US 5/23/2020 Libby Lasley Eden Prairie MN 55347 US 5/23/2020 Jordan Lippitt Eden Prairie MN 55347 US 5/23/2020 Andrea Zigrino Eden Prairie MN 55347 US 5/23/2020 Mark Steigerwald Eden Prairie MN 55347 US 5/23/2020 David Arens Eden Prairie MN 55347 US 5/23/2020 Janet Bell Eden Prairie MN 55347 US 5/23/2020 Traci Bartz Eden Prairie MN 55347 US 5/23/2020 Kathy Lund Eden Prairie MN 55347 US 5/23/2020 Cheryl Mellem Eden Prairie MN 55346 US 5/23/2020 Peggy Aguilar Eden Prairie MN 55347 US 5/23/2020 Rich Wesely Eden Prairie MN 55347 US 5/23/2020 Sam Bell Eden Prairie MN 55347 US 5/23/2020 Mark Kronlokken Eden Prairie MN 55347 US 5/23/2020 Sehan Adan Eden Prairie MN 55347 US 5/23/2020 Ricardo Ortiz Eden Prairie MN 55347 US 5/23/2020 Henry Larson Eden Prairie MN 55347 US 5/23/2020 Partha Kopuru Eden Prairie MN 55344 US 5/23/2020 Sharon Spinharney Eden Prairie MN 55347 US 5/23/2020 Chris Yoerks Eden Prairie MN 55347 US 5/23/2020 Deborah Holman Eden Prairie MN 55347 US 5/23/2020 Katie Taubel Eden Prairie MN 55347 US 5/23/2020 Pam olsen Eden Prairie MN 55347 US 5/23/2020 Bruce Schiemo Eden Prairie MN 55347 US 5/23/2020 Rosalyn Nosco Eden Prairie MN 55347 US 5/23/2020 Sarah Johnson Eden Prairie MN 55347 US 5/23/2020 Dennis Weiss Eden Prairie MN 55344 US 5/23/2020 Patrick Moore Eden Prairie MN 55347 US 5/23/2020 Robert Carlson Eden Prairie MN 55347 US 5/23/2020 Pat Peterson Eden Prairie MN 55347 US 5/23/2020 Hans Sepp Eden Prairie MN 55347 US 5/23/2020 Cheryl Fiore Eden Prairie MN 55347 US 5/23/2020 Julie Yoemans Eden Prairie MN 55347 US 5/23/2020 Farhat Kokan Eden Prairie MN 55347 US 5/23/2020 Donna Crawford Eden Prairie MN 55347 US 5/23/2020 Christine Arnold Eden Prairie MN 55347 US 5/23/2020 Susan Robertson Eden Prairie MN 55347 US 5/23/2020 Julia DePew Eden Prairie MN 55347 US 5/23/2020 Steve Pierson Eden Prairie MN 55347 US 5/23/2020 Doug English Eden Prairie MN 55347 US 5/23/2020 Gayle Haugen Eden Prairie MN 55347 US 5/23/2020 Mike and Sheryl Bassett Eden Prairie MN 55347 US 5/23/2020 Miranda Stubbs Eden Prairie MN 55347 US 5/23/2020 Heather McCartan Eden Prairie MN 55347 US 5/23/2020 Kari Rohde Eden Prairie MN 55347 US 5/23/2020 Joan Thomas Eden Prairie MN 55347 US 5/23/2020 Suzanne Murphy Eden Prairie MN 55344 US 5/23/2020 Patricia deLeon Eden Prairie MN 55347 US 5/23/2020 Rich Johnson Eden Prairie MN 55347 US 5/23/2020 Virginia Johnson Eden Prairie MN 55347 US 5/23/2020 Susan Wolfe Eden Prairie MN 55347 US 5/23/2020 Jamie Jensen Eden Prairie MN 55347 US 5/23/2020 barb piotrowski Eden Prairie MN 55347 US 5/23/2020 Stephen Taubel Eden Prairie MN 55347 US 5/23/2020 Peggy Mitchell Eden Prairie MN 55347 US 5/23/2020 Amy Nylander Eden Prairie MN 55347 US 5/23/2020 June Yang Eden Prairie MN 55347 US 5/23/2020 Nudrat Qidwai Eden Prairie MN 55344 US 5/23/2020 Boni Berndt Eden Prairie MN 55347 US 5/23/2020 Kristina Daniels Eden Prairie MN 55347 US 5/23/2020 Mark Shockey Eden Prairie MN 55347 US 5/23/2020 Tom Finnegan Eden Prairie MN 55347 US 5/23/2020 Connie Pollock Eden Prairie MN 55347 US 5/23/2020 Kelsey Weber Eden Prairie MN 55344 US 5/23/2020 Vikram Namjoshi Eden Prairie MN 55347 US 5/23/2020 Lisa Stankiewicz Eden Prairie MN 55347 US 5/23/2020 Nancy McNeill Eden Prairie MN 55347 US 5/23/2020 Brandon Anderson Eden Prairie MN 55347 US 5/23/2020 William Efron Eden Prairie MN 55347 US 5/23/2020 Mudzingwa Mhiripiri Eden Prairie MN 55347 US 5/23/2020 Ron and Anita Otten Eden Prairie MN 55347 US 5/23/2020 Jessie Rojas Eden Prairie MN 55347 US 5/23/2020 Barb Kronlokken Eden Prairie MN 55347 US 5/23/2020 Michele Rogat Eden Prairie MN 55347 US 5/23/2020 Tim Rogat Eden Prairie MN 55347 US 5/23/2020 Sue Johnson Eden Prairie MN 55347 US 5/23/2020 Betty Bjorkman Eden Prairie MN 55347 US 5/24/2020 Susanne Hoy Eden Prairie MN 55347 US 5/24/2020 CATHERINE gRISHAM Eden Prairie MN 55347 US 5/24/2020 Lynn Johnson Eden Prairie MN 55347 US 5/24/2020 Gail Cheney Eden Prairie MN 55347 US 5/24/2020 Mark Anderson Eden Prairie MN 55344-40US 5/24/2020 Brian Potter Eden Prairie MN 55347 US 5/24/2020 Mike OFallon Eden Prairie MN 55347 US 5/24/2020 Julia Anderson Eden Prairie MN 55347 US 5/24/2020 Michon McGuire Eden Prairie MN 55347 US 5/24/2020 kelly vigil Eden Prairie MN 55347 US 5/24/2020 Sharon Burstein Eden Prairie MN 55347 US 5/24/2020 Nilu Namjoshi Eden Prairie MN 55347 US 5/24/2020 Jeffrey Busch Eden Prairie MN 55347 US 5/24/2020 Tim Shea Eden Prairie MN 55347 US 5/24/2020 Farzana Allabasha Eden Prairie MN 55347 US 5/24/2020 Jeff Gerst Eden Prairie MN 55347 US 5/24/2020 Sudhir Kumar Eden Prairie MN 55347 US 5/24/2020 Manpreet Kaur Eden Prairie MN 55347 US 5/24/2020 Richelle Dart Eden Prairie MN 55347 US 5/24/2020 Melissa Konrad Eden Prairie MN 55347 US 5/24/2020 Stacy Lewis Eden Prairie MN 55347 US 5/24/2020 Sharon Affolter Eden Prairie MN 55347 US 5/24/2020 Jeffrey Wilkins Eden Prairie MN 55344 US 5/24/2020 Pat Paterson Eden Prairie MN 55347 US 5/24/2020 Annemarie Kraft Eden Prairie MN 55347 US 5/24/2020 Tasha Wall Eden Prairie MN 55347 US 5/24/2020 Pete Truhlar Eden Prairie MN 55347 US 5/24/2020 Nancy Holte Eden Prairie MN 55347 US 5/24/2020 C Dietrich Eden Prairie MN 55347 US 5/24/2020 Barbara Rightler Eden Prairie MN 55344 US 5/24/2020 Howard Greenspan Eden Prairie MN 55347 US 5/24/2020 Lisa Truhlar Eden Prairie MN 55347 US 5/24/2020 Christina Swindlehurst Eden Prairie MN 55347 US 5/24/2020 Rebecca Weiler Eden Prairie MN 55347 US 5/24/2020 Laurie Turner Eden Prairie MN 55347 US 5/24/2020 Rebecca Hepper Eden Prairie MN 55344 US 5/24/2020 Darren Hepper Eden Prairie MN 55344 US 5/24/2020 Steven Bartz Eden Prairie MN 55347 US 5/24/2020 Gary Meyer Eden Prairie MN 55347 US 5/24/2020 Mike Mitchell Eden Prairie MN 55347 US 5/24/2020 Karen Kammer Eden Prairie MN 55347 US 5/24/2020 Mary Ronnei Eden Prairie MN 55347 US 5/24/2020 Krisha Hamblin Eden Prairie MN 55344 US 5/24/2020 Jennifer Weismann Eden Prairie MN 55347 US 5/24/2020 Erica Carlson Eden Prairie MN 55347 US 5/24/2020 Irina Chertkova Eden Prairie MN 55347 US 5/24/2020 Charity Mohs Eden Prairie MN 55347 US 5/24/2020 Ryan Mohs Eden Prairie MN 55347 US 5/24/2020 Karen Luchau Eden Prairie MN 55347 US 5/24/2020 Jeannie Welter Eden Prairie MN 55347 US 5/24/2020 jenn nienaber Eden Prairie MN 55346 US 5/24/2020 Carolyn Kronlokken Eden Prairie MN 55347 US 5/24/2020 Steph Hamelbeck Eden Prairie MN 55347 US 5/24/2020 Nichole Hamelbeck Eden Prairie MN 55347 US 5/24/2020 Jennifer Allen Eden Prairie MN 55347 US 5/24/2020 Daniel Rude Eden Prairie MN 55347 US 5/24/2020 Nancy Schiel Eden Prairie MN 55346 US 5/24/2020 Travis LaClair Eden Prairie MN 55347 US 5/24/2020 Melissa Hutchison Eden Prairie MN 55347 US 5/24/2020 Paula Wyman Eden Prairie MN 55347 US 5/24/2020 Rhonda Sorenson Eden Prairie MN 55347 US 5/24/2020 Brent Hovis Eden Prairie MN 55347 US 5/24/2020 Kate Kadlec Eden Prairie MN 55347 US 5/24/2020 April Prchal Eden Prairie MN 55347 US 5/24/2020 Jessica Robinson Eden Prairie MN 55347 US 5/25/2020 Tabitha Addy Eden Prairie MN 55347 US 5/25/2020 Michael Talamantes Eden Prairie MN 55347 US 5/25/2020 Hetal Agrawal Eden Prairie MN 55347 US 5/25/2020 Mohamed Osman Eden Prairie MN 55347 US 5/25/2020 Gayla Jensen Eden Prairie MN 55347 US 5/25/2020 Dmitry Luzhansky Eden Prairie MN 55346 US 5/25/2020 Key Key Denise Eden Prairie MN 55347 US 5/25/2020 Linda Marek Eden Prairie MN 55347 US 5/25/2020 Eric Vinson Eden Prairie MN 55346 US 5/25/2020 Bob Aho Eden Prairie MN 55347 US 5/25/2020 Danielle Shamsi Eden Prairie MN 55347 US 5/25/2020 Jeremy Mogard Eden Prairie MN 55347 US 5/25/2020 Michelle Swensen Eden Prairie MN 55347 US 5/25/2020 Morgan Anderson Eden Prairie MN 55344 US 5/25/2020 Liz Johnson Eden Prairie MN 55347 US 5/25/2020 Erin Skinner Eden Prairie MN 55347 US 5/25/2020 Swapnil Salunke Eden Prairie MN 55347 US 5/25/2020 Jillian Mittelmark Eden Prairie MN 55347 US 5/25/2020 Victoria Wallisch Eden Prairie MN 55347 US 5/25/2020 Dean Terry Eden Prairie MN 55346 US 5/25/2020 Thalassa Martinez Eden Prairie MN 55344 US 5/25/2020 Andre Mittelmark Eden Prairie MN 55347 US 5/25/2020 Cheri Booth Eden Prairie MN 55347 US 5/25/2020 Cheryl Krausr Eden Prairie MN 55347 US 5/25/2020 Katie Asleson Eden Prairie MN 55437 US 5/25/2020 Lisa Robertson Eden Prairie MN 55347 US 5/25/2020 Catherine Groat Eden Prairie MN 55344 US 5/25/2020 Corlyss Affeldt Eden Prairie MN 55347 US 5/25/2020 Shelley Goodall Eden Prairie MN 55347 US 5/25/2020 Beth Sims Eden Prairie MN 55347 US 5/25/2020 Kasey Morrissette Eden Prairie MN 55347 US 5/25/2020 Angie Von Ruden-Doll Eden Prairie MN 55347 US 5/25/2020 John Culbert Eden Prairie MN 55347 US 5/25/2020 Kelly Hopper Eden Prairie MN 55347 US 5/25/2020 Stacy Thielen Eden Prairie MN 55347 US 5/25/2020 Jen Peruzzi Eden Prairie MN 55347 US 5/26/2020 Jeremy Simonson Eden Prairie MN 55347 US 5/26/2020 Ann Larson Eden Prairie MN 55347 US 5/26/2020 Ashley Bloch Eden Prairie MN 55347 US 5/26/2020 Christopher Burval Eden Prairie MN 55347 US 5/26/2020 Joann Shockey Eden Prairie MN 55347 US 5/26/2020 Jennifer Zupancic Eden Prairie MN 55344 US 5/26/2020 Cullen Harder Eden Prairie MN 55347 US 5/26/2020 Jay Sankiewicz Eden Prairie MN 55347 US 5/26/2020 Mark Rode Eden Prairie MN 55347 US 5/26/2020 Ingrid Rojas Eden Prairie MN 55347 US 5/26/2020 Lisa Siggia Eden Prairie MN 55347 US 5/26/2020 Ged Smith Eden Prairie MN 55347 US 5/26/2020 Ahki Petite Eden Prairie MN 55345 US 5/26/2020 P Mendenhall Eden Prairie MN 55347 US 5/26/2020 Al Farkas Eden Prairie MN 55347 US 5/26/2020 Patricia Nelson Eden Prairie MN 55347 US 5/26/2020 Lindsay Rofidal Eden Prairie MN 55344 US 5/26/2020 Derrick Goubeaux Eden Prairie MN 55347 US 5/26/2020 Kimlinh Bui Eden Prairie MN 55347 US 5/26/2020 Ritu Khatri Eden Prairie MN 55347 US 5/26/2020 MICHAEL Dahl Eden Prairie MN 55347 US 5/26/2020 William LeDuc Eden Prairie MN 55347 US 5/26/2020 Les Moore Eden Prairie MN 55347 US 5/26/2020 Rachel Hicks Eden Prairie MN 55347 US 5/26/2020 Jana Feld Eden Prairie MN 55347 US 5/26/2020 Melissa Schwamb Eden Prairie MN 55347 US 5/26/2020 Suzanne Woolery Eden Prairie MN 55347 US 5/26/2020 Margaret LeDuc Eden Prairie MN 55347 US 5/26/2020 Lisa Foust Eden Prairie MN 55344 US 5/26/2020 Becky Farniok Eden Prairie MN 55347 US 5/26/2020 Julie hawkins Eden Prairie MN 55346 US 5/26/2020 Rebecca Des Lauriers Eden Prairie MN 55347 US 5/27/2020 Ryan Petersen Eden Prairie MN 55346 US 5/27/2020 Jason Dahl Eden Prairie MN 55346 US 5/27/2020 Mike Jacobson Eden Prairie MN 55347 US 5/27/2020 Helene Clark Eden Prairie MN 55347 US 5/27/2020 Maggie Perrill Eden Prairie MN 55347 US 5/27/2020 Ashlie Howard Eden Prairie MN 55347 US 5/27/2020 Ken Kloss Eden Prairie MN 55346 US 5/27/2020 Molly Brooks Eden Prairie MN 55347 US 5/27/2020 Holly Doble Eden Prairie MN 55347 US 5/27/2020 Kris Kotars Eden Prairie MN 55347 US 5/27/2020 Emily Watson Eden Prairie MN 55347 US 5/27/2020 Mona Khan Eden Prairie MN 55347 US 5/27/2020 Matthew Matousek Eden Prairie MN 55347 US 5/27/2020 Raynee Meyer Eden Prairie MN 55346 US 5/27/2020 Hayley Lhotka Eden Prairie MN 55347 US 5/27/2020 Jeffrey Nelson Eden Prairie MN 55347 US 5/27/2020 Judy Bergren Eden Prairie MN 55347 US 5/27/2020 Denise Terry Eden Prairie MN 55346 US 5/27/2020 Nikhil Joshi Eden Prairie MN 55346 US 5/27/2020 Pasupathi Madheswaran Eden Prairie MN 55347 US 5/27/2020 Saumya Musalgaonkar Eden Prairie MN 55347 US 5/27/2020 Srinivas Bonthu Eden Prairie MN 55347 US 5/27/2020 Kedar Kadlaskar Eden Prairie MN 55346 US 5/27/2020 Ashish Agrawal Eden Prairie MN 55347 US 5/27/2020 Sivakumar Nittala Eden Prairie MN 55346 US 5/27/2020 Bhawna Senger Eden Prairie MN 55347 US 5/27/2020 Sadhana Bhoyar Eden Prairie MN 55347 US 5/27/2020 Lakshmi Bagavathiraj Eden Prairie MN 55347 US 5/27/2020 Aravind Janarthanan Eden Prairie MN 55347 US 5/27/2020 Diane Weidler Eden Prairie MN 55347 US 5/27/2020 Laurie Brase Eden Prairie MN 55347 US 5/27/2020 Neeraj Sharma Eden Prairie MN 55347 US 5/27/2020 Satya Karri Eden Prairie MN 55346 US 5/27/2020 Venkat Iyer Eden Prairie MN 55347 US 5/28/2020 Ramya N Eden Prairie MN 55347 US 5/28/2020 Sneha Joshi Eden Prairie MN 55346 US 5/28/2020 Anjan Kukkapalli Eden Prairie MN 55347 US 5/28/2020 Megan Larsen Eden Prairie MN 55347 US 5/28/2020 Anurag Nautiyal Eden Prairie MN 55347 US 5/28/2020 Niyanta Pancholi Eden Prairie MN 55347 US 5/28/2020 Kathy Pietig Eden Prairie MN 55347 US 5/28/2020 Tweety Sanchez Eden Prairie MN 55347 US 5/28/2020 Carmen Bamlett Eden Prairie MN 55347 US 5/28/2020 Sue Freese Eden Prairie MN 55347 US 5/28/2020 Phyllis and Bob Porter Eden Prairie MN 55347 US 5/28/2020 Carolyn Daugherty Eden Prairie MN 55347 US 5/29/2020 Bob Porter Eden Prairie MN 55347 US 5/29/2020 Susan Prin Eden Prairie MN 55347 US 5/29/2020 Jesse Freese Eden Prairie MN 55347 US 5/29/2020 diane esterley Eden Prairie MN 55347 US 5/29/2020 Carie Ritchie Eden Prairie MN 55347 US 5/29/2020 Katie Lund Eden Prairie MN 55347 US 5/29/2020 Kimberly Langer Eden Prairie MN 55347 US 5/29/2020 Mary Esmond Eden Prairie MN 55347 US 5/29/2020 John Anderson Eden Prairie MN 55344 US 5/29/2020 Kerry Wrazen Eden Prairie MN 55347 US 5/29/2020 Diana Levi Eden Prairie MN 55347 US 5/29/2020 Sue Levi Eden Prairie MN 55347 US 5/29/2020 Joyce Briese Eden Prairie MN 55347 US 5/30/2020 josh Levi Eden Prairie MN 55347 US 5/30/2020 Sheila Kihne Eden Prairie MN 55347 US 5/30/2020 Bryan Cravens Eden Prairie MN 55347 US 5/31/2020 Scott Eisenschenk Eden Prairie MN 55347 US 5/31/2020 Jana Moore Eden Prairie MN 55347 US 5/31/2020 Linda Wegner Eden Prairie MN 55347 US 5/31/2020 Sarah Schlieman Eden Prairie MN 55347 US 5/31/2020 Mike Amundson Eden Prairie MN 55347 US 5/31/2020 Stacey Koehler Eden Prairie MN 55347 US 5/31/2020 Andrew Peterson Eden Prairie MN 55347 US 6/1/2020 Brian Peterson Eden Prairie MN 55347 US 6/1/2020 Elisabeth Peterson Eden Prairie MN 55347 US 6/1/2020 Mike England Eden Prairie MN 55347 US 6/1/2020 Patty Santos Eden Prairie MN 55347 US 6/1/2020 khaleda M Eden Prairie MN 55347 US 6/2/2020 Amy LaClair Eden Prairie MN 55347 US 6/2/2020 CATHY MEYER Eden Prairie MN 55347 US 6/2/2020 Deb Williams Eden Prairie MN 55347 US 6/2/2020 Benjamin Brooks Eden Prairie MN 55347 US 6/3/2020 Craig Meierhofer Eden Prairie MN 55347 US 6/3/2020 Cory Mattson Eden Prairie MN 55347 US 6/3/2020 Frances Jacobs Eden Prairie MN 55347 US 6/3/2020 Richard Jacobs Eden Prairie MN 55347 US 6/3/2020 Steph Davies Eden Prairie MN 55347 US 6/4/2020 Angie Olson Eden Prairie MN 55347 US 6/4/2020 Ryan Affolter Eden Prairie MN 55347 US 5/23/2020 Sandra Johnson Eden Prairie MN 55347 US 5/24/2020 Linda Hayen Eden Prairie MN 55346 US 5/27/2020 Burton Simar Minneapolis MN 55424 US 5/21/2020 Alison Rimnac Minneapolis MN 55431 US 5/21/2020 Susan Zhang Minneapolis MN 55423 US 5/21/2020 Grant Eller Minneapolis MN 55432 US 5/21/2020 Fern Riedel Minneapolis MN 55404 US 5/21/2020 Robert Carlstedt Minneapolis MN 55347 US 5/21/2020 Kenna Carlstedt Minneapolis MN 55347 US 5/21/2020 Paige Meskan Minneapolis MN 55406 US 5/21/2020 Jason McGovern Minneapolis MN 55437 US 5/21/2020 Cheri Frisvold Minneapolis MN 55443 US 5/21/2020 Josie Scoonover-Nelson Minneapolis MN 55347 US 5/21/2020 Jen Eller Minneapolis MN 55437 US 5/21/2020 Rick Havlik Minneapolis MN 55413 US 5/21/2020 Amy McGovern Minneapolis MN 55437 US 5/22/2020 Adrian Toy Minneapolis MN 55418 US 5/22/2020 Denise Bezdichek Minneapolis MN 55423 US 5/22/2020 Lisa Hall Minneapolis MN 55404 US 5/22/2020 Mary Lou Christenson Minneapolis MN 55443 US 5/22/2020 Patricia McMullen Minneapolis MN 55438 US 5/22/2020 Craig Hirschey Minneapolis MN 55416 US 5/22/2020 Tom Newfield Minneapolis MN 55426 US 5/22/2020 Pauline Rohrman Minneapolis MN 55357 US 5/22/2020 Jennifer Miller Minneapolis MN 55441 US 5/22/2020 Krisitna Parrott Minneapolis MN 55347 US 5/23/2020 Jill Rickheim Minneapolis MN 55438 US 5/23/2020 Jason Viger Minneapolis MN 55407 US 5/23/2020 Arturo Villarreal Minneapolis MN 55415 US 5/23/2020 Tim Rush Minneapolis MN 55423 US 5/23/2020 Natalia Erickson Minneapolis MN 55416 US 5/23/2020 Robert Huber Minneapolis MN 55438 US 5/23/2020 Nancy Grammens Minneapolis MN 55438 US 5/23/2020 Jon Mueller Minneapolis MN 55432 US 5/23/2020 Bill Crawford Minneapolis MN 55405 US 5/23/2020 LINNEA SHOMSHAK Minneapolis MN 55347 US 5/23/2020 Beverly DeBolt Minneapolis MN 55438-19US 5/23/2020 Kathryn Anderson Minneapolis MN 55423 US 5/23/2020 Dar Master Minneapolis MN 55438 US 5/23/2020 Martha Balfanz Minneapolis MN 55405 US 5/23/2020 Barbara Roy Minneapolis MN 55423 US 5/23/2020 John Konrad Minneapolis MN 55424 US 5/23/2020 Jill Whitma Minneapolis MN 55417 US 5/23/2020 Lisa Pankow Minneapolis MN 55406 US 5/23/2020 Cathy Henderson Minneapolis MN 55407 US 5/23/2020 Pam Streiff Minneapolis MN 55426 US 5/23/2020 Robert Schiefelbein Minneapolis MN 55436 US 5/24/2020 Cathy Neumann Minneapolis MN 55438 US 5/24/2020 Edward Janes Minneapolis MN 55413 US 5/24/2020 Kunpeng Liu Minneapolis MN 55414 US 5/24/2020 Jeni Mand Minneapolis MN 55447 US 5/24/2020 Kate Zare Minneapolis MN 55423 US 5/24/2020 Joy Kjeldahl Minneapolis MN 55438 US 5/24/2020 Beth Beutell Minneapolis MN 55347 US 5/24/2020 KURT FELKER Minneapolis MN 55427 US 5/24/2020 Karen Linscott Minneapolis MN 55432 US 5/24/2020 Kathleen McNamara Minneapolis MN 55438 US 5/24/2020 Sara Beach Minneapolis MN 55438 US 5/24/2020 Pat Dennis Minneapolis MN 55438 US 5/24/2020 Jen Moore Minneapolis MN 55347 US 5/24/2020 Ann Chipongian Minneapolis MN 55428 US 5/24/2020 Jeff S Minneapolis MN 55405 US 5/24/2020 Julie Sullivan Minneapolis MN 55438 US 5/24/2020 Allison Pottinger Minneapolis MN 55446 US 5/24/2020 John Bauman Minneapolis MN 55449 US 5/24/2020 Sheryl Cater Minneapolis MN 55421 US 5/24/2020 Bob Andersen Minneapolis MN 55404 US 5/24/2020 Amy Carter Minneapolis MN 55439 US 5/25/2020 Kim Perfecto Minneapolis MN 55438 US 5/25/2020 Christin Sanders Minneapolis MN 55437 US 5/25/2020 Lisa Orr Minneapolis MN 55441 US 5/25/2020 Jenny Lee Minneapolis MN 55438 US 5/25/2020 Robert Wrazen Minneapolis MN 55438 US 5/25/2020 Vishwanath L Minneapolis MN 55474 US 5/25/2020 Janice Kidd Minneapolis MN 55437 US 5/25/2020 Sue Deal Minneapolis MN 55437 US 5/25/2020 Francis Karlin Minneapolis MN 55437 US 5/25/2020 Dale Kidd Minneapolis MN 55438 US 5/25/2020 Lori Ketz Minneapolis MN 55423 US 5/26/2020 Anna Ness Minneapolis MN 55432 US 5/26/2020 Kamau Harris Minneapolis MN 55407 US 5/26/2020 Anne Heller Minneapolis MN 55438 US 5/26/2020 Jack Volkert Minneapolis MN 55434 US 5/26/2020 Destiny Meyer Minneapolis MN 55407 US 5/26/2020 Alicia Stratman Minneapolis MN 55406 US 5/27/2020 Judy Semsch Minneapolis MN 55437 US 5/27/2020 RoyceAnn DesLauriers Minneapolis MN 55407 US 5/27/2020 Ellen Cotcamp Minneapolis MN 55435 US 5/27/2020 Michelle Smithson-Aldoubal Minneapolis MN 55435 US 5/27/2020 Nataly V Minneapolis MN 55431 US 5/27/2020 Harvey Andruss Minneapolis MN 55438 US 5/27/2020 Cindy Jacobs Minneapolis MN 55347 US 5/27/2020 Tracy Stanley Minneapolis MN 55403 US 5/28/2020 Olivia Sutton Minneapolis MN 55419 US 5/29/2020 Elizabeth York Minneapolis MN 55421 US 5/29/2020 John Prin Minneapolis MN 55347 US 5/29/2020 steve doree Minneapolis MN 55438 US 5/29/2020 Patience Karngbe Minneapolis MN 55423 US 5/29/2020 Margaret Dahl Minneapolis MN 55415 US 5/31/2020 Sara May Minneapolis MN 55347 US 6/1/2020 Patrice Sullivan Minneapolis MN 55438 US 6/3/2020 Rita Rademacher Minneapolis MN 55438 US 6/3/2020 Ken Fischer Minneapolis MN 55438 US 6/4/2020 Erik Ziegler Minnetonka MN 55345 US 5/22/2020 Jena Ziegler Minnetonka MN 55345 US 5/22/2020 Shelly Brouwer Minnetonka MN 55345 US 5/24/2020 The following pages include comments from individual residents, which were received by the Planning Division From:Abby To:Beth Novak-Krebs Subject:Proposal for 9360 Hennepin Town Road Date:Wednesday, May 27, 2020 12:33:22 PM Ms. Beth Novak-Krebs, I am writing you regarding the proposal for a high-density apartment complex at 9360 Hennepin Town Road. As a resident of Squire Lane very close to this location, I feel I must express my concern with the proposal in its present state. Hennepin Town Road is an already busy frontage road, and the wetland lot at 9360 spills directly onto it. There is no more space to expand the road because on one side, there are homes, and along the other is 169. Traffic will naturally congest as a result. The next concern I have is runoff from the parking lot proposed into the creek nearby. We have a lot of forest life in this area, including turtles and ducks that raise their young in the creek each year. The path lining the creek is the gem of the neighborhood partly due to this -- for example, on a recent walk, I saw 14 baby turtles and three ducklings. Preserving that wildlife is important to the neighborhood. Property value is a concern as well, but I think if the density of the proposal was reduced and an environmental consultant brought on to assist in construction, it would resolve my concerns. We already have town homes and medium density apartment buildings in the area. They both fit the town and provide options for people who want to live here. Rezoning to high density just doesn't make sense for this particular lot. Thank you for your time, and have a lovely day. From:Angela McKay To:Beth Novak-Krebs Subject:multi-unit housing project on Hennepin Town Road Date:Monday, May 25, 2020 3:49:03 PM Ms Novak-Krebs, I am writing today to voice my concern over the project referenced above and the developer's desire to apply for a variance to med-high density housing. A three-story apartment buildingshoehorned into that small lot along Hennepin Town Road will negatively impact the area - green space, traffic, and views from the surrounding residential homes. It is just way too closeto houses on Garrison and Clark Circle. If you have driven on that street now between 3-6 pm, you know that it serves as a cutoff from people traveling south on 169 - they get off atAnderson Lakes Pkwy if traffic is bad and zoom down to Pioneer Trail or Riverview Road, to get back on 169. An apartment will make the poor traffic situation on that small road evenworse. I ask that the Eden Prairie Planning Commission please take a hard look at all options before granting this developer a variance, and how it might set a precedent for our city for the future. Regards,Angie McKay Eden Prairie Resident From:bellemerj . To:Beth Novak-Krebs Subject:9360 Hennepin Town Road Development Proposal Date:Tuesday, June 16, 2020 6:54:28 PM Hi Beth, We got your contact information from Erin and Garrett Pommeranz. We wanted to write to you toexpress our concerns over the proposed apartment complex development on Hennepin Town Road. We have participated in a Zoom meeting with the developer to gather information. We are extremely concerned about the amount of people the developer wants to occupy that piece ofland. They are requesting a variance that we hope the City will not grant. The goal is not to pack asmany people on to a piece of property in Eden Prairie that will fit. The goal is to make thoughtfuldecisions about how the available land is used. Changing this plot to medium/high occupency would be amistake. The amount of wetlands and open area that would be lost is detrimental. We do not at allagree with the environmental study that MMR paid to have done. We can not accept that the onlyspecies that would be affected would be 1 type of snake, 1 type of bat and a species of bees. How isthat possible? That area is home to rabbits, fox, coyotes, deer, turtles, frogs, snakes, and MANY morecreatures. Where will they all go? Carving out 2 pieces of wetland to leave "untouched" whileconstruction roars around that area on all sides is not going to preserve the wildlife. The proposed trailswill disrupt that wild area. The water runoff from the chemicals from the blacktop pavement will have anegative impact, not to mention the salt in the winter and fertilizers on the grass in the warm months. All those chemicals won't make it to the sewer system. The direct impact to houses on Clark Circle that back up to the proposed property would be immense. No one wants to have an apartment complex in their backyard. The proposal is trying to maximize thenumber of people to live in that zone and it's just too much. There was nothing said in the Zoominformation meeting with the developer that assured me that residents from the apartment complexwon't be walking through the backyards adjacent to the parking lot. There was no concrete plan for howthe lights from cars parking at night won't shine directly into the homeowners windows. The Zoom call with the developer had a nice upbeat tone, but they gave no concrete evidence that theycould enforce any rule that they said they will give to their tenants. There aren't even propertymanagement people that will be onsite 24/7. Eden Prairie needs affordable housing, but not at the expense of existing homes. The developer tried tosay that our property values won't decrease, but they could not give one clear example of one of theirproperties being built so close to existing single family homes for us to garner any data from. They wantto maximize the occupancy for the benefit of their financial bottom line. That is in no way beneficial tothe homeowners in this area. We urge you to reject their proposal and not grant the variances they are requesting. If they can't affordto build as the property is zoned then they need to build somewhere else. Thank you for your time. Sincerely,AnnaBelle ScoonoverJosie Soonover-NelsonMaryElizabeth Scoonover-Nelson From:APRIL PRCHAL To:Beth Novak-Krebs Subject:9360 Hennepin Town Road Apt Complex Date:Monday, June 15, 2020 4:26:36 PM Hello, I would like to extend my feelings of opposition for the proposed apt complex going into my neighborhood. This complex will not only destroy the wildlife and nature I enjoy walking my dog next to daily, it will destroy the enjoyment of this neighborhood. I can see how this land/property has the potential to bring more money to the area and local shops, however I don’t agree with the size of this option. There has to be a better way to still keep as much nature intact and also be able to make a profit. Please reconsider! Concerned EP Resident, April Prchal From:Barb Peterson To:Beth Novak-Krebs Cc:Larry Mueller; Barb Peterson Subject:9360 Hennepin Town Road Apartment Complex update Date:Wednesday, June 17, 2020 12:25:58 PM Good afternoon Beth, My husband (Larry Mueller) and I live in Bluff Country Village off of Hennepin Town Road at 9631 Belmont Rd. We feel strongly that we do not want this apartment complex being developed. It would drastically increase trafficin the area. Traffic is already a concern at rush hour times when persons exit 169 on the Anderson Lake Parkwayexit and head south on Hennepin Town Rd. to get back on the freeway. There is a constant stream of traffic at theafternoon rush hour. Traffic has let up some since COVID-19. Also, as has been noted, this would require rezoningand we are not in support of that. Please contact us if you need to discuss further. Thank you for listening to our concerns. Barb Petersoncell 612-751-1900 Larry Muellercell 952-393-1509 From:Pederson To:Beth Novak-Krebs Subject:proposed developmen on Hennepin Town Road Date:Monday, June 15, 2020 4:02:13 PM Hello Beth, As a nearby resident on Amsden Way, I am opposed to the proposed apartment complex being for Hennepin Town Road. This is too dense a complex for the area/location amongst single family dwellings. The proposal is not appropriate for the site. Itdoes not provide for underground parking, thus creating a negative environmental impact on the area. Please do not approve this proposed complex. I am sure there are many more appropriate (larger) sites available, where a complex of this size would be a better option. Thank you, Barbara Pederson 9341 Amsden way Eden Prairie, MN From:brantval@aol.com To:Beth Novak-Krebs Subject:9360 Hennepin Town Road Date:Tuesday, June 16, 2020 9:39:05 AM Beth, I am one of many concerned about the new proposed 52 unit building. I am never for changing the zoning to accommodate the builders. We lost the Battle with the Bluffs, lets not be so quick to put that many into this community. Town homes would be just fine and more fitting to the neighborhood. Brant Hutchins 9901 Lee Drive Eden Prairie, MN 55347 From:Brian Potter To:Beth Novak-Krebs Subject:Proposed apartment complex 9360 Hennepin Town Road Date:Monday, June 15, 2020 3:58:33 PM Hi Beth, I've recently become aware of a proposed development project to squeeze apartments into 9360 Hennepin Town Rd. I felt it my civic duty to write you and express my opposition to this proposal. There are numerous negative consequences to developing this as medium-high density living. To name a few: Increased traffic on Hennepin Town Road that would flow onto already busy Pioneer trail and Anderson Lakes Pkwy Decreased neighboring home values Added hardscape to an already diminishing natural beauty that was once Eden Prairie Leveling mature trees & disruption to natural wildlife Runoff concerns for the neighboring wetlands Higher population density equates to higher crime rates Every nook and cranny in Eden Prairie continues to be developed chasing after that all-mighty tax dollar. We are only one voice of many raising concerns over this proposed project. I hope that our voice is heard and this developer's proposal is rejected. Rgds, Brian and Stacia Potter 10055 Lee Dr Eden Prairie From:Brooke Barrett To:Beth Novak-Krebs Cc:pgforep@gmail.com Subject:Opposition to rezoning 9360 Hennepin Town Road Date:Monday, June 15, 2020 7:04:48 PM Hi Beth, Thank you for your continued service to Eden Prairie, especially at this challengingtime. We are writing in opposition to rezoning the density of 9360 Hennepin TownRoad. We are 100% in support of affordable housing being built on this lot andthroughout Eden Prairie, generally, however, we don't want to see lots rezoned tosignificantly higher density in already dense residential areas. Additionally, I don'thave confidence that the traffic study presented by the developer is accurate giventhe 169-adjacent location and decrease in public transport service from Jerry's Marketlot. I have a Masters in Urban Policy with a focus on community development finance--soI do understand the challenges of developing affordability at the current density-- butI am confident that the current zoning would still allow for affordability to be built onthat site while allowing the developer to make acceptable profits. If this developercan't do that with the property then Eden Prairie should explore, with the State'ssupport, additional incentives or find a different, or perhaps non-profit, developer forthe site. Thank you, Brooke (and Ken) Barrett -- Brooke Barrett 612.805.7199 [c]bebarrett@gmail.com From:Bryan Cravens To:Beth Novak-Krebs Subject:Proposed Rezoning of 9360 Hennepin Town Road by MWF Properties Date:Friday, June 5, 2020 7:28:37 PM Good evening, Ms. Novak-Krebs - I am e-mailing you concerning the proposed 52-unit multi-family apartment building that MWF Properties has planned for 9360 Hennepin Town Road. While my wife and I are not inthe immediate neighborhood behind or adjacent to the property and therefore were not given the chance to chime in on the planned development, we live on Linden Drive and will beaffected by another high-density apartment building entering our area. Unfortunately, we were not living here at the time the City reviewed and approved the Prairie Bluffs high-densityapartments down the road at Hennepin Town and Pioneer, or I would likely have brought up the same points outlined below. We are concerned primarily with the increased traffic mayoccur on an already busy Hennepin Town Road if 52 additional households were concentrated on the street, as well as this development "opening the box" for future high-density andcommercial buildup in the immediate area. MWF Properties appears to be asking for a medium-high density zoning change for its parcel. The Aspire 2040 plan, which I assume was meticulously thought-out, has the parcel inquestion zoned as a maximum medium-density similar to the townhome associations nearby to the south. With the exception of a few parcels/areas along Anderson Lakes, the bulk ofmedium-high or higher density zoning appears to be planned for areas near Eden Prairie Center and along the Flying Cloud Drive corridor. I'm making assumptions, but this zoningstrategy is likely because of the proximity to potential jobs and services concentrated around Eden Prairie Center, as well as proximity to the SouthWest Transit hub located on the westside of Prairie Center Drive? I understand the latter will also serve as the end station for the planned LRT Green Line extension. If affordable housing must be high-density (see my nextcomment below), it would seem to me that the City would wish to remove/prevent as many obstacles to obtaining stable employment and access to businesses as is feasible. It is also my opinion that, while there is great need for affordable housing in suburban areas,high-density housing is not an ideal means to expand affordable housing in suburban areas. I believe more of a "scattered-site" approach would not only keep housing density down inresidential neighborhoods, but would also allow low-income households to better be part of and thrive in the communities to which they move. Provided I was permitted to review andagreed with the plan, I would fully support affordable housing on the parcel in question so long as it remained its current lower-density zoning. I understand higher-density builds cancome with construction cost efficiencies; however, in many cases, for dignified low-income housing, the per-unit cost for an apartment building must be equal to or greater than the cost ofacquiring and rehabbing, say, an existing townhome that has become vacant. I realize that lower-density housing in further-out residential areas could lead to transportation issues, andthat is a trade-off to be considered. Finally (and I'm making the assumption that MWF Properties is a for-profit developer), I do not personally support the development of affordable housing by for-profit developers. Weare lucky to have many non-profit developers in the Twin Cities and the state that are able to focus on affordable housing; specifically, affordable senior housing of which there is a dearthin the Southwest Metro. I believe leveraging non-profit developers is a better use of taxpayer funds, as non-profits typically reinvest their developer fees into future affordable housingprojects. Thank you for taking the time to read this e-mail and address resident concerns. Bryan Cravens From:Kirsten Stockwell To:Beth Novak-Krebs Subject:FW: City of Eden Prairie: Planning and Zoning Inquiry Date:Wednesday, May 20, 2020 9:12:13 AM Hi Beth, Here are some more comments regarding the Lofts at Anderson Reserve. I am not sure if this requires a response of not. Kirsten Stockwell Adminisrative Assistant- Planning and Zoning City of Eden Prairie, Minnesota , 8080 Mitchell Road | Eden Prairie, MN 55344-4485 ( 952.949.8481 | * kstockwell@edenprairie.org |8 edenprairie.org From: kstockwell@edenprairie.org <kstockwell@edenprairie.org> Sent: Wednesday, May 20, 2020 9:08 AM To: Kirsten Stockwell <kstockwell@edenprairie.org>; 5e382d141e7085de4c83dde4@mg.processing.zencity.io Subject: City of Eden Prairie: Planning and Zoning Inquiry A new entry to a form/survey has been submitted. Form Name:Contact Us: Planning and Zoning Date & Time:05/20/2020 9:07 a.m. Response #:377 Submitter ID:30957 IP address:75.73.244.174 Time to complete:36 min. , 31 sec. Survey Details Page 1 Please feel free to contact us with any comments or questions: Planning Division 8080 Mitchell Road 952-949-8485 Or fill out the form below to send an email message: First Name CLAIRE Last Name RODEN Email Address eprodens@comcast.net Phone Number 612-799-3865 Address 9301 Talus Circle City Eden Prairie State Minnesota Message I am very concerned about the proposed high denisty housing at 9360 Hennepin Town Road for a number of reasons: 1. The current property is a heavily wooded area, with wetlands on either side. Removing all these trees will have a negative impact on this area. We have already lost a lot of green to the expansion of Highway 169 and the widening of Anderson Lakes Parkway (at 169). Has there been an environmental study of this proposal? 2. The Preserve area of Eden Prairie already has a number of high density housing complexes. Yet another one would impact our school population, traffic and our property values in a negative manner. 3. The developer has been less than forthcoming. They gave notice of the project to neighbors within a very small radius of the proposed project, and say they will not have a public forum. This causes me to wonder how the property will be maintained. Please do not change the zoning of this area. Keep Eden Prairie green and clean. Thank you, Claire Roden Would you like to be contacted regarding your comments? (○) Yes How do you prefer we contact you? (○) Email Thank you, City of Eden Prairie This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. From:Claire Roden To:Beth Novak-Krebs Subject:9360 Hennepin Town Road Date:Friday, June 5, 2020 9:18:30 PM Ms. Novak-Krebs: As a resident of Amsden Hills in the Preserve, I received information about a proposed apartment building on Hennepin Town Road. I did not receive this information from the development company, but from neighbors who live 100 yards closer to the proposed project. The land that this proposed apartment building and surrounding parking area would occupy is currently a heavily wooded lot, with at least one major gulley running through it. We walk along Hennepin Town Road frequently, and the area along that road is low lying, and whenever we have significant rainfall, there is standing water. I asked the development about environmental impact studies, and they answered that they didn’t have to do any. I find this disturbing, as they are proposing turning a large natural area into asphalt, and there are wetlands on either end of the proposed project. We have lived in this neighborhood for several decades. We have seen a lot of changes – the expansion of Highway 169, the widening of Anderson Lakes Parkway, and the parking lot in the Preserve area among them. All of these have removed trees and green space from our neighborhood and negatively affected the noise and air quality of our homes. I really do not want to see more green space lost. Additionally, there are many concerns about the increased traffic. Hennepin Town Rd. is used as an overflow for Highway 169 during peak traffic periods, in addition to being an access for the neighborhoods and the shopping centers on either end. Interestingly, the developer provide the results of a study that predicted the complex of 52 units would put only an additional 14 cars on Hennepin Town Road during rush hours. If that is the case, can I assume the other occupants of the units would be taking mass transit? But there is no access to mass transit from this part of Eden Prairie. There once was, but the bus service to Jerry’s was discontinued some years ago. Then, we would be doing these residents a disservice by putting them in a location that is not serviced by mass transit. I would request that you deny the developer’s request to rezone this area. Thank you, Claire Roden 9301 Talus Circle Eden Prairie From:Cody Zwiefelhofer To:Beth Novak-Krebs Subject:9360 Hennepin Town Road concerns Date:Tuesday, June 2, 2020 8:49:58 PM Hi Beth, I am emailing about the 9360 Hennepin Town road proposal for the large apartment complex. I am a new Eden Prairie resident who lives very close to the proposal (9460 Garrison Way)and I would like to lend my voice in support of the project; if anything, I wish it had more units designated for affordable housing at sub 50% AMI. The only concern I have is the gross amount of parking this proposal has. It seems there aredouble the amount of parking spaces being built than there are units; considering the green space this community enjoys, why are we allowing the wiping out of more land to build yetanother parking lot when we're in the middle of an incredible climate crisis? It seems the outdoor parking lot can be totally removed to me; it doesn't quite make sense there's a tiny totlot and a giant parking lot. I would urge you to do whatever you can to get the developer to eliminate as many surface parking spots as possible. Thanks,Cody 9460 Garrison Way From:Karla Evans To:Beth Novak-Krebs Subject:Apt on Hennepin town road Date:Monday, June 15, 2020 4:01:32 PM Hi Beth, I live in this area and my husband and I are strongly opposed to the apartment complex. Thanks for getting the word out, I had no idea the city was considering this. Corry and Karla Evans From:Kirsten Stockwell To:Beth Novak-Krebs Subject:FW: City of Eden Prairie: Planning and Zoning Inquiry Date:Tuesday, May 19, 2020 8:20:51 AM Hi Beth, Just forwarding to you to keep with any other comments that come in. They are not looking for a response email. Kirsten Stockwell Adminisrative Assistant- Planning and Zoning City of Eden Prairie, Minnesota , 8080 Mitchell Road | Eden Prairie, MN 55344-4485 ( 952.949.8481 | * kstockwell@edenprairie.org |8 edenprairie.org From: kstockwell@edenprairie.org <kstockwell@edenprairie.org> Sent: Monday, May 18, 2020 11:19 PM To: Kirsten Stockwell <kstockwell@edenprairie.org>; 5e382d141e7085de4c83dde4@mg.processing.zencity.io Subject: City of Eden Prairie: Planning and Zoning Inquiry A new entry to a form/survey has been submitted. Form Name:Contact Us: Planning and Zoning Date & Time:05/18/2020 11:19 p.m. Response #:375 Submitter ID:30936 IP address:2601:442:c200:9970:98c1:fcba:1ec8:3db5 Time to complete:4 min. , 2 sec. Survey Details Page 1 Please feel free to contact us with any comments or questions: Planning Division 8080 Mitchell Road 952-949-8485 Or fill out the form below to send an email message: First Name Deb Last Name Williams Email Address dwilliams19@comcast.net Phone Number 952-944-7584 Address 9741 Portal Dr. City Eden Prairie State Minnesota Message The rezoning being presented by the Loft at Anderson Reserve should not be considered by the City of EP. This type of high density housing in a full single family and townhome residential area will affect the value of every home in the area. The traffic impact on Hennepin Town Road will clog this area and increase traffic accidents due to the inability to enter Hennepin town in the afternoons every day. Would you like to be contacted regarding your comments? (○) No How do you prefer we contact you? (○) Email Thank you, City of Eden Prairie This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. From:Debra Cross To:Beth Novak-Krebs Subject:Proposed project off Hennepin Town Rd Date:Sunday, May 24, 2020 12:04:07 PM My name is Debra Cross and I am opposed to the project being considered off HTR. We are already being affected by the homes built across from the Lutheran Church and thesenior living facility off hwy 169. An uptick in traffic, polution, and noise. We had two beautiful, wooded areas that had wildlife and fauna thriving and they were decimated in orderto put extremely large homes or housing units in spaces that are way too small to accomodate them.There is an increase in animal deaths and by removing their homes and food sources, they are in danger of starving. People complain about the encroachment of animals but if you takeaway their livelihood, they have no choice but to be in people's yards. It is too large of a project period. We also have a unit next to ours that is owned by the Met Council and to put it bluntly, we have had nothing but problems with everyone that has moved in. Police being called,management companies being called. People not on the lease moving in. Noise and garbage and pets not approved. It has been a nightmare. I am not in favor of this on a larger scale.People move to the burbs in order to get peace and quiet. Please reconsider this project.Thank you, Debra Cross Sent from Yahoo Mail on Android From:Linda Nelson To:Beth Novak-Krebs Subject:High density apartment complex Date:Saturday, May 23, 2020 6:12:51 PM Ms Novak-Krebs, We own a home at 9290 Garrison Way, just a short distance from the proposed apartment complex. The area has been zoned for the benefit of our residents and families in this area of Eden Prairie. The city has generously provided affordable apartment living throughout Eden Prairie, and these buildings have been built on land zoned for high density living. The proposed building would be placed in an area not designed for increased traffic and would be an eye-sore for residents who purchased homes based on a this quiet, safe neighborhood. It is our opinion that in addition to the increased traffic and subsequent safety issues, the proposed structure at 3 stories tall doesn't represent the character of our community, especially when pinned against the Preserve housing development. This proposed structure will butt up against many homes on Clark Circle and Garrison Way possibly impacting our home values. Eden Prairie has generally been open to new development but not in residential neighborhoods. Rezoning this property does nothing to enhance our neighborhood or our surroundings. We strongly recommend the board to leave the zoning as is on this property and not approve rezoning to high density. Take care and have a great day, Don and Linda Nelson 9290 Garrison Way Eden Prairie,MN 55347 From:Julie Klima To:Beth Novak-Krebs Subject:RE: re-zoning for proposed development Date:Tuesday, May 19, 2020 8:07:06 AM Good morning Beth – yes I agree. Thank you Beth! From: Beth Novak-Krebs <bnovakkrebs@edenprairie.org> Sent: Tuesday, May 19, 2020 7:55 AM To: Julie Klima <jklima@edenprairie.org> Subject: RE: re-zoning for proposed development Hi Julie, I am happy to answer their email. I don’t want to provide them will Planning Commission or Council contact information so I will start by telling them to send emails or letters to me and I will distribute to the Planning Commission and Council. Does that sound like a good approach? Best Regards, Beth Novak-Krebs, AICP Senior Planner City of Eden Prairie 952-949-8490 bnovakkrebs@edenprairie.org From: Julie Klima <jklima@edenprairie.org> Sent: Monday, May 18, 2020 4:56 PM To: Beth Novak-Krebs <bnovakkrebs@edenprairie.org> Subject: Fwd: re-zoning for proposed development Hi Beth - please see below for an inquiry on The Lofts. Please follow up with them. If you have any questions, please let me know. Begin forwarded message: From: "wmwest1@comcast.net" <wmwest1@comcast.net> Date: May 18, 2020 at 4:54:06 PM CDT To: Julie Klima <jklima@edenprairie.org> Subject: re-zoning for proposed development  Good afternoon Julie, We received notice that MWF Properties is proposing to develop a 52-unit multifamily housing project at 9360 Hennepin Town Road in Eden Prairie. It is our understanding that the developer will be requesting that the land be rezoned to accommodate the proposed 3-story apartment complex. According to the city zoning map, this property is zoned Rural. We live in close proximityto the site and object to this land being re-zoned for higher density housing. Please advise us of all contacts at the city who are involved with or mayinfluence the rezoning decision, so we may let our objection to the rezoning of this property be known. Are all the drawings and documents that have been submitted to the city for this project available for the public to view at the Eden Prairie City Center? Thank you for your assistance, Doreen and Bill West From:William West To:Beth Novak-Krebs Subject:Proposed Development - The Lofts at Anderson Reserve Date:Saturday, July 4, 2020 4:10:23 PM To the City of Eden Prairie Planning Department, Planning Commission, and City Council: We are writing to voice our objections to the MWF Properties proposed development project, TheLofts at Anderson Reserve (The Lofts) to be located at 9360 Hennepin Town Road. Our home is at9480 Garrison Way and is located within 500’ of the site MWF wants to develop. Our objections to this project are related to the negative impact the proposed PUD waivers willhave on the tenants. MWF Properties says this project is not economically feasible unless they can get multiple CityCode waivers that will allow them to cram more people than is normally allowed into a small,unsuitable space. MWF’s profits are not the City’s concern. This project does not provideappropriate affordable housing that meets Eden Prairie City Code or the intended zoningdensity. The developer is exhibiting their disregard for the intended tenants and the area’sresidents by requesting much higher density zoning than warranted for the site, and by thetype and number of PUD waivers they are requesting.Each of the PUD waivers the developer is requesting – higher zoning density, smaller units,smaller driveway, smaller parking spaces, less than 22% of the required group open space(130 SF desired vs. 600 SF Per Code) would deny the tenants the required living spaces theCity has mandated. The narrow trail around the wetland area should not be treated as“group open space” when it clearly is not suitable for groups. These waivers add up to MWFprofiting by renting poorly located sub-standard housing to people who have limitedresources, while providing generous tax credits for the investors. This is wrong!The Lofts are designated as low-income housing, however, there is no regular bus service tothis area. No commuter busses run in this area. When I mentioned this during the MWF Zoommeeting, Peter Worthington’s answer was that MWF expects tenants will have one or twovehicles per unit. We question this assumption, because at least half of the apartmentdwellers we know do not have vehicles. It should be a requirement to have bus serviceavailable near such high-density developments, especially developments for low-incomefamilies.The only food available within walking distance of The Lofts is sold at either a luxurygrocery store (Jerry’s) or fast food outlets and a gas station. The proposed tenants may haveno other options since their transportation options are very limited. This situation would hurtthe lowest-income families the most.The ‘tot lot’ shown on the plans is only 29 feet in diameter and is located at the edge of theparking lot - an inherently dangerous location. The developer is expecting 46 children, butthere is no safe play area for children older than 5 anywhere close, so older children andteens will find other nearby places to congregate. Anderson Lakes Regional Park, mentionedin the Project Narrative as a walk-to recreation area, is a dense forest with trails that can beaccessed only by crossing a busy intersection. It is not open space and it is not a suitableplayground for children. The nearest Eden Prairie city park / playground is over a mileaway!School busses will need to stop on a 2-lane, 45 MPH frontage road! This is a setup fortragedy!According to my sources, the inverted-V roof design is not well-suited to either the site orto Minnesota’s climate. The roof valley is likely to collect snow, ice, debris, etc. that will clogthe drains resulting in leaks and mold growth. The claim that the roof design will help collectand re-use rainwater for irrigation seems odd for a building located adjacent to wetlands. Theroof will be mostly hidden in the trees, so why invite trouble by incorporating such a strangedesign? It defies common sense. Would you like your own children (or grandchildren) to grow up under these conditions? This lot was designated as Infill, medium density residential in the land use plan approved by theCity Council less than one year ago. The Lofts at Anderson Reserve proposal does not conform tothe Comprehensive Plan. Stick to the plan. This is not a good fit for the site. Please reject this proposal. Sincerely, Bill and Doreen West9480 Garrison Way Garrett Pommeranz 9671 Clark Circle Eden Prairie, MN 55347 July 3, 2020 City of Eden Prairie Planning Commission Dear Members of the Planning Commission, I am writing to you about the proposed development of a multifamily apartment complex at 9360 Hennepin Town Road. As one of the neighboring properties, I have some concerns with this development. While I understand the need for more affordable housing in the city, I believe this development does not match with how Eden Prairie should grow. Below are my concerns: 1. As part of the Aspire Eden Prairie 2040, this land is guided for medium density. I am in support of this for a development such as townhomes. The proposed apartment complex would be in the medium-high density and I believe this is too high of density for a development that directly abuts backyards. 2. I am concerned about the increased traffic that will be present on Hennepin Town Road as this is the only access point for the apartment. There are already large backups with the current traffic flow especially during rush hour with commuters using Hennepin Town Road to bypass Hwy 169 between Anderson Lakes Parkway and Pioneer Trail. Adding a 52 unit apartment complex will greatly increase the traffic congestion and potential safety concerns along Hennepin Town Road. 3. The proposed development has the parking lot facing north which abuts homes in the Preserve Neighbor. As the project is proposing clearing many of the large trees on the site, there will be little to block the parking lot lights and headlights from cars entering and exiting the property. There is no wall or fence proposed that will reduce the amount of light. Thus the homeowner backyards that abut the parking lot will likely see lots of light. 4. As the parking lot and entrance to the property are north facing, there is concern that residents will cross through the backyard areas of the single family homes to reach the shopping complex with Jerry’s Grocery, Starbucks, and other stores. The entrance to the cul-de-sac has a path that provides convenient access to the shopping area. This is the shortest route and there are no natural barriers to prevent this. The proximity of the parking lot to the neighboring homes backyards provides easy access. I have attached a plan view of the area that indicates where the path is located. 5. There are many established trees in this lot and this development will require clearing of all the trees, completely altering the look. I have attached pictures of the backyard that show how the backyard area will be substantially changed and that the natural barrier between the backyards and the apartment complex will be removed. 6. It does not feel like either the parking lot or the apartment (were the location of the parking lot and apartment complex flipped) that there is enough setback to not feel like they are right are top of the homeowners. 7. The impact on the wetland areas in that lot as well as the runoff that will inevitably reach the yards of the adjacent homes as well as run off into the designated wetland area. This would include paving materials, motor oil, gasoline, and miscellaneous trash that is in the parking lot. Currently after a moderate rainfall there is standing water in the backyards and I am concerned that the hardscape will only increase this. 8. The developer is asking for multiple PUD waivers including the amount of space per resident which makes it feel like the complex is simply too large for the area. 9. The apartment complex sewer will connect to the sewer line in the cul-de-sac. To make this connection will require major construction at our driveway entrance. I am also concerned as to whether the sewer line in the cul-de-sac is sized to add the additional waste from 52 units. Thank you for taking the time to read my concerns. I want to stress that I am not opposed to development of this property, but I am opposed to this size of a development. I believe this area is better to suiter to lower density housing such as townhomes which fits with the Aspire Eden Prairie 2040 guidance plan. Sincerely, Garrett Pommeranz Trail Access Trail Apartment Complex Trees Remove (Buckthorn will remain) Trees Removed (Buckthorn will remain) Trees Removed From:Greg Roden To:Beth Novak-Krebs Subject:Rezoning of 9360 Hennepin Town Road to Medium-High Density. Date:Saturday, May 23, 2020 8:07:03 PM Dear Beth Novak-Krebs, Regarding the rezoning of 9360 Hennepin Town Road for a 3 story apartment complex, in addition to a radical change in use for this area, that area is not served by bus service, nor central to any civic and social services or facilities and, as such, is a poor location for the prospective residents. Accordingly, you would be doing them a disservice in order to gain some property tax. What rational reason is there for placing said apartment complex in this relatively removed location instead of in the proximity of the new light rail line? Additionally, that portion of Hennepin Town Road, which borders Highway 169, is very noisy, apparently because of the amphitheater-like topography of 169 in that locale. I am nearly half a mile away from that area, and at times, in my back yard, it is like a wall of sound. Anelevated 3 story apartment complex right there, a little over a hundred yards from the freeway, is a recipe for disaster. Sincerely, Greg Roden 9301 Talus Circle Eden Prairie, MN 55347 greg.roden@comcast.net From:Jake Reiter To:Beth Novak-Krebs Subject:The Lofts at Anderson Preserve Date:Wednesday, July 8, 2020 9:50:45 PM Hi Beth, I have received the letters about the proposed re-zoning of the Preserve for the proposal of the apartment building. I wanted to write in my written comment for review and to be included inthe hearing. I live on Garrison Way and this proposed building plan would be terrible for our neighborhood. This building project cannot happen. Not only is the land zoned for 1/10th of the proposedbuilding size, it will affect us as homeowner's in many ways: - It will take away our current views of nature and instead become a view of a parking lot and a large building- It would no longer be the Preserve, but another concrete backyard view, taking away the uniqueness of this neighborhood- As members of the Preserve we cannot build a fence, so there is no way we can block out this proposed new view- Overall height of proposed building over the tree line would be an eyesore - Safety concerns, as we would lose the privacy of our property, and anyone would have easyaccess to our backyards - Loss of property value/desirable neighborhood with our backyard view diminished The economy has been hit hard, we don't need another setback as our property values wouldcertainly go down with this new proposed building! We must protect our rights as homeowners in an Association, who pay a fee each year to beprotected by that Association, based on these requirements from the City of EdenPrairie’s LAND USE REGULATIONS (ZONING) [Chapter 11 City of Eden Prairie City Code, updated 05/2019]: Subd. 6. Site Plan and Architectural Design ReviewE. A Site Plan and Architectural Design may be evaluated according to its compliance with the following standards andprovisions: 1. Adherence to, and consistency with, the City's policies and objectives as reflected in theComprehensive Guide Plan; 2. Adherence to, and consistency with, the City's Code relating to zoning and the subdivisionof land. 3. The preservation and enhancement of the natural and built environment as well as thosemodifications already affected by development and construction upon the land, including the minimization of: tree loss, soil removal, wetland, floodplain, lake and creek encroachment;and the maintenance of the general natural topography or physical grade of the land consistent withthat of adjoining properties. 4. Maintenance of open space to provide a desirable environment both for occupants of the siteand the general public. 5. Transitions where there are differences in land use, building mass, height, densities, and siteintensity, in proximity to that which is the subject of the Site Plan and Architectural Design. Transitions may be accomplished by increased setbacks, berming, plantings, larger lot sizes,lower densities, lower flood area ratios, and smaller buildings. 6. Provision for safe and convenient vehicle and pedestrian traffic, including interior drivesand parking arrangements which facilitate clear access to public streets, appropriate widths for drives and access points, and the separation of vehicular and pedestrian traffic.7. The minimization of negative impacts upon other land uses of surface water run-off, noise, glare, odors, vibrations, dust, loading areas, parking areas, and refuse areas.8. Compatibility of materials, textures, colors, and other construction details with other structures and uses in the vicinity.9. Such other conditions and criteria as are reasonably related to the health, safety and welfare of the residents of the City and to preservation of the environment.Source: Ordinance Please do the right thing and do not allow this building project to move forward! A concerned homeowner, Jake Reiter Garrison Way, Eden Prairie From:Jana Feld To:Beth Novak-Krebs Subject:Hennepin town road complex Date:Monday, June 15, 2020 9:45:21 PM I recently heard about the proposed development on Hennepin Town Road and reviewed the plan. As someone who lives nearby ( I live just south of there on Squire Lane)- I do not believe the size of the unit proposed there is appropriate for the area. For the area and homes behind the proposed development this is way too big, it just does not fit with the surrounding area. There are also many walkers along that stretch and a lot of traffic as it is so to add in a building of this size and the increase in traffic for the area that it will bring just does not seem safe. There are many families with young kids (including myself) who use this stretch while biking to Jerry's and surrounding shops and it makes me quite nervous that there will be a lot of cars crossing the sidewalk here. I also feel horrible for the current homeowners living behind there. No one in Eden Prairie should have to have a large building and parking lot build within feet of their backyard. I do not support the building of this unit at its proposed size and I do not agree with rezoning the area for the larger complex. I hope the planning commission reconsiders this project. Jana Feld From:Jan Kidd To:Beth Novak-Krebs Subject:Proposed rezoning of area at Highway 169 and Anderson Lakes, south of Jerry"s Date:Tuesday, May 26, 2020 11:46:25 AM Dear Ms. Novak-Krebs: I just learned about the proposed rezoning of the area south of Highway 169 and Anderson Lakes, changing to high density from medium density. I signed a petition, but thought perhaps a written protest of the rezoning could be shared with the developer and the city council. I live just across Highway 169, in the Woodbridge Townhouses in Bloomington. Woodbridge addresses are 9400-9435 Woodbridge Road with 47 units. I'm at 9424 Woodbridge Drive. The back of my home faces Ensign, and beyond that, 169. When the Woodbridge development was built (1982 - 1984) County Road 18 was to the west of Ensign, and was not a heavily traveled thoroughfare. . From Wikipedia: "The freeway between Interstate 494 and Interstate 694 was originally built by Hennepin County as County Road 18. In 1988, County Road 18 was transferred to the state of Minnesota and became the new alignment for Highway 169 in the Minneapolis area. In exchange, Hennepin County took over maintenance of two other highways that were formerly state routes. In the Minneapolis area, U.S. 169 is often congested, but the freeway passes close to residential neighborhoods in many locations, so any expansion of the freeway would disrupt housing stock in the surrounding area." The development of 169 greatly affected the noise level just east of 169. In addition to the Woodbridge development, there are several other (and larger) developments south of Woodbridge located along Ensign and Bloomington Ferry Road and Pioneer Trail. My husband and I bought our home in 2004 knowing that 169 was there. It was busy,but the traffic lights through Eden Prairie and Bloomington (at Highwood, Anderson Lakes, and Pioneer Trail) slowed traffic, helping to keep the noise down. If there wasn't a berm for the 169 Anderson Lakes/Bloomington Ferry Road exits, I would be able to see Jerry's from my kitchen window. Since the traffic lights were removed,noise levels have increased each year. Right now, we can't sit on our screened porch and have a conversation during the busy parts of the day. Additionally, the removal of the traffic lights on 169 resulted in increasing numbers ofcars and motorcycles seeking ways to avoid congestion, weaving through our neighborhood making their way to 169 on Bloomington Ferry/Anderson Lakes, Pioneer Trail and Ensign. Traffic consistently ignores the 30 MPH speed limit and races by. Our association had to request the Bloomington Police Department install a"dead end" sign on Woodbridge Drive entering our complex because so much traffic turned in, hoping to find a faster through route. Traffic on Ensign and Bloomington Ferry/Anderson Lakes again increased when the new senior living complex located in Eden Prairie at Town Line Road and Pioneer Trail opened last year. Although we aren't Eden Prairie residents right now, we did live in EP from 1997- 2004. Luckily we were on a cul de sac on Burr Ridge Lane. After downsizing, and finding no affordable townhomes in EP, we were happy to find Woodbridge, very close to our prior home, EP Mall, Jerry's and the fabulous EP Library. I entreat the powers that be to consider the effect of increasing to high density the zoning of the area just across the highway from us. I realize the number of units allowed is not substantially different, but I hope the concern of the increased traffic on both the Eden Prairie and Bloomington sides of 169 is not ignored in the decision-making process. I would be happy to discuss should you need additional information or have questions. Sincerely, Janice A. Kidd9424 Woodbridge Road Bloomington, MN 55438 952.942.9779 (h)612.710.3578 (m) From:Jenny Lee To:Beth Novak-Krebs Subject:proposed apartment complex development at 9360 Hennepin Town Road. Date:Monday, June 15, 2020 6:14:02 PM Hi - I am opposed to rezoning the area to a medium high density area. We have already built up a senior living area nearby and there is plenty of multi family housing going up around thearea and no need for increased density building. It would change the aesthetics dramatically by removing mature trees, adding more concrete etc, it will have a negative impact on thequiet neighborhood, and will increase traffic where there are a number of family homes. If we do get approval for this - will there also be an increase in police and first responders or do wecontinue to just increase population without consideration for those personnel changes? By increasing to a medium high density area - you are also negatively impacting the homes in thearea. no one would want to have that built in their front/back yards. Please consider keeping the zoning as is - inline with Eden Prairie's initial long term plan. ThanksJenny From:Jeremy Simonson To:Beth Novak-Krebs Subject:Development proposal at Hennepin Town Road Date:Sunday, June 14, 2020 6:05:32 PM Attachments:MWF letter.doc Hi Beth! I've attached my letter to you and the City regarding the proposed development along Hennepin Town Rd in EP. Along with the letter could you answer the following questions? Thanks! 1) I understand a Jun 22th Planning commission meeting is planned. Could you provide the details to attend thismeeting? I understand this development will be a part of a forthcoming July Planning Commission meeting, but Ithought it would make sense to a attend a separate meeting to understand the general process. 2) Are you able to send the attached letter to the Planning Commission liaison Julie Klima? Could I get a copy ofthe profile of the Planning Commission members, Julie, and yourself? Jeremy Simonson9691 Clark CircleEden Prairie, MN From:Julia Anderson To:Beth Novak-Krebs Subject:Concern about High Density Apts Hennipen Town Rd Date:Monday, June 15, 2020 4:48:20 PM Good Afternoon Ms. Novak-Krebs, I'm writing to strongly voice my concern and opposition about the lot development alongHennepin Town Rd. in Eden Prairie. I'm sure you've heard from many people in our community already, but I wanted to add my name to the list. An apartment complex on thatroad not only doesn't follow Eden Prairie's long term guidance plan, but requires many variances to fit the property into the area, has a parking lot that will bump up to the backyardsof the adjacent homeowners and creates a large amount of hardscape on what is currently a wooded lot. A set of townhomes is one thing and would be a more natural fit into that space inkeeping with the neighborhood, but a 52 unit apartment complex creates a host of complications and traffic problems on a small road/sidewalk where lots of kids and familieswalk each day. Thank you for reading! Julia Anderson From:Julia DePew To:Beth Novak-Krebs Subject:Apartment complex Date:Sunday, July 5, 2020 1:36:20 PM Dear Ms. Krebs, Please reconsider such a huge complex located next to Garrison. If you could make it smaller as the access frontage road is very small and I doubt it will support the increase in traffic. Additionally, the current home owners will lose a great deal of value in their homes and such a tall structure will tower over a sleepy residential area and be quite an eyesore. Please take in to account our little area and maintain its charm by just reducing the size. Thank you. Julia DePew Sent from my iPhone From:Julie and Rich Lundeen To:Beth Novak-Krebs Subject:9360 Hennepin Town Road Date:Monday, June 15, 2020 10:21:47 PM Wanting to put in my 2 cents. I live off of Linden Dr and Hennepin Town Road. I oppose the development of medium-high density housing at 9360 Hennepin Town Road. Julie Lundeen 9963 Balmoral Lane Sent from my iPhone From:Karen Stahl To:Beth Novak-Krebs Subject:Apartment plans for Hennepin town Road Date:Sunday, June 14, 2020 10:53:23 PM Hi Beth, I just wanted to express my disagreement with the builders that would like to have the land rezoned for higher density housing. I feel that we bought our home here counting on the zoning that was in place and would like the city to respect that as they move forward . Thanks! Karen Karen Stahl 612-791-2765 Sent from my iPhone From:Kate White To:Beth Novak-Krebs Subject:Andersen Rd Development Date:Monday, June 15, 2020 6:11:46 PM Hello, I would like to express my vote of 'no' for the new development. Andersen, 169 and Pioneer Trail are overwhelmed with traffic now. Rush hour is a mess and the new tenants of your residence will not like the location. We are also located at the south east end of Eden Prairie. Police are generally never down thisway, they stay further west. Have you seen the size of Eden Prairie, it is huge....and their calls are concentrated more central. You might want to check on standard response time. Understandable you are looking for land and location, however, the area you want to build isnot that area for you. I also know how hard it is to sway or beat a large development firm. The assisted living right off Normandy Crest was fought by the neighbors for years. Will the value of the homes around it depreciate? Is this fair to the current homeowners? Howabout easy access in and out of the complex? Not sure that is obtainable. Drive down 169 going south during rush hour...starting about 2:30-3:00-4:00-5:00-6:00 and sit in the traffic, it is a nightmare. Thanks for reading! Kate WhiteFranlo Park. From:Kathy Michelau To:Beth Novak-Krebs Subject:Proposed MWF property build Date:Thursday, June 11, 2020 12:17:37 PM Hi Beth, My name is Kathy Michelau and I am the homeowner at 9681 Clark Circle in Eden Prairie. I am writing to express my concerns about the proposed housing project at 9360 Hennepin Town Road. I am one of several properties who would be adversely affected by this build. Having lived at my address for 28 years, we have enjoyed a quiet backyard and neighborhood, with the exception of some traffic noise from Hwy 169. My concern with re-zoning to accommodate a property this size is the impact it will have on the wetlands & woodland directly behind me, taking away wildlife, trees and the beauty of living in the preserve. A build this large means an increase of noise, lighting, and increased traffic volume on Hennepin Town Road and Anderson Lakes Parkway. With all of these potential changes my concern then is also the depreciation of our property values. Thank-you for your consideration of our concerns regarding the proposed re-zoning for this property. Sincerely, Kathy Michelau #952-210-9903 Sent from my iPhone From:Katie Meierhofer To:Beth Novak-Krebs Subject:9360 Hennepin Town Road Date:Tuesday, June 16, 2020 8:28:50 AM I am writing as a homeowner in the nearby Sherwood neighborhood. I am dissappointed to read that despite city guidance for 9360 Hennepin Town Road, Eden Prairie to be a medium density development. I have read the proposal to rezone it for medium-high density for a 52 unit apartment complex plus 54 surface parking stalls! We, my husband and I, are opposed to the increased density on this land as it doesn't follow Eden Prairie's long term guidance plan, requires many variances to fit the property into the area, has a parking lot that will abut the backyards of the adjacent homeowners, creates a large amount of hardscape on what is currently a wooded lot and will remove numerous mature trees and disrupt the wildlife in this area. The traffic already exceeds desired flow of roads. I support development as was previously zoned, rezoning disrupts the setting and traffic and disregards what the city intended with overall development. Sincerely, Katie Meierhofer From:Kevin Alto To:Beth Novak-Krebs Subject:Proposed apt at 9360 Hennepin Town Road Date:Monday, June 15, 2020 6:07:51 PM Dear Ms. Novak-Krebs: Please add my name to the list of residents opposed to the change in zoning for this proposed apartment complex. Best regards, Kevin Alto 9246 Amsden Way Eden Prairie, MN 55347 Sent from my iPad From:Don & Kim Blasy To:Beth Novak-Krebs Subject:9360 Hennepin Town Road Apartment Complex Date:Monday, June 15, 2020 4:36:32 PM Hi Beth- I’ve been given your name to voice our opposition to the proposed apartment complex at 9360 Hennepin Town Road. Rezoning the property will only bring increased traffic, noise and reduced property values along with removal of wildlife and greenspace in the area. We moved to EP 25 years ago- just as the 169 project was starting. Because this was before the internet, we had no idea this project was taking place. Now we listen to the whine of car tires on the 169 bridge- pretty much all day. Eden Prairie DOES NOT need development in this area and we DO NOT approve of rezoning this land for additional hi-density housing. Thank you, Kim & Don Blasy 10221 Laurel Dr. From:Liliya L To:Beth Novak-Krebs Subject:proposed apartment complex development at 9360 Hennepin Town Road. Date:Wednesday, June 17, 2020 10:43:30 PM Dear Beth, As the owner of a townhome in the neighboring area, I oppose the development of medium- high density housing at 9360 Hennepin Town Road. The city guidance for this land is formedium density (e.g. Townhomes) where the developer wants to rezone it for medium-high density.In particular, we are concerned about the precedent this would set for the city. As part of the Aspire Eden Prairie 2040 zoning guidance, this would be the first one where the project isgreater than what the guidance was, and will compromise the wellbeing of people living in adjacent homes, lead to removal of numerous mature trees and disrupt the wildlife in this area. Please be advised, that the City of Eden Prairie government and people it employs - is elected to serve the residents of Eden Prairie - and therefore needs to honor and follow the guidanceset forth for the wellbeing of the community and not an individual developer. This is the voice of the community. Thank you and we appreciate you! Liliya From:Lindsey Christ To:Beth Novak-Krebs Subject:Development on Hennepin Town Rd Date:Friday, June 26, 2020 10:47:49 PM Beth, I’m writing to express concern about the request for rezoning to allow greater density housing in my neighborhood. I am opposed to the proposed 52 unit development on Hennepin Town road. I want the integrity of the neighborhood maintained and their proposal is just too many units for this area. I believe it is a detriment to the neighborhood to increase the density above the current zoning. I am in favor of maintaining the current zoning or decreasing the density, but definitely not increasing it! Will you please be sure my comments are shared at the meeting on July 13th? If there is something further I need to do to be sure my voice is heard by the city council, will you please let me know? Sincerely, Lindsey Christ Sherwood townhome owner 9811 Dorset Lane From:Mark Burns To:Beth Novak-Krebs Subject:52 unit apt Date:Friday, May 29, 2020 3:47:49 PM Hello Ms. Novak-Krebs, I live at 9661 Clark Circle with my wife and three kids. We moved here about 15 years ago and love EP! We knew when we moved in that the property behind us would someday be sold and something else would go in. I have gotten to know Goerge and know that the equity in his property was always part of his retirement plan. What blew my mind when we received the notice from the developer was the sheer size of the project. Fifty-two units could house two hundred people. That is a lot to put in a single-family area. This would be a huge invasion of our privacy. The plandid not call for a berm or fence or anything. These folks would be looking right in our windows. The impact on the land is also an issue. By sealing up that much of the land withbuilding and parking lot the earth would be unable to soak up the rain and snow. The wetland and our back yards will be affected negatively. Years ago I had a drainage issue along the back of my yard. The new building had been built up about five feet from the former lot. When the city person came out with the map of drainage with thearrow of water flow he discovered that the original plan was not in play due to the developers of the lot to my north. They had blocked the water that was supposed to flow all the way to Jerry's. I hope Eden Prairie will not allow the project to proceed as it stands right now. Sincerely, Mark Burns From:Marlanges Marseille-Simar To:Beth Novak-Krebs Cc:Burt Simar Subject:The Lofts at Anderson Reserve Date:Wednesday, July 8, 2020 7:34:38 PM Attachments:image.pngimage.pngimage.png Hello Ms. Novak-Krebs, We are writing to share our objections to the proposed development of 52 units of multi- family apartment building behind our home. Our objection is of the size of the proposed building - we don't mind MWF building for the designated 5-14 units for which this lot is zoned. We purchased our home (9545 Garrison Way) over 16 years ago and frankly our favorite part of our home is the backyard surrounded by trees and bushes, which provide privacy and safety where we watched our 5 children grow up and play. Our grandchildren love to be here for very similar reasons. We'd like to ask, hope, and expect that the City of Eden Prairie will uphold the Land Use Regulations (zoning) that is already in place which was established to secure our neighborhood. Our current natural habitat for big beautiful trees, deer, fox, and other wild animals would be destroyed with such a large apartment building (please see pictures from backyard below). Additionally, we are very concerned that: 1. Overall height of the apartment building will inevitably surpass the tree line 2. The loss of privacy in our home and property would be inevitable 3. Loss of the natural environment - mature trees, animal habitat, etc. 4. High population density would come to our neighborhood with all its negative challenges 5. Safety may become a bigger issue - there are many small children in our neighborhood today safely playing outside 6. Less desirable property/neighborhood, which of course results in loss of property value , View of backyard - upstairs on deck Tree line view from backyard - upstairs deck View from backyard - downstairs Thank you, in advance, for putting the preservation of our natural environment and of EP citizenship first. Marlanges and Burton Simar 9545 Garrison WayEden Prairie, MN 55347 From:Marnee Lovering To:Beth Novak-Krebs Subject:Rezoning of 9360 Hennepin Town Road Date:Tuesday, June 2, 2020 10:00:35 PM Hello Ms. Novak-Krebs and the Eden Prairie Planning Commission, I am writing in regards to the rezoning of 9360 Hennepin Town Road. My family recently moved into the area. One of the many things that drew us to Eden Prairie was the value that isplaced on preserving nature while allowing a community to grow. I feel that a high density development does not fit with the community and will take away from the natural aspect of theneighborhood. Since living here I have felt a warm sense of community from the neighbors. People enjoy being outside and taking advantage of the natural beauty surrounding us. A highdensity development would mean an increase in traffic to the area which would make outdoor activities less enjoyable and pose a potential safety hazard. I also feel that it would set a poorprecedence for other areas in Eden Prairie by not having the important balance between growth and care for the community as well as the environment. In light of this, I am askingthat you not rezone 9360 Hennepin Town Road to medium-high density property. Thank you for your time and consideration. Kind regards,Marnee Lovering From:MICHAEL BLAKELY To:Beth Novak-Krebs Subject:9360 Hennepin Town Road Date:Tuesday, June 16, 2020 7:26:13 AM Good Morning, Thank you for posting this. I’m a new resident to the state and a homeowner in Eden Prairie. I want to lend my support to this cause for all of the reasons stated in your post. We cannot move forward with projects like this in the year 2020 without taking a far more serious look about its impact on the environment. Adding more non-pourous, heat absorbing hardscape in the form of a giant parking lot in the place of a large swath of mature trees is an approach that should be rejected. These large areas of trees scattered throughout neighborhoods - the birds and wildlife they house - are high among the features that drew my family to this area from Chicago. One need only imagine themselves an existing homeowner next to this property to begin to see why a pause should be put on plan approval. Flooding due to Increased water runoff. Increased noise pollution. Increased traffic. People choose to move to a neighborhood because of its character. We should always exercise caution before we make a decision which can have lasting effects on a neighborhood such as this. Mike Blakely Eden Prairie Resident Sent from my iPhone From:Michael J To:Beth Novak-Krebs Subject:Ill-advised multi-unit housing proposal for 9360 Eden Prairie Rd. parcel Date:Sunday, May 24, 2020 5:01:04 PM Although my wife and I live just across Highway 169 from the proposed housing project we know it will adversely affect us in many ways, not the least of which is dramatically increased traffic in what is already a high – traffic area. Case-in-point is the large multi-unit senior living building at the intersection of Eden Prairie Road and Pioneer Trail, which has already significantly increased traffic in the area. Additionally, it is truly beyond factual and logical doubt that another multi-unit residential project in the area well adversely affect the fair market value of single-family houses surrounding it or near it. As a representative of the people in Eden Prairie, and effectively those in immediately surrounding neighborhoods, I and others I have spoken to about this matter believe you and other Eden Prairie representatives, as well as surrounding community representatives, should by default weigh the positions of residents of the area more heavily than the desires—or even the legal threats—of a builder who has no stake in the affected communities other than turning a fine profit from the venture. Thank you. Michael J. McNamara From:Michael J To:Beth Novak-Krebs Subject:Ill-advised multi-unit housing proposal for 9360 Hennepin Town Road Date:Sunday, May 24, 2020 5:22:01 PM Dear Ms. Krebs: I apologize for accidentally entering the wrong address in my last message opposing the above-referenced proposed project. But since my first message it struck me that a very good,or maybe even great, alternative use of the land would be development as a natural area of trails and a park with activities for children. Bids could then be let by the city for thatdevelopment, which I am confident would be met with no objections from the vast majority of surrounding residents. (Perhaps the developer for the proposed multi-unit project would wantto bid on a project which I believe would result in little, if any, objection.) Thank you (again). Michael J. McNamara From:Michael Tate To:Beth Novak-Krebs Subject:Apartment Complex on Hennepin Town Road Date:Monday, June 1, 2020 3:24:19 PM I just wanted to let you know that I am generally supportive of building out our housing stock here in Eden Prairie. I know some citizens have concerns about the project and this is noexception from what I have seen. I support the project as of right now. -Michael Tate 8352 Townsend Dr, Eden Prairie, MN 55344 Virus-free. www.avast.com From:mike.amundson1@yahoo.com To:Beth Novak-Krebs Subject:9360 Hennepin Town Road - Rezoning Concerns Date:Friday, June 12, 2020 3:07:23 PM Hello, I am writing concerning the proposed rezoning and development at 9360 Hennepin Town Road (aka “The Lofts at Anderson Reserve”). As one of the residents in Eden Prairie who lives near this property, this greatly concerns me. In my back yard, I have always enjoyed the peace, tranquility, and privacy that I have had over the last 15 years I have lived at my house. I find the proposal of having a 3- 4 story large complex disturbing. The land is currently not zoned to support such a large building occupancy, and I am not in favor of having it re-zoned for several reasons. 1. I live in a neighborhood with single-family homes, and that is what I desire to have around me. 2. I am concerned about the negative effect it will have on our property values.3. I am concerned about the privacy we will have in our backyards and houses with people being able to look out a 3rd story window into them. 4. I am concerned that there is no fence proposed on this property, and the new residents will take shortcuts through our properties to more conveniently get to placessuch as Jerry’s Foods. 5. I am concerned about the increased noise having such a large number of residents very close by. 6. I am concerned about the safety in my neighborhood with the increased number ofneighbors. 7. I am concerned about the increased amount of traffic along Hennepin Town road. 8. I am concerned that there is no berm planned to be put in for additional privacy, which has been done in other locations, like the one around Jerry’s Foods.9. I am concerned that with this being a no-smoking building, the property will have a designated outdoor smoking area and that the smoke will drift into our properties. 10. I am concerned that a building like this will look out-of-place in a single-family neighborhood.11. I am concerned with the number of trees that will need to be removed and the effect on the wildlife I see there frequently, such as deer. Had there been a building like this back there originally, I would not have purchasedmy property. I am not saying that there can’t be additional dwellings on this property, but feel strongly that there are better-suited locations for higher density housing than this and ask that you work to protect my neighborhood and do what is in the best interest of its current residents. Mike Amundson 9565 Garrison Way Eden Prairie, MN 55347 From:Mike Burstein To:Beth Novak-Krebs Subject:Rezoning of 9360 Hennepin Town Road to Medium-High Density. Date:Sunday, June 7, 2020 9:35:01 PM Hello Beth, I understand you’re part of the planning commission. I’m sending this e-mail to voice concerns about the possible rezoning of the property at 9360 Hennepin Town Road. - Has a traffic study been done in the area? 169 (pre-Covid) is already over burdened during the core hours in the morning and evenings, and Hennepin Town Road gets heavily used for those looking for a little relief from the traffic. I can’t imagine adding another 50-100 cars is going to help the situation and would guess it’s going to make it worse. - Has impact been understood on those people walking/biking/running in the area with another high traffic area similar to Jerry’s and what issues that could cause. - Even though I don’t live directly next to this area, part of the reason for living in the vicinity is are the trees and natural area. It seems building that large of development in this small of a space, many of the trees would need to come down. Given the wetlands in the area, what issues are created with runoff from the parking lot that would be needed. I’m not looking for a response, but hope these concerns are considered when looking at the rezoning application. Thanks for listening. Regards, Mike Burstein 9520 Leaftop Circle, Eden Prairie   From:Miranda Stubbs To:Beth Novak-Krebs Subject:Rezoning of 9360 Hennepin town road Date:Saturday, June 6, 2020 3:42:48 PM Hello Beth, I live near the area of Hennepin town road that is proposed for rezoning. I am just voicing myconcern about the traffic/congestion this will cause. I run and take my kids on bike rides in this area multiple times a week. I already feel there are certain times a day where the traffic is aconcern. Putting a large apartment complex in this area will cause even more stress. Please consider this and the nature/trees you will be taking away from our neighborhood. Thank you!Sincerely, Miranda Stubbs From:Nik Sell To:Beth Novak-Krebs Subject:9360 Hennepin Town Road Apartment Complex Date:Tuesday, June 16, 2020 9:41:32 AM Good morning Beth, I am emailing to share my opposition to a proposed apartment complex being considered for 9360 Hennepin Town Road in Eden Prairie. We live just down the road from this location, andfor several reasons, I do not feel this proposal should move forward. First, the city guidance for this land is for medium density (i.e. Townhomes), whereas the developer wants to rezone it for medium-high density for a 52 unit apartment complex plus 54surface parking stalls. We are opposed to the increased density on this land, as it does not follow Eden Prairie's long term guidance plan, requires many variances to fit the property intothe area, has a parking lot that will abut the backyards of the adjacent homeowners, creates a large amount of hardscape on what is currently a wooded lot, and will remove numerousmature trees and disrupt the wildlife in this area. Thank you for your consideration. -- Nik Sell, PT, DPTDoctor of Physical TherapyB.S. Kinesiology From:P. Sullivan To:Beth Novak-Krebs Subject:No to rezoning 9360 Hennepin Town Road. Date:Wednesday, June 3, 2020 6:41:34 PM I am against rezoning 9360 Hennepin Town Road to Medium-High Density so developers can build a 52 apartment complex. That will create more traffic in a neighborhood that houses an already well-trafficked grocery store. It is close to a bike and walking path that many of us like to use. That neighborhood is a quiet residential one. Many of us bike to Jerry’s Foods and to Walgreen’s which is on the road next to this property. As someone who managed a 24-unit apartment building years ago, I can tell you 52 units of people will make lots of noise and create lots of traffic. It is NOT FAIR to bring down property values of residences nearby that are in a quiet neighborhood. Thank-you. Ms. Patrice Sullivan     vote   adopt a pet   From:Richard Jacobs To:Beth Novak-Krebs Subject:Prevent Rezoning of 9360 Hennepin Town Road to Medium-High Density. Date:Wednesday, June 3, 2020 10:04:53 AM Beth Novak-Krebs Senior PlannerEden Prairie Planning Commission Hi Beth, Thanks for serving the Eden Prairie community in such an umportant planning capacity. I know there are many elements that go into creating and keeping a multi award winning city the apple of its residents' eyes. Performing this function certainly requires many wisedecisions to be made and that you seek wise decisions in a context of "whole cloth". I believe that deciding to turn 9360 Hennepin Town Road into a Medium-High Density area would not be one of those wise decisions in in fact would be pretty much the opposite. I believe in commerce, I believe in community and I believe in neighborhood. The beautiful balance of these elements is what is so often cited by award presenters in theircommentary about our wonderful city. We are unique among thousands and thousand of cities across our great country in that we've found a way to strike such a beautiful balance. Developer should be able to buy land. Developers should be able to build on the land that theybuy. Citizens should want the opportunity to live in Eden Prairie, but the reasons they'd want to locate here should remain even as they inhabit their beautiful new surrounds. If the medium density zoning was insufficient for the developers needs and if the purchasevalue of the land at medium density zoning was too rich for the developer's appraisal, the developer should have looked elsewhere for what the developer considered properopportunity. Let's not let an individual developer's desire to push the limits of maximizing a hoped for gain diminish all the rest of Eden Prairie's desire for balanced commerce, community andneighborhood. Let's welcome a beautiful new development to our treasured town at a density that is wise "whole cloth". Best to you. Richard Jacobs9540 Brighton Lane Eden Prairie, MN 55347 Richard Jacobs Rgolfguy@gmail.com 952-261-9122 From:jean schiefelbein To:Beth Novak-Krebs Subject:9360 hen town road Date:Saturday, June 6, 2020 3:51:05 PM We oppose rezoning of the above property.History teaches us the result of dense housing projects.It is out of character with the surrounding neighborhood. Public officials are charged with a duty to the residents not developers, who have a selfish motive to reduce land acquisition costs. Robert Schiefelbein 10125 Juniper Lane Sent from my iPhone From:Robin Toy To:Beth Novak-Krebs Cc:gpommer1@hotmail.com; jeremydsimonson@yahoo.com; epommeranz@hotmail.com Subject:The Lofts at Anderson Reserve development at 9360 Hennepin Town Road Date:Thursday, May 21, 2020 9:16:06 AM Hi Beth, Our names are Adrian and Robin Toy and we live on Clark Circle. We received a letter in the mail from MWFProperties concerning a multifamily housing project at 9360 Hennepin Town Road called "The Lofts at AndersonReserve." We understand that you are the City Planner working with MWF Properties on this project, and we havea few concerns about this project. We moved to our house on Clark Circle in Eden Prairie 37 years ago, and one of the things that attracted us to thisarea was the pleasant mix of open, outdoor spaces and quiet neighborhoods with single-family homes. It was anideal place to raise our son. Six out of the eleven homes on Clark Circle still have children living at home, and thesefamilies like this neighborhood for the same reasons that we moved here. Ideally, we'd like the property at 9360 Hennepin Town Road to remain residential, because that would preserve thesame environment we've enjoyed on Clark Circle for all these years. We understand, however, that propertydevelopment sometimes can't be avoided -- but we think an effort should be made to limit the impact thisdevelopment has on the nearby neighborhood. With this in mind, these are our concerns about MWF's proposal: 1) The parking lot is located on the north side of the building, closest to our homes on Clark Circle. This meansthat parking lot lights, car headlights, and traffic in and out of the property will be closest to our homes. Couldn'tthe plan be changed so that the parking lot is south of the building? 2) The proposed development does not provide for any kind of buffer between our homes and the development. The strip mall just to the north of Clark Circle has a berm and fence separating our homes from the strip mall. We'dlike to see the same kind of separation between our homes and the development. The separation should extendacross the entire property without any openings, to prevent foot traffic across our yards from the development to thestrip mall. 3) The proposed development is for 52 dwellings, which exceeds what is the city's long term plan for this property. We think the character of the neighborhood would be preserved better with a lower density development, such astownhomes. 4) Rental properties tend to have a more transient resident population than properties with ownership. Couldn't theproperty be developed with townhomes or condominiums where the dwellings are owned, not rented? Ownershipinstead of rental would help preserve the character of the neighborhood. We've included the email addresses of several concerned neighbors on this communication with you, so that theycan see your reply. Thank you for considering our concerns. Adrian and Robin Toy ____________________________________________________________Sponsored by https://www.newser.com/?utm_source=part&utm_medium=uol&utm_campaign=rss_taglines_more FedEx Driver: I Was Fired After Video of Customer Dust-Up http://thirdpartyoffers.netzero.net/TGL3231/5ec68cdb2c916cdb2388st02duc1Illinois Lawmaker's Refusal to Wear Mask Has Consequences http://thirdpartyoffers.netzero.net/TGL3231/5ec68cdb49f58cdb2388st02duc2 CDC Issues New Guidance on Coronavirus on Surfaces http://thirdpartyoffers.netzero.net/TGL3231/5ec68cdb64a01cdb2388st02duc3 From:Ross Hedlund To:Beth Novak-Krebs Subject:Support - 9360 Hennepin Town Road Date:Saturday, May 23, 2020 7:24:01 PM Hi Beth, I just wanted to write to voice my support for the project proposed for 9360 Hennepin Town Road. It looks like a good project to provide more affordable housing in the area. On Nextdoor and Facebook’s EP Bulletin Board there’s been a lot of discussion about not wanting low income housing (NIMBY) or increased traffic to the area due to the traffic jams that occur at Hennepin Town Road and Pioneer in the evening. However, I think our driver of traffic at that intersection is caused by the increased housing in Shakopee/Savage/PL and can’t imagine people living here trying to go south at 5:30pm very often. On a side note, if there could be amber blinking left turns installed at Hennepin Town and Pioneer like the ones at Franlo and Pioneer, that’d help traffic in my opinion. Please let me know if there’s anything additional needed from me. Thank you! Ross Hedlund 9983 Lawson Lane, Eden Prairie 763-913-1689 From:sean marsan To:Beth Novak-Krebs Subject:9360 Hennepin Town Rd Date:Monday, June 15, 2020 3:26:43 PM Greetings: I wanted to voice my support for maintaining the existing zoning restrictions for the subject property. Changing the zoning to allow 52 units on that lot would significantlyimpact the neighbors and surrounding area. I support a low-medium development and a proportionate amount of low income options for that site, but not increasing the zoning. Thiszoning change would in some respects represent a taking of the neighbor's property values. Thanks, Sean Marsan Sent from Outlook Mobile From:Sonya To:Beth Novak-Krebs Subject:9360 Hennepin Town Rd apartment complex Date:Monday, June 15, 2020 6:38:04 PM My husband and I strongly oppose the rezone of this property. Nobody wants a parking lot right behind their homes and we do not want all of these trees and wildlife disturbed. We vote NO to rezoning. Thank you. Sonya Butler & Bob Dornik From:Steve Levering To:Beth Novak-Krebs Subject:9360 Hennepin Town Road Proposal Date:Wednesday, June 10, 2020 9:27:49 AM Good morning! I am not for a high density (3 story) building being built on stated property. The architectural footprint does not fit into existing single family residential area. Beside building size traffic on Hennepin Town Road would inevitably increase (turning on and off). I also took time to drive by 108 Place, 4050 W. 108th Street, Bloomington, Mn. I Would highly suggest you or staff do this! I was not impressed ( 108 Place - 41 unit, proposed 51-53 units). Do not believe this is a development the City of Eden Prairie would be proud of. Must mention my lot backs up to out lot. The water runoff is considerable durning most of a normal year. The drainage from proposed development is a concern. Appreciate your full consideration! Sent from my iPad From:Steve Levering To:Beth Novak-Krebs Subject:Re: 9360 Hennepin Town Road Proposal Date:Wednesday, June 10, 2020 1:39:27 PM I appreciate your follow up. I have a additional comment. This does not just effect the property owners that border the proposed development but also effect the surrounding neighborhoods (Amsden, Sherwood). I believe all stated property owners should be notified of up coming meeting. Sent from my iPad > On Jun 10, 2020, at 10:55 AM, Beth Novak-Krebs <bnovakkrebs@edenprairie.org> wrote: > > Hi Steve, > > Thank you for your email and comments. I will make sure the Planning Commission receives a copy of your comments. The project is now scheduled for the July 13 Planning Commission meeting. It is a public hearing. All property owners within 500 feet will be notified of the public hearing. > > Best Regards, > > Beth Novak-Krebs, AICP > Senior Planner > City of Eden Prairie > 952-949-8490 > bnovakkrebs@edenprairie.org > > -----Original Message----- > From: Steve Levering <leveringsales@gmail.com> > Sent: Wednesday, June 10, 2020 9:28 AM > To: Beth Novak-Krebs <bnovakkrebs@edenprairie.org> > Subject: 9360 Hennepin Town Road Proposal > > Good morning! > > I am not for a high density (3 story) building being built on stated property. The architectural footprint does not fit into existing single family residential area. Beside building size traffic on Hennepin Town Road would inevitably increase (turning on and off). I also took time to drive by 108 Place, 4050 W. 108th Street, Bloomington, Mn. I > Would highly suggest you or staff do this! I was not impressed ( 108 Place - 41 unit, proposed 51-53 units). Do not believe this is a development the City of Eden Prairie would be proud of. Must mention my lot backs up to out lot. The water runoff is considerable durning most of a normal year. The drainage from proposed development is a concern. > > Appreciate your full consideration! > > Sent from my iPad From:Susan Zhang To:Beth Novak-Krebs Subject:Proposed change in zoning to medium-high density Date:Saturday, May 23, 2020 1:49:49 PM I am writing to let you know I oppose the change of 9360 Hennepin Town Road to medium-high density. I am a homeowner in the Preserve, and the main feature of my home that led me to purchase my home specifically was the natural beauty of the area. I love how beautiful the neighborhood is. A change to medium high density zoning would detract from the area. Any loss of preserved natural space takes away from the neighborhood’s beauty. Also, large parking lots contribute to light pollution. Susie Zhang Sent from my iPhone From:Tony Rakun To:Beth Novak-Krebs Subject:Opposed to medium-high density housing at Hennipin Town Line Rd Date:Monday, June 15, 2020 4:08:44 PM Tony Rakun 11226 Landing Road Eden Prairie. 55347 From:Rick Getschow To:Julie Klima; Janet Jeremiah; Beth Novak-Krebs; Joyce Lorenz Subject:Fwd: Apartments Date:Saturday, May 23, 2020 4:31:33 PM FYI Sent from my iPhone Rick Getschow City ManagerCity of Eden Prairie Begin forwarded message: Resent-From: <GRP-AllCouncil@edenprairie.org>From: Violet Pierson <violetppenguins@gmail.com>Date: May 23, 2020 at 4:07:23 PM CDTTo: allcouncil@edenprairie.orgSubject: Apartments Hello. I am a 7th grader in Eden Prairie. I heard a large piece of land was bought on Old Hennepin Town Road, and was going to be turned into a high-densityapartment complex. Me, my family, and all of our neighbors are hating the idea. This will literally ruin the community. Traffic will be so bad, the places I like tovisit and walk and ride my bike by, will be destroyed. We enjoy the way this community is, and building this will hurt everything we love and care about. I likeliving in a nice, quiet, perfect neighborhood, and that apartment will harm our relationship to it. Please, please try to do something about it. Otherwise me and somany others will be heartbroken. Thanks for taking the time to read this. Violet Pierson From:Zachary Lovering To:Beth Novak-Krebs Subject:Re-Zoning Date:Saturday, May 30, 2020 9:30:53 AM Hello, My name is Zach Lovering and I recently bought a house on Garrison Way. Part of the reason we bought a house in this area are the great neighborhoods,and the greatnatural feel of the spaces in this area. I would be very disappointed if this area is re zoned to allow for higher density housing, and it began to look and feel like the rest of the areas that we looked at before settling in this area. I respectfully request that you do everything in your power to stop this re zoning. Thank you Zach From:Steph MacPhail To:Beth Novak-Krebs Subject:Regarding 9360 Hennepin Town Road Date:Thursday, July 9, 2020 8:50:56 AM July 9, 2020 Dear Ms. Novak-Krebs, I am writing in response to the proposed rezoning and development plans at 9360 Hennepin Town Road. As residents for nearly 10 years, my family has greatly appreciated how this current space - as is - enhances our walks along Hennepin Town Road. Greenery, specifically mature trees, are beneficial to well-being. This is also a wetland area and we enjoy listening to the frogs and watching the birds flitter through the area. While not a large space, it is a welcomed spot, nestled between two shopping complexes and Highway 169. According to Aspire Eden Prairie 2040, Chapter 8 (Parks & Open Space Planning), Goal 3 says the city desires to "Maintain a balance between the conservation and management of natural and cultural resources, and the need for residential, commercial, industrial and other urban uses." Under Goal 3's objectives, one is to "continue preserving watercourses and wetlands to protect sensitive ecosystems, maintain clean and healthy lakes, improve overall environmental quality, and beautify the community" (page 171). In the report, the need for green space/trees is addressed, considering that there are "increase[d] positive health impacts associated with increased tree canopy in developed areas, such as improved air quality" (page 170). The proposed development is the exact opposite of Eden Prairie's Aspire 2040 goal in regards to the environment. The city would like to protect wetlands, and according to the Riley-Purgatory-Bluff Creek Watershed District High Risk Erosion Map (http://www.rpbcwd.org/application/files/8915/4049/5794/Fig_1_District_High- Risk_Erosion_Areas_Map.jpg), there is a wetland in the immediate vicinity of the proposed development. This brings concerns forth about run-off, pollution, and required mitigation. Additionally, the development would remove mature trees. Many of the current trees (Cottonwood, for example), are native, resilient, long-lived trees and vital for wildlife. Perhaps you recall the report released in 2019 stating that 3 billion birds have disappeared since 1970 (https://science.sciencemag.org/content/366/6461/120). Human-caused disturbances - pesticides, windows, climate change, but most importantly, habitat destruction - are to blame. Thinking that altering one small parcel of land can't cause that much of a problem makes us part of the problem. Furthermore, residents already have concerns over coyotes. The continued fracturing of habitat means residents will see more coyotes in their yards as they search for places to live and eat. This space’s beauty is so appreciated that it should be left as is. Eden Prairie has done similar with the Richard T. Anderson Conservation area, which is a stunning and peaceful place to hike and relax. Minneapolis has the Roberts Bird Sanctuary. There is nothing fancy about it's design, infact, the fact that there is no design makes it appealing to people who are seeking respite from the bustling city. I venture here because of the peacefulness and the designated IBA (Important Bird Area) status. I wouldn't be surprised if others, after visiting, then go to local establishments and spend money on coffee, lunch, etc. It could be much the same here. This proposed development could be the next sacred spot for community members. We do not need to bulldoze every space in this city just to line the pockets of greedy developers. When we purchased our home in 2011, we purchased it because of the mature trees in our vicinity and neighboring conservation area/wetland area. I did not move to this city to see every available green space destroyed and multilevel buildings erected. If I wanted that, I would have chosen somewhere else to live. There are other places in Eden Prairie where medium to high-density zoning already exists, so this developer should look elsewhere. Listen to your own goals: Aspire Eden Prairie 2040, page 178: "The continued efforts to restore, enhance, and protect natural areas should remain a priority." I encourage the city to deny the proposed zoning, developer, and find a way to purchase the property to keep it as it is as much as possible. We have many parks in Eden Prairie that are just wide open, gutted spaces. This could be a wonderful example of land left just as it is. Please set the tone for future Eden Prairie this way. Sincerely, Stephanie MacPhail Eden Prairie CITY COUNCIL AGENDA SECTION: Public Hearings DATE: August 18, 2020 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/ Sarah Strain ITEM DESCRIPTION: Prairie Heights ITEM NO.: IX.B. Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for a Planned Unit Development Concept Review on 9.6 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 9.6 acres • Adopt a Resolution for a Preliminary Plat to divide 2 lots into 23 lots on and four outlots on 9.6 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 Prairie Heights at the request of the Developer subject to the conditions outlined in the permit. Synopsis The applicant is requesting approval to develop 12701 Pioneer Trail and vacant lot 27-166-22- 14-0035 into 23 single-family lots for villa-style homes. The parcels are located about 1/3 mile east of the Pioneer Trail and Flying Cloud Drive intersection. The property contains two (2) parcels for a total of 9.6 acres with about 0.28 acres located north of Pioneer Trail. 12701 Pioneer Trail currently contains a single family home that will be demolished before construction begins. The properties are bordered by single-family development to the east, MAC airport property to the south and west, and residential and industrial uses to the north across Pioneer Trail. With a density of approximately 2.4 units per acre, the project is consistent with the Low-Density Residential guiding. The applicant is requesting to rezone the property from Rural to R1-9.5. Background Road access to the MAC property was discussed at a meeting between the applicant, MAC, and City and County staff shortly before the Planning Commission meeting. MAC expressed concern about a future access to their property through the southern end of the proposed cul-de-sac. Alternately, the applicant agreed to create a concept showing a future access at the end of the Surrey Street extension on the west side of the project site. The western access location would be closer to a future full access intersection on Pioneer Trail, which would be constructed when the MAC property develops. This concept resulted in the loss of one (1) lot. The applicant shared the concept at the Planning Commission meeting in addition to the original proposal for future road access from the cul-de-sac at the southern property line. Planning Commission Meeting Discussion At the Planning Commission meeting, residents from the adjacent neighborhood asked questions about the construction traffic and for assurance that the right-in/right-out would be constructed as part of this project. Since the Planning Commission meeting, staff has received public comment regarding the drainage and grading, which are attached to this memo. There was also discussion at the meeting about access to MAC property based on the above-mentioned concept the applicant prepared. MAC requested the road stub be built to the MAC property line on the west side of the project site from the Surrey Street extension. The applicant would extend Surrey Street to Pioneer Trail and construct a right-in/right-out on Pioneer Trail. This access will remain in place until the full intersection is constructed further to the west on MAC property. At that time, the right-in/right-out would be converted into an eyebrow cul-de-sac. The road connection through the MAC property would provide access to Pioneer Trail for both the proposed development and the existing neighborhood east of the project site through the full intersection at Pioneer Trail. This is the plan the applicant is presenting to City Council. One of the Planning Commission’s conditions of approval was the applicant and MAC to work out an agreement to provide access to MAC’s property and address Lot 22 prior to 1st reading. As such, the timing of the road stub construction has been discussed among the applicant, City staff, and MAC. Staff does not recommend construction of the road stub at this time. Staff recommends the dedication of right-of-way and the Developer grade the right-of-way in anticipation of the future connection, as shown in the proposed plans. Staff recommends the road connection be built when the full intersection is built. Preliminary Plat The proposed preliminary plat includes 23 single-family lots and four (4) outlots on a cul-de-sac street extending into the site from Surrey Street. There are three (3) outlots south of Pioneer Trail that will provide stormwater management on the site. The outlot north of Pioneer Trail is wooded. The applicant is proposing to deed all four (4) outlots to the City of Eden Prairie. The lots range in size from 6,947 square feet to 17,200 square feet with an average lot size of 10,436 square feet. The applicant is requesting a waiver for minimum lot size requirements for the lots that do not meet the R1-9.5 requirements. The applicant is requesting a waiver for front yard setbacks and minimum lot width. These are covered in more detail under Planned Development Waivers. Surrey Street will be extended to create a right-in/right-out access on the west property line to provide access to the site from Pioneer Trail. A cul-de-sac will be constructed south the of the Surrey Street extension. Right-of-way will be dedicated to the City on the western portion of the site to allow for a future access to the MAC property. Planned Development Waivers As a part of the PUD process, the applicant is seeking waivers to City Code requirements as outlined below. A. Minimum Lot Size – City Code requires a minimum lot size of 9,500 square feet. Eleven of the lots have smaller areas, ranging from 6,947 square feet to 8,860 square feet. All other lots meet or exceed minimum lot size requirements. The waiver would allow Lots 1-3, Lot 5, Lots 7-8, Lot 10, Lot 12, Lots 18-19, and Lot 21 Block 2 to have lots sizes less than 9,500 square feet. The lot sizes are reasonable given the existing topography of the site. The proposed lot sizes are similar to other recently approved single family homes in the R1-9.5 district and are intended to better fit the proposed villa style home. Further, the project meets the overall density guided for the site in the Comprehensive Plan, even with smaller lot sizes. B. Minimum Lot Width - City Code requires a minimum lot width of 70 feet at the street right-of-way and a minimum width of 55 feet for those lots entirely on the circular portion of the cul-de-sac. Fourteen out of the 23 lots do not meet the minimum lot width standards. Although the lots are narrow at the street, the lots are deeper than the minimum requirement in the R1-9.5 zoning district. These lots can accommodate the proposed villa style home products. The waiver allows Lot 1 Block 1, Lots 1-3, Lot 5, Lot 7, Lots 12-15, and Lots 19-20 Block 2 to have lot widths between 35.8 feet and 56.32 feet and Lots 8, 9, and 10, Block 2 to have lot widths between 32.5 and 50 feet. C. Front Yard Setback – City Code requires a 30 foot front yard setback. Most of the lots have a 25 foot setback, and seven (7) lots have 20 foot front yard setbacks. The waiver allows 20 foot front yard setbacks for Lots 17-21 Block 2 and a 25 foot setback for all other lots. The front portions of the lots are more level while the backyards are steeper due to existing topography and to accommodate stormwater management. Lots 1 and 2 in Block 1 are closer than the required setback to provide additional space between the homes and Pioneer Trail. Tree Replacement The proposed tree replacement plan requires 864 caliper inches based on the proposed removals. The applicant is proposing to save 13 significant and heritage trees in Outlot D in the eastern portion of the property. Outlot A, located north of Pioneer Trail, will remain wooded based on the proposed site plan. This outlot includes 21 significant and heritage trees. The tree replacement plan is short 15.5 caliper inches, which is roughly equals 4 trees. The applicant will need to revise the plan prior to receiving a Land Alteration Permit or signing the Development Agreement and the 2nd reading at City Council, whichever occurs first. The applicant will also need to identify Phase 1 and 2 trees on the Tree Replacement Plan prior to 2nd reading. 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 phasing in more detail. Sustainable Features The stormwater management is proposed to be infiltration basins planted with native species. The homes will be designed with energy saving features and appliances. The applicant is also proposing to wire the garages for electric vehicles. 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. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the July 27, 2020 meeting with the condition that prior to presentation to the City Council, the applicant and MAC work out an agreement to provide access to MAC’s property and address Lot 22. There were several other items that needed to be addressed prior to the 1st reading before City Council. There are two (2) remaining items that need to be addressed prior to 2nd reading and approval of a Development Agreement, including: 1. The Tree Replacement Plan shall be revised to reflect a tree replacement requirement of 864 caliper inches. 2. Revise the Tree Replacement Plan to provide a phasing plan for tree installation, with Phase 1 being trees in outlots/backyards and phase 2 trees being in front yards and areas surrounding building pads. Attachments 1. Ordinance for PUD and Rezone 2. Resolution for PUD Concept 3. Resolution for Preliminary Plat 4. Staff Report 5. Guide Plan Map 6. Zoning Map 7. Aerial Photo 8. Planning Commission Minutes 9. Public Comments PRAIRIE HEIGHTS 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, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-9.5 Zoning District. Section 3. That action was duly initiated proposing that the designation of the land be amended within the R1-9.5 Zoning District as -2020-PUD-_-2020 (hereinafter "PUD-_-2020”). 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 respectively 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. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of entered into between Norton Homes, 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 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 8. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the August 18, 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 Sun Current News on__________________, 2020. EXHIBIT A Legal Description Prior to Final Plat: That part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 116, Range 22, West of the 5th Principal Meridian, described as follows: Commencing at a point on the West line of said Section 26 distant 1765.9 feet South from the Northwest corner thereof; thence continuing South along said West line a distance of 514.04 feet; thence at a right angle East a distance of 561.33 feet; thence at a right angle North a distance of 514.04 feet; thence at a right angle West along a line which if extended passes through the point of beginning a distance of 270 feet; thence at a right angle North 323 feet more or less to the center line of County Road No. 1; thence West along the center line of said County Road No. 1 to the West line of Section 26; thence South along West line of said Section 26 to the point of beginning, except the West 31.5 feet thereof and subject to easement for road over the North 33 feet thereof. And, Outlot A, FRASER CHARLSON ADDITION Hennepin County, Minnesota Abstract Property Legal Description After Final Plat: Lots 1-2, Block 1; Lots 1-21, Block 2; and Outlots A, B, C, and D, Prairie Heights, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF PRAIRIE HEIGHTS FOR NORTON HOMES, LLC WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on July 27, 2020, on Prairie Heights by Norton Homes, 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 August 18, 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Prairie Heights, 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 August 10, 2020. 3. That the PUD Concept meets the recommendations of the Planning Commission dated July 27, 2020. ADOPTED by the City Council of the City of Eden Prairie this 18th day of August, 2020. _______________________ Ronald A. Case, Mayor ATTEST: ______________________________ Kathleen Porta, City Clerk EXHIBIT A PUD Concept Legal Description: That part of the Southwest Quarter of the Northwest Quarter of Section 26, Township 116, Range 22, West of the 5th Principal Meridian, described as follows: Commencing at a point on the West line of said Section 26 distant 1765.9 feet South from the Northwest corner thereof; thence continuing South along said West line a distance of 514.04 feet; thence at a right angle East a distance of 561.33 feet; thence at a right angle North a distance of 514.04 feet; thence at a right angle West along a line which if extended passes through the point of beginning a distance of 270 feet; thence at a right angle North 323 feet more or less to the center line of County Road No. 1; thence West along the center line of said County Road No. 1 to the West line of Section 26; thence South along West line of said Section 26 to the point of beginning, except the West 31.5 feet thereof and subject to easement for road over the North 33 feet thereof. And, Outlot A, FRASER CHARLSON ADDITION Hennepin County, Minnesota Abstract Property CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-80 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE HEIGHTS FOR NORTON HOMES, LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Prairie Heights for Norton Homes, LLC stamp dated August 10, 2020, and consisting of 9.6 acres into 23 lots and 4 outlots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers and a Zoning District change and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 18th day of August, 2020. ___________________________ Ronald A. Case, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Sarah Strain, Planner I Beth Novak-Krebs, Senior Planner DATE: July 27, 2020 SUBJECT: Prairie Heights LOCATION: 12701 Pioneer Trail and PID 27-116-22-14-0035 REQUEST: • Planned Unit Development Concept Review on 9.6 acres • Planned Unit Development District Review with waivers on 9.6 acres • Zoning District Change from Rural to R1-9.5 on 9.6 acres • Preliminary Plat to create 24 lots and 4 outlots on 9.6 acres 120 DAY REVIEW PERIOD DEADLINE: October 16, 2020 BACKGROUND The applicant is requesting approval to develop 12701 Pioneer Trail and vacant lot 27-166-22-14- 0035 to the west into 24 single-family lots. The parcels are located about 1/3 mile east of the Pioneer Trail and Flying Cloud Drive intersection. The properties are a total of 9.6 acres with about 0.28 acres located north of Pioneer Trail. 12701 Pioneer Trail currently contains a single family home, which will be demolished before construction begins. The properties are bordered by single-family development to the east, MAC airport property to the south and west, and residential and industrial uses to the north across Pioneer Trail. GUIDING AND ZONING The properties are currently zoned Rural. The applicant is requesting to rezone the properties to R1-9.5. Residential zoning of surrounding properties includes R1- 13.5 to the east and RM-6.5 to the north. The properties are guided for Low Density Residential, which allows a maximum of five (5) dwelling units per acre. The proposed project density is Staff Report – Prairie Heights Development July 27, 2020 Page 2 2 2.58 units per acre, consistent with current guiding. PRELIMINARY PLAT The proposed preliminary plat includes 24 single family lots and four (4) outlots. The lots are located along the extension of Surrey Street and a new cul-de-sac extending to the south from Surrey Street, proposed to be called Liberty Court. About half the lots will have driveway access off of Surrey Street and the other half will have driveway access off of Liberty Court. Proposed Outlot A will encompass the portion of the property north of Pioneer Trail, and the applicant is proposing to preserve the existing trees on that portion of the property. Proposed Outlot B is located just south of Pioneer Trail in the northcentral portion of the property, proposed Outlot C is located on the west side of Liberty Court behind the proposed lots and proposed Outlot D is located along the east property line. Outlots B, C, and D will include stromwater management facilities. The applicant is proposing to deed all four (4) outlots to the City of Eden Prairie. The lots range in size from 6,947 square feet to 17,200 square feet. Eleven of the lots do not comply with the minimum lots size requirements of the R1- 9.5 zoning district. Therefore, the applicant is requesting a PUD waiver for lot size, discussed more below. All of the proposed lots meet side and rear lot setbacks. The applicant is also requesting PUD waivers for front yard setbacks and minimum lot width. The preliminary plat also shows a ghost or conceptual plan for potential future development of 12661 Pioneer Trail, located northeast of the project area. Hennepin County has noted that access off of Pioneer Trail will not be allowed if this parcel develops or is subdivided in the future. This lot currently has a driveway off of Pioneer Trail. The applicant has shown an example of how access to the parcel can be provided from the Surrey Street extension. The lots shown on the ghost plan are just short of the Staff Report – Prairie Heights Development July 27, 2020 Page 3 3 required lot width and would need to seek a PUD waiver to proceed as shown or be revised to meet City Code. If this parcel is subdivided or develops in the future, a separate review process will be required. Approval of this project and plan does not include approval of any development or future configuration of 12661 Pioneer Trail. It should be noted that there are emergency overflow concerns as shown in the ghost plan, which will be addressed in reviewing any future development or configuration of this lot. 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 Size – City Code requires a minimum lot size of 9,500 square feet. Eleven of the lots have smaller areas, ranging from 6,947 square feet to 8,860 square feet. All other lots meet or exceed minimum lot size requirements. The waiver would allow Lots 1-3, Lot 5, Lots 7-8, Lot 10, Lot 12, Lots 18-19, and Lot 21 Block 2 to have lots sizes less than 9,500 square feet. The lot sizes are reasonable given the existing topography of the site. The proposed lot sizes are similar to other recently approved single family homes in the R1-9.5 district and are intended to better fit the proposed villa style home. Further, the project meets the overall density guided for the site in the Comprehensive Plan, even with smaller lot sizes. B. Minimum Lot Width - City Code requires a minimum lot width of 70 feet at the street right-of-way and a minimum width of 55 feet for those lots entirely on the circular portion of the cul-de-sac. Fifteen out of the 24 lots do not meet the minimum lot width standards. Although the lots are narrow at the street, the lots are deeper than the minimum requirement in the R1-9.5 zoning district. These lots can accommodate the proposed villa style home products. The waiver allows Lot 1 Block 1, Lots 1-3, Lot 5, Lot 7, Lots 12-15, and Lots 19-22 Block 2 to have lots widths between 35.8 feet and 56.32 feet and Lots 8, 9, and 10, Block 2 to have lot widths between 32.5 and 50 feet. C. Front Yard Setback – City Code requires a 30 foot front yard setback. Most of the lots have a 25 foot setback, and seven (7) lots have 20 foot front yard setbacks. The waiver allows 20 foot front yard setbacks for Lot 4 and Lots 17-22 Block 2 and a 25 foot setback for all other lots. The front portions of the lots are more level while the backyards are steeper due to existing topography and to accommodate stormwater management. Lots 1 and 2 in Block 1 are closer than the required setback to provide additional space between the homes and Pioneer Trail. Staff Report – Prairie Heights Development July 27, 2020 Page 4 4 TREE REPLACEMENT The project site requires 869 caliper inches of tree replacement based on the proposed significant and heritage tree removals. The applicant is proposing to save 126 inches of heritage trees on the site. Prior to 1st Reading at City Council, the applicant will need to submit a revised Tree Replacement plan using the correct replacement formula and adjust proposed plantings accordingly. SIDEWALKS AND TRAILS A five (5) foot sidewalk is proposed along the south side of the Surrey Street extension, which will connect to the existing sidewalk along Surrey Street. The existing trail along the south side of Pioneer Trail will be retained. A pedestrian crosswalk will be installed across the new Surrey Street connection. STREETS AND TRAFFIC As part of the proposed plat and development, Surrey Street will be extended to connect to Pioneer Trail. This connection will be a right-in, right-out only access. This connection is being made to help alleviate traffic concerns in the neighborhood. The 24 single-family, villa style homes are expected to generate approximately 322 trips in a day and 30 in the peak hour. The transportation system in and around the project area is anticipated to accommodate the additional traffic. The traffic data used for this analysis was obtained prior to the COVID-19 pandemic. Residents from the surrounding neighborhood have raised concerns about traffic volumes and turning movements at the intersection of Pioneer Trail and Woodridge Drive at certain times of the day. Although the intersection is not located in the immediate project area, the traffic study analyzed this intersection and determined that the delays experienced during peak times are within the typical range of operation for a through/stop sign intersection along a divided, four (4) lane county road. A road stub is also being included at the end of the proposed Liberty Court cul-de-sac to provide future access to the MAC property to the south if future development occurs on the MAC property. There are no plans to develop this land in the near future. If Liberty Court is extended in the future to the MAC property, the retaining wall along the south property line will need to be removed and graded out. This removal and grading work will be MAC’s responsibility. If the MAC property does develop, it is anticipated that a full access intersection will be constructed at a different point along Pioneer Trail west of the project area. The right-in, right-out access proposed with this project would likely be closed and become a half cul-de-sac. The applicant has accounted for the potential cul-de-sac in design dimensions for the right-in, right-out. The full access intersection off of Pioneer Trail would serve the Prairie Heights development through the connection and expansion of the road stub. The applicant, MAC planners, and City and County staff have briefly discussed the potential to construct the full access intersection concurrently with the Staff Report – Prairie Heights Development July 27, 2020 Page 5 5 proposed development. Construction traffic is proposed to enter the site using the existing driveway off of Pioneer Trail on the north side of the project area. DRAINAGE There are two (2) stormwater management areas on either side of the cul-de-sac behind the lots. There is another stormwater management area along the north edge of the property along Pioneer Trail. The stormwater management areas will be treating stormwater from the project area. These basins will treat 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. There are no wetlands on the properties. The emergency overflow of the infiltration basin in Outlot D roughly follows the direction of existing drainage. However, this causes the emergency overflow to be directed toward existing structures. The risks of flooding from surface runoff, including discharges over the emergency overflow capacity in large events, needs to be understood and must not increase beyond existing conditions. Prior to the 1st reading at City Council, the applicant must provide the results of model scenarios comparing flow reaching the existing catch basin and existing emergency overflow between 9708 and 9724 Tree Farm Road for back-to-back 100 year flood events to proposed conditions. The applicant must add a catch basin along the curb and gutter of the turn lane on Pioneer Trail as they continue to finalize design with Hennepin County. SUSTAINABILIY FEATURES The stormwater management is proposed to be infiltration basins planted with native species. The homes will be designed with energy saving features and appliances. The applicant is proposing to wire the garages for electric vehicles. ARCHITECTURE The applicant has provided examples of the building design expected with the villas. The picture to the right shows the general style of the villas. The Development Agreement will include language to provide for diversity in design, materials, and color to help ensure neighboring parcels are not identical, similar to language Staff Report – Prairie Heights Development July 27, 2020 Page 6 6 included in the Development Agreements for the Villas at Smith Village and Stable Path. AIRPORT The properties are located just east of the Flying Cloud Airport. Due to the proximity to the airport, the properties are located in Airport Safety Zone C. Airport Safety Zone C encompasses all properties within one (1) mile of the airport that are not part of runway approach zones. Restrictions in Safety Zone C are height and radio or electrical interference. The proposed single-family villas are below the maximum height permitted and do not pose a hazard for radio or electrical interference, consistent with airport zoning requirements. The applicant has also noted homes will have interior noise mitigation plans to reduce airport noise. UTILITIES Public sanitary sewer and water are proposed to be extended along the Surrey Street extension and new Liberty Court cul-de-sac. LIGHTING Street lights are proposed at the intersection of Surrey Street and the new Liberty Court cul-de-sac and at the end of Liberty Court close to the right-of-way stub. SIGNS There are no monument signs proposed for this development. Any sign proposed in the future will require review and approval through a sign permit to ensure compliance with Section 11.70 of City Code. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on June 4, 2020. About 40 neighbors attended the meeting. The two (2) primary concerns raised at the meeting were increased traffic in the neighborhood and construction traffic. To address these concerns, the applicant is proposing to connect the Surrey Street extension to Pioneer Trail at the time of initial grading to provide options for traffic movement. The applicant is also proposing to use the existing driveway off of Pioneer Trail on the north side of the site for construction access rather than having construction traffic traveling through the existing neighborhood. As of July 21, 2020, staff has not received any comments on the proposed project. STAFF RECOMMENDATION Staff recommends approval of the following: • Planned Unit Development Concept Review on 9.6 acres • Planned Unit Development District Review with waivers on 9.6 acres • Zoning District Change from Rural to R1-9.5 on 9.6 acres Staff Report – Prairie Heights Development July 27, 2020 Page 7 7 • Preliminary Plat to create 24 lots and 4 outlots on 9.6 acres This is based on plans stamp dated July 16, 2020, and staff report dated July 27, 2020 and the following conditions: 1. Prior to the 1st reading by the City Council, the applicant shall: A. Revise the Preliminary Plat to include a 10 foot drainage and utility easement along Pioneer Trail on Lot 22. B. Revise the Site Plan to add R1-9.5 to the Proposed Zoning and include contours 250 feet beyond the property lines. C. Revise the Demolition Plan item number 6 to read “Contact the City of Eden Prairie Public Works Department”. D. Revise the Tree Replacement Plan to use the correct constant to calculate tree replacement requirements and provide a phasing plan for tree installation, with Phase 1 being trees in outlots/backyards and phase 2 trees being in front yards and areas surrounding building pads. E. Revise the Tree Replacement Plan to remove proposed plantings from drainage and utility easements. F. Provide the results of model scenarios comparing flow reaching the existing CB and existing EOF between 9708 and 9724 Tree Farm Road for back-to-back 100 year flood events for existing and proposed conditions. G. Revise Grading and Drainage Plan to restore any disturbances to the drainage and utility easement between 9692 and 9708 Tree Farm Road with sod. H. Revise the Basin Cross Sections to increase the orifice diameter to 8-inches minimum or an alternative weir wall design for OCS 500 and OCS 600. I. Revise the Basin Cross Sections so FES 300 in Basin B is re-aligned to direct flow into the basin rather than into the side slope. 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”) that 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. Staff Report – Prairie Heights Development July 27, 2020 Page 8 8 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. C. Revise Utility Plan to stub sewer and water services to the north ROW of Surrey Street for the future connections to the 12661 Pioneer Trail property. D. Revise the Utility Plan such that the sanitary sewer can be extended to the MAC property in the future, terminating in the same location as the watermain. E. Revise the Utility Plan to reflect the correct configuration of the existing watermain on Surrey Street. 5. The following waivers are granted through the PUD for the project as indicated in the plans stamp dated July 16, 2020. A. Minimum Lot Size – City Code requires a minimum lot size of 9,500 square feet. Eleven of the lots have smaller areas, ranging from 6,947 square feet to 8,860 square feet. The waiver would allow Lots 1-3, Lot 5, Lots 7-8, Lot 10, Lot 12, Lots 18-19, and Lot 21 Block 2 to have lots sizes less than 9,500 square feet. B. Minimum Lot Width - City Code requires a minimum lot width of 70 feet at the street right-of-way and a minimum width of 55 feet for those lots entirely on the circular portion of the cul-de-sac. The waiver allows Lot 1 Block 1, Lots 1-3, Lot 5, Lot 7, Lots 12-15, and Lots 18-22 Block 2 to have lots widths between 35.8 feet and 56.32 feet and Lots 8, 9, and 10, Block 2 to have lot widths between 32.5 and 50 feet C. Front Yard Setback – City Code requires a 30 foot front yard setback. Most of the lots have a 25 foot setback, and seven (7) lots have 20 foot front yard setbacks. The waiver allows 20 foot front yard setbacks for Lot 4 and Lots 17-22 Block 2 and a 25 foot setback for all other lots. Staring Lake City 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: Prairie HeightsAddress: 12701 Pioneer Trail and PID #27-116-22-14-0035Eden Prairie, MN 55347 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 790 0 790395 Feet Date Approved: 10-01-2019 PROJECT SITE Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD Staring Lake City 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. ¯ Ordinance #19-2018 and 20-2018 approved, but not shown on this map edition Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2020 0 0.30.15 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: Prairie HeightsAddress: 12701 Pioneer Trail and PID #27-116-22-14-0035Eden Prairie, MN 55347 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. Airport Office Office Neighborhood Commercial Community Commercial Highway Commercial Airport Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU TOD-E TOD-R Transit Oriented Development - Residential TOD-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Parks and Open Space Golf Course Water Right of Way PROJECT SITE Shoreland Management Classifications 100 - Year Floodplain Natural Environment Waters Recreational Development Waters General Development Waters (Creeks Only)GD NE RD ¯ Aerial Map: Prairie HeightsAddress: 12701 Pioneer Trail and PID #27-116-22-14-0035Eden Prairie, MN 55347 0 560 1,120280 Feet PROJECT SITE APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JULY 27, 2020 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Rachel Markos, Carole Mette, Lisa Toomey, William Gooding CITY STAFF: Julie Klima, City Planner; Matt Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer I. CALL THE MEETING TO ORDER Chair Kirk called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Commission member DeSanctis, Pieper, and Farr were absent. III. APPROVAL OF AGENDA MOTION: Markos moved, seconded by Mette to approve the agenda. MOTION CARRIED 6-0. IV. MINUTES MOTION: Gooding moved, seconded by Toomey to approve the minutes of July 13, 2020. MOTION CARRIED 6-0. V. PUBLIC HEARINGS PRAIRIE HEIGHTS (2020-06) Request for: • Planned Unit Development Concept Review on 9.6 acres • Planned Unit Development District Review with waivers on 9.6 acres • Zoning District Change from Rural to R1-9.5 on 9.6 acres • Preliminary Plat to create 24 lots and 4 outlots on 9.6 acres • Preliminary Plat to create 1 lot on 2.85 acres Pat Hiller of Norton Homes presented a PowerPoint and detailed the application. The development planned a series of 24 single family detached villas in a full “snow and mow” association. Finished homes ranged from 3,000 to 3,500 total PLANNING COMMISSION MINUTES July 27, 2020 Page 2 square feet, and prices ranged from $700,000.00 to the $800,000.00s. Hiller explained these types of one level living developments were very popular in the Twin Cities. Site development (site grading) would being in September if this application was approved. This was a PUD application requesting the site, currently zoned low density residential, be rezoned to R1-9.5. Hiller displayed the site plan. Water and sewer connections would be made at the northeast, and there would be a road connection to the west onto Pioneer Trail. He displayed the three styles of building homes and pad sizes and their numbers: there would be 18 “Mitchell” home lots, three “Staring” home lots and three “Bryant” home lots. This development fell within the Flying Cloud Zone C area and the developer would take out permits to build residential homes with an interior noise mitigation plan and building/construction equipment height limitations. There would be noise reducing windows and doors. The building and construction equipment heights were well below allowable limits, and Flying Cloud Airport disclosure would be included with each home sale. Sustainability features included storm water infiltration basins conforming to watershed district standards. The developer would work with staff to plant native species in and around storm basins and was also willing to donate the outlot north of Pioneer Trail to the city for permanent open space. The garages would be electric vehicle-ready. There would be increased STC window noise rating to minimize impact of airport noise. The developer completed a traffic study that was based on analytical cases because an actual traffic count due to the Covid-19 pandemic was impossible. This study found the impact would be minimal, and no improvements were recommended. The developer did hear from neighbors. Neighborhood concerns included construction traffic coming through the existing neighborhood and the plan to build out the right in, right out connection to Pioneer Trail in a second phase rather than during Phase One. The plat application had been amended to request the existing driveway from Pioneer Trail to the north of the site to remain open for site development and for home construction traffic to use. The developer eliminated project phasing to construct all 24 lots in one phase. The plat proposed a future connection to MAC property through the right-of-way off Liberty Court. MAC objected this connection would impact the possible future development on its site, so an alternate access was being proposed. This would cause the loss of a lot at Pioneer Trail but would provide right-of-way access to MAC property in the future. Mette asked if Hiller would consider having the access on Pioneer Trail align with the Outlot A to create a right-in, right-out, or connect on Surrey Street and PLANNING COMMISSION MINUTES July 27, 2020 Page 3 connection with a mini cul-de-sac and turnaround to the southwest. Hiller replied every combination was looked at and a full intersection was not warranted by the traffic study. Hennepin County was opposed to new connections to Pioneer Trail location due to sight lines. Markos asked if the existing curb cut would be used only for construction, or if it was a part of the Prom property as well. Hiller replied the curb cut had to remain and the developer would relocate the driveway so the resident would have a dedicated driveway. Markos asked what impact the MAC connection would have. Hiller replied it would take out one of the lots and leave only 23 building lots for the final design. Higgins expressed concerns regarding water flow and runoff, noting the slopes were considerable and were now being regraded. She asked Hiller to reacquaint the commission with its thought process to get to this water flow plan. Dave Nash with Alliant Engineering replied their geotech work resulted in a grading plan that determined the lowest areas on the site to adjust grades. The result was significant retaining walls. The ponds were infiltration ponds which most of the time would be dry but were designed for 100-year storm events. This was a common and preferable solution in developments with a sand and porous site base. This plan had gone through several comments from the City and those were addressed, along with the watershed comments. Klima presented the staff report. The applicant proposed 24 single family lots and 4 outlots, three of which were intended for stormwater management purposes, and one to remain undisturbed. All outlots would be deeded to the City. The properties were currently zoned Rural and the applicant was requesting to be rezoned to R1-9.5, which was consistent with the Comprehensive Plan. The lots would be accessed by extending Surrey Street to the west and by creating a right-in, right-out intersection on Pioneer Trail. A cul-de-sac would also be created to the south of the Surrey Street extension. As part of the PUD, the applicant was also requesting waivers for minimum lot size, minimum lot width, and front yard setback. Staff recommended approval subject to the conditions in the staff report. Mette asked if Klima had comments regarding the fate of outlot A. Klima replied it was a remnant parcel and there might be an opportunity to perhaps provide for stormwater needs in the future, but that was to be determined. Mette noted zoning change requests from Rural to R1-9.5 had come before the Commission before and she asked if the City had considered looking at this zoning, since it has so many exceptions. Klima replied the R1-9.5 district was not routinely used until recently. Through the Aspire housing and land use conversations the City heard the need to have a variety of housing types. Single-level living situation is appealing to empty nesters and younger homeowners. Staff was seeing more requests now because of a change in market trends. This zoning could be looked at in the future. PLANNING COMMISSION MINUTES July 27, 2020 Page 4 Pat Pappas, resident at 9631 Tree Farm Road, asked for assurance that construction traffic would not be going down Surrey Street and Woodridge Road and that there would be a right-in, right-out connection with sufficient signage. Dana Nelson, Director of Stakeholder Engagement MAC, stated MAC operated the Flying Cloud Airport which was less than one mile west of the development site. Her comments were similar to a letter sent to the City Planner in 2016 upon review of the zoning and preliminary plat request, and a letter containing her current comments would be submitted. She gave background of the Flying Cloud Airport and its community benefits and described her efforts to identify noise impacts and minimize them in accordance with the Aspire 2040 Comprehensive Plan and the Metropolitan Council’s Land Use Compatibility Guidelines for Aircraft Noise. Construction near the airport would increase noise complaints. MAC had no way to restrict aircraft activity or noise at Flying Cloud. Neither the MAC nor the FAA could provide noise mitigation materials. The MAC requested the following: that the City draft avigation easements for each parcel, notify potential homebuyers of the nearby airport, waive all claims against MAC for future noise and air quality impact, ensure homeowners are notified of the zoning site and conform to height limits and zoning restrictions, communication MAC’s intention to develop the site to the site, install fast-draining ponds so as to deter waterfowl which are incompatible with aircraft, avoid fruit-bearing and ornamental tree plantings, design access points that did not require permanent easements on MAC property and that construction of the stub road be concurrent with the construction of this development. She also asked for clarification of setback. Markos asked if MAC had any proposed future development. Nelson replied there were no confirmed plans but an office complex was possible. There would be no residential development. Mette asked for and received confirmation that MAC was requesting access and intersection be completed as a part of this plan and there was no curb cut there now. Bridget Rief, MAC Vice-President of Planning and Development, replied this only concerned the stub road causing the loss of the 24th lot. Kirk asked for and received confirmation there were no plans to develop the rest of the intersection at this time. John Fedora, resident at 9820 Tree Farm Road, stated the proposed developed area south of this development was Parcel Six, which prevented the fulfillment of contiguous open space required by the JAZB Zoning Code. Therefore, Parcel Six could not be developed. He asked that this m be addressed. Patrick Prom, resident at 12661 Pioneer Trail, expressed frustration that he could not hear well in the Council Chambers with the existing speaker system, and asked for further clarification. Kirk offered to repeat the questions as they were addressed by the Commission, and Mette reminded the audience a follow-up letter with these conditions would be submitted for the public to also see. PLANNING COMMISSION MINUTES July 27, 2020 Page 5 MOTION: Toomey moved, seconded by Mette to close the public hearing. MOTION CARRIED 6-0. Kirk repeated the request for an assurance the construction traffic would come in the old driveway off Pioneer Trail to the north of the project, and the right-in, right-out would be off Pioneer Trail. He mentioned the noise issue, the request for education around what the MAC could do in the future, the request from MAC to have proximity to airport notifications so new homebuyers were not surprised, construction of the ponds and landscaping to minimize water fowl or bird issues near the airport, and an alternative roadway proposal that would bring Surrey Road parallel to feed into a larger intersection west of the project. Klima stated the majority of those comments and requests were expected and standard comments the City receives on any development in proximity to the airport. The City has standard language in development agreements regarding proximity and noise mitigation building construction materials. Hiller had addressed those and the City would include those in the development agreement. Regarding Zone C requirements, this development would be in compliance, and there would be an airport permit as a condition of approval. Toomey asked if there was a mandatory curfew at the airport. Klima replied it did not have a curfew. Kirk replied it was a 24-7 operation. Nelson agreed and added there was a voluntary nighttime quiet time asking users not to utilize the airport between 10 p.m. and 7:00 a.m. Kirk reminded the audience a written letter would be submitted. Klima gave an overview of Parcel Six. Parcels Two through Five were approved for office or commercial rezoning. Parcel Six was not approved due to lack of a specific development plan being imminent. The final slide by Hiller gave the conceptual development on that parcel. Any future development on Parcel Six would have to start with the rezoning process. Kirk agreed open space was needed and asked if there was any ambiguity in the Ordinance regarding this land. Brad Juffer, Manager of Community Relations for MAC, replied the northern portion of Parcel 6 had become JAZB Zone C, which was a less restricted zone for development. Zone B, to the south, would have development opportunities but would be limited by density. There would be no restriction on development in Zone C except for height and some specific uses. Rue stated the construction access and the right-in, right-out had both been approved by Hennepin County. Construction access on one lot would be left open and minimal traffic would use it, and the right-in, right-out would be eliminated per County direction. Mette asked if the proposed road was approved by the City and the County. Rue replied the access was not approved; the location was ideal under County standards. This was a proposed future intersection. Discussion PLANNING COMMISSION MINUTES July 27, 2020 Page 6 followed on the configuration of this road to enable a possible future development of the MAC parcel. Rue explained the roadway would ultimately likely be reconfigured, perhaps into a half cul-de-sac. The right-in, right-out would stay until full access was developed. Hiller agreed to follow the County requirements of the stub road and offered to work with staff. What he had presented was not fully conceptualized, and it would ultimately be decided upon. Gooding asked if the significant amount of retaining walls would be in private lots or in common areas, and who would be responsible for the cost of maintenance and repair. Nash replied some were on private lots and some on City outlots, and the City outlots would require an encroachment agreement. The HOA would maintain all retaining walls. Markos asked for and received clarification the stub road was decided on to accommodate a request by the MAC. A right-of- way could be left there instead as an alternative option. Mette noted her understanding was the right-in, right-out on Pioneer Trail would be built and would address neighborhood concerns. She was pleased to hear the developer was willing to work with MAC on the access. She would align Surrey Street differently in order not to lose a house. She was concerned a lot of planning served an unapproved, nonexistent intersection to serve an unknown future use in an unknown time for an unknown owner—a considerable concession by the developer. Gooding stated he visited the site, which was a very hilly area. It required considerable regrading and he shared concerns about drainage. It was close to the airport. He was concerned about the walls being HOA responsibility, which could be expensive down the road, but he found the development impressive and was encouraged by the developer’s willingness to work with staff. Kirk concurred, and added he liked the development and its design. He added within reason the commission and developers must work with MAC and take its requests and concerns into consideration. Discussion followed on a possible motion to address all concerns. MOTION: Mette moved, seconded by Markos to approve the Planned Unit Development Concept Review on 9.6 acres, Planned Unit Development District Review with waivers on 9.6 acres, Zoning District Change from Rural to R1-9.5 on 9.6 acres, and Preliminary Plat to create 24 lots and 4 outlots on 9.6 acres based on plans July 16, 2020 and the staff report dated July 27, 2020 and stipulating the condition that prior to presentation to the City Council the applicant and MAC work out an agreement on how to address Lot 22 and how to provide a connection to MAC’s property. MOTION CARRIED 6-0. VARIANCE #2020-02 PLANNING COMMISSION MINUTES July 27, 2020 Page 7 Location: 16740 Rogers Road Request for: • To decrease side yard setbacks from 10ft to 7ft for a shed Marla Ekman, property owner, displayed a PowerPoint and presented her application. Her variance request was to decrease the side yard setback from the required 10 feet to seven feet. There were existing structures, egress windows, and mature trees on the site limiting the location of the shed. The applicant wished to preserve the mature trees on the site and was requesting the variance to encroach three feet into the side yard setback. She displayed photographs to illustrate the site and explained its limitations which prevented her from following the 10-foot requirement. Klima presented the staff report. Variances may be granted if it was in harmony with the general purposes and intent of the ordinance and meet statutory criteria. The proposed variance met the general purposes and statutory criteria as identified in the Staff report as well as the three-part test, and staff recommended approval subject to the conditions in the staff report and in the Final Order. MOTION: Higgins moved, seconded by Mette to close the public hearing. MOTION CARRIED 6-0. Markos stated her concern was the applicant’s neighbor and commended the applicant for having a good-faith conversation. She also suggested plantings along the shed, and Ekman replied she was planning to put in hostas. MOTION: Higgins moved, seconded by Mette to approve the application based on the findings in the staff report dated July 27, 2020 and the findings and conditions of the Final Order #2020-02. MOTION CARRIED 6-0. VI. PLANNERS’ REPORT Klima stated there was a memo in the commissioners’ packets concerning EV charging stations. Residents had come forward to the City Council’s open podium to state St. Louis Park had adopted an EV charging ordinance and requested Eden Prairie to do the same. The City Council asked the Planning Commission to review and weigh in on this. There was a sliding-scale requirement in terms of number of EVCS based on parking stalls required. A cost cap had been included in the St. Louis Park ordinance. Staff prepared a report which was included in the commission’s materials. The City of Bloomington adopted EVCS requirements in December, 2019 and Golden Valley included EV charging stations as one of 17 options for PUD consideration. Toomey asked for confirmation all the new home construction in Eden Prairie had these stations included. Klima provided a list of properties that included them, and replied it was not a requirement, but an ordinance doing so was the subject of this request by PLANNING COMMISSION MINUTES July 27, 2020 Page 8 residents. Kirk noted it was more the exception than the rule. Toomey asked if the City of Eden Prairie could partner with commercial business to install these in park parking lots. Discussion followed on free versus fee/targeted-client EV charging stations. Mette stated the Commission should not require the stations be free of charge but should leave it up to the property owners. She urged the City treat residential, multi-family and commercial differently. She stated she was not against a requirement but more in favor of providing incentives to developers for EV stations or wiring. Providing capacity was a laudable goal for housing and especially at multi-family developments, where it could be required. It would be impractical to require it for retail development, where people did not park for long, but office and the Mall would make more sense. She argued against aggressive commercial enforcement in favor of offering them where they would actually be used. Markos agreed, and added a wired option for single-family was a forward-thinking idea. Mette added requiring it at every commercial development would be like requiring all commercial development to have a gas station. Gooding agreed, and stated Xcel had set up a system wherein if a resident charged overnight that person paid less than during the day. The most logical place to charge was at one’s home, and pre-wiring up-front was relatively inexpensive. Kirk agreed, and added the Commission encouraging this capacity in new residential was very important. It was possible an ordinance was not needed if this became part of the building code. He agreed with Mette it should be required at multi- family housing. Commercial development could offer it if market forces allowed them to benefit. He also commended Markos’s idea to partner with commercial entities to help pay for their installation. Mette recommended the City reach out to multi-family developments in Eden Prairie to determine demand and interest. Kirk urged Eden Prairie be proactive on this. VII. MEMBERS’ REPORTS VIII. ADJOURNMENT MOTION: Toomey moved, seconded by Gooding to adjourn. MOTION CARRIED 6-0. The meeting was adjourned at 8:51 p.m. 1 Sarah Strain From:uday bhaskar <udaymvn@yahoo.com> Sent:Monday, August 10, 2020 9:35 PM To:Sarah Strain Cc:Uday Marella; Padma Priya Bandarupalli Subject:Reg: Prairie Heights Project construction questions/concerns. Greetings Sarah, I wanted to bring it to your attention my concerns due to the proposed expansion of the storm sewer pipeline by the builder from infiltration basin to the easement located on my property. I've multiple trees, lilac shrubs, under ground sprinkler system & cable TV wires, foundation of my house, wooden fence, lawn etc. are around the planned pipeline which will be impacted due the proposed pipeline construction. Would you please ensure the current/original condition/state of my property is carefully restored after the completion of the proposed pipeline construction. I am submitting my concerns to you before the 8/18th public hearing. Appreciate your help and Thanking you in advance. Best Regards, Venkata Uday Marella 9692 Tree Farm RD, Eden Prairie, MN 55347 952-938-1374 udaymvn@yahoo.com CITY COUNCIL AGENDA SECTION: Public Hearings DATE: August 18, 2020 DEPARTMENT/DIVISION: Community Development/Planning Janet Jeremiah/Julie Klima ITEM DESCRIPTION: Flying Cloud Commons ITEM NO.: IX.C. Requested Action • Close the Public Hearing; and • Adopt a Resolution for Planned Unit Development Concept Review on 7.27 acres; and • Approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers on 7.27 acres; and • Adopt a Resolution for a Preliminary Plat of one outlot into 3 lots and 2 outlots on 7.27 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and Synopsis Oppidan Investment Co. is requesting approval of a request to develop the property at the corner of Flying Cloud Drive and Prairie Center Drive. The proposed project is the third phase of the Castle Ridge Redevelopment project. This phase proposes the construction of approximately 34,000 square feet of commercial uses and reserves a 1.74 acre outlot for a future phase of additional commercial development. Requested Waivers The Castle Ridge Redevelopment area is guided Mixed Use and this property is zoned Community Commercial. The proponent is requesting a number of waivers through the PUD process. The waivers may be reasonable given the unique nature of this project and property constraints. Following is a list of the waivers being requested: 1. Public Street Frontage for Lot 1. City Code requires that all lots have frontage on a public street. Lot 1 is proposed without public street frontage. This lot is served by the private drives that provide access through the master project area. 2. Minimum lot size. The minimum lot size required in the Community Commercial zoning district is 5 acres. The zoning for this property was established with the 2008 Castle Ridge project. The parcels as proposed do not meet the 5 acre size requirement. The overall commercial site is approximately 7.3 acres in size. The smaller parcel sizes (ranging from 0.7 to 2.76 acres) allow for flexibility within the PUD to maximize a mix of uses to serve the nearby and adjacent residents. 3. Minimum lot depth and lot width. City Code requires a minimum lot width and lot depth of 300 feet in the Community Commercial zoning district. The overall commercial area of this master project area exceeds these dimensions. However, the individual parcels do not meet these requirements. The smaller parcel dimensions allow for flexibility within the PUD to maximize a mix of uses to serve the nearby and adjacent residents. 4. Parking Setback on Lot 2. City Code requires a 10 foot setback from side and rear property lines for parking. Lot 2 proposes a 3 foot setback along the side property line shared with Fountain Place. The additional area allows for the construction of parking stalls to serve Lot 2. 5. Parking Lot Island Width and Size. City Code requires that parking lot islands have a minimum width of 5 feet and be 160 square feet in size. The parking islands are required to occupy 5% of the parking lot area. In this phase, the area dedicated to parking lot islands exceeds the 5% requirement at 13.7%. However, 6 of the 32 parking lot islands do not maintain a 5 foot width for their entire perimeter and 6 of the islands do not meet the 160 square foot size requirement. The overall parking areas provide more than double the required island areas. 6. Parking Stalls on Lot 3. The developer has revised the layout of the proposed building and parking on Lot 3 in response to Planning Commission comments. The reconfiguration has allowed the separation of the access points for Lot 3 (Bank of America) and Lot 2 (ChickFilA drive through). The reconfiguration results in Lot 3 providing 22 stalls rather than the 24 stalls required by City Code. The separation of the access points increases vehicular and pedestrian safety and reduces opportunity for circulation confusion. Development Agreement Items This project is part of an overall master project area which includes the Castle Ridge Senior Housing site and the Paraval multi-family housing site. The Development Agreement for this project will require coordination of amenities such as lighting, pedestrian connection materials, streetscaping along Prairie Center Drive, etc. between all phases of the master project area. Geotechnical exploration information will need to be provided to the City. The City recognizes that getting a boring at this location may not be possible at this time given the current condition of the site. The Developer must conduct a boring prior to installation of the BMP. If the results of the testing are not consistent with the Stormwater Management Report, the Developer must amend the design to accommodate the lesser infiltration rates. The Development Agreement will include language to address this. Landscaping/Tree Replacement Review The developer has provided the additional information requested by staff to confirm the landscaping and tree replacement requirements. Because the overall project area will be constructed in 2 phases, tree replacement will be allocated to each phase based on the acreage of each phase. In this phase, 373 caliper inches will be required for tree replacement and 119 caliper inches of tree replacement will be allocated to Phase 2 (Outlot B area). The Development Agreement will reflect the allocation. The proposed landscaping plan meets the requirements for landscaping and provides 296 caliper inches to be applied toward tree replacement. Consistent with information shared in the report to the Planning Commission, staff recommends that the remaining tree replacement requirement of 77 caliper inches be met through the payment in lieu option provided in City Code. The Development Agreement will include language to address the payment in lieu requirement. The landscaping plan includes information for Outlot B. Outlot B landscaping and tree replacement requirements will be confirmed at the time that development plans are submitted for that phase. The landscaping plan for Outlot B is illustrative only and is not included with this approval. Planning Commission Recommendation The Planning Commission voted 8-1 to recommend approval of the project at the May 26, 2020 meeting. There were multiple items that needed to be addressed prior to the 1st reading before the City Council. The applicant has addressed the majority of those issues. A few remaining items need to be addressed prior to 2nd reading and approval of a Development Agreement. Those items include: 1. Updated title information shall be provided. 2. Building material information shall be provided for Lakewinds to confirm that the building meets City Code requirements of 75% Class I materials per façade. The plan shall be revised, if necessary, to meet this requirement. 3. The tree replacement requirements for the entire project area is calculated at 492 caliper inches The plan should be revised to include Phase I (Lots 1-3 and Outlot A) and Phase II (Outlot B) tree replacement requirements rather than by lot. This allows for overall calculations that can be attained per phase rather than assigning a tree replacement requirement by lot that may not be able to be met. A tree replacement requirement will be allocated to Outlot B as part of the Development Agreement for this project. This allocation will be provided when Outlot B develops. The landscaping plan shall be revised to reflect this. 4. The Plans must include details and typical sections for all permanent stormwater management BMPs and their appurtenant structures (e.g. inlet or outlet configurations, etc.) to allow staff to confirm consistency with City requirements. The Planning Commission also suggested to the developer some potential plan revisions. The developer has responded by including the following modifications to the plan reflecting Planning Commission comments. These include: • Providing a complete looped sidewalk system; • Redesign of the Bank of America site to separate access point from the ChickFilA drive through exit; • Increase parking setback along common property line with Fountain Place and removal of the access point that conflicted with drive through circulation; • Installation of additional bike racks; • Enhanced landscaping to provide additional screening of the drive through. Attachments 1. Ordinance for PUD District Review with Waivers 2. Resolution for PUD Concept 3. Resolution for Preliminary Plat 4. Staff Report 5. Guiding Map 6. Zoning Map 7. Aerial Map 8. Planning Commission Minutes FLYING CLOUD COMMONS (CASTLE RIDGE RETAIL) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2020-PUD-_-2020 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the designation of the land be amended within the C-COM Zoning District as -2020-PUD-_-2020 (hereinafter "PUD-_-2020”). Section 3. 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 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the C-COM Zoning District as 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 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of _____, 2020 entered into between Oppidan Investment Company, a _________________________, 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 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 18th day of August, 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 Sun Current News on _____, 2020. EXHIBIT A PUD Legal Description Legal Description LEGAL DESCRIPTION FOR OUTLOT B, CASTLE RIDGE 3RD ADDITION Beginning at the most northerly corner of Lot 1, Block 1, FOUNTAIN PLACE; said corner being a corner in the south line of said Outlot B; thence South 48 degrees 28 minutes 47 seconds East, along the northeast line of said Lot 1 on an assumed bearing, a distance of 158.13 feet to the proposed northwesterly right of way line of Flying Cloud Drive (County Road No. 61); thence northeasterly a distance of 340.47 feet along a non-tangential curve concave to the northwest, said curve being said proposed northwesterly right of way line of County Road No. 61, having a radius of 1240.87 feet and a central angle of 15 degrees 43 minutes 15 seconds, the chord of said curve bears North 35 degrees 38 minutes 54 seconds East; thence North 02 degrees 44 minutes 12 seconds East, non-tangent to said curve, a distance of 53.36 feet to the proposed southwesterly right of way line of Prairie Center Drive; thence northwesterly a distance of 56.75 feet along a non-tangential curve concave to the southwest, said curve being the proposed southwesterly right of way line of Prairie Center Drive, having a radius of 166.00 feet and a central angle of 19 degrees 35 minutes 17 seconds, the chord of said curve bears North 45 degrees 15 minutes 43 seconds West; thence North 55 degrees 03 minutes 22 seconds West along said proposed southwesterly right of way line of Prairie Center Drive, tangent to said curve, a distance of 186.85 feet; thence North 47 degrees 49 minutes 22 seconds West, a distance of 95.31 feet along said proposed southwesterly right of way line of Prairie Center Drive to the existing right of way line of said Prairie Center Drive; thence North 55 degrees 03 minutes 22 seconds West along said existing right of way line of Prairie Center Drive, a distance of 65.15 feet; thence northwesterly a distance of 263.54 feet along a tangential curve concave to the northeast, said curve being the said southwesterly right of way line of Prairie Center Drive, having a radius of 1101.71 feet and a central angle of 13 degrees 42 minutes 21 seconds to a proposed angle point in the southwesterly right of way line of Prairie Center Drive; thence South 47 degrees 27 minutes 54 seconds West Along a proposed southwesterly right of way line of Prairie Center Drive, non-tangent to said curve, a distance of 14.08 feet; thence northwesterly a distance of 50.05 feet along a non-tangential curve concave to the northeast, said curve being said proposed southwesterly right of way line of Prairie Center Drive, having a radius of 1115.79 feet and a central angle of 2 degrees 34 minutes 12 seconds, the chord of said curve bears North 40 degrees 04 minutes 48 seconds West; thence South 47 degrees 27 minutes 54 seconds West a distance of 76.19 feet; thence southwesterly and southerly a distance of 236.54 feet along a tangential curve concave to the southeast having a radius of 280.00 feet and a central angle of 48 degrees 24 minutes 10 seconds; thence southerly and southeasterly a distance of 153.78 feet along a compound curve having a radius of 375.00 and a central angle of 23 degrees 29 minutes 45 seconds; thence South 24 degrees 26 minutes 00 seconds East tangent to said curve, a distance of 229.13 feet; thence southerly a distance of 47.79 feet tangent to said curve having a radius of 120.00 and a central angle of 22 degrees 49 minutes 12 seconds; thence South 01 degrees 36 minutes 48 seconds East tangent to said curve, a distance of 12.02 feet to the north line of Outlot C, CASTLE RIDGE 3RD ADDITION; thence North 88 degrees 28 minutes 09 seconds East along the north line of said Outlot C, a distance of 72.27 feet to the northeast corner of said Outlot C; thence South 01 degrees 31 minutes 51 seconds East along the east line of said Outlot C, a distance of 50.00 feet to the southeast corner of said Outlot C; thence North 88 degrees 28 minutes 09 seconds East a distance of 33.52 feet; thence easterly and northeasterly a distance of 148.50 feet along a tangential curve concave to the northwest having a radius of 235.00 feet and a central angle of 36 degrees 12 minutes 25 seconds to the point of beginning. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF FLYING CLOUD COMMONS (CASTLE RIDGE RETAIL) FOR OPPIDAN INVESTMENT COMPANY WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on May 26, 2020, on Flying Cloud Commons (Castle Ridge Retail) by Oppidan Investment Company and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on August 18, 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Flying Cloud Commons (Castle Ridge Retail), being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated July 29, 2020. 3. That the PUD Concept meets the recommendations of the Planning Commission dated May 26, 2020. ADOPTED by the City Council of the City of Eden Prairie this 18 day of August, 2020. _______________________ Ronald A. Case, Mayor ATTEST: ______________________________ Kathleen Porta, City Clerk EXHIBIT A PUD Concept Legal Description: LEGAL DESCRIPTION FOR OUTLOT B, CASTLE RIDGE 3RD ADDITION Beginning at the most northerly corner of Lot 1, Block 1, FOUNTAIN PLACE; said corner being a corner in the south line of said Outlot B; thence South 48 degrees 28 minutes 47 seconds East, along the northeast line of said Lot 1 on an assumed bearing, a distance of 158.13 feet to the proposed northwesterly right of way line of Flying Cloud Drive (County Road No. 61); thence northeasterly a distance of 340.47 feet along a non-tangential curve concave to the northwest, said curve being said proposed northwesterly right of way line of County Road No. 61, having a radius of 1240.87 feet and a central angle of 15 degrees 43 minutes 15 seconds, the chord of said curve bears North 35 degrees 38 minutes 54 seconds East; thence North 02 degrees 44 minutes 12 seconds East, non-tangent to said curve, a distance of 53.36 feet to the proposed southwesterly right of way line of Prairie Center Drive; thence northwesterly a distance of 56.75 feet along a non-tangential curve concave to the southwest, said curve being the proposed southwesterly right of way line of Prairie Center Drive, having a radius of 166.00 feet and a central angle of 19 degrees 35 minutes 17 seconds, the chord of said curve bears North 45 degrees 15 minutes 43 seconds West; thence North 55 degrees 03 minutes 22 seconds West along said proposed southwesterly right of way line of Prairie Center Drive, tangent to said curve, a distance of 186.85 feet; thence North 47 degrees 49 minutes 22 seconds West, a distance of 95.31 feet along said proposed southwesterly right of way line of Prairie Center Drive to the existing right of way line of said Prairie Center Drive; thence North 55 degrees 03 minutes 22 seconds West along said existing right of way line of Prairie Center Drive, a distance of 65.15 feet; thence northwesterly a distance of 263.54 feet along a tangential curve concave to the northeast, said curve being the said southwesterly right of way line of Prairie Center Drive, having a radius of 1101.71 feet and a central angle of 13 degrees 42 minutes 21 seconds to a proposed angle point in the southwesterly right of way line of Prairie Center Drive; thence South 47 degrees 27 minutes 54 seconds West Along a proposed southwesterly right of way line of Prairie Center Drive, non-tangent to said curve, a distance of 14.08 feet; thence northwesterly a distance of 50.05 feet along a non-tangential curve concave to the northeast, said curve being said proposed southwesterly right of way line of Prairie Center Drive, having a radius of 1115.79 feet and a central angle of 2 degrees 34 minutes 12 seconds, the chord of said curve bears North 40 degrees 04 minutes 48 seconds West; thence South 47 degrees 27 minutes 54 seconds West a distance of 76.19 feet; thence southwesterly and southerly a distance of 236.54 feet along a tangential curve concave to the southeast having a radius of 280.00 feet and a central angle of 48 degrees 24 minutes 10 seconds; thence southerly and southeasterly a distance of 153.78 feet along a compound curve having a radius of 375.00 and a central angle of 23 degrees 29 minutes 45 seconds; thence South 24 degrees 26 minutes 00 seconds East tangent to said curve, a distance of 229.13 feet; thence southerly a distance of 47.79 feet tangent to said curve having a radius of 120.00 and a central angle of 22 degrees 49 minutes 12 seconds; thence South 01 degrees 36 minutes 48 seconds East tangent to said curve, a distance of 12.02 feet to the north line of Outlot C, CASTLE RIDGE 3RD ADDITION; thence North 88 degrees 28 minutes 09 seconds East along the north line of said Outlot C, a distance of 72.27 feet to the northeast corner of said Outlot C; thence South 01 degrees 31 minutes 51 seconds East along the east line of said Outlot C, a distance of 50.00 feet to the southeast corner of said Outlot C; thence North 88 degrees 28 minutes 09 seconds East a distance of 33.52 feet; thence easterly and northeasterly a distance of 148.50 feet along a tangential curve concave to the northwest having a radius of 235.00 feet and a central angle of 36 degrees 12 minutes 25 seconds to the point of beginning. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF FLYING CLOUD COMMONS (CASTLE RIDGE RETAIL) FOR OPPIDAN INVESTMENT COMPNAY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Flying Cloud Commons (Castle Ridge Retail) for Oppidan Investment Company stamp dated July 29, 2020, and consisting of 7.27 acres into 3 lots and 2 outlots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 18 day of August, 2020. _______________________________ Ronald A. Case, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: May 22, 2020 SUBJECT: Flying Cloud Commons LOCATION: 635 Prairie Center Drive APPLICANT: Oppidan Investment Company OWNERS: Presbyterian Homes 120 DAY REVIEW: August 17, 2020 REQUEST: 1. Planned Unit Development Concept Review on 7.27 acres 2. Planned Unit Development District Review with waivers on 7.27 acres 3. Site Plan Review on 5.48 acres 4. Preliminary Plat of an outlot into 3 lots and 2 outlots on 7.27 acres BACKGROUND & OVERALL PROJECT AREA The applicant is proposing to redevelop the care center property and the vacant property at 635 Prairie Center Drive. This is the third phase of the Castle Ridge Redevelopment project. The first two phases included the Castle Ridge Senior Housing project and the Paravel multi-family housing development. The master developer, Presbyterian Homes, is coordinating with Timberland for the Paravel project and with Oppidan for the commercial component. Similar to the Paravel project, the commercial development is being submitted and reviewed through a separate process since the Castle Ridge Redevelopment master project area consists of 3 phases. Although the project includes three developers and three different product types, the developers are partnering to design individual project areas that contain cohesive development components consistent with the master plan. The property was subject to a concept review as part of the overall Castle Ridge Redevelopment project. The plans submitted as part of this application have been revised to address comments provided through that concept review, which included reviews by City staff, the Planning Commission and the City Council. The existing use of the property is the Castle Ridge Care Center and vacant property. The property is very near to commercial uses and park and open space. CURRENT PROPOSAL Oppidan is proposing approximately 33,500 square feet of commercial development with this first phase of the commercial component. Specifically, the proposal includes a 25,000 square foot grocery store, 5,000 square foot fast food restaurant with drive through, and a 3,500 square foot bank Staff Report – Flying Cloud Commons May 22, 2020 Page 2 2 with drive through. The proposed plans also include a 1.8 acre outlot to be developed at a future date and illustrates a potential development of approximately 7,400 square feet of additional retail/restaurant space. Any building plans shown on Outlot B are illustrative only with no formal review or approval at this time. Once specific plans have been developed for Outlot B, a new application and review process will be submitted to the City. Staff Report – Flying Cloud Commons May 22, 2020 Page 3 3 In addition to the commercial development proposed, the site includes surface parking to support the uses, landscaping, and gathering areas. One gathering area is located at the corner of Prairie Center Drive and Flying Cloud Drive. The other gathering area is located to the north of the grocery store lot and is generally located in the center of the 3 phases of the Castle Ridge master plan. Both gathering areas are proposed to be landscaped with trees, shrubs, and perennials. They will also include site amenities such as bike racks, seating areas including benches, public art, and lighted bollards. COMPREHENSIVE PLAN & ZONING The site is currently guided Mixed Use and is zoned Community Commercial. The zoning was established as part of the 2008 approval for the previous Castle Ridge project that was not constructed. No zoning change is proposed at this time. The zoning boundary was modified slightly through review of the current Castle Ridge Redevelopment project to reflect the updated overall development plan for the area. The property is bordered by multi-family development to the north and west; Flying Cloud Drive to the south and Prairie Center Drive to the east. Properties beyond Flying Cloud Drive and Prairie Center Drive are commercial uses. SITE PLAN AND PRELIMINARY PLAT The preliminary plat proposes to replat the property from an outlot to 3 lots and 2 outlots. Outlot B is reserved for future development and Outlot A is one of the gathering areas that is centrally located in the master project area between Castle Ridge Redevelopment, Paravel, and the proposed commercial component. Outlot A will remain in the ownership of the developer. The three lots will each be developed with commercial uses. Overall Site Design The site layout provides access to the parcels through private drives that serve the master project area. No direct access to these three commercial sites is provided via Prairie Center Drive or Flying Cloud Drive. Pedestrian corridors provide continuous pathways within the commercial area connecting the proposed buildings and outlot gathering areas. Pedestrian connections area also made to the Castle Ridge and Paravel developments. This allows for connections to existing trails on Prairie Center Drive and Flying Cloud Drive. The pedestrian connections linking the commercial portion of the master project area to the Castle Ridge and Paravel developments promote and invite walkability and access within the master project area and with pedestrian corridors and amenities outside of the master project area, such as providing access to Purgatory Creek Park. Proposed site amenities include enhanced and coordinated materials for pedestrian connections throughout all phases of the master project area. These master project area pedestrian connections Staff Report – Flying Cloud Commons May 22, 2020 Page 4 4 shall provide an alternative material, color and pattern from other paved areas in order to differentiate them as pedestrian connections and create an inviting environment promoting pedestrian circulation. The development will also provide coordinated site amenities such as street lighting fixtures, bollard lighting at the pedestrian level and street furniture including but not limited to, benches, bike racks, and trash receptacles. The Development Agreement will include language requiring consistency in such site amenities be provided in all phases of the project. The Development Agreements for Castle Ridge and Paravel also included language requiring amenity consistency between all development partners and phases. The developer has submitted truck turning movement analysis for the site. The information provided is acceptable with one exception. The WB62 movement from Commonwealth Drive onto Prairie Center Drive is problematic. Staff recommends that this movement with this truck size be prohibited and that Columbine Road be utilized. The Development Agreement will include language to address this issue. Chick Fil A site Lot 2 proposes the construction of a 5,000 square foot Chick Fil A fast food restaurant. The proposed structure meets and exceeds City Code requirements for building materials and architectural standards. The building is primarily brick with metal accents. The site includes a 2 lane drive through along the Flying Cloud Drive frontage of the site. The trash enclosure is incorporated into the building. The parking provided on the site exceeds City Code requirements. The current proposal includes a stand-alone canopy structure over a portion of the drive through. This canopy structure is approximately 1,000 square feet in size and is approximately 11 feet tall. The structure, as proposed, extends into the front yard setback for Flying Cloud Drive. Chick Fil A has commented that this is a new addition to their business prototype and is intended to provide a place of refuge from the elements (wind, rain, sun) for their employees that are taking face-to-face orders from customers using iPads. The site also includes traditional ordering stations in the drive through. The face-to-face ordering is intended to supplement typical ordering procedures. The stand-alone canopy structure is not shown in the renderings of the Chick Fil A store. Staff has communicated to the applicant that the structure is not consistent with the performance standards and Design Guidelines of the City. The structure is proposed to provide a 20 foot front yard setback, which is not consistent with the required 35 foot front yard setback. Staff is recommending that the plans be revised to remove the stand alone canopy structure prior to review by the City Council. The initial plan submitted by the applicant included a connection between the drive through lane and the adjacent Fountain Place property. The developer communicated that this connection was shown due to an existing private easement agreement between the property owners. Staff suggested that the location of the connection be adjusted to increase functionality. The plans submitted for review by the Planning Commission have been revised to remove the connection. Staff Report – Flying Cloud Commons May 22, 2020 Page 5 5 ChickFilA Front Entry – West Elevation (facing Lakewinds Parking Area) East Elevation (Facing Flying Cloud Drive) Staff Report – Flying Cloud Commons May 22, 2020 Page 6 6 Stand-alone Canopy Renderings Bank of America Lot 3 proposes the construction of a 3,500 square foot Bank of America. The structure includes a drive through facility. The site meets the parking requirements and exceeds the building and architectural standards of the City Code. East Elevation – Facing Flying Cloud Drive Staff Report – Flying Cloud Commons May 22, 2020 Page 7 7 North Elevation – Facing Prairie Center Drive Lakewinds Grocery A Lakewinds grocery store is proposed to be constructed on Lot 1. The store is proposed to be a 250,000 square foot building. The building includes delivery areas in the rear of the building. There are distinct areas for box trucks and larger delivery trucks. To confirm compliance with City Code, prior to City Council review of the application, the building material calculations shall be provided for this structure and revised, if needed, to comply with the 75% Class I materials per façade. The site includes 127 parking stalls which exceeds the requirement of 125 stalls required by City Code. Lakewinds - East Elevation Lakewinds – West Elevation Outlot B Outlot B depicts the potential future development of restaurant and/or retail uses on site. These development scenarios are conceptual only at this time and will require further review once development plans are finalized. Providing potential development building and parking locations are appropriate at this time to demonstrate the future development potential of the parcel. Details Staff Report – Flying Cloud Commons May 22, 2020 Page 8 8 such as landscaping calculations, parking island dimensions, etc. are premature at this point. Those details will be determined based on the development that ultimately is proposed for Outlot B and will be reviewed for compliance with City Code at a future date. Including those types of detailed information at this point may confuse or skew overall site calculations. To eliminate that potential, staff recommends that prior to City Council review of this application, the plans should be revised to remove specific details on landscaping, parking island information, and other site specific calculations and references for Outlot B. DEMOLITION AND CONSTRUCTION PHASING The construction of the commercial portion of the master project area will not begin until the Castle Ridge Senior development is completed. This will allow the current residents of the existing Castle Ridge Care Center to be relocated into the new care facility. Once all residents have moved into the new facility, demolition of the existing care center can begin and other site prep work would commence prior to site construction. The Castle Ridge Senior development is projected to be completed in late 2021 and Oppidan would take title to the site and begin construction in early 2022. The commercial development proposed with this application is expected to have a 6-12 month construction timeline. TREE REPLACEMENT & LANDSCAPING PLAN Tree replacement is being calculated individually for each of the project phases at the time of site plan review. Flying Cloud Commons provides for 100% tree removal of the existing trees on the site. The required tree replacement is 492 caliper inches based on the size and number of trees removed from the site. Landscaping requirements are a distinct requirement from tree replacement. While tree replacement addresses the amount of trees required to be replaced due to removal of existing trees, the landscaping requirements require plantings based on the size, scale, and massing of proposed buildings to ensure the site is balanced between structures and landscaping. Based on the total floor area proposed for the commercial uses, landscaping requirements for each lot are as follows: Lot 1: 78.1 caliper inches; Lot 2: 15.6 caliper inches; and Lot 3: 10.9 caliper inches. The proposed landscaping plan provides for approximately 570 caliper inches of landscaping material. This amount of landscaping comes close to matching the overall caliper inches required for the site. Additional review is necessary to determine compliance with specific Code requirements and revisions to the plan may be necessary. Based on the plans submitted, staff has the following comments on the landscaping and tree replacement plan. • The tree replacement requirements for the entire project area is calculated at 492 caliper inches. The plan should be revised to include Phase I (Lots 1-3 and Outlot A) and Phase II (Outlot B) tree replacement requirements rather than detailing replacement by lot. Staff Report – Flying Cloud Commons May 22, 2020 Page 9 9 This allows for overall calculations that can be attained per phase rather than assigning tree replacement requirement by lot may not be able to be met. • Landscaping and tree replacement requirement calculations based on the landscaping plan are currently under review and revision. While the overall landscaping plan is robust and appears to generally be appropriate for the site, additional review and revisions to the plan are necessary to verify compliance with Code specific criteria. Because the plan appears to provide landscaping and tree replacement that generally aligns with City expectations, staff is comfortable that the landscape and tree replacement specifics can be revised as needed prior to City Council review. Staff is recommending that these plans be revised prior to City Council review at 1st reading. Once these revisions are made, it may impact the final tree replacement and/or landscaping calculations for the site. City Code allows for tree replacement requirements to be met either through the replacement of trees on site or by a payment in-lieu option. If, based on the revisions, there is a need for a waiver request, staff recommends that the tree replacement requirement be met through the payment in-lieu option. The Development Agreement would address the payment in-lieu provisions. • Landscaping along Prairie Center Drive should provide a consistent streetscape as is provided on the Paravel site. LIGHTING The proposed site lighting plan complies with City requirements of 0.5 footcandle at the perimeter of the project area. All pole lighting shall not exceed 25 feet in height and shall be down cast, cut off style. SIGNS All signs will require review and approval through a separate sign permit process. All signs shall comply with City Code requirements. No waivers to sign requirements are proposed. The Development Agreement will include standard language that all signs shall comply with City Code requirements and will be reviewed through the sign permit process. PUBLIC ART The project proposes the inclusion of a public art pieces to be installed in the gathering areas located in Outlot A and on Lot 3. The Development Agreement will include language to address the timing of the installation of the art piece, value, and process for selection. SUSTAINABLE FEATURES The applicant has provided a list of sustainability features that will be included within the development. The sustainable elements proposed include: 1. Three (3) electric vehicle charging stations on Lot 1; Lots 2 and 3 will be monitored by the owners for EV charging stall needs; 2. Native planting species; Staff Report – Flying Cloud Commons May 22, 2020 Page 10 10 3. Pollinator friendly landscaping species; 4. LED lighting; 5. Community Supported Agriculture (CSA) deliveries to the grocery store. 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 for the proposed project as outlined below. 1. Public Street Frontage for Lot 1. City Code requires that all lots have frontage on a public street. Lot 1 is proposed without public street frontage. This lot is served by the private drives that provide access through the master project area. 2. Minimum lot size. The minimum lot size required in the Community Commercial zoning district is 5 acres. The zoning for this property was established with the 2008 Castle Ridge project. The parcels as proposed do not meet the 5 acre size requirement. The overall commercial site is approximately 7.3 acres in size. The smaller parcel sizes (ranging from 0.7 to 2.76 acres) allow for flexibility within the PUD to maximize a mix of uses to serve the nearby and adjacent residents. 3. Minimum lot depth and lot width. City Code requires a minimum lot width and lot depth of 300 feet in the Community Commercial zoning district. The overall commercial area of this master project area exceeds these dimensions. However, the individual parcels do not meet these requirements. The smaller parcel dimensions allow for flexibility within the PUD to maximize a mix of uses to serve the nearby and adjacent residents. 4. Front yard setback along Flying Cloud Drive from 35 feet to 20 feet. City Code requires a 35 front yard setback along public streets. The standalone canopy is proposed to be setback 20 feet. The canopy is not consistent with City Code performance standards and Design Guidelines. Staff recommends that the plans be revised to remove the canopy structure prior to City Council review. Staff recommends denial of this PUD waiver request. Staff Report – Flying Cloud Commons May 22, 2020 Page 11 11 5. Landscaping and Tree Replacement Requirements. City Code requires 492 caliper inches of tree replacement and 104.6 caliper inches of landscaping. While the overall landscaping plan is robust and appears to generally be appropriate for the site, additional review and revisions to the plan are necessary to verify compliance with Code specific criteria. Because the plan appears to provide landscaping and tree replacement that generally aligns with City expectations, staff is comfortable that the landscape and tree replacement specifics can be revised prior to City Council review. Staff is recommending that these plans be revised prior to City Council review at 1st reading. Once these revisions are made, it may impact the final tree replacement and/or landscaping calculations for the site. City Code allows for tree replacement requirements to be met either through the replacement of trees on site or by a payment in-lieu option. If, based on the revisions, there is a need for a waiver request, staff recommends that the tree replacement requirement be met through the payment in-lieu option. The Development Agreement would address the payment in-lieu provisions. 6. Parking Setback on Lot 2. City Code requires a 10 foot setback from side and rear property lines for parking. Lot 2 proposes a 0 foot setback along the side property line shared with Fountain Place. The additional area allows for the construction of parking stalls to serve Lot 2. The developer will need authorization from Fountain Place to construct these parking stalls. If authorization is not granted, the site plan will need to be revised to comply with City Code requirements. 7. Parking Lot Island Width and Size. City Code requires that parking lot islands have a minimum width of 5 feet and be 160 square feet in size. The parking islands are required to occupy 5% of the parking lot area. In this case, the area dedicated to parking lot islands exceed the 5% requirement at 12.8%. However, 5 of the 23 parking lot islands do not maintain a 5 foot width for their entire perimeter and 5 of the islands do not meet the 160 square foot size requirement. The overall parking areas provide more than double the required island areas. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 7.27 acres • Planned Unit Development District Review with waivers on 7.27 acres • Site Plan Review on 5.48 acres • Preliminary Plat of an outlot into 3 lots and 2 outlots on. 7.47 acres This is based on plans stamp dated May 14, 2020, staff report dated May 22, 2020 and the following conditions: Staff Report – Flying Cloud Commons May 22, 2020 Page 12 12 Prior to review by the City Council, the following items shall be addressed: 1. Updated title information shall be provided. 2. Building material information shall be provided for Lakewinds to confirm that the building meets City Code requirements of 75% Class I materials per façade. The plan shall be revised, if necessary, to meet this requirement. 3. The plans shall be revised to rename the “island green space calculations” on the landscaping plan to “parking lot island calculations”. 4. The plans shall be revised to remove specific details on landscaping, parking island information, and other site specific calculations and references for Outlot B. 5. Lighting fixtures proposed in the parking lots, on buildings, along sidewalks, and elsewhere throughout the project area shall be consistent with the fixtures installed in the previous phases of Castle Ridge Redevelopment. Lighting shall be cut-off, downcast design. 6. The plans should be revised to identify all pedestrian connections/crosswalks to be constructed of materials as installed at the intersection of Commonwealth Drive and the private street located between Paravel and the Castle Ridge Senior facility. 7. The caliper inch conversion of 4.16 caliper inches for the coniferous trees is incorrectly calculated. Coniferous trees sized at 8 feet should be divided by 2.4 to calculate caliper inches. 8. The “Proposed Caliper Inch Calculations” table indicates 27 coniferous trees are provided in the plans. When adding up the coniferous trees listed in the individual tree schedules for each lot, only 23 coniferous trees are listed. The plan should be revised to reflect correct calculations. 9. Tree replacement shall be recalculated based on City Code requirements. Understory trees are not to be included in tree replacement requirements. 10. The tree replacement requirements for the entire project area is calculated at 492 caliper inches The plan should be revised to include Phase I (Lots 1-3 and Outlot A) and Phase II (Outlot B) tree replacement requirements rather than by lot. This allows for overall calculations that can be attained per phase rather than assigning a tree replacement requirement by lot that may not be able to be met. A tree replacement requirement can be allocated to Outlot B to be provided when that portion of the property develops. 11. The Landscape Plan should be revised to ensure that trees planted as part of the project do not cause future conflicts with parking lot and street lighting. 12. The plans shall be revised to move the Crimson Spire Oaks away from sidewalks and parking areas and replace with a species more salt tolerant and that will not cause issues with debris on sidewalks. 13. The plans should include necessary infrastructure to provide options for lighting of trees or up lighting of trees in the gathering areas. Staff Report – Flying Cloud Commons May 22, 2020 Page 13 13 14. The private drives shall not be assigned street names. The private streets to be named include Commonwealth Drive (extended to be constructed with the Castle Ridge project) and Castlemoor Drive (existing). 15. The Plans must include details and typical sections for all permanent stormwater management BMPs and their appurtenant structures (e.g. inlet or outlet configurations, etc.) 16. The preliminary plat indicates drainage and utility easements along the south property line; however the line work is missing. The plat must be revised to show this easement as well as including a standard perimeter easement along the west property line of Lot 2. 17. The southerly portion of private sanitary sewer main in Commonwealth Drive that is to be constructed with Phase 1 is not shown on the plan – this must be shown on the plan sheet. The sanitary sewer service for the grocery store comes from this section of the main. Clarify if the service is to be constructed with Phase I. 18. Post Indicator Valves are not to be utilized. Note 16, Sheet C500 should be eliminated. Prior to issuance of a land alteration permit, the following items will need to be addressed: 1. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer. 2. Obtain and provide documentation of Watershed District approval. 3. Notify the City and Watershed District 48 hours in advance of grading. 4. Install erosion control at the grading limits of the property for review and approval by the City. 5. Provide documentation authorizing the Developer to access the adjacent property owned by Fountain Place for the construction of parking along the common property line. 6. Soil borings at the proposed infiltration system and Underground System 1 must be conducted and results provided to the Engineering Division. If the results of the testing indicate the soils are less conducive to infiltration than assumed in the Stormwater Management Report, the Developer must amend the design to accommodate the lesser infiltration rates. 7. Submit a land alteration letter of credit, or escrow surety equivalent to 125% of the cost the Land Alteration Activities. Prior to issuance of a building permit the following items will need to be addressed: 1. Pay the appropriate cash park fees. 2. Submit a landscaping letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. 3. Design and sizing calculations for all sanitary sewer and watermain must be provided to the Building & Inspections Division. Prior to release of the final plat, the applicant shall: 1. Pay the appropriate tree replacement fees, if applicable. Staff Report – Flying Cloud Commons May 22, 2020 Page 14 14 The following waivers are granted through the PUD for the project as indicated in the plans stamp dated May 14, 2020. 1. Public Street Frontage on Lot 1. This lot is permitted to not have frontage on a public street. 2. Minimum Lot Size from 5 acres to 0.7 to 2.76 acres as shown on Preliminary Plat. 3. Minimum Lot Depth and Width from 300 feet to the dimensions shown on Preliminary Plat. 4. Landscaping and Tree Replacement Requirements (if applicable and revised prior to City Council review). 5. Parking Setback on Lot 2 from 10 feet to 0 feet. 6. Parking Lot Island Width and Size Requirements as depicted on Landscaping Plan. The plans shall be revised to address all items identified in the Engineering Memo dated April 30, 2020 at the appropriate times through the review and construction process. City 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: Flying Cloud CommonsAddress: 610- 635 Prairie Center DriveEden Prairie, Minnesota 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 Wetlands 390 0 390195 FeetCOLUMBINEDRIVECASTLEMOOR D RIVE FLYINGCLOUDDRIVEPRAIRIE C ENTERDRIVE C O M M ON W EA LTHDRIVEREGIONAL CENTER DRIVE CRYSTALVIEWROADProject Site Date Approved: 10-01-2019 City 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. ¯ Ordinance #19-2018 and 20-2018 approved, but not shownon this map edition Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2020 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: Flying Cloud CommonsAddress: 610-635 Prairie Center Drive Eden 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. Airport Office Office Neighborhood Commercial Community Commercial Highway Commercial Airport Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU TOD-E TOD-R Transit Oriented Development - Residential Transit Oriented Development - Residential TOD-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Parks and Open Space Golf Course Water Right of Way Project Site FLYINGCLOUDDRIVEPRAIRIE C ENTERDRIVECRYSTALVIEWROADCOMMONWEALTHDRIVEREGIONALCENTERDRIVECOLUMBINEDRIVECASTLEMOORDRIVE COLUMBINEJOINERCASTLEMOOR ME D C O M CARDIFFMIDDLES E TCOMMONWEALTH FO U N T A I N CRYSTAL VIEWCASTLEMOOR¯ Aerial Map: Flying Cloud CommonsAddress: 615-635 Prairie Center DriveEden Prairie, MN 55344 0 310 620155 Feet Project Site FlyingCloudPrairieCenter APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION TUESDAY, MAY 26, 2020 7:00 PM—CITY CENTER Online Meeting COMMISSION MEMBERS: John Kirk, Rachel Markos, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Lisa Toomey, Carole Mette, Bill Gooding 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. SWEARING IN OF NEW COMMISSION MEMBERS A. Rachel Markos was sworn in by staff. B. Lisa Toomey was sworn in by staff. C. William Gooding was sworn in by staff. III. PLEDGE OF ALLEGIANCE – ROLL CALL IV. APPROVAL OF AGENDA V. MINUTES MOTION: Mette moved, seconded by Kirk to approve the minutes of March 9, 2020. MOTION CARRIED 9-0. VI. PUBLIC HEARINGS FLYING CLOUD COMMONS (CASTLE RIDGE RETAIL) (2019-21) Request for: • Planned Unit Development Concept Review on 7.27 acres • Planned Unit Development District Review with waivers on 7.27 acres • Site Plan Review on 5.479 acres • Preliminary Plat of 1 outlot into 3 lots and 2 outlots on 7.27 acres PLANNING COMMISSION MINUTES May 26, 2020 Page 2 Ian Halker presented a PowerPoint and explained the application and how the master plan fit in with this development. Halker gave an overview of the history of the Castle Ridge Redevelopment project. Presbyterian Homes owned the land for the master project of the Castle Ridge redevelopment. Ground was broken on the senior living facility in November, 2019. The proposed commercial development would integrate safe pedestrian walkways throughout and incorporate landscaping and sidewalk lighting, and utilize Class I materials in a cohesive design. Halker displayed an overview of the trade area and explained the context for this development. He displayed major arterials, the Purgatory Creek Trail connection and the planned pathways for cars and people. The pedestrian traffic flow showed the heaviest traffic into the site (from the west), as well as the medium and lightest traffic flow. Halker displayed the site plan which included looping paths, plaza spaces, and retail edges along with the connections between these sites. He explained the features of the central plaza, which would serve as a social hub and a focal point supporting the surrounding commercial retail areas, the senior housing, and pedestrian spaces. He explained the dimensions of the retail areas compared to the housing and pedestrian areas and emphasized Oppidan’s balanced approach instead of a “sea of parking.” He added he looked forward to working with Lakewinds on this development which would be an amenity for the immediate area and have a greater impact on Eden Prairie. Mette asked if all parcels were all being constructed at the same time in a coordinated effort. Halker replied all current residents of Presbyterian Homes at the Castle Ridge facility on this parcel would be relocated, and once their building was finished, would move in in 2021. Oppidan was handling the site work for each client, but tenants were on their own schedule with different contractors. It was likely retail will build around the same time. The Lakewinds project would probably go first. Kirk asked if Halker anticipated Outlot B being built at the same time and if contractors would be lined up and ready. Halker replied that was the hope; with current events the timing had become complicated. In theory all would break ground and build simultaneously. DeSanctis asked if the street west of the Lakewinds development was public or private, and if private whose responsibility it was to maintain it. Halker replied it would be a private road maintained by Presbyterian Homes. Farr asked for an update or review of the traffic report from a year ago. Halker replied an update was done and there were some items followed up on. A shared accessway between Chick-Fil-A and Fountain Place was removed as recommended. Jeff Westendorf replied all comments regarding truck movements and turning were addressed. Farr asked for comments on the density created by the drive-through lanes. Halker replied the traffic plan remained constant and there was no change in traffic volume, to his surprise. Some retail along Outlot B was reduced, which PLANNING COMMISSION MINUTES May 26, 2020 Page 3 could be an explanation, as well as more travel through the site. Also, Chick-Fil-A closed on Sundays, whereas other retail remained open. Farr noted there was one active lane on the Bank of America side and then a bypass lane, creating another aisle before the parking stalls. He asked for the reason for so much asphalt between this bypass lane and the parking aisle. David Bay with Westwood PS replied this extra area was created for safety. DeSanctis asked if a market analysis had been done for another grocery store, as Aldi’s and Target were within a quarter mile. He asked if there were different demographics attracted to these sites and was concerned about grocery density. Dale Woodbeck for Lakewinds Grocery replied a study had been conducted via a third party who did not reveal its method. This was indeed demographic- and Census-driven. Woodbeck stated he had high confidence in this company. His company had a three years’ sale projection starting from opening day and this was likely to be a very successful site. Klima presented the staff report. This was the third phase of the Castle Ridge project, done in two phases: two outlots, and three commercial lots. Chick Fil A and Bank of America would have drive-through facilities. The first two phases included the Castle Ridge Senior Housing project and the Paravel multi-family housing development. The master developer, Presbyterian Homes, was coordinating with Timberland for the Paravel project and with Oppidan for the commercial component. This commercial development was submitted and being reviewed through a separate process since the three phases of the master plan were not on the same timeline. Although the project included three developers and three different product types, the developers were partnering to design individual project areas containing cohesive development components. The property was subject to a concept review as part of the overall Castle Ridge Redevelopment project. The plans submitted were revised to address comments provided through that process which included reviews by City staff, the Planning Commission and the City Council. The existing use of the property was the Castle Ridge Care Center and vacant property. Oppidan proposed approximately 33,500 square feet of commercial development with this first phase. Specifically, the proposal includes a 25,000 square foot grocery store, 5,000 square foot fast food restaurant with drive through, and a 3,500 square foot bank with drive through. The proposed plans also included a 1.8 acre outlot to be developed at a future date and illustrates a potential development of approximately 7,400 square feet of additional retail/restaurant space. Any building plans shown on Outlot B were illustrative only with no formal approval. As a part of the PUD process, the applicant was seeking waivers to City Code requirements for the proposed project: Public Street Frontage for Lot One, PLANNING COMMISSION MINUTES May 26, 2020 Page 4 minimum lot size, minimum lot depth and lot width, front yard setback along Flying Cloud Drive from 35 feet to 20 feet, landscaping and tree replacement requirements, parking setback on Lot Two, and parking lot island width and size. This development was part of a Master Plan, so there would be coordination between the commercial sites and Presbyterian Homes for a cohesive look. There would be pedestrian connections connecting all three phases of the master project area. — Staff recommended the Chick-Fil-A canopy be removed and that the setback waiver for the canopy be denied. The Chick-Fil-A building materials proposed exceeded requirements. The site also exceeded parking requirements. The Lakewinds architecture exceeded the requirements from the City Code and the building material requirements would be confirmed prior to review by the City Council. The Bank of America site exceeded all City Code requirements. Construction would begin in early 2022. Staff recommended approval with the waivers except for the two changes previously stated above. Farr asked if on the original master plan Commonwealth Drive had angled parking on both sides, and if so had that was removed. Klima replied that part of Commonwealth Drive did not have angled parking to her recollection. Kirk stated in his experience Chick-Fil-A had a canopy for ordering in other Midwestern states. The canopy was more applicable to more moderate weather than in Minnesota. Jennifer Santelli of Chick-fil-a replied she was originally from Duluth, Minnesota and this company had a lot of experience with using the canopy in northern climes, such as Illinois, Wisconsin, and upper state New York. It was meant as a refuge for outdoor employees and worked well. It would be utilized mostly on Saturday afternoons, not all the time, and allowed hospitality in terms of real people instead of an intercom. DeSanctis stated he did not see bicycle racks under the list of sustainable features and asked if this was due to a concern with mixing cyclists with traffic. Klima replied there were bike lots proposed on the Lakewinds property and at Flying Cloud Drive and Prairie Center Drive. DeSanctis asked if there was a provision for solar lighting, either ground-based or supplemental for the LED system. Halker replied different components were looked at. Jeff Westendorf of Westwood replied he did not believe any solar lighting was included. Halker offered to look into this. MOTION: Kirk moved, seconded by Farr to close the public hearing. MOTION CARRIED 9-0. PLANNING COMMISSION MINUTES May 26, 2020 Page 5 Mette stated she was glad to see a grocery store on this site. She also supported denial of the canopy and its setback waiver. She wanted to see a more cohesive architectural element throughout, for she anticipated it resembling three separate developments. For example, a certain brick could set the tone. She also urged for some uniqueness in the buildings to break up the monotone look for the Bank of America site. She commended the design of the two park spaces and the connections. She agreed with the staff report of the Chick-Fil-A parking but wanted to see it set back from the property line and ideally, angled parking. Halker replied there would be cohesiveness among the developments, as required by the City Code and the high finish standard. He offered to look again at the angled parking concept, but this was an “odd-shaped” site. Westendorf also offered to look at angled parking, though he had concerns about that with this site. Mette thanked them. Kirk noted the ongoing issue of a business’s branding versus the Eden Prairie style and ordinances, and how to balance that. He understood both outlooks. He agreed to a point with Mette, but also agreed the canopy was not appropriate for Eden Prairie as stated by staff. Farr commended the Lakewinds design, but the continuity of the design fell apart and did not extend to all four sides. He found it an unfriendly design for pedestrians along the streetscape. The style of the pylon sign seemed inconsistent with the design. He hoped to see a commonality of bases for the signs throughout the three developments. He used a Cub Foods in St. Louis Park as an example of good design for a grocery store with adjacency to a residential area. Regarding the Chick-Fil-A site, he commended the architecture and the contemporary design, and how the trash area was integrated. He disagreed with the variance for extra parking along Fountain Place. He agreed with Mette and Kirk, as well as with staff, on the canopy, and suggested using a digital screen intercom instead of having employees standing outside. He was disappointed the landscape plan did not screen from drive-through headlights, especially in winter when it was dark earlier. He suggested having bike parking closer to the door of Chick-Fil-A. He also did not like the discontinuation of the sidewalk there. Farr noted that a looping sidewalk was especially important for senior citizens. Farr added he had hoped to square off the Bank of America site instead of having it rectangular. There were no pedestrian elements on this façade and squeezing a pedestrian sidewalk there did not work for him. He also noted the lack of green screening on this site, too. In general, he found the site plan monotonous as Mette had expressed, and urged more uniqueness and common themes throughout. For him the pedestrian circulation design failed: the discontinuous sidewalk at Chick-Fil-A mentioned earlier, and the location of the loop sidewalk system, up against the curb with 14 curb cuts. He suggested this looping sidewalk be separated with PLANNING COMMISSION MINUTES May 26, 2020 Page 6 a safety boulevard. He agreed with previous commissioners and with staff on the Chick-Fil-A variances. Halker replied the fronts of the buildings were thought to be the focus of pedestrians, and so the loop system followed this. The focus was on getting the pedestrian to the front of the store. Jeff Westendorf of Westwood offered to look at the landscaping and screening of the drive-through, relocating the bike racks and backing up the Bank building to create a less rectangular area. Farr added there was one particular curb cut between Bank of America and Chick-Fil-A that was shared, and there was no stacking distance for vehicles to stack or queue correctly, and this would cause congestion on that loop road. He urged a further study of this. Rue replied his office had similar concerns, and the solution found was just adding a stop sign. While it was a concern, this was a concern between those two property owners. Mette agreed with Farr’s comments, and added the loop road was an interior drive within the site. She agreed this was a concern between the property owners. It was not really a road, but a route around the parking lot. The main streets and sidewalks were accessible as alternates. She did not envision many residents walking to the Chick-Fil-A or Bank of America, so she saw both sides. Since the staff report recommended denial of the canopy waiver, she did not see any impediment to a “yes” vote. Farr agreed this waiver would not prevent his “yes” vote, but the pedestrian safety issues he raised could prevent him voting for this development. Seniors wished to walk in a circle, and that was not provided in this mixed-use PUD application. Halker displayed the site plan again and explained the balancing act done by the applicant. He thought the looping system was fairly strong and pedestrian connections were consistent with the one at the Byerly’s and Culver’s. Gooding stated he saw while traveling across country most Chick-Fil-As had canopies which helped in inclement weather, and perhaps Eden Prairie should consider the canopy. The design could be altered. He also noted that he was in the process of learning the City’s Design Guidelines. While he shared Farr’s concerns about the interior pedestrian looping, he also noted there was a lot of walking on the trail and a lot of biking in the area. He agreed a private road was a private concern, and agreed with staff’s recommendations. Markos asked if Chick-Fil-A had done or would consider other canopy orientations in order to work with this site. She agreed with commissioners’ concerns about pedestrian routes through the sites and added even nonresidents would wish a more coherent loop. Jennifer Santelli of Chick-fil-a replied the company did consider a number of designs, but were limited as to building orientation and drive-through location. However, the company did have different canopy designs, but this could lead to design creep. The wish was to keep the canopy small-scale. However, the company could look at an enhanced design. She added the site only had 52 parking spaces onsite, not 70. She did not wish to take away 11 spaces as Farr had PLANNING COMMISSION MINUTES May 26, 2020 Page 7 suggested. Klima clarified that the Chick-Fil-A site had 52 parking spaces, and City Code required 38. Gooding stated there were a number a parking places in other sites that would be blocked by drive-throughs, so this was not unusual. Mette suggested the tenants designate those stalls closest to the drive-throughs as employee parking. Pieper noted the similarities to the Byerly’s and the Culver’s. He added the majority of the walking traffic would go onto the other sidewalks and trails, and agreed with the denial of the canopy and front yard setback waiver. Discussion followed on possibly adding an amendment to address the interior pedestrian loop. MOTION: Kirk moved, seconded by Mette to recommend approval for a Planned Unit Development Concept Review on 7.27 acres, Planned Unit Development District Review with waivers on 7.27 acres, a Site Plan Review on 5.479 acres, and a Preliminary Plat of 1 outlot into 3 lots and 2 outlots on 7.27 acres, based on plans stamp dated May 14, 2020 and the staff report dated May 22, 2020 with the statement that the recommendation does not include a waiver for the Chick-Fil-A canopy. MOTION CARRIED 8-1 with Farr voting nay. VII. PLANNERS’ REPORT Klima stated an email would be sent to the commissioners that the next meeting would be held June 22, as the June 8 meeting was canceled. VIII. MEMBERS’ REPORTS IX. ADJOURNMENT MOTION: Farr moved, seconded by DeSanctis to adjourn. MOTION CARRIED 9-0. The meeting was adjourned at 8:47 p.m. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: August 18, 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 275938 – 276576 Wire Transfers 1025698 – 1025921 Wire Transfers 7742 – 7801 Purchasing Card 7778 City of Eden PrairieCouncil Check Summary 8/18/2020 Division Amount Division Amount 000 General 402,186 308 E-911 407 100 City Manager 33,540 309 DWI Forfeiture 62 101 Legislative 10,103 315 Economic Development 962,498 102 Legal Counsel 37,928 445 Cable PEG 10,636 110 City Clerk 1,017 509 CIP Fund -53,468 111 Customer Service 7,220 513 CIP Pavement Management 228,962 112 Human Resources -1,541 522 Improvement Projects 2006 343,645 113 Communications 12,389 526 Transportation Fund 3,811 114 Benefits & Training 4,033 528 Shady Oak Rd-CR 61 North 16,634 130 Assessing 891 532 EP Road Connect Flying Cloud 13,886 131 Finance 695 538 SingleTree Lane South 516 132 Housing and Community Services 32,939 804 100 Year History 124 133 Planning 233 Total Capital Projects 1,527,715 136 Public Safety Communications 20,117 137 Economic Development -485 601 Prairie Village Liquor 231,592 138 Community Development Admin.205 602 Den Road Liquor 398,825 151 Park Maintenance 86,575 603 Prairie View Liquor 235,024 153 Organized Athletics 1,652 605 Den Road Building 6,819 154 Community Center 11,000 701 Water Enterprise Fund 1,155,138 155 Beaches 549 702 Wastewater Enterprise Fund 488,119 156 Youth Programs 3,197 703 Stormwater Enterprise Fund 173,682 157 Special Events 313 Total Enterprise Fund 2,689,198 158 Senior Center 120 159 Recreation Administration 181 802 494 Commuter Services 51,062 162 Arts 999 806 SAC Agency Fund 183,890 163 Outdoor Center 742 807 Benefits Fund 2,007,432 168 Arts Center 753 809 Investment Fund 3,653 180 Police Sworn 27,980 811 Property Insurance 339 184 Fire 54,161 812 Fleet Internal Service 296,567 186 Inspections 7,938 813 IT Internal Service 292,193 200 Engineering 2,035 814 Facilities Capital ISF 2,702 201 Street Maintenance 356,372 815 Facilites Operating ISF 103,004 202 Street Lighting 3,391 816 Facilites City Center ISF 99,329 Total General Fund 1,119,427 817 Facilites Comm. Center ISF 67,052 Total Internal Svc/Agency Fund 3,107,221 301 CDBG 47,000 303 Cemetary Operation 3,601 Report Total 8,836,955 Total Special Revenue Fund 50,601 439 G.O. Refunding Bonds 2011C 2,415 441 2012A G.O. Refunding Bonds 57,578 442 2012B G.O. Refund Capital Imp 21,053 443 2012C GO Perm Impr Ref Bonds 12,250 446 2014A G.O. TAX ABATEMENT BON 246,106 Total Debt Service Fund 339,403 City of Eden Prairie Council Check Register by GL 8/18/2020 Check #Amount Supplier / Explanation Account Description Business Unit Comments 1025825 749,140 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital Ground storage res.and Pump station 276140 585,466 EUREKA CONSTRUCTION INC Improvement Contracts General Fixed Asset Account Gr Preserve Blvd Reconstruction 276169 532,268 METROPOLITAN COUNCIL MCES User Fee SAC Agency Fund Wastewater fee Aug20/SAC Charges Jun 2020 1025737 311,927 EP CONSOLIDATED PROPERTIES LLC TIF Payment TIF-Eden Shores Senior Housing 1st half TIF Payment 7790 305,860 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits August 2020 Premiums7786267,476 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 07.31.20 266,062 266,738 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 07.03.20 7770 266,062 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 07.17.20 7765 258,356 U S BANK Interest 2014A G.O. TAX ABATEMENT BONDS US Bank Bond Payments 7/15/20 7784 187,453 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 07.17.207768183,564 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 07.03.20 7747 180,287 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 06.20.20 276071 178,940 CASCADE AT TOWN CENTER TIF Payment TIF-Lincoln Parc Apts 1st half TIF Payment 276241 166,043 CORRECTIVE ASPHALT MATERIALS LLC Seal Coating Street Maintenance 2020 Street Sealcoating 276486 159,465 BKJ LAND COMPANY Improvement Contracts CIP Pavement Management 2020 Curb and gutter replacement7757153,506 FURTHER - AKA SELECT HSA - Employer Health and Benefits HSA PPE 07.03.20 275990 144,517 HP INC Computers IT Capital Squad laptops w/mobile comp sys rplcmt 276075 144,441 WATERS SENIOR LIVING TIF Payment TIF-Rolling Hills Sr Hsg 1st half TIF payment 276070 119,152 BMO HARRIS BANK N.A TIF Payment TIF-Town Center-Windsor Plaza 1st half TIF payment 276069 115,528 CURB MASTERS INC Asphalt Overlay Street Maintenance City Curb repair project27657297,779 VALLEY RICH CO INC Equipment Repair & Maint Wasterwater Collection 1025791 92,468 I-STATE TRUCK CENTER Autos Fleet - Public Works 276200 90,252 TP ELEVATE LLC TIF Payment TIF-Elevate Apts 7753 81,046 U S BANK Interest 2012B GO Refund Capital Improv 1025818 80,421 LOGIS LOGIS IT Operating27652768,015 KEVIN CASEY, LLC Other Contracted Services General Fixed Asset Account Gr 7778 62,404 USB-PURCHASING CARD Operating Supplies Community Center Admin 1025915 61,326 REPUBLIC SERVICES #894 Waste Disposal Stormwater Non-Capital 1025894 60,957 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Wastewater Lift Station 276246 54,391 DMJ ASPHALT INC Other Contracted Services General Fixed Asset Account Gr27641251,220 KEYS WELL DRILLING COMPANY Equipment Repair & Maint Water Capital 276281 51,018 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 276059 46,206 UNITED PROPERTIES TIF Payment TIF-Superior Office Crt 1025815 42,063 GREGERSON ROSOW JOHNSON & NILAN LTD Legal EP Rd Connect to Flying Cloud 276411 41,749 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store27632141,074 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 275997 40,789 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1025827 39,215 SRF CONSULTING GROUP INC Design & Engineering General Fixed Asset Account Gr 276198 36,816 TENVOORDE FORD, INC.Autos Fleet - Fire 7750 31,498 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits27615930,448 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 276300 29,961 MIDWAY FORD Autos Fleet - Park & Rec 276170 29,797 MIDWAY FORD Autos Fleet - Park & Rec 1025835 29,328 XCEL ENERGY Electric Senior Center 276526 28,758 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store777227,493 EMPOWER Deferred Compensation Health and Benefits 7788 27,192 EMPOWER Deferred Compensation Health and Benefits 7751 26,972 EMPOWER Deferred Compensation Health and Benefits 276479 25,772 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - Tenant Cost 276328 25,683 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store27639824,386 GRAYMONT Treatment Chemicals Water Treatment 1025909 22,868 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Pool Maintenance27644821,969 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 276489 21,336 BMO HARRIS BANK N.A TIF Payment TIF-Town Center-Windsor Plaza 1025787 20,306 CURB MASTERS INC Asphalt Overlay Street Maintenance 7771 20,131 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits778719,828 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 275995 19,293 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 276210 18,830 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 275961 18,796 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1025783 18,570 XCEL ENERGY Electric Arts Center27656018,039 SSI KEF SLB LLC Electric Maintenance Facility 276048 18,012 SSI KEF SLB LLC Electric Water Treatment 276421 18,000 MEMORY INNOVATION LLC Supplies - Fire/Life/Safety Facilities Operating ISF 7756 17,561 WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store 7794 17,417 WORLDPAY INTEGRATED PAYMENTS Bank and Service Charges Prairie View Liquor Store102589617,210 BIFFS INC Waste Disposal Utility Operations - General 276280 17,090 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 276166 17,040 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 276157 16,699 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 276072 16,592 COLUMBINE TOWNHOMES TIF Payment TIF-Columbine Road Housing27623816,220 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection 1025921 15,489 ZIEGLER INC Equipment Repair & Maint Wasterwater Collection 7764 15,419 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 276228 15,226 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 276449 14,933 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store27614514,791 GRAYMONT Treatment Chemicals Water Treatment 276263 14,784 GRAYMONT Treatment Chemicals Water Treatment 275972 14,661 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection 275984 14,615 GRAYMONT Treatment Chemicals Water Treatment 276516 14,594 GRAYMONT Treatment Chemicals Water Treatment27636714,423 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 276120 14,161 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 276410 14,131 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 276501 13,829 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection 1025862 13,809 HANSEN THORP PELLINEN OLSON Design & Engineering Stormwater Capital777613,776 FURTHER - AKA SELECT HSA - Employer Health and Benefits 1025855 13,740 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs 276283 13,600 LANDMARK REMODELING LLC Accounts Receivable TIF-Eden Shores Senior Housing 7766 13,534 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture 1025863 13,390 HAWKINS INC Treatment Chemicals Water Treatment27604713,107 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1025881 12,850 DAILEY DATA & ASSOCIATES Computers IT Capital 1025822 12,585 MINNESOTA ROADWAYS CO Other Contracted Services Capital Maint. & Reinvestment 1025854 12,417 CENTERPOINT ENERGY Gas General Community Center 276185 12,371 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store102587912,032 BRAUN INTERTEC CORPORATION Building Repair & Maint.Improvement Projects 2006 276073 12,031 ST. PAUL PORT AUTHORITY Deposits General Fund 276474 11,857 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 276276 11,620 J & N WEED HARVESTING INC Other Contracted Services Stormwater Non-Capital 1025803 11,588 WSB & ASSOCIATES INC Design & Engineering Economic Development Fund27608011,405 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 1025802 11,313 WENCK ASSOCIATES INC OCS - Monitoring Stormwater Non-Capital 276312 11,255 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1025857 11,220 ELECTRIC PUMP Equipment Repair & Maint Water Treatment 276264 11,018 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store102571910,974 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store 276078 10,878 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store102583710,636 AVI SYSTEMS INC Other Contracted Services Cable PEG 7761 10,456 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 7780 10,449 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 275981 10,446 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating27600010,350 LANDMARK REMODELING LLC Other Contracted Services Rehab 276524 10,210 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 276464 10,187 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital 275940 10,121 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 276492 10,000 CANADA GOOSE MANAGEMENT INC Other Contracted Services Stormwater Non-Capital2762209,901 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 276450 9,883 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council 276418 9,644 LIGHTING PLASTICS OF MN Supplies - General Bldg Facilities Operating ISF 7797 9,578 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 276212 9,551 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store2762919,332 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 276438 9,250 PROP Other Contracted Services Housing and Community Service 1025916 9,125 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 276342 9,067 U.S DEPARTMENT OF AGRICULTURE Other Contracted Services Deer Consultant 276025 9,051 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store10257699,000 JEFFERSON FIRE & SAFETY INC Repair & Maint. Supplies Fire 276202 8,891 VERIZON WIRELESS Other Contracted Services IT Operating 276318 8,390 PRINTING ENTERPRISES INC Printing Communications 276470 8,379 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 276064 8,325 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution2764358,162 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 276208 7,972 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 276467 7,940 FINLEY BROS INC Other Contracted Services Park Maintenance 276275 7,500 INTIME SERVICES INC Software Maintenance IT Operating 276430 7,485 PATCHIN MESSNER DODD & BRUMM Right of Way & Easement EP Rd Connect to Flying Cloud2759427,437 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 276239 6,940 CORE & MAIN Repair & Maint. Supplies Wasterwater Collection 276065 6,763 VIDEOTRONIX INC Equipment Repair & Maint Public Safety Communications 276493 6,691 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 276114 6,500 BADGER STATE INSPECTION LLC Equipment Repair & Maint Water Capital10258536,391 CDW GOVERNMENT INC.Computers IT Capital 275973 6,107 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 276355 6,076 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 276309 6,019 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 276562 6,013 STARKRETE, LLC Other Contracted Services Rehab2761166,010 BOLTON & MENK INC Design & Engineering Improvement Projects 2006 276009 6,000 MEMORY INNOVATION LLC Supplies - Fire/Life/Safety Facilities Operating ISF 276371 6,000 CITY OF EDEN PRAIRIE Wages and Benefits 494 Corridor Commission 276056 5,998 THYMES TWO INC Contract Svcs - Lawn Maint.City Center - CAM 1025913 5,878 POMP'S TIRE SERVICE INC Tires Fleet Operating77935,852 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 1025733 5,826 STREICHERS Clothing & Uniforms Police Sworn 276211 5,765 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 275950 5,672 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 276513 5,650 FLEET MAINTENANCE INC Equipment Repair & Maint Fleet Operating2764765,649 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 7745 5,644 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 276387 5,600 EDGE CONSULTING ENGINEERS INC Other Contracted Services Public Safety Communications 276232 5,478 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 276568 5,470 TRANSPORT GRAPHICS Other Contracted Services Emergency Management2759895,419 HOPKINS CARPET ONE Other Contracted Services Rehab 276019 5,279 NORTHSTAR MUDJACKING & MORE LLC Asphalt Overlay Street Maintenance2760345,255 PROP Other Contracted Services CDBG - Public Service 1025807 5,246 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 276082 5,205 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 1025782 5,197 WM MUELLER AND SONS INC Gravel Wasterwater Collection2764725,187 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 276444 5,186 SAFETY VEHICLE SOLUTIONS Autos Fleet - Fire 276344 5,155 UNITED PROPERTIES TIF Payment TIF-Superior Office Crt 276575 5,094 YMCA OF THE GREATER TWIN CITIES Other Contracted Services Housing and Community Service 1025893 5,090 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating2759415,051 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 276209 5,023 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 276469 5,017 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 276107 5,000 ANOKA LAWN CARE LLC Deposits General Fund 276549 4,992 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store77914,940 FURTHER - AKA SELECT HRA Health and Benefits 276266 4,852 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission 276475 4,815 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 276471 4,769 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 276193 4,718 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store10257154,687 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1025717 4,660 CENTERPOINT ENERGY Gas Miller Park 1025875 4,544 WM MUELLER AND SONS INC Building Materials Wasterwater Collection 1025889 4,531 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Stormwater Collection 276338 4,493 TRANSPORT GRAPHICS Repair & Maint. Supplies Fire10258134,491 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance 1025735 4,463 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1025734 4,435 WALL TRENDS INC Contract Svcs - General Bldg Dunn Brothers 276482 4,367 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 276269 4,340 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store10258524,263 BOYER TRUCKS Equipment Parts Fleet Operating 276353 4,166 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 1025763 4,164 CDW GOVERNMENT INC.Computers IT Operating 276032 4,152 PROP Other Contracted Services CDBG - Public Service 276564 4,133 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Utility Operations - General2762494,128 DREAMSEATS LLC Operating Supplies Fire 1025904 4,092 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 1025709 4,058 SITEONE LANDSCAPE SUPPLY, LLC Chemicals Park Maintenance 276322 4,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 276298 3,976 METERING & TECHNOLOGY SOLUTIONS Repair & Maint. Supplies Water Metering10258243,945 RESTORATION SYSTEMS INC Outside Water Sales Water Enterprise Fund 276131 3,920 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 1025897 3,897 BOYER TRUCKS Equipment Parts Fleet Operating 276317 3,840 PRESCRIPTION LANDSCAPE Landscape Materials/Supp Street Maintenance 1025724 3,820 METRO SALES INCORPORATED*Equipment Rentals IT Operating2763353,811 TAPCO Signs Transportation Fund 276043 3,802 SIR LINES-A-LOT Contracted Striping Traffic Signs 276297 3,750 MEMORY INNOVATION LLC Supplies - Fire/Life/Safety Facilities Operating ISF 276508 3,750 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service 276081 3,737 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store10259083,729 METRO SALES INCORPORATED*Equipment Rentals IT Operating 276011 3,704 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 276468 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General 276213 3,653 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 7783 3,653 PFM ASSET MANAGEMENT LLC Interest Investment Fund10258603,635 GENUINE PARTS COMPANY Operating Supplies Fleet Operating 276031 3,528 PROP Other Contracted Services CDBG - Public Service2760103,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 276533 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 7774 3,486 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 1025830 3,481 STREICHERS Clothing & Uniforms Police Sworn2759383,340 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 276074 3,336 VERIZON WIRELESS Data Plans - Police IT Operating 1025831 3,313 TWIN CITY HARDWARE Other Contracted Services Den Road Building 1025761 3,285 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 7744 3,281 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration2765653,272 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Fleet Operating 276357 3,270 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 276203 3,217 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1025920 3,187 WM MUELLER AND SONS INC Gravel Water Distribution 276152 3,156 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting10258053,154 A-SCAPE INC Contract Svcs - Lawn Maint.Arts Center 276301 3,150 MIDWEST PLAYSCAPES Building Materials Capital Outlay Parks 7796 3,103 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 276148 3,096 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 276356 3,062 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store2760143,060 MOTOROLA SOLUTIONS INC Equipment Repair & Maint Public Safety Communications 1025781 3,045 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 276163 3,038 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 1025872 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 276552 2,968 PROP Other Contracted Services CDBG - Public Service77592,941 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 7782 2,928 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 276057 2,924 TRAFFIC SAFETY STORE Operating Supplies Staring Lake 276569 2,919 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating 1025722 2,844 HAWKINS INC Treatment Chemicals Water Treatment10257842,843 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 2006 276141 2,814 FIRE SAFETY USA INC Equipment Repair & Maint Fire 1025839 2,800 CONCRETE CUTTING AND CORING Repair & Maint. Supplies Wasterwater Collection 275999 2,790 LAKE COUNTRY DOOR LLC Equipment Repair & Maint Maintenance Facility 276017 2,764 NAC OCS - General Bldg Facilities Operating ISF2762062,759 WOODALE BUILDERS Developer Fees General Fund 1025843 2,757 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM 276361 2,731 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 276055 2,713 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1025899 2,702 DAIKIN APPLIED Other Contracted Services Facilities Capital10259052,684 JEFFERSON FIRE & SAFETY INC Protective Clothing Fire 276497 2,669 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 276404 2,650 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 275962 2,640 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 276504 2,600 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery2763362,588 TARGETSOLUTIONS LEARNING, LLC Software Maintenance IT Operating 276506 2,581 DELEGARD TOOL CO Small Tools Fleet Operating 275964 2,572 CENTURYLINK Telephone City Center - CAM 276495 2,570 CENTURYLINK Telephone City Center - CAM 1025736 2,553 WM MUELLER AND SONS INC Gravel Wasterwater Collection2759872,536 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 276284 2,530 LAVAN FLOOR COVERING Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr 276248 2,529 DOMACE VINO Liquor Product Received Den Road Liquor Store 276473 2,518 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 275943 2,515 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store2759532,505 BADGER STATE INSPECTION LLC Deposits Water Enterprise Fund 276554 2,502 ROCK HARD LANDSCAPE Landscape Materials/Supp Street Maintenance2759392,436 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 276253 2,426 ESCH CONSTRUCTION SUPPLY INC Asphalt Overlay Street Maintenance 276110 2,425 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 276270 2,420 HP INC Computers - Monitors IT Operating2765202,416 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 276574 2,403 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1025811 2,385 ESS BROTHERS & SONS INC Repair & Maint. Supplies Water Distribution 1025906 2,378 MENARDS Operating Supplies City Center - CAM 1025804 2,371 ANCHOR PAPER COMPANY Office Supplies Customer Service10259032,305 GRAINGER Supplies - General Bldg Utility Operations - General 276466 2,280 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 276205 2,250 NINE MILE CREEK WATERSHED DISTRICT Deposits General Fund 276332 2,250 STRATEGIC INSIGHTS INC Software Maintenance IT Operating 276183 2,212 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store2763502,206 WM CORPORATE SERVICES INC Waste Disposal Den Bldg. - CAM 276537 2,200 MINNESOTA AIR INC Supplies - HVAC Fire Station #3 276515 2,178 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 275988 2,171 HOME DEPOT CREDIT SERVICES EMS Supplies Facilities Operating ISF 7801 2,166 CARD CONNECT Bank and Service Charges Community Center Admin2763682,161 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 1025851 2,106 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 276158 2,089 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair & Maint Water Treatment 275954 2,061 BARTON SAND & GRAVEL CO Gravel Street Maintenance 1025895 2,023 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store10258502,021 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 276023 1,982 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 276408 1,978 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 276484 1,971 ASPEN MILLS Clothing & Uniforms Fire 1025744 1,939 HIRSHFIELD'S Operating Supplies Park Maintenance2759511,935 ARVIG Fiber Lease Payments IT Operating 276483 1,935 ARVIG Fiber Lease Payments IT Operating 276282 1,930 LAKELAND ENGINEERING EQUIP CO Equipment Repair & Maint Round Lake 1025826 1,930 SENIOR COMMUNITY SERVICES Other Contracted Services CDBG - Public Service 1025772 1,924 METRO SALES INCORPORATED*Equipment Rentals Customer Service2762241,907 BARTON SAND & GRAVEL CO Gravel Street Maintenance 7760 1,907 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 1025833 1,901 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 7773 1,888 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 1025914 1,876 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Water Treatment2764271,875 ONWARD EDEN PRAIRIE Other Contracted Services Housing and Community Service 276261 1,859 GOPHER STATE ONE-CALL Other Contracted Services Utility Operations - General 276431 1,840 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 276235 1,817 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 1025752 1,755 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance2763941,745 FIRST ARRIVING, LLC Equipment Repair & Maint Public Safety Communications 1025711 1,734 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 276314 1,730 PRAIRIE EQUIPMENT COMPANY Repair & Maint. Supplies Wasterwater Collection 1025900 1,723 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Distribution 276077 1,710 BCA - MNJIS Software Maintenance IT Operating10258081,708 BOYER TRUCKS Equipment Parts Fleet Operating 276323 1,677 SAFETY SIGNS Equipment Repair & Maint Stormwater Collection 276477 1,674 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 276294 1,650 MARTIN-MCALLISTER Employment Support Test Organizational Services 276519 1,650 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services TIF-Eden Shores Senior Housing2759831,647 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1025907 1,638 METRO ELEVATOR INC Contract Svcs - Elevator Utility Operations - General2761491,625 HOMELINE Other Contracted Services Housing and Community Service 276012 1,625 MN DEPT OF TRANSPORTATION Equipment Repair & Maint EP Rd Connect to Flying Cloud 276147 1,620 HENNEPIN TECHNICAL COLLEGE Other Rentals Stormwater Non-Capital 276033 1,604 PROP Other Contracted Services CDBG - Public Service2763901,602 ENVIROTECH SERVICES, INC Other Contracted Services Street Maintenance 276289 1,601 M R SIGN Signs Traffic Signs 276440 1,594 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1025874 1,586 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1025861 1,574 GRAINGER Cleaning Supplies Utility Operations - General10258731,541 STREICHERS Clothing & Uniforms Police Sworn 276311 1,533 PERA Wages and Benefits 494 Corridor Commission 276433 1,533 PERA Wages and Benefits 494 Corridor Commission 1025800 1,520 VAN PAPER COMPANY Supplies - Fire/Life/Safety Facilities Operating ISF 276293 1,500 MARTIN, KIM Rebates Stormwater Non-Capital2764291,500 PALMQUIST JOAN & HILDRETH RANDALL Rebates Stormwater Non-Capital 276083 1,494 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1025838 1,482 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 1025891 1,461 VAN PAPER COMPANY Cleaning Supplies Arts Center 1025858 1,458 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection10258011,445 VINOCOPIA Liquor Product Received Den Road Liquor Store 1025887 1,432 ROTO-ROOTER Building Repair & Maint.Utility Operations - General 1025764 1,416 CENTERPOINT ENERGY Gas Senior Center 276038 1,405 RETROFIT COMPANIES, INC, THE Contract Svcs - Electrical General Community Center 276029 1,399 PROP Other Contracted Services CDBG - Public Service2760681,393 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 276457 1,367 TURFWERKS Equipment Repair & Maint Park Maintenance 276352 1,364 YORKTOWN OFFICES Rent 494 Corridor Commission 276372 1,361 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 275968 1,349 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store77551,347 CARD CONNECT Bank and Service Charges Community Center Admin 276507 1,341 EARL F ANDERSEN INC Signs Street Maintenance 1025759 1,338 WSB & ASSOCIATES INC Other Contracted Services Stormwater Non-Capital 7777 1,326 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 276553 1,301 PROP Other Contracted Services Rehab2763161,300 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 1025789 1,300 FLEETPRIDE INC Equipment Parts Fleet Operating 1025703 1,299 HACH COMPANY Laboratory Chemicals Water Treatment 276154 1,281 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 276216 1,264 AERO DRAPERY AND BLIND Capital Under $25,000 FF&E - Furn, Fixtures & Equip.276557 1,260 SALAMANDER TECHNOLOGIES INC Equipment Repair & Maint Public Safety Communications 276122 1,254 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Stormwater Collection 276396 1,252 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 276104 1,252 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 276434 1,252 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn2763991,251 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 275977 1,250 EARL F ANDERSEN INC Signs Park Maintenance 276167 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service 276144 1,221 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 276111 1,218 ASPEN MILLS Clothing & Uniforms Fire2765301,215 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 276013 1,213 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 276079 1,202 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1025710 1,197 VAN PAPER COMPANY Cleaning Supplies Den Road Liquor Store 1025836 1,188 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Fire10257291,188 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Ice Arena Maintenance 276346 1,184 WARNING LITES Other Rentals Water Distribution10257701,182 MENARDS Equipment Parts Park Maintenance 276199 1,180 THE ADVENT GROUP Temp 494 Corridor Commission 1025757 1,178 VAN PAPER COMPANY Cleaning Supplies City Center - CAM 7763 1,170 FURTHER - AKA SELECT Other Contracted Services Health and Benefits2765481,160 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 276058 1,160 TYLER TECHNOLOGIES INC Other Contracted Services Police Sworn 1025821 1,150 MINNESOTA RECREATION & PARK ASSOCIATION Special Event Fees Softball 276393 1,148 FIRE SAFETY USA INC Equipment Parts Fleet Operating 7792 1,136 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits10257651,099 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Distribution 276105 1,098 AIRGAS USA LLC Supplies - Pool Pool Maintenance 275985 1,092 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 276007 1,083 MARCO INC Hardware - R&M IT Operating 276133 1,080 DEHOOG BERNIE Training Fire2762181,080 ANDERSON EMILY Training Fire 1025758 1,075 VINOCOPIA Liquor Product Received Prairie View Liquor Store 7767 1,072 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 276036 1,066 QUETICA LLC Contract Svcs - General Bldg Ice Arena Maintenance 276006 1,066 MANSFIELD OIL COMPANY Supplies - Fire/Life/Safety General Community Center2760051,051 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 276236 1,048 COLLIERS ARCHITECTURE, LLC Contract Svcs - General Bldg City Hall (City Cost) 276354 1,044 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 276247 1,043 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 276302 1,040 MINNESOTA STUCCO AND RENOVATIONS LLC Contract Svcs - General Bldg Cummins Grill House2764591,016 UNITED WAY Charitable Contributions Health and Benefits 1025792 1,008 MIDWEST OVERHEAD CRANE Maintenance Contracts Water Treatment 276494 1,008 CENTURY PLUMBING Plumbing Permits General Fund 1025790 987 GREENSIDE INC Contract Svcs - Lawn Maint.City Center - CAM 276541 983 MN DEPT OF TRANSPORTATION Testing EP Rd Connect to Flying Cloud276022975OUTDOORS AGAIN INC Other Contracted Services Pleasant Hill Cemetery 276432 964 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 276313 960 PITNEY BOWES Postage Customer Service 276243 952 DALE GREEN COMPANY, THE Landscape Materials/Supp Street Maintenance 276536 951 MILESTONES Employee Award Organizational Services276558938SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 276217 938 AIRGAS USA LLC Supplies - Pool Pool Maintenance 276485 935 BARTON SAND & GRAVEL CO Gravel Street Maintenance 276035 923 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 276525 920 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment1025723916MENARDSSmall Tools Round Lake 276273 916 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 276454 915 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Dunn Brothers 276490 915 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 276349 900 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store276184898PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 276215 888 ABOVE QUALITY INC Other Contracted Services Capital Maint. & Reinvestment 276395 886 FLEXIBLE PIPE TOOL COMPANY Repair & Maint. Supplies Wasterwater Collection 276480 879 ALEX AIR APPARATUS INC Equipment Testing/Cert.Emergency Management 1025912 854 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Fire Station #11025834851WM MUELLER AND SONS INC Landscape Materials/Supp Park Maintenance 276115 850 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 276089 843 HELD BRIANNA AR Utility Water Enterprise Fund 276286 840 LIGHTING PLASTICS OF MN Supplies - General Bldg Facilities Operating ISF 275979 833 ESCH CONSTRUCTION SUPPLY INC Asphalt Overlay Stormwater Collection276401830HEALTH STRATEGIES Health & Fitness Fire 276168 829 MEGA BEER Liquor Product Received Prairie View Liquor Store275965824CENTURYLINKInternetWater Treatment 275944 820 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 276219 814 APPLIED ECOLOGICAL SERVICES INC Maintenance Contracts Stormwater Non-Capital 275974 803 DALCO Cleaning Supplies Facilities Operating ISF276296802MEGA BEER Liquor Product Received Den Road Liquor Store 276532 800 MEMORY INNOVATION LLC Supplies - Fire/Life/Safety Facilities Operating ISF 276066 790 WATER CONSERVATION SERVICES INC Other Contracted Services Water Distribution 1025828 773 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Equipment Repair & Maint Park Maintenance 276402 766 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications275946766ADVANTAGE PROPERTY MAINTENANCE INC Landscape Materials/Supp Street Maintenance 276405 764 HOME DEPOT CREDIT SERVICES Small Tools Housing and Human Svcs 276319 763 R J THOMAS MFG CO INC Machinery & Equipment Capital Outlay Parks 1025726 754 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 276340 750 TREEHOUSE Other Contracted Services Housing and Community Service276040747RUE 38 LLC Liquor Product Received Prairie Village Liquor Store 276542 729 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1025919 729 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 276551 723 PROP Other Contracted Services CDBG - Public Service 1025771 723 METRO ELEVATOR INC Contract Svcs - Elevator City Center - CAM1025773722METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Fitness/Conference - Cmty Ctr 1025716 716 BOYER TRUCKS Equipment Parts Fleet Operating 276360 712 AIRGAS USA LLC Supplies - Pool Pool Maintenance 276150 709 HP INC Computers IT Operating 276256 705 FIRST MINNETONKA CITY BANK Corridor Comm. Misc 494 Corridor Commission275994705JARVENPA PATRICK Accounts Receivable TIF-Eden Shores Senior Housing 1025814 702 GRAINGER Repair & Maint. Supplies Street Maintenance 1025910 696 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 276288 691 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating 1025712 688 WSB & ASSOCIATES INC Design & Engineering SingleTree Lane South276451661STAPLES ADVANTAGE Office Supplies Customer Service 1025848 659 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 276124 658 CINTAS CORPORATION Safety Supplies Community Center Admin 1025768 657 GRAYBAR Supplies - HVAC Ice Arena Maintenance 275986 656 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store7748650ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 7769 650 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 7785 650 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 1025797 646 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 276016 639 MUSIC TOGETHER IN THE VALLEY LLC Instructor Service Preschool Events276277636J H LARSON COMPANY Supplies - Electrical City Center - CAM 276463 630 WATER CONSERVATION SERVICES INC Other Contracted Services Water Distribution 276189 625 SAFETY SIGNS Repair & Maint. Supplies Stormwater Collection 1025866 615 MENARDS Asphalt Overlay Park Maintenance 276426 608 NORTHMARK HOMEOWNERS ASSOCIATION Rebates Stormwater Non-Capital275998600JOHNSON CONTROLS Building Repair & Maint.Utility Operations - General 276062 600 URBAN LAND INSTITUTE Dues & Subscriptions Community Development Admin. 276271 600 IDEA CREEK LLC,THE Operating Supplies-Award/Retir Fire 276363 599 ASSURED SECURITY Building Repair & Maint.Utility Operations - General 276118 591 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store276455590THE ADVENT GROUP Temp 494 Corridor Commission 276566 589 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 276424 584 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 276028 580 PRAIRIE RESTORATIONS INC Grounds Maintenance Utility Operations - General 276531 578 MARCO INC Operating Supplies IT Operating276176577MN DEPARTMENT OF NATURAL RESOURCES Other Rentals Stormwater Non-Capital 275958 576 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store276027570PRAIRIE LUTHERAN CHURCH P&R Refunds Community Center Admin 276125 569 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 276364 568 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 276567 560 THE ADVENT GROUP Temp 494 Corridor Commission276555559SAFETY SIGNS Equipment Repair & Maint Wasterwater Collection 276522 558 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 276190 557 SCHERER BROTHERS LUMBER CO Building Materials Park Maintenance 276307 555 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 276550 550 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission275955546BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 1025708 545 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 276024 542 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 276050 542 STAR TRIBUNE Dues & Subscriptions Utility Operations - General 276260 540 GESKE KEEGAN Training Fire276265540HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 276358 540 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 276382 538 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 276191 536 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store 1025798 534 THE OASIS GROUP Employee Assistance Organizational Services1025882531FASTENAL COMPANY Equipment Parts Fleet Operating 276388 530 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Town Center-Windsor Plaza 275963 525 CENTURY COLLEGE Training Fire 276547 525 PARAGON DEVELOPMENT SYSTEMS Other Contracted Services IT Operating 276310 525 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store1025755518SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Street Maintenance 275992 517 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 276365 516 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 276151 506 HYDRO-VAC INC Equipment Repair & Maint Stormwater Collection 276109 503 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services275947503AIRGAS USA LLC Supplies - Pool Pool Maintenance 276337 500 THE ADVENT GROUP Temp 494 Corridor Commission 276179 499 NAFA FLEET MANAGEMENT ASSOCIATION Dues & Subscriptions Fleet Operating 276108 495 APWA-MN CHAPTER Conference/Training Engineering 1025721 494 GRAINGER Repair & Maint. Supplies Utility Operations - General276556494SAFETY VEHICLE SOLUTIONS Equipment Repair & Maint Fire 276419 491 MACQUEEN EQUIPMENT INC Repair & Maint. Supplies Fleet Operating 276326 486 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 276559 484 SHIRT STARZ INC Clothing & Uniforms Police Sworn 276521 480 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store1025748480MINNESOTA NATIVE LANDSCAPES Maintenance Contracts Stormwater Non-Capital 1025786 474 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating 1025727 470 PEARSON BROTHERS INC Outside Water Sales Water Enterprise Fund 276534 468 MIDAS Equipment Repair & Maint Fleet Operating 276196 468 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store276117467BOUND TREE MEDICAL LLC EMS Supplies Fire 7752 466 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 1025841 461 FASTENAL COMPANY Safety Supplies Fleet Operating 1025778 458 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 276142 457 GERTENS Landscape Materials/Supp Park Maintenance276226454BOUND TREE MEDICAL LLC EMS Supplies Fire 275976 452 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 276299 445 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 276320 444 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 275996 443 JOHN HENRY FOSTER MINNESOTA INC Contract Svcs - General Bldg Fire Station #2276491441BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1025777 438 REINDERS INC Chemicals Park Maintenance276044438SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 275991 434 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 276096 432 NATIONAL RETAIL PROPERTY AR Utility Water Enterprise Fund 7798 431 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting276279430JIRELE JESSICA P&R Refunds Community Center Admin 276348 430 WENTZEL, BARB P&R Refunds Community Center Admin 276053 429 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 276156 427 INTERNAL REVENUE SERVICE CENTER Health Insurance Health and Benefits 276420 416 MEGA BEER Liquor Product Received Den Road Liquor Store276546414PAFFY'S PEST CONTROL Contract Svcs - Pest Control General Community Center 1025819 412 MENARDS Operating Supplies Staring Lake 276397 410 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 276225 408 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 276563 408 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store276146403HEALTH STRATEGIES Health & Fitness Fire 276255 400 FINNLY TECHNOLOGY LLC Licenses, Taxes, Fees Ice Operations 276351 400 WOOD, BRETT Rebates Stormwater Non-Capital 276369 392 CENTURYLINK Telephone Wastewater Lift Station 276229 389 CAPREF EDEN PRAIRIE LLC Building Rental CDBG - Public Service276137389EARL F ANDERSEN INC Signs Stormwater Non-Capital 276194 388 STAPLES ADVANTAGE Office Supplies Customer Service 276003 387 LEONARD CHRISTY P&R Refunds Community Center Admin 1025867 382 METRO SALES INCORPORATED*Equipment Rentals IT Operating 276187 380 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store276240380CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 276509 379 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 276487 378 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 1025823 377 PREMIUM WATERS INC Operating Supplies - Water Fire 1025738 376 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Den Road Liquor Store276002373LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 276518 369 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 276001 369 LANO EQUIPMENT INC Equipment Parts Fleet Operating 276164 368 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 276214 364 3D SPECIALTIES Signs Traffic Signs276304361MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 276123 360 CENTURYLINK Telephone IT Operating 1025762 358 BOYER TRUCKS Equipment Parts Fleet Operating 276334 356 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Prairie View Liquor Store 276446 353 SIGNSOURCE Contract Svcs - General Bldg Police (City Cost)276529 352 LAWSON PRODUCTS INC Equipment Parts Fleet Operating 276303 351 MN DEPT OF TRANSPORTATION Testing Improvement Projects 2006 1025742 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1025714 344 ASPEN WASTE SYSTEMS INC.Janitor Service Utility Operations - General 1025902 343 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM276231343CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 1025911 342 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 276417 339 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 276414 338 KODIAK CUSTOM LETTERING INC Supplies - Fire/Life/Safety Facilities Operating ISF 1025865 337 LOCATORS & SUPPLIES INC Operating Supplies Street Maintenance276233336CENTURYLINKTelephoneIT Operating 1025878 334 BOSACKER MIKE Mileage & Parking Police Sworn 276155 330 INDEPENDENT SCHOOL DISTRICT 272 Reimburse-legal notices General Fund 1025701 328 FASTENAL COMPANY Operating Supplies Fleet Operating 276278 326 JAMISON OPTICAL LLC Capital Under $25,000 Capital Maint. & Reinvestment276098325SHRIVASTAVA PREETI AR Utility Water Enterprise Fund 1025917 325 TWIN CITY SEED CO Landscape Materials/Supp Round Lake1025840325ENVIRONMENTAL RESOURCE ASSOCIATES Laboratory Chemicals Water Treatment 276223 323 AUTOWASH SYSTEMS INC Equipment Repair & Maint Fleet Operating 276245 320 DELTA DENTAL Wages and Benefits 494 Corridor Commission 276407 319 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store276067317WAYNES HOME SERVICES Contract Svcs - General Bldg Outdoor Center Facilities 276308 315 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Outdoor Center Facilities 276523 312 J H LARSON COMPANY Supplies - Electrical Maintenance Facility 1025702 311 FLEETPRIDE INC Equipment Parts Fleet Operating 276262 310 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store276178309MOST DEPENDABLE FOUNTAINS Repair & Maint. Supplies Park Maintenance 276505 303 DALCO Cleaning Supplies Facilities Operating ISF 276030 302 PROP Other Contracted Services CDBG - Public Service 1025856 302 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1025775 302 MTI DISTRIBUTING INC Equipment Parts Fleet Operating1025892301VINOCOPIALiquor Product Received Prairie Village Liquor Store 275957 300 BIKEVERYWHERE, LLC Incentives 494 Corridor Commission 276287 300 LOAD'EM UP TRAILERS RENTAL AND SALES Other Rentals Elections 276341 300 TURNING TECHNOLOGIES, LLC Software Maintenance IT Operating 276379 300 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits276285295LEIFELD FRAMING Operating Supplies Volunteers 1025725 294 MTI DISTRIBUTING INC Equipment Repair & Maint Fleet Operating 1025888 290 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1025884 278 GREATAMERICA FINANCIAL SVCS Postage Customer Service 276272 276 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store276392275FERGUSON WATERWORKS Repair & Maint. Supplies Water Distribution 1025730 274 REINDERS INC Other Contracted Services Park Maintenance 276535 271 MIDWEST SIGN & SCREEN PRINTING SUPPLY CO Operating Supplies Traffic Signs 276143 269 GIRARD'S BUSINESS SOLUTIONS INC Equipment Repair & Maint Customer Service 1025740 264 FASTENAL COMPANY Safety Supplies Fleet Operating1025741263FLEETPRIDE INC Equipment Parts Fleet Operating 276345 261 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 276570 256 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 276488 256 BLUEPEARL VETERINARY Canine Supplies Police Sworn 276106 256 ALTEC INDUSTRIES INC Repair & Maint. Supplies Park Maintenance7781253US BANK - PAYMODE Bank and Service Charges Finance 276186 252 PLANT & FLANGED EQUIPMENT Repair & Maint. Supplies Flying Cloud Fields 7746 252 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1025785 249 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store 276295 248 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store276391247FASTSIGNSMiscellaneousAthletic Programs Admin 276101 246 WEINRICH NANCY AR Utility Water Enterprise Fund 276423 244 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 276042 240 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 276134 239 DIRECTV Cable TV Community Center Admin275980238FASTSIGNSSignsStormwater Non-Capital 276339 238 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 275967 238 CINTAS Operating Supplies Park Maintenance 276496 238 CINTAS Operating Supplies Park Maintenance 1025849 235 VAN PAPER COMPANY Cleaning Supplies Facilities Operating ISF276021234OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Fleet Operating 276403 230 HENNEPIN COUNTY TREASURER PUBLIC WORKS Electric Park Maintenance 276359 229 AAA LAMBERTS LANDSCAPE PRODUCTS INC Landscape Materials/Supp Round Lake 1025698 229 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store 1025877 229 AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Prairie View Liquor Store1025776228NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 276100 228 VESLEDAHL MATTHEW AR Utility Water Enterprise Fund1025745228JOHNSON, PHILLIP Clothing & Uniforms Police Sworn 276329 226 STAPLES ADVANTAGE Office Supplies Customer Service 1025868 225 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 276112 225 ASSURED SECURITY Building Repair & Maint.Park Maintenance276177225MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 276481 225 ARMA INTERNATIONAL Dues & Subscriptions City Clerk 276046 224 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Rentals Fire 1025731 221 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance 276188 218 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store276015213MUELLER CO Repair & Maint. Supplies Water Metering 276180 212 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 275949 209 AQUA LOGIC INC Equipment Repair & Maint Round Lake 276366 209 BLUEPEARL VETERINARY Canine Supplies Police Sworn 276221 208 ASPEN MILLS Clothing & Uniforms Fire276503205CUB FOODS EDEN PRAIRIE Training Supplies Police Sworn 1025779 205 SPRINT Cell Phones 494 Corridor Commission 1025700 204 FADDEN, TIMOTHY Conference/Training Inspections-Administration 275966 200 CHRIS CASTLE INC Website Development 494 Corridor Commission 275982 200 GAS TANK RENU OF MINNESOTA Equipment Repair & Maint Fleet Operating276442200RIZZO CHLOE Other Contracted Services Arts 1025739 200 CLAREY'S SAFETY EQUIPMENT Equipment Repair & Maint Emergency Management 1025842 200 GREAT AMERICAN BUSINESS PRODUCTS Operating Supplies Community Center Admin 276102 197 TERRY JUDITH Mileage & Parking Stormwater Non-Capital 276439 196 PROP - PR Charitable Contributions Health and Benefits276251196EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 276138 195 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Administration 1025718 195 CITI-CARGO & STORAGE CO, INC Other Rentals Winter Theatre 1025754 193 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 1025876 190 XCEL ENERGY Electric Forest Hills Park275970190COMCASTInternetIT Operating 275971 190 COMCAST Internet IT Operating 275960 188 BUXTON SUSAN P&R Refunds Community Center Admin 276086 186 CHOU ALYSSA AR Utility Water Enterprise Fund 1025883 184 FLEETPRIDE INC Equipment Parts Fleet Operating276406184INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 1025751 184 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 275959 183 BLUEPEARL VETERINARY Canine Supplies Police Sworn 1025774 183 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 276517 181 GS DIRECT Operating Supplies Recreation Admin276545181OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 276400 180 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 276416 180 LAWSON PRODUCTS INC Equipment Parts Fleet Operating 1025753 179 SCHULZE, CARTER Mileage & Parking Engineering 1025767 178 GRAINGER Repair & Maint. Supplies City Hall (City Cost)276452 177 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 276512 175 FIRE SAFETY USA INC Equipment Parts Fleet Operating 276347 172 WELDER, GWEN P&R Refunds Community Center Admin 276008 172 MEGA BEER Liquor Product Received Den Road Liquor Store 1025806 171 ASPEN EQUIPMENT CO.Repair & Maint. Supplies Utility Operations - General276207170PETTY CASH-EPCC Mileage & Parking Round Lake Beach 1025886 169 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1025820 169 METRO ELEVATOR INC Contract Svcs - Elevator Fire Station #1 1025810 168 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1025728 166 POMP'S TIRE SERVICE INC Tires Fleet Operating276018165NAUSCHUTZ ZACH P&R Refunds Community Center Admin 276389 164 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating7762163VANCO SERVICES Bank and Service Charges Wastewater Accounting 276327 162 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 276331 162 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 276441 162 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store275952160ASPEN MILLS Clothing & Uniforms Police Sworn 1025809 160 CDW GOVERNMENT INC.Computers IT Capital 276136 159 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1025796 158 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 276087 158 CULBERT JOHN AR Utility Water Enterprise Fund276139158ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store 1025829 157 STERICYCLE INC Other Contracted Services Police Sworn 276039 156 ROCK HARD LANDSCAPE Gravel Street Maintenance 276060 156 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 276445 156 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store1025706155MUNOZ, MEGAN Mileage & Parking Fitness Admin. 276227 154 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 276037 154 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 276573 150 WILD ONES PRAIRIE EDGE Instructor Service Stormwater Non-Capital 1025832 150 USA SECURITY Maintenance Contracts Water Treatment276041150SCHLOSSMACHER, JIM Mileage & Parking Police Sworn 276160 149 JOHNSTONE SUPPLY Building Repair & Maint.Water Supply (Wells) 1025795 147 PROSOURCE SUPPLY Cleaning Supplies General Community Center 276333 145 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 1025880 141 CUSTOM HOSE TECH Equipment Parts Fleet Operating276153138INBOUND BREW CO Liquor Product Received Den Road Liquor Store 276443 137 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store 1025817 137 IDENTISYS Printers -Accessories IT Operating 1025871 137 SPS COMPANIES Repair & Maint. Supplies Park Maintenance 276020 136 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating276305135MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 276324 135 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie View Liquor Store 276172 131 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 276135 131 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1025707 129 QUALITY PROPANE Motor Fuels Ice Arena Maintenance276510128ENGH NICK Mileage & Parking Park Maintenance 276528 128 LANO EQUIPMENT INC Equipment Parts Fleet Operating 276161 128 KROWEZ SAMANTHA Operating Supplies Arts Center 1025864 127 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 276132 126 DANGER CAROL AR Utility Water Enterprise Fund276182125OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 7789 123 ELAVON Operating Supplies Inspections-Administration 276201 123 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 276375 123 COMCAST Cable TV Fire 276538 123 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Den Road Liquor Store276462121VERIZON WIRELESS Telephone E-911 Program 276204 120 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 276244 120 DAYROBB BATTERIES PLUS Small Tools Fire 276250 120 EDEN PRAIRIE COLLISION Equipment Repair & Maint Police Sworn 1025901 120 ECM PUBLISHERS INC Legal Notices Publishing City Clerk276234116CHUCK & DON'S PET FOOD & SUPPLIES Canine Supplies Police Sworn 276370 116 CHUCK & DON'S PET FOOD & SUPPLIES Canine Supplies Police Sworn 276500 115 COMCAST Phone/Data/Web 494 Corridor Commission 276571 115 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 275969 115 COMCAST Phone/Data/Web 494 Corridor Commission276428114OPALINSKI MONICA Landscape Materials/Supp Street Maintenance 1025732 113 SPS COMPANIES Supplies - Pool Pool Maintenance276252113ENGH NICK Mileage & Parking Park Maintenance 1025788 112 FASTENAL COMPANY Operating Supplies Fleet Operating 276306 112 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 276539 111 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service276460111URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 276254 111 FERRIS JACKSON Mileage & Parking Park Maintenance 276097 110 SHEN SHUHAI AR Utility Water Enterprise Fund 276561 109 STAPLES ADVANTAGE Office Supplies Customer Service 276257 108 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating7754106SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 276173 104 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 276128 103 COMCAST Cable TV Fire 276458 101 TWIN CITIES FLAG SOURCE, INC Supplies - General Bldg General Community Center 276343 100 ULTIMATE EVENTS, INC Development Fire Permits General Fund276376100COMCASTInternetIT Operating 276076 100 BCA - MNJIS Employment Support Test Fire 1025846 100 PETERKIN, BRENNA Tuition Reimbursement/School Fitness Classes 1025793 98 MUNOZ, MEGAN Mileage & Parking Fitness Admin. 1025859 95 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating102581695HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake 276192 94 SHRED RIGHT Waste Disposal City Hall (City Cost) 276447 93 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 1025713 92 ZEP SALES AND SERVICE Operating Supplies Fleet Operating 276165 92 LONEY CHRISTI P&R Refunds Community Center Admin27616291LATTIMORE ANDREW Mileage & Parking Riley Lake Beach 276181 90 OMNI BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 276514 90 FSR/JAMESTOWN VILLAS City Building Rental City Hall (City Cost) 276498 90 COMCAST Internet IT Operating 276090 90 HORAK, DARYL AR Utility Water Enterprise Fund27597889EDEN PRAIRIE COMMUNITY EDUCATION Gym Rental Volleyball 276268 89 HJELLE MICAH Mileage & Parking Park Maintenance 276258 89 FOUNDATION BUSINESS SYSTEMS, LLC Other Contracted Services Stormwater Non-Capital 276437 88 PLANT & FLANGED EQUIPMENT Equipment Repair & Maint Round Lake 1025847 88 QUALITY PROPANE Motor Fuels Ice Arena Maintenance27636288ASPEN MILLS Clothing & Uniforms Police Sworn 276511 88 FERRIS JACKSON Mileage & Parking Park Maintenance 276461 88 VALLEY POND ASSOCIATION P&R Refunds Community Center Admin 276267 87 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 1025720 86 GINA MARIAS INC Operating Supplies Volunteers27629085MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 276415 82 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 276127 81 COMCAST Equipment Repair & Maint E-911 Program 276259 80 FOX SARAH P&R Refunds Community Center Admin 276084 80 ACKLEY SCOTT AR Utility Water Enterprise Fund27613079CONSTRUCTION MATERIALS INC Building Materials Miller Park 276061 78 URBAN CHEMIST LLC Liquor Product Received Prairie View Liquor Store 275948 75 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg City Hall (City Cost) 276386 75 EDEN PRAIRIE NOON ROTARY CLUB Conference/Training Housing and Community Service 276543 75 MOHAMED FATIMA Other Contracted Services Special Events Admin27654475MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 1025898 75 CITI-CARGO & STORAGE CO, INC Other Rentals Theatre Initiative 7775 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 276413 70 KLOECKNER STEVE P&R Refunds Community Center Admin 1025705 69 MPX GROUP, THE Printing Police Sworn27608568ASHLEY JAMES AR Utility Water Enterprise Fund 276242 67 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission27637467COMCASTCable TV Fire 276465 65 WI SUPPORT COLLECTIONS TRUST FUND Other Deductions Health and Benefits 276004 64 LOMASTRO MICHAEL Operating Supplies Fire 276274 63 INTELLIGERE Other Contracted Services Police Sworn102589060TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Water Distribution 276197 60 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 7779 59 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 1025760 59 A-SCAPE INC Contract Svcs - Lawn Maint.Arts Center 276383 58 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits27645358SUBURBAN CHEVROLET Equipment Parts Fleet Operating 7758 57 MONEY MOVERS INC Other Contracted Services Community Center Admin 276222 56 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 276380 54 CORE & MAIN Repair & Maint. Supplies Water Metering 276129 53 COMCAST Cable TV Fire27637353COMCASTInternetIT Operating 276502 52 CRASSAS TRACIE Tuition Reimbursement/School Fitness Classes 276045 52 SNAP-ON TOOLS Small Tools Fleet Operating 1025750 52 OLSON, ROBERT Mileage & Parking Police Sworn 276425 48 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits27654048MIRACLE RECREATION EQUIPMENT CO Operating Supplies Park Maintenance 276049 45 STAPLES ADVANTAGE Office Supplies Utility Operations - General 276126 45 COMCAST Cable TV Fire 276499 45 COMCAST Cable TV Fire 1025743 44 HALLOCK COMPANY INC Repair & Maint. Supplies Forest Hills Park102587042SPRINTCell/Pager Plans IT Operating 276195 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 276292 41 MARCO INC Operating Supplies IT Operating 276478 41 A TO Z RENTAL CENTER Operating Supplies Street Maintenance 276171 40 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Concessions102576640ECM PUBLISHERS INC Operating Supplies City Clerk 1025869 38 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 276063 37 UTING, BRENDA Mileage & Parking Park Maintenance 276113 37 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 1025845 37 MCCALLEY, JAMIE Tuition Reimbursement/School Fitness Classes27611935CALIBER AUTO GLASS Equipment Repair & Maint Fleet Operating 276099 34 TANADINATA BENNY AR Utility Water Enterprise Fund 276230 33 CARVER COUNTY LICENSE CENTER Licenses, Taxes, Fees Fleet Operating 276054 33 STRAIN SARAH Mileage & Parking Planning 276088 33 FLYNN JEFF AR Utility Water Enterprise Fund102574632LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission 275975 32 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 276384 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 276385 30 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1025704 29 JOHNSTONE SUPPLY Supplies - HVAC Prairie Village Liquor Store102579426PETERKIN, BRENNA Tuition Reimbursement/School Fitness Classes 276381 25 DAYROBB BATTERIES PLUS Small Tools Facilities Staff 276052 25 STATE OF MINNESOTA Autos Fleet - Fire 276377 23 COMCAST Other Contracted Services Police Sworn 276378 23 COMCAST Other Contracted Services Police Sworn102584423IRMITER, JESSE Training Supplies Police Sworn 1025799 22 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Wastewater Lift Station 276051 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 276094 20 MILLER BRETT AR Utility Water Enterprise Fund 1025756 19 SPOK, INC.Cell/Pager Plans IT Operating27609218JOHNSON WESLEY AR Utility Water Enterprise Fund 276576 17 I-STATE TRUCK CENTER Equipment Parts Fleet Operating27609517MOELLER STEVEN AR Utility Water Enterprise Fund 276026 16 PRAIRIE LAWN AND GARDEN Landscape Materials/Supp Street Maintenance 276315 15 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 275993 15 J H LARSON COMPANY Equipment Repair & Maint Staring Lake27610315ADCO PROPERTIES AR Utility Water Enterprise Fund 276175 15 MINNETONKA SCHOOL DISTRICT NO 276 Other Revenue Police Sworn 276330 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating 276409 14 J H LARSON COMPANY Supplies - Electrical City Center - CAM 276121 14 CEF EP COMMUNITY SOLAR LLC Electric General Community Center27645613THOM LYNN Deposits General Fund 276325 12 SCHVERK ANTHONY Mileage & Parking Park Maintenance 276422 12 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 1025749 12 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission 7795 11 SQUARE Bank and Service Charges Prairie Village Liquor Store779911SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 276436 10 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 1025812 10 FORCE AMERICA Equipment Parts Fleet Operating 276174 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 1025780 10 UPS Postage Fleet Operating10259189UPSPostageHuman Resources 1025747 6 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission 276093 6 KAUFMANN JASON AR Utility Water Enterprise Fund 276091 5 JOHNSON KYLE AR Utility Water Enterprise Fund 275945 4 A TO Z RENTAL CENTER Equipment Parts Fleet Operating2762372COMCASTOther Contracted Services Police Sworn 7800 1 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture8,833,564 Grand Total City of Eden PrairiePurchasing Card Payment Report 8/18/2020 Amount Account Description Business Unit 5,842 Building Materials Capital Outlay Parks 3,271 Other Revenue General Fund 2,903 Software/Hardware Maint.IT Operating 2,382 Operating Supplies Riley Lake 2,335 Building Materials Capital Outlay Parks 2,011 Small Tools Fire 1,789 Operating Supplies Inspections-Administration 1,783 Deposits General Fund 1,452 Repair & Maint. Supplies Facilities Operating ISF 1,410 Cleaning Supplies Facilities Operating ISF 1,193 Legal Police Sworn 1,170 Operating Supplies Tennis 1,075 Operating Supplies Fire 1,066 Capital Under $25,000 Police Sworn 999 Other Contracted Services Communications 963 Capital Under $25,000 Fitness Classes 952 Repair & Maint. Supplies Utility Operations - General 922 Bank and Service Charges Prairie View Liquor Store 833 Repair & Maint. Supplies Facilities Operating ISF 750 Tuition Reimbursement/School Police Sworn 714 Deposits General Fund 713 Clothing & Uniforms Utility Operations - General 712 Fire Prevention Supplies Fire 693 Repair & Maint. Supplies Utility Operations - General 657 Repair & Maint. Supplies Police (City Cost) 651 Repair & Maint. Supplies Facilities Operating ISF 555 Building Materials Riley Lake 510 Equipment Repair & Maint Public Safety Communications 505 Conference/Training Assessing 479 Operating Supplies Stormwater Non-Capital 443 Equipment Parts Fleet Operating 430 Miscellaneous Police Sworn 424 Building Materials Park Maintenance 410 Cleaning Supplies Facilities Operating ISF 400 Conference/Training Assessing 393 Operating Supplies Fire 373 Employee Award Organizational Services 364 Office Supplies Police Sworn 364 Operating Supplies Stormwater Non-Capital 359 Building Repair & Maint.Utility Operations - General 347 Training Fire 329 Dues & Subscriptions Assessing 328 Operating Supplies Police Sworn 317 Waste Disposal City Center - CAM Amount Account Description Business Unit306Operating Supplies Police Sworn 297 Clothing & Uniforms Utility Operations - General 293 Equipment Parts Fleet Operating 288 Computers IT Operating 269 Small Tools Fire 261 Conference/Training IT Operating 260 Operating Supplies Park Maintenance 260 Small Tools Facilities Staff 258 Operating Supplies Fire 258 Operating Supplies Tennis 250 Operating Supplies Lesson Skills Development 250 Conference/Training IT Operating 247 Landscape Materials/Supp Capital Outlay Parks 242 Repair & Maint. Supplies Utility Operations - General 235 Equipment Repair & Maint Outdoor Center 220 Safety Supplies Utility Operations - General 220 Miscellaneous City Council 220 Safety Supplies Utility Operations - General 214 Office Supplies Police Sworn 208 Small Tools Fire 205 Landscape Materials/Supp Round Lake 200 Office Supplies Utility Operations - General 200 Conference/Training Assessing 200 Conference/Training Assessing 200 Advertising July 4th Celebration 189 Operating Supplies Arts Center 189 Travel Expense Police Sworn 189 Travel Expense Police Sworn 183 Travel Expense Police Sworn 183 Travel Expense Police Sworn 183 Travel Expense Police Sworn 183 Travel Expense Police Sworn 183 Travel Expense Police Sworn 183 Travel Expense Police Sworn 183 Travel Expense Police Sworn 183 Travel Expense Police Sworn 178 Operating Supplies Youth Programs Admin 178 Landscape Materials/Supp Capital Outlay Parks 175 Travel Expense Police Sworn 175 Travel Expense Police Sworn 175 Travel Expense Police Sworn 175 Travel Expense Police Sworn 175 Travel Expense Police Sworn 175 Travel Expense Police Sworn 175 Travel Expense Police Sworn 175 Travel Expense Police Sworn 174 Legal Notices Publishing City Clerk 170 Clothing & Uniforms Fleet Operating Amount Account Description Business Unit169Operating Supplies Staring Lake Concert 166 Operating Supplies Softball 165 Landscape Materials/Supp Capital Outlay Parks 165 Landscape Materials/Supp Capital Outlay Parks 162 Operating Supplies Round Lake Beach 159 Repair & Maint. Supplies Water Treatment 157 Operating Supplies Staring Lake Concert 157 Operating Supplies Fire 150 Miscellaneous Volunteers 150 Other Contracted Services Den Road Liquor Store 150 Training Supplies Police Sworn 145 Operating Supplies Emergency Management 140 Capital Under $25,000 Staring Lake Concert 140 Operating Supplies Concessions 140 Operating Supplies Police Sworn 139 Office Supplies Stormwater Non-Capital 139 Operating Supplies Park Maintenance 136 EMS Supplies Fire 132 Canine Supplies Police Sworn 130 Operating Supplies Youth Programs Admin 128 Operating Supplies Arts Center 126 Operating Supplies Community Center Admin 125 Repair & Maint. Supplies Water Treatment 125 Repair & Maint. Supplies Facilities Operating ISF 124 Operating Supplies Police Sworn 123 Licenses, Taxes, Fees Engineering 123 Licenses, Taxes, Fees Engineering 120 Operating Supplies Youth Programs Admin 116 Operating Supplies Pool Operations 116 Miscellaneous Engineering 111 Operating Supplies Park Maintenance 110 Small Tools Fire 109 Operating Supplies Concessions 105 Dues & Subscriptions Assessing 100 Miscellaneous Volunteers 100 Licenses, Taxes, Fees Fitness Classes 97 Office Supplies Police Sworn 95 Operating Supplies Park Maintenance 91 EMS Supplies Fire 91 Legal Notices Publishing City Clerk 90 Other Contracted Services Police Sworn 90 Small Tools Fire 90 Operating Supplies Youth Programs Admin 90 Computers IT Operating 89 Software/Hardware Maint.Fire 86 Deposits General Fund 86 Conference/Training Street Maintenance 86 Process Control Equipment IT Operating Amount Account Description Business Unit85Operating Supplies Community Center Admin 82 Waste Disposal City Center - CAM 80 Miscellaneous Volunteers 79 Waste Disposal City Center - CAM 79 Operating Supplies Riley Lake Beach 75 Operating Supplies Park Maintenance 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 73 Operating Supplies Police Sworn 73 Deposits General Fund 70 Operating Supplies Fire 70 Office Supplies Police Sworn 68 Operating Supplies Youth Programs Admin 66 Operating Supplies Park Maintenance 65 Computers IT Operating 64 Operating Supplies Police Sworn 63 Operating Supplies Fire 62 Operating Supplies Youth Programs Admin 57 Software/Hardware Maint.IT Operating 56 Operating Supplies Fire 56 Operating Supplies Arts Center 56 Operating Supplies Arts Center 55 Process Control Equipment IT Operating 52 Operating Supplies Staring Lake Concert 52 Operating Supplies Tennis 51 Operating Supplies Tree Disease 50 Operating Supplies IT Operating 50 Miscellaneous Volunteers 50 Deposits General Fund 48 Office Supplies Police Sworn 47 Operating Supplies Fire 46 Capital Under $25,000 Staring Lake Concert 46 Operating Supplies Tennis 45 Operating Supplies Arts Center 44 Office Supplies Police Sworn 44 Operating Supplies Outdoor Center 42 Equipment Parts Fleet Operating 41 Operating Supplies Fire 39 Repair & Maint. Supplies City Hall (City Cost) 39 Operating Supplies Youth Programs Admin 37 Operating Supplies Police Sworn 37 Operating Supplies Fitness Classes 36 Deposits General Fund 36 Operating Supplies Pool Operations 36 Operating Supplies Police Sworn Amount Account Description Business Unit35Operating Supplies Police Sworn 35 Operating Supplies Riley Lake Beach 34 Repair & Maint. Supplies Ice Arena Maintenance 34 Operating Supplies Lesson Skills Development 33 Repair & Maint. Supplies Facilities Operating ISF 32 Operating Supplies Fitness Classes 32 Computers IT Operating 32 Operating Supplies Outdoor Center 31 Repair & Maint. Supplies Utility Operations - General 30 Operating Supplies Police Sworn 30 Computers IT Operating 29 Repair & Maint. Supplies Ice Arena Maintenance 29 Operating Supplies Arts Center 29 Conference/Training IT Operating 29 Operating Supplies Fitness Admin. 29 Operating Supplies Riley Lake Beach 27 Operating Supplies Community Center Admin 26 Operating Supplies Tennis 26 Operating Supplies Arts Center 25 Office Supplies Fire 25 Operating Supplies Fitness Classes 25 Operating Supplies Park Maintenance 24 Operating Supplies Outdoor Center 23 Repair & Maint. Supplies Stormwater Collection 23 Repair & Maint. Supplies Utility Operations - General 22 Operating Supplies Youth Programs Admin 21 Operating Supplies Staring Lake Concert 20 Deposits General Fund 20 Software/Hardware Maint.IT Operating 19 Licenses, Taxes, Fees Park Maintenance 19 Software/Hardware Maint.IT Operating 19 Operating Supplies Outdoor Center 17 Small Tools Fire 17 Repair & Maint. Supplies Ice Arena Maintenance 17 Operating Supplies Staring Lake Concert 16 Deposits General Fund 16 Other Contracted Services Organizational Services 16 Office Supplies Housing and Community Service 16 Operating Supplies Outdoor Center 15 Training Supplies Police Sworn 15 Operating Supplies Round Lake Beach 15 Operating Supplies Round Lake Beach 15 Operating Supplies Arts Center 14 Operating Supplies Volunteers 14 Operating Supplies Youth Programs Admin 14 Operating Supplies Prairie View Liquor Store 14 Repair & Maint. Supplies Water Treatment 14 Operating Supplies Park Maintenance Amount Account Description Business Unit14ComputersIT Operating 12 Operating Supplies Arts Center 11 Operating Supplies Arts Center 11 Operating Supplies Park Maintenance 11 Miscellaneous Emergency Management 10 Dues & Subscriptions Tree Disease 10 Dues & Subscriptions Tree Disease 10 Operating Supplies Outdoor Center 10 Dues & Subscriptions Police Sworn 10 Operating Supplies Arts Center 10 Repair & Maint. Supplies Facilities Operating ISF 10 Operating Supplies Pool Operations 10 Training Supplies Utility Operations - General 9 Operating Supplies Police Sworn 8 Mileage & Parking Tree Disease 8 Operating Supplies Arts Center 6 Employee Award Organizational Services 6 Repair & Maint. Supplies City Hall (City Cost) 6 Operating Supplies Arts Center 6 Mileage & Parking Tree Disease 5 Operating Supplies Pool Operations 5 Licenses, Taxes, Fees Fleet Operating 4 Dues & Subscriptions Police Sworn 3 Bank and Service Charges Customer Service 2 Operating Supplies Park Maintenance 1 Operating Supplies Den Road Liquor Store 1 Operating Supplies Park Maintenance -8 Computers IT Operating -12 Computers IT Operating -23 Computers IT Operating -43 Deposits General Fund -53 Training Supplies Police Sworn -80 Reimbursement Fire -167 Operating Supplies Riley Lake -200 Conference/Training Assessing -205 Tuition Reimbursement/School Police Sworn -242 Conference/Training Assessing -242 Conference/Training Assessing -359 Building Repair & Maint.Utility Operations - General -409 Building Materials Capital Outlay Parks -795 Tuition Reimbursement/School Police Sworn -1,550 Conference/Training Human Resources 62,404 Report Total CITY COUNCIL AGENDA SECTION: Appointments DATE: August 18, 2020 DEPARTMENT/DIVISION: Office of the City Manager ITEM DESCRIPTION: Appointment to the Eden Prairie Community Foundation Board ITEM NO.: XIII.A. Requested Action Move to: Approve appointment of ___________ to the Eden Prairie Community Foundation Board. Synopsis Mayor Case resigned from the Eden Prairie Community Foundation Board. The City Council is now required to appoint another Council member to fill Mayor Case’s term.