HomeMy WebLinkAboutCity Council - 08/17/2021
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, AUGUST 17, 2021 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS
6:30 – 7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, 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. DEVELOPMENT SITES
II. HOUSING ASSISTANCE UPDATES
Open Podium - Council Chamber (6:30)
III. OPEN PODIUM
IV. ADJOURNMENT
POTENTIAL DEVELOPMENT SITES
PLANNING DIVISION –8/17/2021
PURPOSE AND DISCUSSION OUTLINE
Raise awareness of potential development opportunities in the short and long term
Categories of Discussion:
Discuss properties with current development applications
Highlight properties which staff is actively engaged in conversations and anticipates development
applications in the short term
Review properties throughout Eden Prairie that have been identified as having development
potential or staff receives inquiries about
CURRENT DEVELOPMENT APPLICATIONS
CURRENT APPLICATIONS
Pioneer Preserve (3.66 acres)
9955 Pioneer Trail
Zoned Rural, requesting rezone to RM for
8 townhome units
Guided Medium Density Residential
Holiday Station and Auto Care World (3.96 acres)
NW Corner of Hennepin Town Road & Pioneer
Trail
Zoned Neighborhood Commercial
Guided Commercial
CURRENT APPLICATIONS
The Ellie (5.7 acres)
16217-16316 Lincoln Lane
Zoned R1-22 and I-2, requesting rezone
to RM 2.5
Guided Low Density Residential and
Industrial Flex Tech
Johnson Ridge (2.1 acres)
9995 Bennett Place
Zoned R1-22, requesting rezone to R1-9.5
Guided Low Density Residential
PROPERTIES WITH ANTICIPATED APPLICATIONS
PROPERTIES THAT ARE INVOLVED IN ACTIVE CONVERSATIONS WITH STAFF
ANTICIPATED APPLICATIONS
Eagle Ridge/Greco (15 acres)
6901 Flying Cloud Drive (intersection with W
70th Street)
Zoned I-2
Guided TOD
Shutterfly (13.6 acres)
11000 Viking Drive
Zoned and Guided Office
ANTICIPATED APPLICATIONS
Menards Site (7 acres)
12600 Plaza Drive
Zoned Rural
Guided Office
7544 Market Place Drive (1.6
acres)
Zoned Office
Guided Regional Commercial
ANTICIPATED APPLICATIONS
13905 Chestnut Drive Subdivision (5.7 acres)
Zoned RM-2.5
Guided Medium High Density Residential
POTENTIAL DEVELOPMENT PROPERTIES
IDENTIFIED AS INFILL PROPERTIES IN ASPIRE 2040, PRIME FOR REDEVELOPMENT, POTENTIAL TO
SUBDIVIDE, ETC.
POTENTIAL DEVELOPMENT PROPERTIES
Marshall Farm Stand (3.5 acres)
North of Pioneer Trail
Zoned Rural
Guided Low Density Residential
Eden Heights East (1.3 acres)
South of Pioneer Trail
Zoned R1-22
Guided Low Density Residential
POTENTIAL DEVELOPMENT PROPERTIES
9614 Crestwood Terrace (4.7 acres)
Zoned Rural
Guided Low Density Residential
POTENTIAL DEVELOPMENT PROPERTIES
Dvorak Farm (5.8 acres)
6745 and 6685 Flying Cloud Drive
Zoned I-5
Guided Industrial Flex Tech
The Enblom properties (5.4 acres)
10610 Valley View Road
Zoned Rural
Guided Industrial Flex Tech
Winter Park (14.5
acres)
9520 Viking Drive
Zoned I-2 and Office
Guided Office
POTENTIAL DEVELOPMENT PROPERTIES
Super Valu Site (107 acres)
11840 Valley View Road
Zoned Office and Rural
Guided Office and Medium High
Density Residential
POTENTIAL DEVELOPMENT PROPERTIES
6216 Baker Road (3.8 acres)
Zoned and Guided Office
6385 Old Shady Oak Road (6.1 acres)
Zoned Office
Guided Industrial Flex Tech
POTENTIAL DEVELOPMENT PROPERTIES
John Lassen properties (9 acres)
7025 Baker Road
Zoned Rural
Guided Medium Density Residential
Life Church properties (8 acres)
13901 St. Andrew Drive and 14100 Valley
View Road
Zoned and Guided Public
POTENTIAL DEVELOPMENT PROPERTIES
MnDOT/Venture Lane Property (approx. 5.8 acres)
Not platted/zoned
Guided Mixed Use
Martin Property
6585 Eden Prairie Road (4.9 acres)
Zoned R1-22
Guided Low Density Residential
POTENTIAL DEVELOPMENT PROPERTIES
Gerald Moot Property
6591 168th Street W (6.4 acres)
Zoned Rural
Guided Low Density Residential
Former Pauley Property
17450 78th St W (4.3 acres)
Zoned R1-22
Guided Low Density Residential
POTENTIAL DEVELOPMENT PROPERTIES
7924 Eden Prairie Road (0.6 acres)
Zoned R1-13.5
Guided Low Density Residential
Huber Funeral Home
16394 Glory Lane
Zoned I-2
Guided Commercial
POTENTIAL DEVELOPMENT PROPERTIES
The Seifert property
8390 Hiawatha Ave (11.2 acres)
Zoned Rural
Guided Low Density Residential
9500 Flying Cloud Drive
(3.44 acres)
Zoned Rural
Guided Low Density Residential
POTENTIAL DEVELOPMENT PROPERTIES
Vacant Property (0.9 acres)
9051 Flying Cloud Drive (2.22 acres)
9061 Flying Cloud Drive (2.3 acres)
9125 Flying Cloud Drive (2 acres)
All Zoned I-2
All Guided for Medium Density Residential
POTENTIAL DEVELOPMENT
Marshall Farm
9905 Dell Road (30.5 acres)
Zoned Rural
Guided Low Density Residential
17305 and 17325 Pioneer Trail (5.7 acres total)
Both Zoned Rural
Both Guided Medium Density Residential
POTENTIAL DEVELOPMENT PROPERTIES
Hennepin County Property
8928 Preserve Blvd (0.69 acres)
Zoned RM-6.5
Guided Medium Density Residential
Kurt Johnson Property
11111 Anderson Lakes Pkwy (2.2
acres)
Zoned R1-22
Guided Medium High Density Residential
Vacant Property
Hennepin Town Road (1 acre)
Zoned Office
Guided Commercial
POTENTIAL DEVELOPMENT PROPERTIES
Mill Creek Property (1.6 acres)
Zoned RM-6.5
Guided Medium Density Residential
10720 Hennepin Town Road (4 acres)
Zoned Rural
Guided Low Density Residential
Saunders Properties (58 acres)
Zoned Rural
Guided Low Density Residential and
Parks/Open Space
POTENTIAL DEVELOPMENT PROPERTIES
9900 Spring Road (1.5 acres)
Zoned Rural
Guided Low Density Residential
Kline Property: 9700 Eden
Prairie Road (4.8 acres)
Pemtom Property: 9740 Eden
Prairie Road (1.7 acres)
Bunn Property: 9850 Eden
Prairie Road (0.9 acres)
All Zoned Rural
All Guided Low Density
Residential
POTENTIAL DEVELOPMENT PROPERTIES
Properties west of Reeder Ridge
16870 (5.1 acres), 17020 (4.2 acres), 17170 (5.4
acres), 17135 (5 acres) Beverly Drive
All Zoned Rural
All Guided Low Density Residential
POTENTIAL DEVELOPMENT PROPERTIES
10001 (6.1 acre), 10003 (7 acres), 10005 (5.5
acres), 10011 (12.9 acres) Dell Road
All Zoned Rural
All Guided Low Density Residential above MUSA line
and Rural MUSA line
POTENTIAL DEVELOPMENT PROPERTIES
18011 Pioneer Trail (1 acre)
Zoned Rural
Guided Low Density Residential
Ingram Property
18900 Pioneer Trail (5.9 acres)
Zoned Rural
Guided Low Density Residential
POTENTIAL DEVELOPMENT PROPERTIES
18392 and 19108 Twilight Trail
Both just over 1 acre
Zoned R1-13.5
Guided Low Density Residential
THANK YOU!
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, AUGUST 17, 2021 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community
Development Director 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
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, JULY 13, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, JULY 13, 2021
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. ADOPT RESOLUTION APPROVING FINAL PLAT OF NOBLE HILL
C. APPROVE USE OF $46,730.94 CDBG-CV CARES ACT FUNDS FOR PROP
D. APPROVE USE OF $25,500 CDBG-CV CARES ACT FUNDS FOR PROP
SHOP
E. APPROVE AGREEMENT WITH CITY OF BLOOMINGTON FOR
ANIMAL IMPOUND SERVICES
F. APPROVE CHANGES TO EDEN PRAIRIE FIREFIGHTER RELIEF
ASSOCIATION (EPFRA) BYLAWS
CITY COUNCIL AGENDA
August 17, 2021
Page 2
G. AUTHORIZE LEASE AGREEMENT WITH EDEN PRARIE SCHOOL
DISTRICT FOR USE OF LOCKER ROOM SPACE AT COMMUNITY
CENTER
H. APPROVE SUB-GRANT AGREEMENT WITH TP PARAVEL INVESTOR
LLC FOR $885,000 MET COUNCIL LCDA GRANT FOR PARAVEL
PROJECT
I. APPROVE COAL TAR SEALANT TOLLING AGREEMENT
J. ADOPT RESOLUTION AWARDING CONTRACT TO KRAEMER NORTH
AMERICA, LLC FOR DUCK LAKE ROAD RECONSTRUCTION
PROJECT
K. APPROVE AGREEMENT WITH BOLTON & MENK FOR
CONSTRUCTION SERVICES FOR DUCK LAKE ROAD
RECONSTRUCTION PROJECT
L. APPROVE AGREEMENT WITH AET FOR MATERIALS TESTING FOR
DUCK LAKE ROAD RECONSTRUCTION PROJECT
M. APPROVE CD3 SYSTEM SERVICES AND SOFTWARE LICENSE
AGREEMENT WITH CD3, GENERAL BENEFIT CORPORATION FOR
CLEANING STATION AT LAKE RILEY BOAT LANDING
N. AWARD CONTRACT TO PARROT CONTRACTING INC. FOR OLD
SHADY OAK ROAD CULVERT IMPROVEMENTS
O. APPROVE AGREEMENT WITH STANTEC CONSULTING SERVICES
INC. FOR 2021 POND DREDGING PROJECTS
IX. PUBLIC HEARINGS / MEETINGS
A. HOLIDAY CONVENIENCE STORE & AUTO CARE WORLD SERVICE
CENTER by R.J. Ryan Construction. Resolution for Planned Unit Development
Concept Review on 3.96 acres; First Reading of Ordinance for Planned Unit
District Review with waivers on 3.96 acres; Resolution for Preliminary Plat on
3.96 acres (Resolution for PUD Concept Review, Ordinance for PUD District
Review, Resolution for Preliminary Plat)
B. ASIAN PLAZA by Xing Zhao. Resolution for Planned Unit Development
Concept Review on 4.68 acres; First Reading of Ordinance for Planned Unit
District with waivers on 4.68 acres (Resolution for PUD Concept Review,
Ordinance for PUD District Review)
CITY COUNCIL AGENDA
August 17, 2021
Page 3
C. BURGER KING by Cave Enterprises Operations, LLC. Resolution for Planned
Unit Development Concept Review on 1.34 acres; First Reading of Ordinance for
Planned Unit District with waivers on 1.34 acres (Resolution for PUD Concept
Review, Ordinance for PUD District Review)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. INCLUSIONARY HOUSING (First Reading of Ordinance; Resolution)
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: August 13, 2021
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, August 17, 2021
___________________________________________________________________________________________
TUESDAY, AUGUST 17, 2021 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. HRA MEETING HRA I. ROLL CALL / CALL THE HRA MEETING TO ORDER HRA II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 1, 2020 MOTION: Move to approve the HRA minutes from December 1, 2020.
HRA III. ADOPT RESOLUTION APPROVING MODIFICATION OF TAX
INCREMENT FINANCING PLAN FOR TIF DISTRICT NO. 24 — PARAVEL MOTION: Move to:
Adopt Resolution Adopting Modification of the Tax Increment
Financing Plan for Tax Increment Financing District No. 24 –
Paravel;
Approve and authorize execution of Amended and Restated
Tax Increment Development Agreement for Paravel;
ANNOTATED AGENDA August 17, 2021
Page 2
Approve and authorize Assessment Agreement for Paravel.
HRA IV. ADJOURNMENT MOTION: Move to adjourn the HRA meeting.
COUNCIL MEETING
IV. PROCLAMATIONS / PRESENTATIONS
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 13, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, JULY 13, 2021
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-O on the Consent Calendar.
A. CLERK’S LICENSE LIST
B. ADOPT RESOLUTION APPROVING FINAL PLAT OF NOBLE HILL
C. APPROVE USE OF $46,730.94 CDBG-CV CARES ACT FUNDS FOR PROP
D. APPROVE USE OF $25,500 CDBG-CV CARES ACT FUNDS FOR PROP
SHOP
E. APPROVE AGREEMENT WITH CITY OF BLOOMINGTON FOR ANIMAL IMPOUND SERVICES
F. APPROVE CHANGES TO EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION (EPFRA) BYLAWS
G. AUTHORIZE LEASE AGREEMENT WITH EDEN PRARIE SCHOOL
DISTRICT FOR USE OF LOCKER ROOM SPACE AT COMMUNITY CENTER
ANNOTATED AGENDA August 17, 2021
Page 3
H. APPROVE SUB-GRANT AGREEMENT WITH TP PARAVEL INVESTOR LLC FOR $885,000 MET COUNCIL LCDA GRANT FOR PARAVEL PROJECT
I. APPROVE COAL TAR SEALANT TOLLING AGREEMENT
J. ADOPT RESOLUTION AWARDING CONTRACT TO KRAEMER NORTH
AMERICA, LLC FOR DUCK LAKE ROAD RECONSTRUCTION PROJECT
K. APPROVE AGREEMENT WITH BOLTON & MENK FOR CONSTRUCTION SERVICES FOR DUCK LAKE ROAD RECONSTRUCTION PROJECT
L. APPROVE AGREEMENT WITH AET FOR MATERIALS TESTING FOR DUCK LAKE ROAD RECONSTRUCTION PROJECT
M. APPROVE CD3 SYSTEM SERVICES AND SOFTWARE LICENSE AGREEMENT WITH CD3, GENERAL BENEFIT CORPORATION FOR CLEANING STATION AT LAKE RILEY BOAT LANDING
N. AWARD CONTRACT TO PARROT CONTRACTING INC. FOR OLD SHADY OAK ROAD CULVERT IMPROVEMENTS
O. APPROVE AGREEMENT WITH STANTEC CONSULTING SERVICES
INC. FOR 2021 POND DREDGING PROJECTS
IX. PUBLIC HEARINGS / MEETINGS
A. HOLIDAY CONVENIENCE STORE & AUTO CARE WORLD SERVICE CENTER by R.J. Ryan Construction. Resolution for Planned Unit Development Concept Review on 3.96 acres; First Reading of Ordinance for Planned Unit
District Review with waivers on 3.96 acres; Resolution for Preliminary Plat on
3.96 acres (Resolution for PUD Concept Review, Ordinance for PUD District Review, Resolution for Preliminary Plat) Synopsis: The applicant is requesting approval to construct a 5,200 square foot
gas station/convenience store with a car wash and an 11,280 square foot auto
repair facility on the property located in the NW corner of the intersection of Pioneer Trail and Hennepin Town Road. The 3.96-acre property is relatively flat but steeply rises nearly 15 feet along the west side. There are wooded areas along the west and south sides of the property. The property is currently vacant except
for a portion of the parking lot for the adjacent multi-tenant commercial building
that is located on the property. The property is bound by Pioneer Trail on the south, Hennepin Town Road on the east, Breezy Way (private street) on the north and Bridgehill Terrace (private street) on the west. Adjacent land uses include
ANNOTATED AGENDA August 17, 2021
Page 4 residential, open space, and commercial. The proposed gas station/convenience store is located on the south end of the property and the auto repair facility is located on the north end of the property. The proposal includes one driveway
access from Hennepin Town Road and one driveway access from Breezy Way. The plan includes a common drive that provides a connection between uses. The building articulation and materials comply with code requirements. Official notice of this public hearing was published in the August 5, 2021, Sun
Sailor and sent to 137 property owners. The Planning Commission voted 8-0 to recommend denial of the project at the June 14, 2021 meeting. MOTION: Option 1 Move to:
Close the Public Hearing; and
Adopt a Resolution for a Planned Unit Development Concept Review on 3.96 acres
Approve the First Reading of a Planned Unit Development District Review with waivers on 3.96 acres
Adopt a Resolution for a Preliminary Plat of 2 lots on 3.96 acres
Direct Staff to prepare a Development Agreement incorporating
Staff and Commission recommendations and Council
conditions
Option 2 Move to:
Close the Public Hearing; and
Direct Staff to Prepare Findings for Denial of the PUD Concept Review, the PUD District Review with waivers, the Preliminary Plat and the Site Plan.
B. ASIAN PLAZA by Xing Zhao. Resolution for Planned Unit Development Concept Review on 4.68 acres; First Reading of Ordinance for Planned Unit District with waivers on 4.68 acres (Resolution for PUD Concept Review,
Ordinance for PUD District Review)
Synopsis: The applicant is proposing to repurpose the former Gander Mountain property. The property would be used as a retail center with tenant spaces including retail, restaurants and offices. Specifically, the plans include a large
main level Asian grocery store with several tenant spaces and Asian themed food
services. The building currently includes a mezzanine area measuring 16,750 square feet in
ANNOTATED AGENDA August 17, 2021
Page 5 size. The applicant is proposing to expand the mezzanine area to provide an additional 15,550 square feet of floor area. This increase in floor area requires an increase in parking to be provided on site in order to comply with City Code
parking requirements. The applicant is requesting a waiver to the parking requirements to allow the additional floor area to be added without constructing additional parking stalls at this time. The applicant has completed a traffic analysis for their business which
concluded that the existing parking is sufficient to support their business need. The applicant is also proposing to utilize a shuttle service to the site for employees to help maximize parking availability for customers. In the event that the existing parking proves insufficient, the applicant has agreed to construct structured parking on site. Staff recommends that the Development Agreement
include language that allows the City the discretion to determine the timing and
the amount of structured parking that is necessary to be constructed. Similar language has been included in the approvals for other properties in commercial and industrial zones.
As part of the repurposing of the site, the applicant is also requesting approval of
a façade remodel and site improvements to reflect the new proposed uses. Official notice of this public hearing was published in the August 5, 2021, Sun
Sailor and sent to 6 property owners. The Planning Commission voted 7-0 to
recommend approval of the project at the June 28, 2021 meeting.
MOTION: Move to:
Close the Public Hearing; and
Adopt a Resolution for a Planned Unit Development Concept Review on 4.68 acres
Approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with waivers on 4.68 acres
Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council
conditions
C. BURGER KING by Cave Enterprises Operations, LLC. Resolution for Planned Unit Development Concept Review on 1.34 acres; First Reading of Ordinance for Planned Unit District with waivers on 1.34 acres (Resolution for PUD Concept
Review, Ordinance for PUD District Review)
Synopsis: The applicant is requesting approval to construct a Burger King restaurant with two (2) drive thru lanes at 16345 Terrey Pine Drive. The property is located at the corner of Eden Prairie Road and Highway 5. The property is
zoned Hwy-Commercial and is guided for commercial use. The applicant is
requesting PUD waivers. The previous use on the property was a Burger King restaurant, which is currently vacant. Adjacent uses include commercial to the
ANNOTATED AGENDA August 17, 2021
Page 6 east and south and Highway 5 to the north. The applicant is proposing to demolish the existing restaurant building to construct the new restaurant building. The proposed building is approximately 3,280 square feet.
Official notice of this public hearing was published in the August 5, 2021, Sun
Sailor and sent to 18 property owners. The Planning Commission voted 7-0 to recommend approval of the project at the June 28, 2021 meeting. MOTION: Move to:
Close the Public Hearing; and
Adopt a Resolution for a Planned Unit Development Concept Review on 1.34 acres
Approve the 1st Reading of an Ordinance for Planned Unit
Development District Review with waivers on 1.34 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 Burger King at the request of the Developer subject to the conditions outlined in the Permit.
Authorize the issuance of an early Footing and Foundation Permit for Burger King at the request of the Developer subject
to the conditions outlined in the permit
X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote).
XI. ORDINANCES AND RESOLUTIONS
A. INCLUSIONARY HOUSING (First Reading of Ordinance; Resolution) Synopsis: This action will support the integration of affordability into all
multifamily development projects, increasing socioeconomic and geographic
equity across the City. MOTION: Move to:
Approve first reading of an ordinance enacting a new City Code
Chapter 13 relating to Inclusionary Housing
Adopt City of Eden Prairie Inclusionary Housing Policy
Adopt Resolution Amending the Comprehensive Municipal Plan to add the text of the Inclusionary Housing Policy
ANNOTATED AGENDA August 17, 2021
Page 7 XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
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.
AGENDA
CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, AUGUST 17, 2021 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case,
Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Community Development Director Janet Jeremiah, City Attorney Maggie Neuville, City Planner Julie Klima, Finance Director Sue Kotchevar and
Recorder Jan Curielli
I. ROLL CALL / CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON DECEMBER 1, 2020
III. ADOPT RESOLUTION APPROVING MODIFICATION OF TAX INCREMENT FINANCING PLAN FOR TIF DISTRICT NO. 24 — PARAVEL IV. ADJOURNMENT
UNAPPROVED MINUTES
HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, DECEMBER 1, 2020 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case,
Council Members Brad Aho, Mark Freiberg, PG Narayanan, and Kathy Nelson
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, Community Development Director Janet Jeremiah, Finance Director Sue Kotchevar, City Attorney Maggie Neuville, and Council Recorder Jan
Curielli
I. ROLL CALL / CALL THE HRA MEETING TO ORDER Chair Case called the meeting to order at 7:03 PM. All HRA members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON SEPTEMBER 15, 2020 Case explained the City Council also serves as the Housing and Redevelopment Authority (HRA) for the City of Eden Prairie. MOTION: Aho moved, seconded by Narayanan, to approve the HRA minutes from September 15, 2020. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” III. ADOPT RESOLUTION HRA NO. 2020-04 CERTIFYING 2021 HRA PROPERTY TAX LEVY TO BE $200,000 AND APPROVING 2021 HRA BUDGET OF $200,000 Getschow stated the preliminary HRA levy and budget and the preliminary City levy and budget were set in September. There will be a formal presentation on the City levy
and budget later in the meeting. Eden Prairie uses the HRA levy for some of the employee services for housing and redevelopment. Once again the proposed HRA levy is $200,000 for 2020-2021. Case observed the $200,000 goes to special housing initiatives across the City. The
amount of the HRA levy and budget has not been raised in order 20 years and has a zero impact on tax increases. MOTION: Aho moved, seconded by Freiberg, to adopt Resolution HRA No. 2020-04
certifying the 2021 HRA Property Tax levy to be $200,000 and approving the 2021 HRA Budget of $200,000 as reviewed by the Council. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.”
HRA MINUTES December 1, 2020 Page 2
IV. ADOPT RESOLUTION HRA NO. 2020-05 MODIFYING THE TAX INCREMENT FINANCING PLAN FOR TIF DISTRICT NO. 23: TRAIL POINTE RIDGE, CHANGING BOUNDARY OF TIF DISTRICT TO REMOVE PARCELS NOT PART OF PROJECT Getschow observed this is a housekeeping item in regard to TIF District No. 23, Trail Pointe Ridge. When the TIF District was created there was an error in the documents which created a need to change the boundary to remove parcels that are not part of the project.
MOTION: Aho moved, seconded by Narayanan, to adopt Resolution HRA No. 2020-05 modifying the Tax Increment Financing plan for Tax Increment Financing District No. 23: Trail Pointe Ridge, changing the boundary of the TIF District to remove parcels that are not part of the Trail Pointe Ridge project. Motion was approved on a roll call vote, with Aho,
Freiberg, Narayanan, Nelson and Case voting “aye.”
V. ADJOURNMENT
MOTION: Freiberg moved, seconded by Narayanan, to adjourn the HRA meeting. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” Chair Case adjourned the meeting at 7:11 PM.
CITY COUNCIL AGENDA
SECTION: HRA
DATE
August 17, 2021
DEPARTMENT / DIVISION
Jonathan Stanley, Office of Housing & Community Services
Janet Jeremiah, Community
Development
ITEM DESCRIPTION
Approve Modification of the Tax Increment Financing Plan for TIF District No. 24 - Paravel
ITEM NO.
III.
Requested Action Move to:
• Adopt Resolution Adopting Modification of the Tax Increment Financing Plan for Tax
Increment Financing District No. 24 – Paravel;
• Approve and authorize execution of Amended and Restated Tax Increment Development Agreement for Paravel;
• Approve and authorize Assessment Agreement for Paravel.
Background TIF Plan Modification This action proposes to modify the Tax Increment Financing Plan (the “Modification”) for TIF District No. 24 (Paravel), located within Redevelopment Project Area No. 5, all pursuant to and in accordance with applicable law. In 2019, the HRA approved the Paravel TIF request with receipt of first increment to occur in 2022 and certification of the district for taxes in 2021. Due to delays in the project timeline,
the developer has requested to extend these dates by one year. The substantive modification to the TIF
Plan is a delay in receipt of first increment to 2023 and certification of the district for taxes payable in 2022. The Modification also acknowledges the recent re-platting of the property within TIF District No. 24 into a single parcel. The Modification conforms in all respects to the requirements of the Acts and will help fulfill a need to develop an area of the City which is already built up, to provide housing
opportunities, to improve the tax base and to improve the general economy of the State and thereby
serves a public purpose. Staff recommends approval.
TIF Development Agreement
The Modification to the TIF Plan requires that the TIF Development Agreement, originally approved by
the HRA on December 3, 2019, be amended to reflect the new dates for first receipt of increment and certification to taxes. The attached Amended and Restated Tax Increment Financing Agreement reflects these changes.
Section 6.9 of the amended agreement also provides for the future assignment of the agreement to TP KPI
Paravel Property, LLC, a new entity that will be formed to hold title to the Property. The assignment is expected to take place later in 2021. The principals of Timberland Partners (the parent company of current developer Paravel Property, LLC) will retain managerial control over the Project. Staff has reviewed the
details of the proposed assignment and recommends approval. The amended agreement authorizes the
HRA’s Chair and Executive Director to execute future documents necessary to reflect the assignment after
review and approval of the Community Development Director and the City Attorney. Assessment Agreement
The final document being presented for HRA approval is a minimum assessment agreement whereby
Developer agrees not to seek a reduction in market value for the Property for the life of the TIF District. This assessment agreement is required by the Amended and Restated TIF Agreement and is authorized by statute. The City and developer have agreed, and the City Assessor has certified, a minimum market value for the Property of $73,800,000.
Attachments
• Modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 24 –
Paravel (prepared by Ehlers)
• HRA Resolution Adopting Modification of the Tax Increment Financing Plan for Tax Increment
Financing District No. 24 – Paravel
• Amended and Restated Tax Increment Financing Development Agreement
• Assessment Agreement
MODIFICATION OF THE TAX INCREMENT
FINANCING PLAN
Tax Increment Financing District No. 24 - Paravel
(a housing district)
Eden Prairie Housing and Redevelopment Authority City of Eden Prairie, Hennepin County, Minnesota
Adopted: September 17, 2019 Modification #1: August 17, 2021
Eden Prairie Housing and Redevelopment Authority Modification of Tax Increment Financing District No. 24 - Paravel 2
Table of Contents
Modification to the Tax Increment Financing Plan for Tax Increment Financing Distrcit No. 24 - Paravel ...................................................................................................................................... 3
Foreword ................................................................................................................................ 3
Statement of Objectives ......................................................................................................... 3
Description of Property in the District and Property to be Acquired......................................... 3
Duration and First Year of Tax Increment of the District ......................................................... 3
Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements ..................................................................... 4
Appendix A: TIF Plan as adopted September 17, 2019 .......................................................... 5
Eden Prairie Housing and Redevelopment Authority Modification of Tax Increment Financing District No. 24 - Paravel 3
Foreword
The Housing and Redevelopment Authority in and for the City of Eden Prairie (the “HRA”), staff and consultants have prepared the following information to expedite the modification of the Tax
Increment Financing Plan for Tax Increment Financing District No. 24: Paravel (the "District"), a housing tax increment financing district, located in Redevelopment Project Area No. 5.
Statement of Objectives
As Modified August 17, 2021 The District was created to facilitate the development of 246 units of rental housing, of which 50 units (20%) will be affordable to households at or below 50% of the area median income. The HRA entered into an agreement with Paravel Properties, LLC as the developer of the project. Development was delayed and is now anticipated to begin in 2021. This TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for Redevelopment Project Area No. 5.
The activities contemplated in the Modification of the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the District and Redevelopment Project Area No. 5.
Description of Property in the District and Property to be Acquired As Modified August 17, 2021 As anticipated in the original TIF plan on September 17, 2019, the parcels within the district were re-platted. The district now includes one parcel as identified in the table below.
Duration and First Year of Tax Increment of the District As Modified August 17, 2021
Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration and first year of tax increment of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1b., the duration of the District will be 25 years after receipt of the
first increment by the City (a total of 26 years of tax increment). The HRA and City elect to receive the first tax increment in 2023, which is no later than four years following the year of approval of the District.
Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2049, or when the TIF Plan is satisfied. The HRA and City reserve the right to decertify the District prior to the legally required date.
Parcel number Address Owner
14-116-22-32-0322 625 Prairie Center Dr. Paravel Property, LLC
Eden Prairie Housing and Redevelopment Authority Modification of Tax Increment Financing District No. 24 - Paravel 4
Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements
As Modified August 17, 2021
Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2021 for taxes payable 2022.
Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2023) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured, and no tax increment will be payable to the HRA or City.
The original local tax rate for the District will be the local tax rate for taxes payable 2022, assuming the request for certification is made before June 30, 2022.
Eden Prairie Housing and Redevelopment Authority Modification of Tax Increment Financing District No. 24 - Paravel 5
Appendix A: TIF Plan as adopted September 17, 2019
MODIFICATION TO THE REDEVELOPMENT
PLAN
Redevelopment Project Area No. 5
- AND -
TAX INCREMENT FINANCING PLAN
Establishment of Tax Increment Financing District No. 24 -
Paravel
(a housing district)
Eden Prairie Housing and Redevelopment Authority City of Eden Prairie, Hennepin County, Minnesota Public Hearing: September 17, 2019
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 2
Table of Contents
Modification to the Redevelopment Plan for Redevelopment Project Area No. 5 ........................ 3
Foreword ................................................................................................................................ 3
Boundaries of Project Area No. 5 ........................................................................................... 3
Tax Increment Financing Plan for Tax Increment Financing District No. 24 - Paravel................. 4
Foreword ................................................................................................................................ 4
Statutory Authority .................................................................................................................. 4
Statement of Objectives ......................................................................................................... 4
Redevelopment Plan Overview .............................................................................................. 4
Pursuant to the Redevleopment Plan and authorizing state statutes, the HRA and City are authorized to undertake the following activities in the District: ................................................ 4
Description of Property in the District and Property to be Acquired......................................... 5
Classification of the District .................................................................................................... 6
Duration and First Year of Tax Increment of the District ......................................................... 7
Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements ..................................................................... 7
Sources of Revenue/Bonds to be Issued ............................................................................... 8
Uses of Funds ........................................................................................................................ 9
Estimated Impact on Other Taxing Jurisdictions ....................................................................10
Supporting Documentation ....................................................................................................11
Administration of the District ..................................................................................................12
Appendix A: Map of Redevelopment Project Area No. 5 and the TIF District .........................13
Appendix B: Estimated Cash Flow for the District ..................................................................14
Appendix C: Findings Including But For Qualifications ..........................................................15
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 3
Modification to the Redevelopment Plan for
Redevelopment Project Area No. 5
Foreword
The following text represents a Modification to the Redevelopment Plan for Redevelopment Project Area No. 5. This modification represents a continuation of the goals and objectives set
forth in the Redevelopment Plan for Redevelopment Project Area No. 5. Generally, the substantive changes include the establishment of Tax Increment Financing District No. 24 - Paravel. For further information, a review of the Redevelopment Plan for Redevelopment Project Area No. 5 is recommended. It is available from the Community Development Director at the City of Eden
Prairie. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Redevelopment Project Area No. 5.
Boundaries of Project Area No. 5
The boundaries of Redevelopment Project Area No. 5 are being expanded to be coterminous
with the coterminous with the City of Eden Prairie’s corporate boundaries.
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 4
Tax Increment Financing Plan for Tax Increment
Financing District No. 24 - Paravel
Foreword
The Housing and Redevelopment Authority in and for the City of Eden Prairie (the “HRA”), the City of Eden Prairie (the "City") staff and consultants have prepared the following information to
expedite the establishment of Tax Increment Financing District No. 24 - Paravel (the "District"), a housing tax increment financing district, located in Redevelopment Project Area No. 5.
Statutory Authority
Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the HRA and the City have certain statutory powers pursuant to Minnesota Statutes ("M.S."), Sections 469.124 to 469.134, inclusive, as amended, and M.S., Sections 469.174 to 469.1794, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing public costs related to this project.
This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Redevelopment Plan for Redevelopment Project Area No. 5.
Statement of Objectives
The District currently consists of portions of two parcels of land (identified by 27 parcel numbers) and adjacent and internal rights-of-way. The District is being created to facilitate the development of 246 units of rental housing, of which 50 units (20%) will be affordable to households at or below 50% of the area median income. The HRA anticipates entering into an agreement with Timberland Partners, Inc. as the developer of the project. Development is anticipated to begin in 2020. This TIF Plan is expected to achieve many of the objectives outlined in the Redeveloment Plan for Redevelopment Project Area No. 5. The activities contemplated in the Modification to the Redeveloment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Redevelopment Project Area No. 5 and the
District.
Redevelopment Plan Overview
Pursuant to the Redevleopment Plan and authorizing state statutes, the HRA and City are
authorized to undertake the following activities in the District: 1. Property to be Acquired - Selected property located within the District may be acquired by the HRA and City and is further described in this TIF Plan. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws.
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 5
3. Upon approval of a developer's plan relating to the project and completion of the
necessary legal requirements, the HRA or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer.
4. The HRA or City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work
within the District. Description of Property in the District and Property to be Acquired
Upon certification, the District will have the boundaries outlined in the map in Appendix A plus
adjacent rights-of-way and abutting roadways. The parcel shown in the map is comprised of portions of two larger parcels currently occupied by multifamily housing and a vacant and largely undevelopable outlot occupied by wetlands. These two larger parcels are identified by the following 27 parcel numbers. The property is currently being re-platted as Outlot 1, Castle Ridge 3rd Addition. Prior to construction of the project and certification of the District, The parcel will be re-platted and the new legal description will be Lot 1, Block 1, Castle Ridge 4th Addition.
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 6
The HRA or City may acquire any parcel within the District including interior and adjacent street rights of way. Any properties identified for acquisition will be acquired by the HRA or City only in order to accomplish one or more of the following: storm sewer improvements; provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. The HRA or City may acquire property by gift, dedication, condemnation or direct purchase from willing
sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Classification of the District
The HRA and City, in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a housing district pursuant to M.S., Section 469.174, Subd. 11 and M.S.,
Section 469.1761.
▪ The District consists of portions of two larger parcels identified by 27 parcel numbers listed
Parcel number Address Owner
1411622320066 635 Prairie Center Drive, #201 Castle Ridge Apts
1411622320078 635 Prairie Center Drive, #213 Castle Ridge Apts
1411622320083 635 Prairie Center Drive, #218 Castle Ridge Apts
1411622320093 635 Prairie Center Drive, #229 Castle Ridge Apts
1411622320125 635 Prairie Center Drive, #300 Castle Ridge Apts
1411622320195 635 Prairie Center Drive, #410 Castle Ridge Apts
1411622320207 635 Prairie Center Drive, #423 Castle Ridge Apts
1411622320249 635 Prairie Center Drive, #G5 Castle Ridge Apts
1411622320272 635 Prairie Center Drive, #28 Castle Ridge Apts
1411622320273 635 Prairie Center Drive, #500 Castle Ridge Apts
1411622320279 635 Prairie Center Drive, #226 Castle Ridge Apts
1411622320280 635 Prairie Center Drive, #312 Castle Ridge Apts
1411622320285 635 Prairie Center Drive, #314 Castle Ridge Apts
1411622320286 635 Prairie Center Drive, #224 Castle Ridge Apts
1411622320289 635 Prairie Center Drive, #222 Castle Ridge Apts
1411622320290 635 Prairie Center Drive, #305 Castle Ridge Apts
1411622320292 635 Prairie Center Drive, #408 Castle Ridge Apts
1411622320293 635 Prairie Center Drive, #412 Castle Ridge Apts
1411622320295 635 Prairie Center Drive, #427 Castle Ridge Apts
1411622320299 635 Prairie Center Drive, #150 Castle Ridge Apts
1411622320306 635 Prairie Center Drive, #159 Castle Ridge Apts
1411622320307 635 Prairie Center Drive Castle Ridge Apts
1411622320310 Unassigned Castle Ridge Apts
1411622320311 Unassigned Castle Ridge Apts
1411622320312 Unassigned Castle Ridge Apts
1411622320313 Unassigned Castle Ridge Apts
1411622320319 Unassigned Presbyterian Homes
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 7
above.
▪ The development will consist of 246 units of multi-family rental housing
▪ 20% of the units will be occupied by person with incomes less than 50% of median income
▪ There is no planned commercial area in the property, so it meets the requirement that no more than 20 percent of the square footage of the building that is receiving assistance from tax increment consists of commercial, retail or other non-residential uses. Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions of M.S., Sections 273.111, 273.112, or 273.114 or
Chapter 473H for taxes payable in any of the five calendar years before the filing of the request
for certification of the District. Duration and First Year of Tax Increment of the District
Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration and first
year of tax increment of the District must be indicated within the TIF Plan. Pursuant to M.S.,
Section 469.176, Subd. 1b., the duration of the District will be 25 years after receipt of the first increment by the City (a total of 26 years of tax increment). The HRA and City elect to receive the first tax increment in 2022, which is no later than four years following the year of approval of the District. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2047, or when the TIF Plan is satisfied. The HRA
and City reserve the right to decertify the District prior to the legally required date. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax
Capacity Value/Increment and Notification of Prior Planned
Improvements Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2019 for taxes payable 2020. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year
(beginning in the payment year 2021) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured, and no tax increment will be payable to the HRA or City. The original local tax rate for the District will be the local tax rate for taxes payable 2020, assuming
the request for certification is made before June 30, 2020. The ONTC and the Original Local Tax
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 8
Rate for the District appear in the table below.
Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Redevelopment Project Area No. 5, upon completion of the projects within the District, will annually approximate tax increment
revenues as shown in the table below. The HRA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2022. The Project Tax Capacity (PTC) listed is an estimate of values when
the projects within the District are completed.
Note: Tax capacity includes a 3.0% inflation factor for the duration of the District. The tax capacity included in this chart is the estimated tax capacity of the District in year 25. The tax capacity of the District in year one is estimated to be $572,931. Pursuant to M.S., Section 469.177, Subd. 4, the HRA and City shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S., Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S.,
Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City has reviewed the area to be included in the District and determined no building permits have been issued during the 18 months immediately preceding approval of the TIF Plan by the City. Sources of Revenue/Bonds to be Issued
The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA and City reserve the right to incur bonds or other indebtedness as a result of the TIF Plan. As presently proposed, the project within the District will be financed by a pay-as-you-go note and interfund loan. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The total estimated tax increment revenues for the District are shown in the table below:
Project estimated Tax Capacity upon completion $1,552,867
Original estimated Net Tax Capacity $53,858
Fiscal Disparities $0
Estimated Captured Tax Capacity $1,499,009
Original Local Tax Rate 105.0610%Pay 2019
Estimated Annual Tax Increment $1,574,874
Percent Retainted by the City 100%
Project Tax Capacity
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 9
The HRA or City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax increments from the District in a maximum principal amount of $20,000,633. Such bonds may be in the form of pay-as-you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. Uses of Funds
Currently under consideration for the District is a proposal to facilitate 246 units of mixed income rental housing of which 50 units (20%) will be affordable to households at or below 50% of the
area median income. The HRA and City have determined that it will be necessary to provide assistance to the project for certain District costs, as described.
The HRA and City have studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain
eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table.
The total project cost, including financing costs (interest) listed in the table above does not exceed the total projected tax increments for the District as shown in the Sources of Revenue section. Fiscal Disparities Election
Pursuant to M.S., Section 469.177, Subd. 3, the City may elect one of two methods to calculate fiscal disparities. The City will choose to calculate fiscal disparities by clause b (inside the District). It is not anticipated that the District will contain commercial / industrial property. As a result, there should
SOURCES
Tax Increment 28,289,612
Interest 2,828,961
TOTAL 31,118,573
USES
Land/Building Acquisition 3,500,000
Site Improvements/Preparation 1,500,000
Affordable Housing 11,000,000
Utilities 500,000
Other Qualifying Improvements 671,672
Administrative Costs (up to 10%)2,828,961
PROJECT AND INTEREST COSTS TOTAL 20,000,633
Interest 11,117,940
PROJECT AND INTEREST COSTS TOTAL 31,118,574
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 10
be no impact on the District due to the fiscal disparities provision. Estimated Impact on Other Taxing Jurisdictions
The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However, the HR and City have determined that such development or redevelopment would not occur "but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met:
The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the Pay 2019 rate. The total net capacity for the entities listed above are based on Pay 2019 figures. The District will be certified under the Pay 2020 rates, which were unavailable at the time this TIF Plan was prepared. Pursuant to M.S. Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be generated over the life of the District is $28,289,612;
(2) Probable impact of the District on city provided services and ability to issue debt. A minimal impact of the District on police protection is expected. The proposed development of approximately 246 units is replacing a housing complex with 245 units,
so the impact additional housing and residents is minimal. The City does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or facilities.
Entity
2018/Pay 2019
Total Net Tax
Capacity
Estimated
Captured Tax
Capacity (CTC)
upon completion
Percent of CTC
to Entity Total
Hennepin County 1,817,980,868 1,499,009 0.0825%
City of Eden Prairie 112,559,846 1,499,009 1.3317%
ISD No. 272 106,312,479 1,499,009 1.4100%
Impact on Tax Base
Entity
Pay 2019
Extension
Rate
Percent of
Total CTC Potential
Taxes
Hennepin County 41.86%39.84%1,499,009 627,500
City of Eden Prairie 31.6900%30.16%1,499,009 475,036
ISD No. 272 20.7560%19.76%1,499,009 311,134
Other 10.7540%10.24%1,499,009 161,203
Total 105.0610%100.00%1,499,009 1,574,874
Impact on Tax Rates
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 11
The probable impact of the District on fire protection is not expected to be significant. Typically, new buildings generate few calls, if any, and are of superior construction.
The City does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or facilities.
The impact of the District on public infrastructure is expected to be minimal. The development is not expected to significantly impact any traffic movements in the area. The current infrastructure for sanitary sewer, storm sewer and water will be able to
handle the additional volume generated from the proposed development. Based on the development plans, there are no additional costs associated with street maintenance, sweeping, plowing, lighting and sidewalks. The development in the District is expected to contribute an estimated $1,548,570 in total sanitary sewer (SAC) and water (WAC) connection fees. This includes $611,310 in Metro SAC, $174,660 in City SAC and $762,600 in City WAC.
The probable impact of any District general obligation tax increment bonds on the ability to issue debt for general fund purposes is expected to be minimal. It is not anticipated that there will be any general obligation debt issued in relation to this project, therefore there will be no impact on the City's ability to issue future debt or on the City's debt limit. (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $5,588,936;
(4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county
levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is $11,271,846;
(5) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. No requests for additional information from the county or school district regarding the proposed development for the District have been received.
Supporting Documentation Pursuant to M.S. Section 469.175, Subd. 1 (a), clause 7 the TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in M.S. Section
469.175, Subd. 3, clause (b)(2) and the findings are required in the resolution approving the District. (i) In making said determination, reliance has been placed upon (1) a detailed analysis and underwriting of the developer’s pro forma; (2) an analysis quantifying the cost of
restricting rents on 20% of the units to be affordable to families at 50% of the median
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 12
income; (3) City staff awareness of the feasibility of redeveloping the project site within the District; and (4) City planning documents including the 2017-2020 Strategic Plan
for Housing and Economic Development: Community Development Department and Aspire Eden Prairie 2040.
(ii) A comparative analysis of estimated market value both with and without establishment of the TIF District and the use of tax increments has been performed. Such analysis is included with the cashflow in Appendix B and indicates that the increase in estimated
market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the TIF District and the use of tax increments. Administration of the District
Administration of the District will be handled by the Community Development Director.
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 13
Appendix A: Map of Redevelopment Project Area No. 5 and the TIF
District
Expanded Project Area #5 and New TIF District #24
¯0 1 2 30.5 Miles
TIF Housing District #24
S IN GLETREELN
COLUMBINE RDFLYING CLOUD
D
R
PR
A
I
R
I
E
C
E
N
T
E
R
D
R
CASTLEMOO RDRSEE INSET
¯
0 0.25 0.5Miles
Legend
TIF Housing District #24
Expanded Project Area #5 Boundary
Existing Project Area #5 Boundary
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 14
Appendix B: Estimated Cash Flow for the District
8/2/2019 Base Value Assumptions - Page 1
Paravel - No Inflation
City of Eden Prairie, MN
246 Unit Multifamily Development with 4d Taxes
ASSUMPTIONS AND RATES
DistrictType:Housing
District Name/Number:24County District #:Exempt Class Rate (Exempt)0.00%
First Year Construction or Inflation on Value 2020 Commercial Industrial Preferred Class Rate (C/I Pref.)Existing District - Specify No. Years Remaining First $150,000 1.50%Inflation Rate - Every Year:3.00%Over $150,000 2.00%Interest Rate:4.00%Commercial Industrial Class Rate (C/I)2.00%Present Value Date:1-Aug-21 Rental Housing Class Rate (Rental)1.25%
First Period Ending 1-Feb-22 Affordable Rental Housing Class Rate (Aff. Rental)
Tax Year District was Certified:Pay 2020 First $150,000 0.75%
Cashflow Assumes First Tax Increment For Development:2022 Over $150,000 0.25%Years of Tax Increment 26 Non-Homestead Residential (Non-H Res. 1 Unit)Assumes Last Year of Tax Increment 2047 First $500,000 1.00%Fiscal Disparities Election [Outside (A), Inside (B), or NA]Inside(B)Over $500,000 1.25%
Incremental or Total Fiscal Disparities Incremental Homestead Residential Class Rate (Hmstd. Res.)
Fiscal Disparities Contribution Ratio 36.8913%Pay 2019 First $500,000 1.00%Fiscal Disparities Metro-Wide Tax Rate 143.9920%Pay 2019 Over $500,000 1.25%Maximum/Frozen Local Tax Rate: 105.061%Pay 2019 Agricultural Non-Homestead 1.00%Current Local Tax Rate: (Use lesser of Current or Max.)105.061%Pay 2019
State-wide Tax Rate (Comm./Ind. only used for total taxes)42.4160%Pay 2019
Market Value Tax Rate (Used for total taxes)0.22951%Pay 2019
Building Total Percentage Tax Year Property Current Class After
Land Market Market Of Value Used Original Original Tax Original After Conversion
Map ID PID Owner Address Market Value Value Value for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap.
1411622320066 Castle Ridge 635 Prairie Ctr. Dr., #201 36,100 34,500 70,600 0%0 Pay 2020 Rental - - 1
1411622320078 Castle Ridge 635 Prairie Ctr. Dr., #213 36,100 34,500 70,600 0%0 Pay 2020 Rental - -
1411622320083 Castle Ridge 635 Prairie Ctr. Dr., #218 36,100 31,600 67,700 0%0 Pay 2020 Rental - -
1411622320093 Castle Ridge 635 Prairie Ctr. Dr., #229 36,100 31,600 67,700 0%0 Pay 2020 Rental - -
1411622320125 Castle Ridge 635 Prairie Ctr. Dr., #300 36,100 43,100 79,200 0%0 Pay 2020 Rental - -
1411622320195 Castle Ridge 635 Prairie Ctr. Dr., #410 36,100 34,500 70,600 0%0 Pay 2020 Rental - -
1411622320207 Castle Ridge 635 Prairie Ctr. Dr., #423 36,100 74,900 111,000 0%0 Pay 2020 Rental - -
1411622320249 Castle Ridge 635 Prairie Ctr. Dr., #G5 1,000 7,700 8,700 0%0 Pay 2020 Rental - -
1411622320272 Castle Ridge 635 Prairie Ctr. Dr., #28 0 0 0 0%0 Pay 2020 Rental - -
1411622320273 Castle Ridge 635 Prairie Ctr. Dr., #500 0 0 0 0%0 Pay 2020 Rental - -
1411622320279 Castle Ridge 635 Prairie Ctr. Dr., #226 36,100 56,900 93,000 0%0 Pay 2020 Rental - -
1411622320280 Castle Ridge 635 Prairie Ctr. Dr., #312 36,100 82,000 118,100 0%0 Pay 2020 Rental - -
1411622320285 Castle Ridge 635 Prairie Ctr. Dr., #314 36,100 41,200 77,300 0%0 Pay 2020 Rental - -
1411622320286 Castle Ridge 635 Prairie Ctr. Dr., #224 36,100 41,200 77,300 0%0 Pay 2020 Rental - -
1411622320289 Castle Ridge 635 Prairie Ctr. Dr., #222 36,100 49,300 85,400 0%0 Pay 2020 Rental - -
1411622320290 Castle Ridge 635 Prairie Ctr. Dr., #305 36,100 36,700 72,800 0%0 Pay 2020 Rental - -
1411622320292 Castle Ridge 635 Prairie Ctr. Dr., #408 36,100 58,700 94,800 0%0 Pay 2020 Rental - -
1411622320293 Castle Ridge 635 Prairie Ctr. Dr., #412 36,100 69,200 105,300 0%0 Pay 2020 Rental - -
1411622320295 Castle Ridge 635 Prairie Ctr. Dr., #427 36,100 83,200 119,300 0%0 Pay 2020 Rental - -
1411622320299 Castle Ridge 635 Prairie Ctr. Dr., #150 1,299,600 1,354,000 2,653,600 35%936,721 Pay 2020 Rental 11,709 Aff. Rental 7,025
1411622320306 Castle Ridge 635 Prairie Ctr. Dr., #159 1,588,400 1,652,500 3,240,900 35%1,132,176 Pay 2020 Rental 14,152 Rental 14,152
1411622320307 Castle Ridge 635 Prairie Ctr. Dr.1,444,000 1,504,200 2,948,200 35%1,028,922 Pay 2020 Rental 12,862 Rental 12,862
1411622320310 Castle Ridge Unassigned 1,119,100 1,183,100 2,302,200 0%0 Pay 2020 Rental - -
1411622320311 Castle Ridge Unassigned 1,119,100 1,310,100 2,429,200 0%0 Pay 2020 Rental - -
1411622320312 Castle Ridge Unassigned 1,335,700 1,426,800 2,762,500 0%0 Pay 2020 Rental - -
1411622320313 Castle Ridge Unassigned 61,400 412,600 474,000 0%0 Pay 2020 Rental - -
1411622320319 Presbyterian Homes Unassigned 2,114,000 2,114,000 75%1,585,500 Pay 2020 Rental 19,819 Rental 19,819
10,659,900 9,654,100 20,314,000 4,683,319 58,541 53,858Note:
1. Base values for Castle Ridge and Pres. Homes parcels are for pay 2020. Castle Ridge base value allocated to the project is based upon information received from the City Assessor.
Project will occupy approximately 75% of Pres. Homes parcel, so 75% of current assessed value for this parcel is used for the district.
2. Located in SD # 272 and WS #4
Tax Rates
BASE VALUE INFORMATION (Original Tax Capacity)
Area/
Phase
Prepared by Ehlers & Associates, Inc. - Estimates Only N:\Minnsota\Eden Prairie\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 24\TIF Runs\TIF Plan Run V2 - TIF Plan
8/2/2019 Base Value Assumptions - Page 2
Paravel - No Inflation
City of Eden Prairie, MN 246 Unit Multifamily Development with 4d Taxes
Estimated Taxable Total Taxable Property Percentage Percentage Percentage Percentage First Year
Market Value Market Value Total Market Tax Project Project Tax Completed Completed Completed Completed Full TaxesArea/Phase New Use Per Sq. Ft./Unit Per Sq. Ft./Unit Sq. Ft./Units Value Class Tax Capacity Capacity/Unit 2020 2021 2022 2023 Payable
1 Apartments 282,100 282,100 196 55,291,600 Rental 691,145 3,526 75%100%100%100%2023
1 Apartments 282,100 282,100 50 14,105,000 Aff. Rental 72,763 1,455 75%100%100%100%2023TOTAL69,396,600 763,908
Subtotal Residential 246 69,396,600 763,908 Subtotal Commercial/Ind.0 0 0
Note:
1. Market values are based upon estimates from the City Assessor.
Total Fiscal Local Local Fiscal State-wide Market
Tax Disparities Tax Property Disparities Property Value Total Taxes Per
New Use Capacity Tax Capacity Capacity Taxes Taxes Taxes Taxes Taxes Sq. Ft./Unit
Apartments 691,145 0 691,145 726,124 0 0 126,900 853,024 4,352.16Apartments72,763 0 72,763 76,445 0 0 32,372 108,817 2,176.35TOTAL763,908 0 763,908 802,569 0 0 159,272 961,841
Note: 1. Taxes and tax increment will vary significantly from year to year depending upon values, rates, state law, fiscal disparities and other factors
which cannot be predicted.
Total Property Taxes 961,841less State-wide Taxes 0
less Fiscal Disp. Adj.0less Market Value Taxes (159,272)less Base Value Taxes (56,584)Annual Gross TIF 745,985
WHAT IS EXCLUDED FROM TIF?
TAX CALCULATIONS
PROJECT INFORMATION (Project Tax Capacity)
Prepared by Ehlers & Associates, Inc. - Estimates Only N:\Minnsota\Eden Prairie\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 24\TIF Runs\TIF Plan Run V2 - TIF Plan
8/2/2019 Tax Increment Cashflow - Page 3
Paravel - No Inflation
City of Eden Prairie, MN
246 Unit Multifamily Development with 4d Taxes
TAX INCREMENT CASH FLOW
Project Original Fiscal Captured Local Annual Semi-Annual State Admin.Semi-Annual Semi-Annual PERIOD
% of Tax Tax Disparities Tax Tax Gross Tax Gross Tax Auditor at Net Tax Present ENDING Tax Payment
OTC Capacity Capacity Incremental Capacity Rate Increment Increment 0.36%10%Increment Value Yrs.Year Date
- - - - 02/01/22
100%572,931 (53,858) - 519,073 105.061%545,343 272,672 (982) (27,169) 244,521 235,026 0.5 2022 08/01/22
100%572,931 (53,858) - 519,073 105.061%545,343 272,672 (982) (27,169) 244,521 465,443 1 2022 02/01/23
100%763,908 (53,858) - 710,050 105.061%745,985 372,993 (1,343) (37,165) 334,485 774,456 1.5 2023 08/01/23
100%763,908 (53,858) - 710,050 105.061%745,985 372,993 (1,343) (37,165) 334,485 1,077,409 2 2023 02/01/24
100%786,825 (53,858) - 732,967 105.061%770,062 385,031 (1,386) (38,365) 345,281 1,384,008 2.5 2024 08/01/24
100%786,825 (53,858) - 732,967 105.061%770,062 385,031 (1,386) (38,365) 345,281 1,684,596 3 2024 02/01/25
100%810,429 (53,858) - 756,572 105.061%794,862 397,431 (1,431) (39,600) 356,400 1,988,780 3.5 2025 08/01/25
100%810,429 (53,858) - 756,572 105.061%794,862 397,431 (1,431) (39,600) 356,400 2,286,999 4 2025 02/01/26
100%834,742 (53,858) - 780,884 105.061%820,405 410,203 (1,477) (40,873) 367,853 2,588,767 4.5 2026 08/01/26
100%834,742 (53,858) - 780,884 105.061%820,405 410,203 (1,477) (40,873) 367,853 2,884,618 5 2026 02/01/27
100%859,785 (53,858) - 805,927 105.061%846,715 423,357 (1,524) (42,183) 379,650 3,183,969 5.5 2027 08/01/27
100%859,785 (53,858) - 805,927 105.061%846,715 423,357 (1,524) (42,183) 379,650 3,477,451 6 2027 02/01/28
100%885,578 (53,858) - 831,720 105.061%873,814 436,907 (1,573) (43,533) 391,801 3,774,387 6.5 2028 08/01/28
100%885,578 (53,858) - 831,720 105.061%873,814 436,907 (1,573) (43,533) 391,801 4,065,500 7 2028 02/01/29
100%912,146 (53,858) - 858,288 105.061%901,726 450,863 (1,623) (44,924) 404,316 4,360,022 7.5 2029 08/01/29
100%912,146 (53,858) - 858,288 105.061%901,726 450,863 (1,623) (44,924) 404,316 4,648,770 8 2029 02/01/30
100%939,510 (53,858) - 885,652 105.061%930,475 465,237 (1,675) (46,356) 417,206 4,940,881 8.5 2030 08/01/30
100%939,510 (53,858) - 885,652 105.061%930,475 465,237 (1,675) (46,356) 417,206 5,227,264 9 2030 02/01/31
100%967,695 (53,858) - 913,837 105.061%960,087 480,043 (1,728) (47,832) 430,484 5,516,967 9.5 2031 08/01/31
100%967,695 (53,858) - 913,837 105.061%960,087 480,043 (1,728) (47,832) 430,484 5,800,990 10 2031 02/01/32
100%996,726 (53,858) - 942,868 105.061%990,587 495,293 (1,783) (49,351) 444,159 6,088,289 10.5 2032 08/01/32
100%996,726 (53,858) - 942,868 105.061%990,587 495,293 (1,783) (49,351) 444,159 6,369,955 11 2032 02/01/33
100%1,026,628 (53,858) - 972,770 105.061%1,022,002 511,001 (1,840) (50,916) 458,245 6,654,856 11.5 2033 08/01/33
100%1,026,628 (53,858) - 972,770 105.061%1,022,002 511,001 (1,840) (50,916) 458,245 6,934,171 12 2033 02/01/34
100%1,057,427 (53,858) - 1,003,569 105.061%1,054,359 527,180 (1,898) (52,528) 472,754 7,216,679 12.5 2034 08/01/34
100%1,057,427 (53,858) - 1,003,569 105.061%1,054,359 527,180 (1,898) (52,528) 472,754 7,493,647 13 2034 02/01/35
100%1,089,149 (53,858) - 1,035,292 105.061%1,087,688 543,844 (1,958) (54,189) 487,697 7,773,768 13.5 2035 08/01/35
100%1,089,149 (53,858) - 1,035,292 105.061%1,087,688 543,844 (1,958) (54,189) 487,697 8,048,396 14 2035 02/01/36
100%1,121,824 (53,858) - 1,067,966 105.061%1,122,016 561,008 (2,020) (55,899) 503,089 8,326,137 14.5 2036 08/01/36
100%1,121,824 (53,858) - 1,067,966 105.061%1,122,016 561,008 (2,020) (55,899) 503,089 8,598,433 15 2036 02/01/37
100%1,155,479 (53,858) - 1,101,621 105.061%1,157,374 578,687 (2,083) (57,660) 518,943 8,873,801 15.5 2037 08/01/37
100%1,155,479 (53,858) - 1,101,621 105.061%1,157,374 578,687 (2,083) (57,660) 518,943 9,143,770 16 2037 02/01/38
100%1,190,143 (53,858) - 1,136,285 105.061%1,193,793 596,896 (2,149) (59,475) 535,273 9,416,774 16.5 2038 08/01/38
100%1,190,143 (53,858) - 1,136,285 105.061%1,193,793 596,896 (2,149) (59,475) 535,273 9,684,426 17 2038 02/01/39
100%1,225,847 (53,858) - 1,171,989 105.061%1,231,304 615,652 (2,216) (61,344) 552,092 9,955,074 17.5 2039 08/01/39
100%1,225,847 (53,858) - 1,171,989 105.061%1,231,304 615,652 (2,216) (61,344) 552,092 10,220,415 18 2039 02/01/40
100%1,262,623 (53,858) - 1,208,765 105.061%1,269,940 634,970 (2,286) (63,268) 569,416 10,488,717 18.5 2040 08/01/40
100%1,262,623 (53,858) - 1,208,765 105.061%1,269,940 634,970 (2,286) (63,268) 569,416 10,751,757 19 2040 02/01/41
100%1,300,501 (53,858) - 1,246,644 105.061%1,309,736 654,868 (2,358) (65,251) 587,259 11,017,722 19.5 2041 08/01/41
100%1,300,501 (53,858) - 1,246,644 105.061%1,309,736 654,868 (2,358) (65,251) 587,259 11,278,471 20 2041 02/01/42
100%1,339,516 (53,858) - 1,285,659 105.061%1,350,726 675,363 (2,431) (67,293) 605,638 11,542,108 20.5 2042 08/01/42
100%1,339,516 (53,858) - 1,285,659 105.061%1,350,726 675,363 (2,431) (67,293) 605,638 11,800,575 21 2042 02/01/43
100%1,379,702 (53,858) - 1,325,844 105.061%1,392,945 696,473 (2,507) (69,397) 624,569 12,061,895 21.5 2043 08/01/43
100%1,379,702 (53,858) - 1,325,844 105.061%1,392,945 696,473 (2,507) (69,397) 624,569 12,318,091 22 2043 02/01/44
100%1,421,093 (53,858) - 1,367,235 105.061%1,436,431 718,215 (2,586) (71,563) 644,067 12,577,105 22.5 2044 08/01/44
100%1,421,093 (53,858) - 1,367,235 105.061%1,436,431 718,215 (2,586) (71,563) 644,067 12,831,040 23 2044 02/01/45
100%1,463,726 (53,858) - 1,409,868 105.061%1,481,221 740,611 (2,666) (73,794) 664,150 13,087,759 23.5 2045 08/01/45
100%1,463,726 (53,858) - 1,409,868 105.061%1,481,221 740,611 (2,666) (73,794) 664,150 13,339,445 24 2045 02/01/46
100%1,507,638 (53,858) - 1,453,780 105.061%1,527,355 763,678 (2,749) (76,093) 684,836 13,593,880 24.5 2046 08/01/46
100%1,507,638 (53,858) - 1,453,780 105.061%1,527,355 763,678 (2,749) (76,093) 684,836 13,843,327 25 2046 02/01/47
100%1,552,867 (53,858) - 1,499,009 105.061%1,574,874 787,437 (2,835) (78,460) 706,142 14,095,491 25.5 2047 08/01/47
100%1,552,867 (53,858) - 1,499,009 105.061%1,574,874 787,437 (2,835) (78,460) 706,142 14,342,710 26 2047 02/01/48
Total 28,391,823 (102,211) (2,828,961) 25,460,651
Present Value From 08/01/2021 Present Value Rate 4.00%15,993,923 (57,578) (1,593,634) 14,342,710
Prepared by Ehlers & Associates, Inc. - Estimates Only N:\Minnsota\Eden Prairie\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 24\TIF Runs\TIF Plan Run V2 - TIF Plan
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 15
Appendix C: Findings Including But For Qualifications
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 24 - Paravel, as required pursuant to Minnesota
Statutes, Section 469.175, Subdivision 3 are as follows:
1. Finding that Tax Increment Financing District No. 24 - Paravel is a housing district as
defined in M.S., Section 469.174, Subd. 11. TIF District No. 24 - Paravel consists of a portion of 27 parcels that are being replatted as described in the TIF Plan. The development will consist of approximately 246 units of rental housing. A portion of the housing units will receive tax increment assistance and will meet income restrictions described in M.S. 469.1761. At least 20 percent of the units (50 apartments) receiving assistance will have incomes at or below 50 percent of statewide median income. Appendix E of the TIF Plan contains background for the above finding.
2. Finding that the proposed development, in the opinion of the HRA, would not reasonably
be expected to occur solely through private investment within the reasonably
foreseeable future.
The proposed development, in the opinion of the HRA, would not reasonably be
expected to occur solely through private investment within the reasonably foreseeable
future: This finding is supported by the fact that the development proposed in this plan
contains affordable housing units that meet the City's objectives for development. The cost of land acquisition, site and public improvements and construction makes this housing development infeasible without City assistance. The cost of land acquisition and construction are the same for affordable housing units as they are for market rate projects. The decreased rental income from the affordable units, means there is less cash flow available to service the operating and debt expenses for the project. This
leaves a gap in funding for the project. The amount of the gap has been verified by the City and HRA’s consultant. The need to offset this reduction in rents for the affordable units makes this housing development feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a pro forma as justification that the project would not have gone forward without tax increment assistance.
The increased market value of the site that could reasonably be expected to occur
without the use of tax increment financing would be less than the increase in market
value estimated to result from the proposed development after subtracting the present
value of the projected tax increments for the maximum duration of the TIF District
permitted by the TIF Plan: This finding is justified on the grounds that the costs of acquisition, building demolition, site improvements, utility improvements and construction of affordable housing add to the total development cost. Historically, the costs of site
and public improvements, as well as high market rate rents in the City have made development of affordable housing infeasible without tax increment assistance. Although other projects could potentially be proposed, the HRA reasonably determines that no other redevelopment of similar scope providing the desired affordability can be anticipated on this site without substantially similar assistance being provided to the development.
Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 24 - Pavel 16
3. Finding that the TIF Plan for Tax Increment Financing District No. 24 - Paravel conforms
to the general plan for the development or redevelopment of the municipality as a whole. The HRA finds that the TIF Plan conforms to the general development plan of the City.
The TIF Plan is consistent with amendments approved by the City Council to the Comprehensive Guide Plan and zoning.
4. Finding that the TIF Plan for Tax Increment Financing District No. 24 - Paravel will afford
maximum opportunity, consistent with the sound needs of the City as a whole, for the
development or redevelopment of Redevelopment Project Area No. 5 by private
enterprise. The project to be assisted by the District will result in diversified housing opportunities
and increased employment and increased tax base in the City and the State of Minnesota, and the addition of a high-quality development to the City.
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA H.R.A. RESOLUTION NO. 2021-__
RESOLUTION ADOPTING A MODIFICATION TO THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 24 – PARAVEL BE IT RESOLVED by the Board of Commissioners (the “Board”) of the Housing and
Redevelopment Authority in and for the City of Eden Prairie (the “HRA”) as follows:
Section 1. Recitals. 1.01. The HRA and the City of Eden Prairie (the “City”) established Tax Increment
Financing District No. 24: Paravel (“TIF District No. 24”) and adopted the Tax Increment
Financing Plan therefor on September 17, 2019. 1.02. The HRA proposes to modify the Tax Increment Financing Plan (the “Modification”) for TIF District No. 24, located within Redevelopment Project Area No. 5, all
pursuant to and in accordance with applicable law, including Minnesota Statutes, Sections 469.001
to 469.047 and Sections 469.174 to 469.1794, all inclusive, as amended. Generally, the substantive modification to the Tax Increment Financing Plan for TIF District No. 24 is a delay in receipt of first increment to 2023 and certification of the district for taxes payable in 2022. The Modification also acknowledges the re-platting of the property within TIF District No. 24 into one parcel.
1.03. The HRA has investigated the facts and has caused the Modification to be prepared.
1.04. The HRA has performed all actions required by law to be performed prior to the adoption of the Modification.
Section 2. Findings for the Modification.
2.01. The HRA hereby finds that the Modification is intended and, in the judgment of this HRA, the effect of such actions will be, to provide an impetus for development in the public purpose and accomplish certain objectives as specified in the Modification, which are hereby
incorporated herein.
2.02 The HRA reaffirms the findings previously made with respect to TIF District No. 24.
2.03. The Modification is not one of the modifications listed in Minn. Stat. § 469.175,
subdivision 4(b) and therefore does not require the notice, discussion, public hearing, and findings required for approval of the original plan.
2.04. The Modification conforms in all respects to the requirements of the Acts and will
help fulfill a need to develop an area of the City which is already built up, to provide housing
opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. The HRA believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer will receive only the assistance needed to make this development financially feasible. As such, any private benefits received by a
developer are incidental and do not outweigh the primary public benefits.
Section 3. Approval of the Modification; Filing. 3.01. The Modification to the TIF Plan for TIF District No. 24 is hereby approved and
shall be placed on file in the office of the Executive Director. Approval of the Modification does
not constitute approval of any project or a Development Agreement with any developer. 3.02. The staff of the HRA are authorized to file the Modification with the State Department of Revenue and the Hennepin County Auditor.
3.03. The staff of the HRA, the HRA’s advisors and legal counsel are authorized and directed to proceed with the implementation of the Modification and for this purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans, resolutions, documents, and contracts necessary for this purpose.
ADOPTED by the HRA in and for the City of Eden Prairie this 17th day of August, 2021.
_____________________________ Ronald A. Case, Chair
_______________________________ Rick Getschow, Executive Director
AMENDED AND RESTATED
TAX INCREMENT DEVELOPMENT AGREEMENT
BY AND BETWEEN
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF
EDEN PRAIRIE, MINNESOTA
AND
PARAVELPROPERTY,LLC
This document drafted by:
GREGERSON, ROSOW, JOHNSON & NILAN, LTD
100 Washington Ave. S.
Suite 1550
Minneapolis, MN 55401
ARTICLE I
Section 1.1
ARTICLE II
Section 2.1
Section 2.2
ARTICLE III
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
ARTICLE IV
Section 4.1
Section 4.2
Section 4.3
Section 4.4
Section 4.5
Section 4.6
ARTICLE V
Section 5.1
Section 5.2
Section 5.3
ARTICLE VI
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6.6
Section 6.7
Section 6.8
Section 6.9
TABLE OF CONTENTS Page
DEFINITIONS ........................................................................................... .
Definitions ............................................................................................... .
REPRESENTATIONS AND WARRANTIES ................................... .
Representations and Warranties of the HRA .......................................... .
Representations and Warranties of the Developer .................................. .
UNDERTAKINGS BY DEVELOPER AND HRA ................................ .
Project, Site Improvements and Development Property ......................... .
Limitations on Undertaking of the HRA ................................................ .
Reimbursement: TIF Note ...................................................................... .
Compliance with Low and Moderate Income Requirements ................. .
Assessment Agreement ........................................................................... .
Park Dedication Fees .............................................................................. .
EVENTS OF DEFAULT ........................................................................... .
Events of Default Defined ...................................................................... .
Remedies on Default ............................................................................... .
No Remedy Exclusive ............................................................................. .
No Implied Waiver ................................................................................. .
Agreement to Pay Attorney's Fees and Expenses ................................... .
Indemnification ofHRA ......................................................................... .
DEVELOPER'S OPTION TO TERMINATE AGREEMENT ........ .
The Developer's Option to Terminate ..................................................... .
Action to Terminate ................................................................................ .
Effect of Termination .............................................................................. .
ADDITIONAL PROVISIONS ................................................................. .
Restrictions on Use ................................................................................. .
Conflicts of Interest. ................................................................................ .
Titles of Articles and Sections ................................................................ .
Notices and Demands ............................................................................. .
Counterparts ............................................................................................ .
Law Governing ....................................................................................... .
Expiration ................................................................................................ .
Provisions Surviving Rescission or Expiration ....................................... .
Assignability of Agreement .................................................................... .
EXHIBIT A DESCRIPTION OF DEVELOPMENT PROPERTY ............................................... A
EXHIBIT B FORM OF TIF NOTE ................................................................................................ B
EXHIBIT C SITE IMPROVEMENTS ........................................................................................... C
EXHIBIT D COMPLIANCE CERTIFICATE AFFORABLE HOUSING .................................... D
EXHIBIT E FORM OF ASSESSMENT AGREEMENT .............................................................. E
EXHIBIT F MUL TIF AMIL Y RENT AND INCOME LIMITS .................................................... F
EXHIBIT G RENT ROLL .............................................................................................................. G
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EXHIBIT H COMPLIANCE CERTIFICATE INCLUSIONARY HOUSING ............................. H
EXHIBIT I AVAILABLE TAX INCREMENT .............................................................................. I
EXHIBIT J INCOME CERTIFICATION ....................................................................................... ]
3
AMENDED AND RESTATED TAX INCREMENT DEVELOPMENT AGREEMENT
THIS AGREEMENT, made as of the 17th day of August, 2021, by and between the
Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the
"HRA"), a political subdivision of the State of Minnesota organized under the Constitution and
laws of the State of Minnesota with it principal offices at 8080 Mitchell Road, Eden Prairie, MN
55344-2230 and Paravel Property, LLC a Minnesota limited liability company (the "Developer").
WITNESS ETH:
WHEREAS, pursuant to Minnesota Statutes, Section 469.174 to 469.179, the HRA has
heretofore established Redevelopment Project No. 5 (the "Project Area") and has adopted a
redevelopment plan therefor (the "Redevelopment Plan");
WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through
469.1794, as amended (hereinafter, the "Tax Increment Act"), the HRA has heretofore established,
within the Project Area, Tax Increment Financing District No. 24 (Paravel Apartments) (the ''Tax
Increment District") and has adopted a tax increment financing plan therefor (the ''Tax Increment
Plan") which provides for the use of tax increment financing in connection with certain
development within the Project Area;
WHEREAS, capitalized terms used in these recitals or elsewhere in this Agreement and
not otherwise defined are given the meanings assigned to them in Article I of this Agreement;
WHEREAS, in order to achieve the objectives of the Redevelopment Plan and particularly
to make the land in the Project Area available for development by private enterprise in
conformance with the Redevelopment Plan, the HRA has determined to assist the Developer with
the financing of certain costs of the Project to be constructed within the Tax Increment District as
more particularly set forth in this Agreement;
WHEREAS to further assist the Developer in the construction of the Project, the payment
of park dedication fees applicable to Affordable Units as defined below, in the total amount of
$275,000.00 will be waived pursuant to the terms and conditions of Section 3.6 of this Agreement,
and as further set forth in the Development Agreement below;
WHEREAS, the HRA believes that the development and construction of the Project, and
fulfillment of this Agreement are vital and are in the best interests of the HRA, the health, safety,
morals and welfare of residents of the City, and in accordance with the public purpose and
provisions of the applicable state and local laws and requirements under which the Project has
been undertaken and is being assisted;
WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section
116J.993 through l 16J.995, do not apply to this Agreement pursuant to an exemption for housing;
and
WHEREAS, the parties wish to amend and restate in its entirety that certain Tax Increment
4
Development Agreement (the "Original TIF Agreement"), dated December 3, 2019, by and
between the HRA and Developer.
NOW, THEREFORE, in consideration of the foregoing recitals, which are agreed by the
parties to be an integral part of this Agreement, and the mutual obligations of the parties hereto,
each of them does hereby covenant and agree with the other as follows:
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall
have the following meanings unless a different meaning clearly appears from the context:
Affordable Units means the 50 units described in Section 3.4 (I) (A);
Agreement means this Agreement, as the same may be from time to time modified,
amended or supplemented;
Available Tax Increments means the percent of the Tax Increments identified for each year
of the TIF District on Exhibit I;
Business Day means any day except a Saturday, Sunday or a legal holiday or a day on
which banking institutions in the HRA are authorized by law or executive order to close;
City means the City of Eden Prairie, Minnesota;
Housing Compliance Certificate -Affordable Units means the Compliance Certificate in
substantially the form attached hereto as Exhibit D;
Housing Compliance Certificate -Inclusionary Units means Compliance Certificate in
substantially the form attached hereto as Exhibit H;
County means Hennepin County, Minnesota;
Developer means Paravel Property, LLC a Minnesota limited liability company, its
successors and assigns;
Development Agreement means that certain First Amended and Restated Development
Agreement between the City of Eden Prairie and Developer dated March 17, 2020, filed on April
6, 2021 with the Hennepin County Registrar of Titles as Document No. 5815874 and with the
Hennepin County Recorder as Document No. 10934502.
Development Property means the real property described in Exhibit A attached to this
Agreement;
Event of Default means any of the events described in Section 4.1 hereof;
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HRA means the Housing and Redevelopment Authority in and for the City of Eden Prairie,
Minnesota;
Inclusionary Housing Units (IH Units) means the minimum of 13 units as described in
Section 3.4 (1) (C);
Lender means any holder of a loan secured by the Development Property, and its successors
or assigns;
Owner means Paravel Property, LLC, a Minnesota limited liability company;
Prime Rate means the rate of interest from time to time publicly announced by U.S. Bank
National Association in St. Paul, Minnesota, as its "prime rate" or "reference rate" or any successor
rate, which rate shall change as and when that rate or successor rate changes;
Project means the construction of a 5-7 story mixed-income apartment project with 246
residential units, two stories of underground parking containing 358 parking stalls and 67 surface
parking stalls by the Developer on the Development Property commonly referred to as Paravel;
Project Area means the real property included in Redevelopment Project No. 5 heretofore
established;
Redevelopment Plan means the development program approved in connection with the
Project Area;
Site Improvements means the site improvements undertaken or to be undertaken on the
Development Property, more particularly described on Exhibit C attached hereto;
State means the State of Minnesota;
Tax Increments means the tax increments derived from the Development Property which
have been received by the HRA in accordance with the provisions of Minnesota Statutes, Section
469.177;
Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.1794, as
amended;
Tax Increment District means Tax Increment Financing District No. 24 located within the
Project Area, a description of which is set forth in the Tax Increment Financing Plan, which was
qualified as a housing district under the Tax Increment Act;
Tax Increment Financing Plan means the tax increment financing plan approved for the
Tax Increment District by the HRA on September 17, 2019, the modification of the tax increment
financing plan approved for the Tax Increment District by the HRA on August 17, 2021, and any
future amendments thereto;
Termination Date means the earlier of December 31, 2049 or the date this Agreement is
terminated earlier pursuant to the terms hereof.
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TIF Note means the Tax Increment Revenue Note Paravel to be executed by the HRA and
delivered to the Developer pursuant to Article III hereof, the form of which is attached hereto as
Exhibit B;
TIF Note Payment Date means August 1, 2023, and each February 1 and August 1 of each
year thereafter to and including the date on which Developer has received a total principal amount
of $7,339,878; provided, that if any such Note Payment Date should not be a Business Day, the
Note Payment Date shall be the next succeeding Business Day. Based on projections made as of
the date of this Agreement, the date it is anticipated that the Developer will have received
$7,339,878 in principal payment by February 1, 2049.
TIF Revenue is the amount of the Tax Increments received by Developer in any given year;
and
Unavoidable Delays means delays, outside the control of the party claiming its occurrence,
which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad
weather, acts of God, fire or other casualty to the Project, litigation commenced by third parties
which, by injunction or other similar judicial action or by the exercise of reasonable discretion,
directly results in delays, or acts of any federal, state or local governmental unit (other than the
HRA) which directly result in delays.
ARTICLE II
REPRESENTATIONS AND WARRANTIES
Section 2.1 Representations and Warranties of the HRA. The HRA makes the following
representations and warranties:
(1) The HRA is political subdivision of the State of Minnesota and has the power to
enter into this Agreement and carry out its obligations hereunder.
(2) The Tax Increment District is a "housing district" within the meaning of
Minnesota Statutes, Section 469.174, Subdivision 11, and was created, adopted and approved in
accordance with the terms of the Tax Increment Act.
(3) The development contemplated by this Agreement is in conformance with the
development objectives set forth in the Redevelopment Plan.
( 4) To finance certain costs within the Tax Increment District, the HRA agrees, subject
to the further provisions of this Agreement and the TIF Note, to apply Tax Increments to reimburse
the Developer for acquisition of the Development Property and a portion of the costs of the
construction of certain Site Improvements incurred in connection with the Project as further
provided in this Agreement.
(5) The HRA makes no representation or warranty, either expressed or implied, as to
the Development Property or its condition or the soil conditions thereon, or that the Development
7
Property shall be suitable for the Developer's purposes or needs.
Section 2.2 Representations and Warranties of the Developer. The Developer makes the
following representations and warranties:
(1) The Developer is a Minnesota limited liability company and has the power and
authority to enter into this Agreement and to perform its obligations hereunder, and doing so will
not violate its articles of organization, member control agreement or operating agreement, or the
laws of the State and by proper action has authorized the execution and delivery of this Agreement.
(2) The Developer shall cause the Project to be constructed in accordance with the
terms of this Agreement, the Redevelopment Plan, the Development Agreement and all local, state
and federal laws and regulations (including, but not limited to, environmental, zoning, energy
conservation, building code and public health laws and regulations).
(3) The construction of the Project would not be undertaken by the Developer, and in
the opinion of the Developer would not be economically feasible within the reasonably foreseeable
future, without the assistance and benefit to the Developer provided for in this Agreement.
( 4) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely
manner, all required permits, licenses and approvals, and will meet, in a timely manner, all
requirements of all applicable local, state, and federal laws and regulations which must be obtained
or met before the Project may be lawfully constructed.
(5) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provision of any contractual restriction, evidence of indebtedness,
agreement or instrument of whatever nature to which the Developer is now a party or by which it
is bound, or constitutes a default under any of the foregoing.
(6) The Developer will use its best efforts in cooperating fully with the HRA with
respect to any third-party litigation commenced with respect to the Project.
(7) The Developer will cooperate fully with the HRA in resolution of any on-site
traffic, parking, trash removal or public safety problems which may arise in connection with the
construction and operation of the Project.
(8) The Development Property was acquired by Developer on or around April 1, 2021,
and construction of the Project will be substantially completed by December 31, 2023 subject to
Unavoidable Delays.
(9) The Developer acknowledges that Tax Increment projections contained in the Tax
Increment Financing Plan are estimates only and the Developer acknowledges that it shall place
no reliance on the amount of projected Tax Increments and the sufficiency of such Tax Increments
to reimburse the Developer for a portion of the costs of the acquisition of the Development
Property and the construction of the Site Improvements as provided in Article Ill.
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(10) The Developer will not seek a reduction in the market value below the value
established in the Assessment Agreement (as determined by the City Assessor) of the Project or
other facilities, if any, that it constructs on the Development Property for so long as the TIF Note
remains outstanding.
ARTICLE III
UNDERTAKINGS BY DEVELOPER AND HRA
Section 3.1 Project, Site Improvements and Development Property. The parties agree that
the acquisition of the Development Property and the installation of the Site Improvements is
essential to the successful completion of the Project. The costs of the Development Property and
the Site Improvements shall be paid by the Developer. The HRA shall reimburse the Developer
for the lesser of $7,339,878 or the costs actually incurred and paid by the Developer for the
acquisition of the Development Property and the construction of Site Improvements (the
"Reimbursement Amount"), as further provided in Section 3.3 hereof.
Section 3.2 Limitations on Undertaking of the HRA. Notwithstanding the provisions of
Section 3 .1, the HRA shall have no obligation to the Developer under this Agreement to reimburse
the Developer for the costs identified in Section 3 .1, if the HRA, at the time or times such payment
is to be made, is entitled under Section 4.2 to exercise any of the remedies set forth therein as a
result of an Event of Default which has not been cured.
Section 3.3 Reimbursement: TIF Note. The HRA shall reimburse the payments made by
the Developer under Section 3 .1 for costs of the acquisition of the Development Property and the
construction of Site Improvements through the issuance of the HRA's TIF Note in substantially
the form attached to this Agreement as Exhibit B, subject to the following conditions:
(1) The TIF Note shall be dated, issued and delivered when the Developer shall have
demonstrated in writing to the reasonable satisfaction of the HRA that (i) the Developer has
incurred and paid the costs of the acquisition of the Development Property and of the construction
of Site Improvements in the amount of the Reimbursement Amount, as described in and limited
by Section 3.1; and (ii) the Developer has submitted paid invoices for the costs of construction of
the Site Improvements (to the HRA and to an escrow agent providing construction loan disbursing
services for the Project (if any)) and a settlement statement or other evidence of payment of the
costs of the acquisition of the Development Property, which are collectively in an amount not less
than the Reimbursement Amount.
(2) The initial amount of the TIF Note shall be the Reimbursement Amount. The
unpaid principal of the TIF Note shall bear simple non-compounding interest from the date of
issuance of the TIF Note, at 4.47% per annum. Interest shall be computed on the basis of a 360-
day year consisting of twelve (12) 30-day months.
(3) The principal amount of the TIF Note and the interest thereon shall be payable
solely from the Available Tax Increments.
(4) On each TIF Note Payment Date and subject to the provisions of the TIF Note, the
HRA shall pay, against the principal and interest outstanding on the TIF Note, any Available Tax
9
Increments received by the HRA during the preceding six (6) months. All such payments shall be
applied first to accrued interest and then to reduce the principal of the TIF Note.
(5) The TIF Note shall be a special and limited obligation of the HRA and not a general
obligation of the HRA, and only Available Tax Increments shall be used to pay the principal and
interest on the TIF Note. If, on any TIF Note Payment Date, the Available Tax Increments for the
payment of the accrued and unpaid interest on the TIF Note are insufficient for such purposes, the
difference shall be carried forward, without interest accruing thereon, and shall be paid if and to
the extent that on a future TIF Note Payment Date there are Available Tax Increments in excess
of the amounts needed to pay the accrued interest then due on the TIF Note.
(6) The HRA's obligation to make payments on the TIF Note on any TIF Note
Payment Date or any date thereafter shall be conditioned upon the requirements that: (A) there
shall not at that time be an Event of Default that has occurred and is continuing under this
Agreement beyond any applicable notice and cure period and (B) this Agreement shall not have
been rescinded pursuant to Section 4.2.
(7) The TIF Note shall be governed by and payable pursuant to the additional terms
thereof, as set forth in Exhibit B. In the event of any conflict between the terms of the TIF Note
and the terms of this Section 3.3, the terms of the TIF Note shall govern. The issuance of the TIF
Note pursuant and subject to the terms of this Agreement, and the taking by the HRA of such
additional actions as the HRA Attorney may require in connection therewith, are hereby authorized
and approved by the HRA.
Section 3.4 Compliance with Low and Moderate Income Requirements.
(I) The HRA and the Developer understand and agree that the Tax Increment District
will constitute a "housing district" under Section 469.174, Subd. 11 of the Tax Increment Act.
Accordingly, in compliance with Section 469.1761, Subd. 3 of the Tax Increment Act, the
Developer agrees that the Project must satisfy, or be treated as satisfying, the income requirements
for a qualified residential rental project as defined in Section 142(d) of the Internal Revenue Code.
The Developer must meet the above requirements as follows:
(A) Affordable Units. At least 50 of the residential units in the Project must be
occupied or available for occupancy by persons whose incomes do not exceed 50%
of Hennepin County Area Median Income. The mix of units must be a maximum
of 13 studio apartments, a minimum of27 one bedroom apartments and a minimum
of 10 two bedroom apartments.
(B) Tax Credit Units. [INTENTIONALLY OMITTED]
(C) lnclusionary Housing Units. A minimum of 13 units shall in perpetuity
remain affordable as IH Units. A minimum of seven (7) of the IH Units shall at
all times remain affordable as inclusionary units to households whose annual
income is at 80% or less of Hennepin County AMI and a minimum of six (6) of the
IH Units shall at all times remain affordable as inclusionary units to households
whose annual income is at 100% or less of Hennepin County AMI. The mix of
units of the seven (7) IH Units at 80% or less of AMI must be a maximum of 3
studio apartments, a minimum of 3 one-bedroom apartments and a minimum of 1
10
two-bedroom apartments. The mix of units of the six ( 6) IH Units at 100% or less
of AMI must be a maximum of 1 studio apartment, a minimum of 1 one-bedroom
apartments and a minimum of 4 two-bedroom apartments. The obligation of
Developer to provide IH Units as set forth in this Agreement, including in this
Section 3.4 (C) shall survive and remain in full force and effect after expiration,
cancellation, termination or rescission of this Agreement pursuant to its terms or by
either party.
(D) The limits described in clause (A) must be satisfied through the Termination
Date. Income for occupants of units described in clause (A) shall be adjusted for
family size in accordance with Section 142(d) of the Internal Revenue Code and
related regulations.
(E) Developer shall restrict rents in the Project for the Affordable Units to an
amount not exceeding the Multifamily Rent and Income Limits set by the United
States Department of Housing and Urban Development and promulgated online
for Hennepin County Minnesota by the Minnesota Housing Finance Agency, as
adjusted for family size, as the same may be updated from time-to-time. Attached
hereto as Exhibit F are the Multifamily Rent and Income Limits in effect as of the
date of this Agreement. The parties further agree that the Developer shall not be
obligated to extend any allowances to tenants for utilities or otherwise, and shall be
permitted to charge and collect from tenants' gross maximum rents.
(F) Developer shall restrict rents in the Project for the IH Units to an amount not
exceeding the Multifamily Rent and Income Limits set by the United States
Department of Housing and Urban Development and promulgated online for
Hennepin County, Minnesota by the Minnesota Housing Finance Agency (or if
MHF A no longer promulgates such data, then by a similar resource promulgates
the United States Department of Housing and Urban Development data), as
adjusted for family size, as the same may be updated from time-to-time. Attached
hereto as Exhibit Fare the Multifamily Rent and Income Limits in effect as of the
date of this Agreement. The parties further agree that the Developer shall not be
obligated to extend any allowances to tenants for utilities or otherwise, and shall be
permitted to charge and collect from tenants' gross maximum rents.
(2) The obligations of Section 3.4 (1) (A), (D) (E) and (F) shall not terminate and shall
remain in full force and effect in the event of an Event of Default under Section 4.1 by the
Developer unless the HRA elects a remedy for such default that results in a cancellation or
termination of the TIF Note and the payments thereunder, in which event the obligations set forth
in Sections 3.4(l)(A), (D)and (E) shall terminate and be ofno further force or effect as of the date
of such termination of the TIF Note and I or this Agreement provided however the obligations set
forth in Section 3 .4(1 )(F) survive as set forth in 3.4(1 )( C) .
(3) On or before each January 1 and July 1 during the period that the TIF Note is
outstanding, commencing on July l, 2023, the Developer or an agent of the Developer must deliver
or cause to be delivered to the HRA a Compliance Certificate -Affordable Housing, in
substantially the form shown on Exhibit D and Exhibit J -Page 2 attached hereto, executed by
11
the Developer covering the preceding six (6) months together with written evidence satisfactory
to the HRA of compliance with the covenants in Section 3.4 (1) (A), (C), (D) and (E). This
evidence must include a statement of the household income of each of qualifying renter, a written
determination that each qualifying renter's household income falls within the qualifying limits of
this Section (and Section 142(d) of the Internal Revenue Code), and certification that the income
documentation is correct and accurate (and that the determination of qualification was made in
compliance with Section 142( d) of the Internal Revenue Code). The HRA may review, upon
request, all documentation supporting the Developer submissions and statements. In determining
compliance with this Section, the Developer must use the County median incomes for the year in
which the payment is due on the TIF Note, as promulgated by the Minnesota Housing Finance
Agency based on the area median incomes established by the United States Department of Housing
and Urban Development (the "County Area Median Income'').
(4) On or before each January 30, commencing on January 30, 2023, the Developer or
an agent of the Developer must deliver or cause to be delivered to the HRA a Rent Roll Certificate
("Rent Roll"), in substantially the form shown on Exhibit G attached hereto, executed by the
Developer covering the preceding twelve (12) months together with a written certificate
reasonably satisfactory to the HRA that Developer is in compliance with the covenants in Section
3.4 (1) (A), (C), (D) and (E). The Rent Roll shall set forth (i) the rent for each Affordable Unit and
the rent for a comparable market rate unit. The HRA will review the Rent Roll and will approve
the Rent Roll only as it pertains to the Affordable Units and the IH Units, provided such rents are
not in excess of the rent limits in this Section 3.4. Any Rent Roll submitted by the Developer will
be considered approved unless disapproved by the HRA within sixty (60) days after submission.
The HRA shall provide written reasons if any Rent Roll is disapproved. The Developer shall have
sixty (60) days following receipt of any notice of disapproval to cure any objections the HRA has
made in its notice of disapproval and to submit a revised Rent Roll to the HRA for review and
approval as provided in this Section. The Developer's failure to obtain the HRA's approval of a
revised Rent Roll during such ninety (90) day cure period shall constitute a default by Developer.
(5) All IH Units, including rents and incomes, shall be subject to review and approval
by the City. On or before each January 1 and July 1 during the period that IH Units are required
the Developer or an agent of the Developer must deliver or cause to be delivered to the HRA a
Compliance Certificate -IH Units, in substantially the form shown on Exhibit H and Exhibit J -
Page 2 attached hereto, executed by the Developer covering the preceding six (6) months together
with written evidence satisfactory to the HRA of compliance with the covenants in Section 3.4 (1)
(C) and (F). This evidence must include a statement of the household income of each qualifying
renter, a written determination that each qualifying renter's household income falls within the
qualifying limits of this Section (and Section 142(d) of the Internal Revenue Code), and
certification that the income documentation is correct and accurate (and that the determination of
qualification was made in compliance with Section 142( d) of the Internal Revenue Code). The
HRA may review, upon request, all documentation supporting the Developer submissions and
statements. In determining compliance with this Section, the Developer must use the County
median incomes for the current year as promulgated by the Minnesota Housing Finance Agency
based on the area median incomes established by the United States Department of Housing and
Urban Development (the "County Area Median Income").
(6) Section 3.5 Assessment Agreement: The Assessment Agreement shall be executed
by the Owner, in form attached hereto as Exhibit E, and the HRA as of the date hereof, and the
12
Owner shall cause the Assessment Agreement and an executed Assessor's Certificate, in the form
attached thereto, to be recorded against the Development Property.
(7) On or before each January 1 and July 1 during the period that the TIF Note is
outstanding, commencing on July 1, 2023, the Developer or an agent of the Developer must deliver
or cause to be delivered to the HRA an Income Certification from each tenant leasing an
Affordable Unit and an IH Unit, such certification to be in substantially the form shown on Exhibit
J -Page 1 attached hereto, executed by the tenant covering the preceding six (6) months.
Section 3 .6 Park Dedication Fees: It is a condition of this Agreement, in order to further
assist the Developer in providing the Affordable Units that Park Dedication Fees applicable to the
Affordable Units shall be waived by the City.
ARTICLE IV
EVENTS OF DEFAULT
Section 4.1 Events of Default Defined. The following shall be "Events of Default" under
this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement
any one or more of the following events and the expiration of all applicable cure periods:
(1) Failure by the Developer at any time prior to the Termination Date to timely pay
any ad valorem real property taxes assessed and special assessments or other HRA charges with
respect to the Development Property.
(2) Failure by the Developer to cause the construction of the Project to be completed
pursuant to the terms, conditions and limitations of this Agreement.
(3) Failure of the Developer to observe or perform any covenant, condition, obligation
or agreement on its part to be observed or performed under this Agreement including failure to
provide the Affordable Units.
(4) The holder of any mortgage on the Development Property or any improvements
thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under
the applicable mortgage documents.
(5) Failure of the Developer to observe or perform any covenant, condition, obligation
or agreement on its part to be observed or performed under this Agreement pertaining to both the
Affordable Units and the IH Units.
(6) Failure of the Developer to observe or perform any covenant, condition, obligation
or agreement on its part to be observed or performed under the Development Agreement.
(7) If the Developer shall:
(A) file any petition in bankruptcy or for any reorganization, arrangement,
composition, readjustment, liquidation, dissolution, or similar relief under the
United States Bankruptcy Act of 1978, as amended or under any similar federal or
13
state law; or
(B) make an assignment for the benefit of its creditors: or
(C) admit in writing its inability to pay its debts generally as they become due;
or
(D) be adjudicated as bankrupt or insolvent; or if a petition or answer proposing
the adjudication of the Developer as bankrupt or its reorganization under any
present or future federal bankruptcy act or any similar federal or state law shall be
filed in any court and such petition or answer shall not be discharged or denied
within sixty (60) days after the filing thereof; or a receiver, liquidator or trustee of
the Developer, or of the Project, or part thereof, shall be appointed in any
proceeding brought against the Developer, and shall not be discharged within sixty
(60) days after such appointment, or ifthe Developer, shall consent to or acquiesce
in such appointment.
Section 4.2 Remedies on Default. Whenever any Event of Default referred to in Section
4.1 occurs and is continuing, the HRA, as specified below, may take any one or more of the
following actions after the giving of sixty (60) days' written notice to the Developer, but only if
the Event of Default has not been cured within said sixty ( 60) days provided however, the notice
required for the action (3) below shall be five (5) business days' written notice to the Developer.,.
(1) Subject to providing notice as specified above and in addition to any other remedy,
this Agreement may be terminated by the HRA, in the event of a failure by Developer to provide
the Affordable Units and or the IH Units in accordance with the terms of this Agreement. Upon
termination pursuant to this Section, the Developer shall pay to the HRA the present value of an
amount equal to the following (such amount, the "TIF Excess"): the amount of the Tax Increments
actually received by Developer to the date of the termination, less the amount of the Developer
Rent Subsidy provided. For purposes of this Section, "Developer Rent Subsidy" shall be defined
as the amount by which the aggregate rent collected for the Affordable Units is less than would
have been collected if such Affordable Units were rented at rates equal to the average rent of the
same unit types (e.g. studio, one-bedroom, two-bedroom), measured annually at the end of each
calendar year. By way of example only, if a one-bedroom apartment that was an Affordable Unit
was rented for an entire calendar year at a rate of$1,000 per month, and the average rent collected
for all other one-bedroom units at the Project (other than those that are Affordable Units) for such
calendar year was $1, 100 per month, the Developer Rent Subsidy for that Affordable Unit for the
applicable calendar year will be $1,200.00. Any payment required hereunder shall be made
promptly following receipt by Developer of a written demand by the HRA. For purposes of
determining the present value of the TIF Excess, a rate ofretum of 4.47% per annum shall be used,
accruing from the end of the calendar year for which the TIF Excess is calculated.
Notwithstanding the above, the requirement of Section 3.4(1)(C) to provide IH Units shall survive
a termination of this Agreement by the HRA.
(2) The HRA may suspend its performance under this Agreement and the TIF Note
until it receives assurances from the Developer, deemed adequate by the HRA, that the Developer
will cure its default and continue its performance under this Agreement.
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(3) Notwithstanding any other remedy provided for herein, upon a default in submitting
the Compliance Certificate required by Section 3.4(3) that has not been cured within ten (I 0)
business days of notice specified above the HRA may suspend its performance under this
Agreement and the TIF Note until the Compliance Certificate is filed and is in compliance with
the requirements of Section 3.4(3).
(4) The HRA may cancel and rescind the Agreement and the TIF Note.
(5) The HRA may take any action, including legal or administrative action, in law or
equity, which may appear necessary or desirable to enforce performance and observance of any
obligation, agreement, or covenant of the Developer under this Agreement. Notwithstanding an
Event of Default, if the HRA does not cancel and rescind the Agreement and the TIF Note, the
obligations under Section 3.4 remain in full force and effect. As set forth in 3.4(l)(C) and 3.4 (2)
the obligations under 3.4(l)(C) survive cancellation and rescission of this Agreement and the TIF
Note.
(6) The obligation of Developer to provide IH Units as set forth in this Agreement,
including in Section 3 .4 shall survive and remain in full force and effect after the exercise of any
remedy including but not limited to termination, cancelation or rescission of this Agreement by
either party.
Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the
HRA is intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any 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.
Section 4.4 No Implied Waiver. In the event any agreement contained in this Agreement
should be breached by any party and thereafter waived by any other party, such waiver shall be
limited to the particular breach so waived and shall not be deemed to waive any other concurrent,
previous or subsequent breach hereunder.
Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of
Default occurs and the HRA shall employ attorneys or incur other expenses for the collection of
payments due or to become due or for the enforcement or performance or observance of any
obligation or agreement on the part of the Developer herein contained, the Developer agrees that
it shall, on demand therefor, pay to the HRA the reasonable fees of such attorneys and such other
reasonable and customary expenses so incurred by the HRA.
Section 4.6 Indemnification ofHRA.
(1) The Developer releases from and covenants and agrees that the HRA and its
governing body members, officers, agents, including the independent contractors, consultants and
legal counsel, servants and employees thereof (hereinafter, for purposes of this Section,
collectively the "Indemnified Parties") shall not be liable for and agrees to indemnify and hold
15
harmless the Indemnified Parties against any loss or damage to property or any injury to or death
of any person occurring at or about or resulting from any defect in the Project, provided that the
foregoing indemnification shall not be effective for any actions of the Indemnified Parties that are
not contemplated by this Agreement.
(2) Except for any willful misrepresentation or any negligent, willful or wanton
misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified
Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim,
demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or
purportedly arising from the actions or inactions of the Developer (or other persons acting on its
behalf or under its direction or control) under this Agreement, or the transactions contemplated
hereby or the acquisition, construction, installation, ownership, and operation of the Project;
provided, that this indemnification shall not apply to the warranties made or obligations undertaken
by the HRA in this Agreement or to any actions undertaken by the HRA which are not
contemplated by this Agreement but shall, in any event and without regard to any fault on the part
of the HRA, apply to any pecuniary loss or penalty (including interest thereon from the date the
loss is incurred or penalty is paid by the HRA at a rate equal to the Prime Rate) as a result of the
Developer operating the Project so that the Tax Increment District does not qualify or ceases to
qualify as a "housing district" under Section 469.174, Subdivision 11, of the Act or to violate
limitations as to the use of Tax Increments as set forth in Section 469.176, Subdivision 4d.
(3) All covenants, stipulations, promises, agreements and obligations of the HRA
contained herein shall be deemed to be the covenants, stipulations, promises, agreements and
obligations of the HRA and not of any governing body member, officer, agent, servant or employee
of the HRA.
ARTICLE V
HRA DEFAULT AND DEVELOPER'S REMEDIES
Section 5.1 The Developer's Option to Terminate. This Agreement may be terminated by
the Developer, if (i) the Developer is in compliance with all material terms of this Agreement and
no Event of Default has occurred; and (ii) the HRA fails to comply with any material term of this
Agreement, and, after written notice by the Developer of such failure, the HRA has failed to cure
such noncompliance within sixty (60) days of receipt of such notice, or, if such noncompliance
cannot reasonably be cured by the HRA within sixty (60) days, ofreceipt of such notice, the HRA
has not provided assurances, reasonably satisfactory to the Developer, that such noncompliance
will be cured as soon as reasonably possible.
Section 5.2 Action to Terminate. Termination of this Agreement pursuant to Section 5.1
must be accomplished by written notification by the Developer to the HRA within sixty (60) days
after the date when such option to terminate may first be exercised. A failure by the Developer to
terminate this Agreement within such period constitutes a waiver by the Developer of its rights to
terminate this Agreement due to such occurrence or event.
Section 5.3 Effect of Termination. Except as provided in Section 3.4 (C) as to IH Units, if
this Agreement is terminated pursuant to this Article V, this Agreement shall be from such date
16
forward null and void and of no further effect; provided, however, the termination of this
Agreement shall not affect the rights of either party to institute any action, claim or demand for
damages suffered as a result of breach or default of the terms of this Agreement by the other party,
or to recover amounts which had accrued and become due and payable as of the date of such
termination. Upon termination of this Agreement pursuant to this Article V, the Developer shall
be free to proceed with the Project at its own expense and without regard to the provisions of this
Agreement; provided, however, that the HRA shall have no further obligations to the Developer
with respect to reimbursement of the expenses set forth in Section 3.2.
Section 5.4 HRA Covenant to Comply. The HRA covenants that it will comply with all
payment obligations required of it hereunder and that it will take no action that will directly or
indirectly impair its ability to repay the TIF Note or otherwise frustrate the purposes of the Tax
Increment Financing Plan. Developer may enforce this provision in an action seeking declaratory
relief, specific performance or injunctive relief but not an action for damages. The provisions of
this Section are subject to the provisions of Section 5.1 and the opportunity to cure. If the HRA
violates this covenant as determined by a final order of a court of competent jurisdiction and after
the exhaustion of all rights of appeal, then the effect of a termination as set forth in 5.3 includes
termination of the obligation to continue IH Units.
17
ARTICLE VI
ADDITIONAL PROVISIONS
Section 6.1 Restrictions on Use. The Developer agrees for itself, its successors and assigns
and every successor in interest to the Development Property, or any part thereof, that during the
term of this Agreement and for so long as IH Units are required the Developer and such successors
and assigns shall operate, or cause to be operated, the Project as a multifamily rental housing
facility (subject to the limitations set forth elsewhere in this Agreement) and shall devote the
Development Property to, and in accordance with, the uses specified in this Agreement.
Section 6.2 Conflicts oflnterest. No member of the governing body or other official of the
HRA shall have any financial interest, direct or indirect, in this Agreement, the Development
Property or the Project, or any contract, agreement or other transaction contemplated to occur or
be undertaken thereunder or with respect thereto, nor shall any such member of the governing body
or other official participate in any decision relating to the Agreement which affects his or her
personal interests or the interests of any corporation, partnership or association in which he or she
is directly or indirectly interested. No member, official or employee of the HRA shall be personally
liable to the HRA in the event of any default or breach by the Developer or its successor of any
obligations under the terms of this Agreement.
Section 6.3 Titles of Articles and Sections. Any titles of the several parts, articles and
sections of the Agreement are inserted for convenience ofreference only and shall be disregarded
in construing or interpreting any of its provisions.
Section 6.4 Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand or other communication under this Agreement by any party to any
other shall be sufficiently given or delivered if it is (i) dispatched by registered or certified mail,
postage prepaid, return receipt requested, (ii) deposited for overnight delivery with a recognizable
courier service, (iii) deposited for same-day delivery with a recognizable courier service, (iv)
delivered by email delivery, or (v) delivered personally, in any event, addressed or delivered to the
addresses set forth below, and
(1) in the case of the Developer is addressed to or delivered personally to:
Paravel Property, LLC
Attention: Ryan Sailer, Vice President
8500 Normandale Lake Boulevard, Suite 700
Bloomington, MN 55437
Email: rsailer@timberlandpartners.com
(2) in the case of the HRA is addressed to or delivered personally to the HRA at:
Housing and Redevelopment Authority in and for
The City of Eden Prairie
Attention: Community Development Director
Eden Prairie City Hall
18
8080 Mitchell Road
Eden Prairie, MN 55344-4485
with a copy to:
Gregerson, Rosow, Johnson & Nilan, LTD.
Attention: Maggie Neuville
100 Washington Ave S, Suite 1550
Minneapolis, MN 55401
or at such other address with respect to any such party as that party may, from time to time,
designate in writing and forward to the other, as provided in this Section. Notices shall be deemed
given three (3) business days following deposit, in the case of method (i) above, one (1) business
day following deposit, in the case of method (ii) above, and on the date of delivery, in the case of
methods (iii) through (v) above.
Section 6.5 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute one and the same instrument.
Section 6.6 Law Governing. This Agreement will be governed and construed in accordance
with the laws of the State.
Section 6.7 Expiration. This Agreement shall expire on the earlier of(i) February I, 2048,
(ii) the date the TIF Note is paid in full or (iii) the date this Agreement is terminated or rescinded
in accordance with its terms.
Section 6.8 Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall
survive any rescission, termination or expiration of this Agreement with respect to or arising out
of any event, occurrence or circumstance existing prior to the date thereof.
Section 6.9 Assignability of Agreement. This Agreement may be assigned only with the
consent of the HRA which consent shall not be unreasonably withheld, delayed or conditioned.
Developer intends to assign this Agreement to TP KPI Paravel Property, LLC ("Proposed
Assignee"), which is a new single-purpose corporate entity that will be formed for the purpose of
holding title to the Development Property. The HRA hereby consents to Developer's assignment
of this Agreement to the Proposed Assignee, subject to Proposed Assignee's express assumption
of all of Developer's obligations under this Agreement. The assignment to Proposed Assignee will
not be valid or effective until a separate document is recorded against the Development Property
reflecting the assignment. The HRA's Chair and Executive Director are authorized to execute any
documents necessary to reflect the assignment that have been approved by the Community
Development Director and the City Attorney. The TIF Note may only be assigned pursuant to the
terms of the TIF Note.
Section 6.10 Low-Income Rental Property Under MS Section 273.128. The Affordable
Units identified in Section 3.4 (I) (A) also serve to comply with the requirements under Minn.
Stat. Section 273.128 (4).
19
IN WITNESS WHEREOF, the HRA has caused this Agreement to be duly executed in its name
and on its behalf and the Developer has caused this Agreement to be duly executed in its name and
on its behalf, on or as of the date first above written.
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF
EDEN PRAIRIE, MINNESOTA
By~~~~~~~~~~~~
Ronald A. Case, Chair
By~~~~~~~~~~
Rick Getschow, Executive Director
The foregoing instrument was acknowledged before me this 17th day of August, 2021, by
Ronald A. Case, the Chair of the Housing and Redevelopment Authority in and for the City of
Eden Prairie, Minnesota, a political subdivision under the law of the State of Minnesota, on
behalf of the Authority.
Notary Public
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this 17th day of August, 2021, by Rick
Getschow, the Executive Director of the Housing and Redevelopment Authority in and for the
City of Eden Prairie, Minnesota, a political subdivision under the law of the State of Minnesota,
on behalf of the Authority.
Notary Public
20
Paravel Property, LLC
By ~ t/t-'Vt,. ~
Matthew R. Fransen, Manager
STATE OF MINNESOTA)
) SS.
COUNTY OF fl~rtAf/1 A)
ti The foregoing instrument was acknowledged before me thls r{' day of
~LI)-(" , 2021, by Matthew R. Fransen, the Manager ofParavel Property,
LLC, ai esota limited liability company, on behalf of the company.
21
JESSICA MARIE CLAUSEN
NOTARY PUBLIC ·MINNESOTA
MY COMMISSION EXPIRES 01/31 ns
EXHIBIT A
DESCRIPTION OF DEVELOPMENT PROPERTY
Lot I, Block I, Castle Ridge 4th Addition, Hennepin County, Minnesota.
22
No. R-1
EXHIBITB
FORM OF TAX INCREMENT NOTE
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF EDEN PRAIRIE
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF EDEN PRAIRIE
TAX INCREMENT REVENUE NOTE OF 20_
TAX INCREMENT FINANCING DISTRICT# 24 WITHIN REDEVELOPMENT PROJECT AREA NO. 5
PRINCIPAL AMOUNT:
$7,339,878.00
____ ,LLC
Attention: Ryan Sailer, Vice President
8500 Normandale Lake Boulevard, Suite 700
Bloomington, MN 55437
Email: rsailer@timberlandpartners.com
INTEREST RATE: 4.47%
The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota
(the ''HRA") hereby acknowledges itself to be indebted and, for value received, promises to pay
to the order of , a (the "Owner"), or its permitted
assigns (as such term is defined herein), solely from the source, to the extent and in the manner
hereinafter provided, the principal amount of this Note, being $7,339,878.00 (the "Principal
Amount"), commencing on August 1, 2023 and continuing on each August 1 and February 1
thereafter up to and including February 1, 2049 (the "Scheduled Payment Dates"). Simple interest
at the rate of 4.4 7 percent per annum shall accrue from the date of this Note on the Principal
Amount and shall be paid together with the Principal Amount on each February 1 and August 1.
From and after August 1, 2023, all payments made by the HRA shall be applied first to accrued
interest and then to the Principal Amount of this TIF Note.
This Tax Increment Revenue Note of 20_ (''TIF Note") is issued pursuant, and subject, to
the terms and provisions of that certain Amended and Restated Tax Increment Development
Agreement, dated as of August 17, 2021, as the same may be amended from time to time (the ''TIF
Development Agreement"), by and between the HRA and Owner.
Provided that the Owner has submitted evidence (pursuant to Section 3.3 of the TIF
Development Agreement) to the HRA that costs of Owner's Site Improvement Costs (as defined
in the TIF Development Agreement) have been incurred and paid by the Owner as provided in the
TIF Development Agreement, the principal and interest amounts due under this TIF Note (the "TIF
23
Note Payment Amounts") will be payable on August 1, 2023, and on each February I and August
I thereafter to and including the earlier of the date on which total principal payments equal
$7,339,878.00 or February I, 2049, or, ifthe first should not be a Business Day (as defined in the
TIF Development Agreement) the next succeeding Business Day (the "Note Payment Dates"). On
each Note Payment Date the HRA will pay, by check or draft mailed to the person that was the
Registered Owner of this TIF Note at the close of the last Business Day preceding such Note
Payment Date, the Available Tax Increments (as defined in the TIF Development Agreement)
received by the HRA from the Tax Increment District (as hereinafter defined) since the preceding
Note Payment Date or, in the case of the first Note Payment Date, prior to such first Note Payment
Date, as provided in the TIF Development Agreement. All payments shall be first applied to
interest accrued on the TIF Note and then to the unpaid principal of the TIF Note. The HRA shall
not be required to make any payments on the Note subsequent to the date on which total principal
payments equal $7,339,878.00, or February I, 2049, whichever is earlier, and any balance of
principal and interest remaining unpaid subsequent thereto shall be deemed forgiven by the Owner.
In no event shall the total principal paid under this Note exceed the amount of $7,339,878.00.
TIF Note shall bear simple non-compounding interest from the date of issuance of the TIF Note,
at 4.47% per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve
(12) 30-day months. The TIF Note Payment Amounts due hereon shall be payable solely from the
Available Tax Increments. This TIF Note shall terminate and be of no further force and effect
following the last Note Payment Date, or any date upon which the HRA shall have cancelled and
rescinded the TIF Development Agreement pursuant to Section 4.2 thereof, or on the date that all
principal and interest has been paid in full, whichever occurs earliest. The HRA makes no
representation or covenant, express or implied, that the Available Tax Increments will be sufficient
to pay, in whole or in part, the amounts which are or may become due and payable hereunder.
The HRA's payment obligations hereunder shall be further conditioned on the fact that no
Event of Default under the TIF Development Agreement (and the passing of any applicable cure
periods) has occurred and is continuing at the time payment is otherwise due hereunder, but such
unpaid amounts shall become payable if said Event of Default is thereafter cured; and, further, if
pursuant to the occurrence of an Event of Default under the TIF Development Agreement the HRA
elects to cancel and rescind the TIF Development Agreement, the HRA shall have no further debt
or obligation under this TIF Note whatsoever. Reference is hereby made to all of the provisions
of the TIF Development Agreement, including without limitation Sections 3.3 and 3.4 thereof, for
a fuller statement of the rights and obligations ofthe HRA to pay the principal of and interest on
this TIF Note, and said provisions are hereby incorporated into this TIF Note as though set out in
full herein; provided, ifthere is any conflict between the terms of the TIF Development Agreement
and the terms of this TIF Note, the terms of this TIF Note shall be controlling.
This TIF Note is a special, limited revenue obligation and not a general obligation of the
HRA and is payable by the HRA only from the sources and subject to the qualifications stated or
referenced herein. This Note is not a general obligation of the Housing and Redevelopment
Authority in and for the City of Eden Prairie, Minnesota, and neither the full faith and credit nor
the taxing powers of the City are pledged to the payment of the principal of and interest on this
TIF Note and no property or other asset of the HRA, save and except the above-referenced
Available Tax Increments, is or shall be a source of payment of the HRA's obligations hereunder.
24
This TIF Note is issued by the HRA in aid of financing a project pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes,
Sections 469 .17 4 through 469 .1799.
This TIF Note may be assigned only with the consent of the HRA, which consent must not
be unreasonably withheld or delayed. In order to assign the TIF Note, the assignee shall surrender
the same to the HRA either in exchange for a new fully registered note or for transfer of this TIF
Note on the registration records for the TIF Note maintained by the HRA. Each permitted assignee
shall take this TIF Note subject to the foregoing conditions and subject to all provisions stated or
referenced herein.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required
by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be
performed precedent to and in the issuance of this TIF Note have been done, have happened, and
have been performed in regular and due form, time, and manner as required by law; and that this
TIF Note, together with all other indebtedness of the HRA outstanding on the date hereof and on
the date of its actual issuance and delivery, does not cause the indebtedness of the HRA to exceed
any constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, the Housing and Redevelopment Authority in and for the City
of Eden Prairie, Minnesota, by its Board of Commissioners, has caused this TIF Note to be
executed by the manual signatures of its Chair and Executive Director and has caused this Note to
be issued on and dated as of , 20 _.
Executive Director
Chair
DO NOT EXECUTE UNTIL THE CONSTRUCTION OR THE IMPROVEMENTS HA VE
BEEN COMPLETED AND PAID INVOICES FOR LAND ACQUISITION AND SITE
IMPROVEMENTS ARE GIVEN TO THE HRA-REFER TO SECTION 3.3(1).
25
CERTIFICATION OF REGISTRATION
It is hereby certified that the foregoing Note, as originally issued on , 20 _,
was on said date registered in the name of Paravel Property, LLC a Minnesota limited liability
company, and that, at the request of the Registered Owner of this TIF Note, the undersigned has
this day registered the TIF Note in the name of such Registered owner, as indicated in the
registration blank below, on the books kept by the undersigned for such purposes.
NAME AND ADDRESS OF
REGISTERED OWNER
DATE OF
REGISTRATION
____ ,20_
26
SIGNATURE OF
SECRETARY
EXHIBITC
SITE IMPROVEMENTS
Construction of Affordable Housing
Landscaping, including irrigation
Grading/ earthwork
Engineering
Survey
Environmental Testing
Soil Borings
Site Preparation
Onsite Utilities
Storm Water/Ponding
Outdoor Lighting
Onsite Road, Curb, Gutter, Driveway, Sidewalk and Streetscape Improvements
Parking
EXHIBITD
COMPLIANCE CERTIFICATE
The undersigned does hereby certify that as of the date of this Certificate not less than 20%
of the residential units in the project located at 635 Prairie Center Drive, Eden Prairie, Minnesota
(the "Project") are occupied by individuals whose income is 50 % or less of the Hennepin County
median income. The following Units are the Affordable Units as defined in the Tax Increment
Development Agreement:
1. Unit No. __ Unit Type* __
2. Unit No. __ Unit Type* __
3. Unit No. __ Unit Type* __
4. Unit No. __ Unit Type* __
5. Unit No. __ Unit Type* __
6. Unit No. __ Unit Type* __
7. Unit No. __ Unit Type* __
8. Unit No. __ Unit Type* __
9. Unit No. __ Unit Type* __
10. Unit No. __ Unit Type* __
11. Unit No. __ Unit Type* __
12. Unit No. __ Unit Type* __
13. Unit No. __ Unit Type* __
14. Unit No. __ Unit Type* __
15. Unit No. __ Unit Type* __
16. Unit No. __ Unit Type* __
17 Unit No. __ Unit Type* __
18 Unit No. __ Unit Type* __
19. Unit No. __ Unit Type* __
20. Unit No. __ Unit Type* __
21. Unit No. __ Unit Type* __
22. Unit No. __ Unit Type* __
23. Unit No. __ Unit Type* __
24. Unit No. __ Unit Type* __
25. Unit No. __ Unit Type* __
26. Unit No. __ Unit Type* __
27. Unit No. __ Unit Type* __
28. Unit No. __ Unit Type* __
29. Unit No. __ Unit Type* __
30. Unit No. __ Unit Type* __
31. Unit No. __ Unit Type* __
32. Unit No. __ Unit Type* __
33. Unit No. __ Unit Type* __
34. Unit No. __ Unit Type* __
35. Unit No. __ Unit Type* __
36. Unit No. __ Unit Type* __
37. Unit No. __ Unit Type* __
38. Unit No. __ Unit Type* __
39. Unit No. __ Unit Type* __
40. Unit No. __ Unit Type* __
41. Unit No. __ Unit Type* __
42. Unit No. __ Unit Type* __
43. Unit No. __ Unit Type* __
44. Unit No. __ Unit Type* __
45. Unit No. __ Unit Type* __
46. Unit No. __ Unit Type* __
47. Unit No. __ Unit Type* __
48. Unit No. __ Unit Type* __
49. Unit No. __ Unit Type* __
50. Unit No. __ Unit Type* __
Dated this ____ day of _____ , 20 __ _
By:
Its:
*Indicate: S for Studio Unit; 1 BR for 1 Bedroom Unit; or 2BR for 2 Bedroom Unit.
[Attach income verification required by Section 3.4]
2
EXHIBIT E
FORM OF ASSESSMENT AGREEMENT
THIS AGREEMENT is dated as of , 20 and is between the HOUSING
AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,
MINNESOTA, a public body corporate and politic organized and existing under the laws of the
State of Minnesota (the "HRA"), and Paravel Property, LLC, a Minnesota limited liability
company (the "Owner'').
INCONSIDERATION OF the mutual covenants and benefits herein described, the
HRA and the Owner recite and agree as follows:
Section 1. Recitals.
1.01. Project Plan. The HRA has heretofore developed a Modification to
Redevelopment Plan for Redevelopment Project No. 5 (the "Project Plan"). This modification
represents a continuation of the goals and objective set forth in the Redevelopment Plan for
Redevelopment Project Areas No. 5 and includes the establishment of Tax Increment Financing
District No. 24 -Paravel. The Project Plan includes a Tax Increment Financing Plan for District
No. 24 -Paravel ("TIF Plan''). The TIF Plan outlines certain development activities to be
undertaken which include the development of246 units ofrental housing, of which 50 units (20%)
will be affordable to households at or below 50% of the area median income (the "Project") The
Project is to be owned by the Owner.
1.02. Tax Increment Financing District. Pursuant to the Minnesota Tax Increment
Financing Act, Minnesota Statutes, Sections 469 .17 4 to 469 .1799, as amended (the ''TIF Act"),
the City and the HRA have approved a tax increment financing plan (the "Financing Plan''), which
is the proposed method for financing the development activities currently proposed to be
undertaken relating to the Project. Pursuant to the Financing Plan, the Tax Increment Financing
District Number 24 has been established as a housing district under the TIF Act.
1.03. Implementation. The HRA and the City of Eden Prairie, Minnesota (the
"City"), have each authorized and directed their respective officers to take all actions necessary to
implement and carry out the Project Plan and the Financing Plan. The Project Plan and the
Financing Plan propose that the HRA finance certain costs of or related to the Project, payable
from tax increment (as defined in the TIF Act) derived from the District (''Tax Increment").
1.04. TIF Development Agreement. The HRA and the Owner have entered into an
Amended and Restated Tax Increment Development Agreement dated August 17, 2021 (the ''TIF
Development Agreement''), which provides that the Owner will improve the real property
described in Exhibit A hereto (the "Land") by the construction of the Project thereon. The TIF
Development Agreement provides that upon the execution and delivery of the TIF Development
Agreement, the HRA and Owner are to enter into this Assessment Agreement.
Section 2. Minimum Market Value.
2.01. Agreed Upon Minimum. The Owner agrees that the minimum market value
of the Land and the Project for ad valorem tax purposes, for the assessment made as of January 2,
3
2023, shall be not less than $73,800,000.00 and, except as provided in the TIF Development
Agreement, shall not be reduced by any action taken by the Owner (other than a deed in lieu of, or
under threat of, condemnation by the City of Eden Prairie, Hennepin County or other condemning
authority), to less than the said amount, and that during the term of this Assessment Agreement no
reduction of the market value therefor below said minimum market value shall be sought by the
Owner or granted by any public official or court except in accordance with Minnesota Statutes,
Section 469.177, subdivision 8. This minimum market value shall apply only to the Land, the
Project and any other facilities situated on the Land. In the event of involuntary conversion of the
Land and the Project for any reason (other than condemnation by a public entity), the minimum
market value shall not be reduced to an amount less than said minimum market value
The Owner acknowledges and agrees that the Land and the Project are subject to
ad valorem property taxation and that such property taxes constitute taxes on "real property" (as
provided in Section 469.174, subdivisions 4 and 7(d) ofthe TIF Act) and, to the extent reflecting
net tax capacity rates of taxing jurisdictions levied against the captured net tax capacity of the
District, tax increment.
2.02. Higher Market Value. Nothing in this Assessment Agreement shall limit the
discretion of the city assessor of the City of Eden Prairie or any other public official or body having
the duty to determine the market value of the Land, the Project and other facilities on the Land for
ad valorem tax purposes, to assign to the Land, the Project or to any other improvements
constructed on the Land, on a nondiscriminatory basis and treated fairly and equally with all other
property so classified in the respective counties, a market value in excess of the minimum market
value specified in Section 2.01. The Owner agrees not to contest any estimated assessor's
estimated value in excess of said minimum market value.
2.03. Substantial Completion. For purposes of this Assessment Agreement and the
determination of the market value of the Land and the Project for ad valorem tax purposes, the
Owner agrees that the Project shall be deemed to be completed in accordance with the TIF
Development Agreement as of December 31, 2023 (the required date of completion), whether in
fact completed or not.
Section 3. Filing and Certification.
3.01. Assessor Certification. The HRA shall present this Assessment Agreement
to the city assessor of the City ofEden Prairie and request such assessor to execute the certification
attached hereto as Exhibit C. The Owner shall provide to the assessor all information relating to
the Land and the Project requested by the assessor for the purposes of discharging the assessor's
duties with respect to the certification.
3.02. Filing. Prior to the recording of any mortgage, security agreement or other
instrument creating a lien on the Land and in any event not less than 30 days after the execution
of this Assessment Agreement, the Owner shall cause this Assessment Agreement and a copy of
Minnesota Statutes, Section 469.177, subdivision 8, attached hereto as Exhibit B, to be recorded
in the office of the County Recorder or Registrar of Titles of Hennepin County, and shall pay all
costs of such recording.
Section 4. Relation to TIF Development Agreement. The covenants and
agreements made by the Owner in this Assessment Agreement are separate from and in addition
to the covenants and agreements made by the Owner in the TIF Development Agreement and
4
nothing contained herein shall in any way alter, diminish or supersede the duties and obligations
of the Owner under the TIP Development Agreement.
Section 6. Miscellaneous Provisions.
6.01. Binding Effect. This Assessment Agreement shall inure to the benefit of and
shall be binding upon the HRA and the Owner and their respective successors and assigns, and
upon all subsequent owners of the Land and the Project.
6.02. Severability. In the event any provision of this Assessment 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.
6.03. Amendments, Changes and Modifications. Except as provided in
Section 5.04, this Assessment Agreement may be amended or any of its terms modified only by
written amendment authorized and executed by the HRA and the Owner and otherwise in
compliance with Section 469.177, subdivision 8, of the Act.
6.04. Further Assurances and Corrective Instruments. The HRA and the Owner
agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed,
acknowledged or delivered, such supplements hereto and such further instruments as may
reasonably be required for correcting any inadequate or incorrect description of the Land or the
Project, or for carrying out the expressed intention of this Assessment Agreement.
6.05. Execution Counterparts. This Assessment Agreement may be
simultaneously executed in several counterparts, each of which shall be an original and all of which
shall constitute but one and the same instrument.
6.06. Applicable Law. This Assessment Agreement shall be governed by and
construed in accordance with the internal laws of the State of Minnesota.
6.07. Captions. The captions or headings in this Assessment Agreement are for
convenience only and in no way define, limit or describe the scope or intent of any provisions or
Sections of this Assessment Agreement.
6.08. Effective Date. This Assessment Agreement shall be effective as of August
17, 2021.
6.09. Termination Date. This Assessment Agreement shall terminate upon the
termination of the District in accordance with Minnesota Statutes, Section 469.176, subdivision 1.
6.10. Definitions. Terms used with initial capital letters but not defined herein
shall have the meanings given such terms in the TIP Development Agreement, unless the context
hereof clearly requires otherwise.
5
IN WITNESS WHEREOF, the HRA has caused this Assessment Agreement to be
executed in its name by its duly authorized officers and the Owner has caused this Assessment
Agreement to be executed in its corporate name.
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
HOUSING AND REDEVELOPMENT IN AND
FOR THE CITY OF EDEN PRAIRIE,
MINNESOTA
By~~~~~~~~~~~~
Its Chair
By~~~~~~~~~~~~~~~-
Its Executive Director
The foregoing instrument was acknowledged before me this day
of , 2021, by Ronald A. Case, the Chair and Rick Getschow, the Executive
Director respectively of the Housing and Redevelopment Authority in and for the City of Eden
Prairie, Minnesota, a public body corporate and politic organized and existing under the laws of
the State of Minnesota, on behalf of the public body.
Notary Public
6
Paravel Property, LLC
STATE OF MINNESOTA)
) SS.
COUNTY OF ___ ~
The foregoing instrument was acknowledged before me this day of
____________ , 2021, by , the President of
Paravel Property, LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
This document drafted by:
Gregerson, Rosow, Johnson & Nilan, Ltd.
100 Washington Ave S, Suite 1550
Minneapolis, MN 55401
(612) 338-0755
7
EXHIBIT A TO EXHIBIT E
DESCRIPTION OF LAND
Lot 1, Block 1, Castle Ridge 4th Addition, Hennepin County, Minnesota
8
EXHIBIT B TO EXHIBIT E
COPY OF MINNESOTA STATUTES, SECTION 469.177, SUBDIVISION 8
Assessment agreements. An authority may enter into a written assessment agreement with any
person establishing a minimum market value ofland, existing improvements, or improvements to
be constructed in a district, ifthe property is owned or will be owned by the person. The minimum
market value established by an assessment agreement may be fixed, or increase or decrease in later
years from the initial minimum market value. If an agreement is fully executed before July 1 of
an assessment year, the market value as provided under the agreement must be used by the county
or local assessor as the taxable market value of the property for that assessment. Agreements
executed on or after July 1 of an assessment year become effective for assessment purposes in the
following assessment year. An assessment agreement terminates on the earliest of the date on
which conditions in the assessment agreement for termination are satisfied, the termination date
specified in the agreement, or the date when tax increment is no longer paid to the authority under
section 469.176, subdivision 1. The assessment agreement shall be presented to the county
assessor, or city assessor having the powers of the county assessor, of the jurisdiction in which the
tax increment financing district and the property that is the subject of the agreement is located.
The assessor shall review the plans and specifications for the improvements to be constructed,
review the market value previously assigned to the land upon which the improvements are to be
constructed and, so long as the minimum market value contained in the assessment agreement
appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following
certification upon the agreement:
The undersigned assessor, being legally responsible for the
assessment of the above described property, certifies that the market
values assigned to the land and improvements are reasonable.
The assessment agreement shall be filed for record and recorded in the office of the county recorder
or the registrar of titles of each county where the real estate or any part thereof is situated. After
the agreement becomes effective for assessment purposes, the assessor shall value the property
under section 273 .11, except that the market value assigned shall not be less than the minimum
market value established by the assessment agreement. The assessor may assign a market value
to the property in excess of the minimum market value established by the assessment agreement.
The owner of the property may seek, through the exercise of administrative and legal remedies, a
reduction in market value for property tax purposes, but no city assessor, county assessor, county
auditor, board of review, board of equalization, commissioner of revenue, or court of this state
shall grant a reduction of the market value below the minimum market value established by the
assessment agreement during the term of the agreement filed of record regardless of actual market
values which may result from incomplete construction of improvements, destruction, or
diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition
of the property by a public entity. Recording an assessment agreement constitutes notice of the
agreement to anyone who acquires any interest in the land or improvements that is subject to the
assessment agreement, and the agreement is binding upon them.
An assessment agreement may be modified or terminated by mutual consent of the current parties
to the agreement. Modification or termination of an assessment agreement must be approved by
the governing body of the municipality. If the estimated market value forthe property for the most
recently available assessment is less than the minimum market value established by the assessment
agreement for that or any later year and if bond counsel does not conclude that termination of the
9
agreement is necessary to preserve the tax exempt status of outstanding bonds or refunding bonds
to be issued, the modification or termination of the assessment agreement also must be approved
by the governing bodies of the county and the school district. A document modifying or
terminating an agreement, including records of the municipality, county, and school district
approval, must be filed for record. The assessor's review and certification are not required ifthe
document terminates an agreement. A change to an agreement not fully executed before July 1 of
an assessment year is not effective for assessment purposes for that assessment year. If an
assessment agreement has been modified or prematurely terminated, a person may seek a reduction
in market value or tax through the exercise of any administrative or legal remedy. The remedy
may not provide for reduction of the market value below the minimum provided under a modified
assessment agreement that remains in effect. In no event may a reduction be sought for a year
other than the current taxes payable year.
10
EXHIBIT C TO EXHIBIT E
ASSESSOR'S CERTIFICATE
The undersigned, being the duly qualified and acting assessor of the City of Eden
Prairie, Minnesota, hereby certifies that.
1. I am the assessor responsible for the assessment of the Land described in the
foregoing Exhibit A;
2. I have read the foregoing Assessment Agreement dated as of August 17, 2021;
3. I have received and read a duplicate original of the TIF Development Agreement
referred to in the Assessment Agreement;
4. I have received and reviewed the architectural and engineering plans and
specifications for the Project agreed to be constructed on the Land pursuant to the TIF
Development Agreement;
5. I have received and reviewed an estimate prepared by the Owner of the cost of
the Land and the Project to be constructed thereon;
6. I have reviewed the market value previously assigned to the Land on which the
Project is to be constructed, and the minimum market value to be assigned to the Land and the
Project by the Assessment Agreement is a reasonable estimate; and
7. I hereby certify that the market value assigned to the Land and the Project
described on the foregoing Exhibit A by the Assessment Agreement is reasonable and the market
value assigned to the Land and the Project, for the assessment January 2, 2023, shall be not less
than $73,800,000.
City Assessor, City of Eden Prairie, Minnesota
11
EXHIBIT F
Income Limits and Maximum Rents
Minnesota Housing Fina..'1.ce Age:<.cy Income Li.mi t• And Maxiaum Rent• Date Run: 04/14/2021
Table X: Project.• Placed in Service ou or after 04/01/2021 Page 14 of 44
Efftttt\.-r-Datie-: 04/01/2021
------Incomt Limits By HOUS<bold SIU --------
2 3 4 5
14,700 16.800 IL900 20,980 11.660 24,340 26.020 27,700
22.050 25.200 28.350 31,470 33.990 36,510 39,030 41-550
29.400 33.600 37,800 41-960 45.320 48,680 52,040 55.400
36.750 42.000 47,250 52.450 56.650 60.850 65.050 69.250
60% +uoo 50-400 56,700 62-940 67,980 73,020 78.060 83-100
51-450 58.800 66.150 73,430 79,310 85,190 91-070 96,950
58-800 67,100 75,600 83,920 90.640 97,360 104.080 110.800
---Maximum Gross R"'ts By Btdroom Siz<(l'ost 1989)--
0 I 3 4 6
367 393 472 545 608 671 734
551 590 708 818 912 1-007 I.IOI
735 787 945 1.091 1,217 1-343 1.468
918 984 1.181 1,363 1-521 1-678 1-835
1.102 1.181 1.417 1-636 1.825 2-014 2.202
1-286 U78 1.653 1.909 2.129 2.350 2,570
1.470 1-575 1.890 2,182 1.434 !.686 2,937
12
Apartment Name Complex
Address
Rent Limits:
Affordable @
50% of Median
Apartment
Number
1694342lv6
Units
Number of Style
Bedrooms
EXHIBITG
RENT ROLL CERTIFICATE
EXHIBIT G COMPLIANCE CERTIFICATE
Rent Limits mm/dd/yyyy to mm/dd/yyyy
I Bedroom
$
Household
Size
2 Bedroom
$
Market
Rent
13
$
2 Bedroom/
Den
Max Rent
50%of
Median
3Bedroom
Application
Date
YYYY YYYY Initial
Initial Gross Income Limit
Annual
Income
EXHIBITH
INCLUSION ARY HOUSING COMPLIANCE CERTIFICATE
The undersigned does hereby certify that as of the date of this Certificate not less than 13
of the residential units in the project located at 635 Prairie Center Drive, Eden Prairie, Minnesota
(the "Project'') are occupied by individuals whose income is either 80% or 100% or less
of the Hennepin County area median income. The following Units are the IH as defined in the
Tax Increment Development Agreement:
1. Unit No. __ Unit Type* __ 80%
2. Unit No. __ Unit Type* __ 80%
3. Unit No. __ Unit Type* __ 80%
4. Unit No. __ Unit Type* __ 80%
5. Unit No. __ Unit Type* __ 80%
6. Unit No. __ Unit Type* __ 80%
7. Unit No. __ Unit Type* __ 80%
8. Unit No. __ Unit Type* __ 100%
9. Unit No. __ Unit Type* __ 100%
10. Unit No. __ Unit Type* __ 100%
11. Unit No. __ Unit Type* __ 100%
12. Unit No. __ Unit Type* __ 100%
13. Unit No. __ Unit Type* __ 100%
Dated this ____ day of _____ , 20 __ _
By:
*Indicate: S for Studio Unit; !BR for 1 Bedroom Unit; or 2BR for 2 Bedroom Unit.
14
EXHIBIT I
AVAILABLE TAX INCREMENT
Exhibit I
CITY OF EDEN PRAIRIE
Paravel Multifamily Housing
Anticipated Years Percent of Tax
Payment Increments to
Date Project
("Available Tax
Increments")
8/1/2023 0.5 97%
2/1/2024 1 97%
8/1/2024 1.5 97%
2/1/2025 2 97%
8/1/2025 2.5 97%
2/1/2026 3 97%
8/1/2026 3.5 97%
2/1/2027 4 97%
8/1/2027 4.5 97%
2/1/2028 5 97%
8/1/2028 5.5 97%
2/1/2029 6 97%
8/1/2029 6.5 97%
2/1/2030 7 97%
8/1/2030 7.5 80%
2/1/2031 8 80%
8/1/2031 8.5 80%
2/1/2032 9 80%
8/1/2032 9.5 60%
2/1/2033 10 60%
8/1/2033 10.5 60%
2/1/2034 11 60%
8/1/2034 11.5 50%
2/1/2035 12 50%
8/1/2035 12.5 50%
2/1/2036 13 50%
8/1/2036 13.5 50%
15
2/1/2037 14 50%
8/1/2037 14.5 50%
2/1/2038 15 50%
8/1/2038 15.5 50%
2/1/2039 16 50%
8/1/2039 16.5 50%
2/1/2040 17 50%
8/1/2040 17.5 50%
2/1/2041 18 50%
8/1/2041 18.5 50%
2/1/2042 19 50%
8/1/2042 19.5 50%
2/1/2043 20 50%
8/1/2043 20.5 50%
2/1/2044 21 50%
8/1/2044 21.5 50%
2/1/2045 22 50%
8/1/2045 22.5 50%
2/1/2046 23 50%
8/1/2046 23.5 50%
2/1/2047 24 50%
8/1/2047 24.5 50%
2/1/2048 25 50%
8/1/2048 25.5 50%
2/1/2049 26 50%
16
EXHIBIT J -PAGE -1
INCOME CERTIFICATION
CONFIDENTIAL
CITY OF EDEN PRAIRIE
TIF DISTRICT: TIF 24
DATE OF TIF AGREEMENT: _________ _
PROPERTY NAME: Paravel
ADDRESS: 635 Prairie Center Drive, Eden Prairie, Minnesota
UNIT# -----
The below annual income levels by household size represent incomes that are at 50% of the Area
Median Income for Hennepin County in 20_ as provided by the Minnesota Housing Finance
Agency. Household incomes includes social security benefits.
20_ [insert current year]
INCOME CERTIFICATION
Residents Legal Name(s): I. ______________ _
2. ---------------
Combined household income is: (please identify household size and income)
Number of individuals in household -----
Household Income is : $ ________ _
I declare that this certifzcation is correct and complete to the best of my knowledge and belief.
Resident's Signature (1) Resident's Signature (2)
Print Name of Resident (I) Print Name of Resident (2)
Date Date
Resident's Responsible Party/POA Signature (if Date
applicable)
Resident's Responsible Party/POA Signature (if
applicable -please print)
17
EXHIBIT J -PAGE 2
FOR EACH AFFORDABLE UNIT and IH UNIT PROVIDE THE FOLLOWING
INFORMATION:
UNIT
20 _ [insert current year]
INCOME CERTIFICATION
Residents Legal Name(s): I. ______________ _
2. ---------------
It is our determination that the above annual income levels by household size identified on this
Exhibit J -Page 1 fall within the qualifying limits of the respective Section 3.4 (1) (A), (C), (D)
and/or (F) and Section 142(d) of the Internal Revenue Code) (as applicable) of the Area Median
Income for Hennepin County in 20_ as provided by the Minnesota Housing Finance Agency.
Household incomes includes social security benefits.
I declare that this certification is correct and complete to the best of my knowledge and belief
and that the determination of qualification was made in compliance with Section 142(d) of the
Internal Revenue Code.
Dated this ____ day of _____ , 20 __ _
PARA VEL PROPERTY, LLC
By:
Its:
18
ASSESSMENT AGREEMENT
THIS AGREEMENT is dated as of August 17, 2021 and is between the HOUSING
AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE,
MINNESOTA, a public body corporate and politic organized and existing under the laws of the
State of Minnesota (the "HRA"), and Paravel Property, LLC, a Minnesota limited liability
company (the "Owner").
IN CONSIDERATION OF the mutual covenants and benefits herein described, the
HRA and the Owner recite and agree as follows:
Section 1. Recitals.
1.01. Project Plan. The HRA has heretofore developed a Modification to
Redevelopment Plan for Redevelopment Project No. 5 (the "Project Plan"). This modification
represents a continuation of the goals and objective set forth in the Redevelopment Plan for
Redevelopment Project Areas No. 5 and includes the establishment of Tax Increment Financing
District No. 24 -Paravel. The Project Plan includes a Tax Increment Financing Plan for District
No. 24 -Paravel (''TIF Plan''). The TIF Plan outlines certain development activities to be
undertaken which include the development of246 units ofrental housing, of which 50 units (20%)
will be affordable to households at or below 50% of the area median income (the "Project") The
Project is to be owned by the Owner.
1.02. Tax Increment Financing District. Pursuant to the Minnesota Tax Increment
Financing Act, Minnesota Statutes, Sections 469.174 to 469.1799, as amended (the ''TIF Act"),
the City and the HRA have approved a tax increment financing plan (the "Financing Plan"), which
is the proposed method for financing the development activities currently proposed to be
undertaken relating to the Project. Pursuant to the Financing Plan, the Tax Increment Financing
District Number 24 has been established as a housing district under the TIF Act.
1.03. Implementation. The HRA and the City of Eden Prairie, Minnesota (the
"City"), have each authorized and directed their respective officers to take all actions necessary to
implement and carry out the Project Plan and the Financing Plan. The Project Plan and the
Financing Plan propose that the HRA finance certain costs of or related to the Project, payable
from tax increment (as defined in the TIF Act) derived from the District ("Tax Increment").
1.04. TIF Development Agreement. The HRA and the Owner have entered into an
Amended and Restated Tax Increment Development Agreement dated August 17, 2021 (the ''TIF
Development Agreement"), which provides that the Owner will improve the real property
described in Exhibit A hereto (the "Land") by the construction of the Project thereon. The TIF
Development Agreement provides that upon the execution and delivery of the TIF Development
Agreement, the HRA and Owner are to enter into this Assessment Agreement.
Section 2. Minimum Market Value.
2.01. Agreed Upon Minimum. The Owner agrees that the minimum market value
of the Land and the Project for ad valorem tax purposes, for the assessment made as of January 2,
2023, shall be not less than $73,800,000.00 and, except as provided in the TIF Development
Agreement, shall not be reduced by any action taken by the Owner (other than a deed in lieu of, or
under threat of, condemnation by the City of Eden Prairie, Hennepin County or other condemning
authority), to less than the said amount, and that during the term of this Assessment Agreement no
reduction of the market value therefor below said minimum market value shall be sought by the
Owner or granted by any public official or court except in accordance with Minnesota Statutes,
Section 469.177, subdivision 8. This minimum market value shall apply only to the Land, the
Project and any other facilities situated on the Land. In the event of involuntary conversion of the
Land and the Project for any reason (other than condemnation by a public entity), the minimum
market value shall not be reduced to an amount less than said minimum market value
The Owner acknowledges and agrees that the Land and the Project are subject to
ad valorem property taxation and that such property taxes constitute taxes on "real property" (as
provided in Section 469.174, subdivisions 4 and 7(d) of the TIF Act) and, to the extent reflecting
net tax capacity rates of taxing jurisdictions levied against the captured net tax capacity of the
District, tax increment.
2.02. Higher Market Value. Nothing in this Assessment Agreement shall limit the
discretion of the city assessor of the City of Eden Prairie or any other public official or body having
the duty to determine the market value of the Land, the Project and other facilities on the Land for
ad valorem tax purposes, to assign to the Land, the Project or to any other improvements
constructed on the Land, on a nondiscriminatory basis and treated fairly and equally with all other
property so classified in the respective counties, a market value in excess of the minimum market
value specified in Section 2.01. The Owner agrees not to contest any estimated assessor's
estimated value in excess of said minimum market value.
2.03. Substantial Completion. For purposes of this Assessment Agreement and the
determination of the market value of the Land and the Project for ad valorem tax purposes, the
Owner agrees that the Project shall be deemed to be completed in accordance with the TIF
Development Agreement as of December 31, 2023 (the required date of completion), whether in
fact completed or not.
Section 3. Filing and Certification.
3.01. Assessor Certification. The HRA shall present this Assessment Agreement
to the city assessor of the City of Eden Prairie and request such assessor to execute the certification
attached hereto as Exhibit C. The Owner shall provide to the assessor all information relating to
the Land and the Project requested by the assessor for the purposes of discharging the assessor's
duties with respect to the certification.
3.02. Filing. Prior to the recording of any mortgage, security agreement or other
instrument creating a lien on the Land and in any event not less than 30 days after the execution
of this Assessment Agreement, the Owner shall cause this Assessment Agreement and a copy of
Minnesota Statutes, Section 469.177, subdivision 8, attached hereto as Exhibit B, to be recorded
in the office of the County Recorder or Registrar of Titles of Hennepin County, and shall pay all
costs of such recording.
2
Section 4. Relation to TIF Development Agreement. The covenants and
agreements made by the Owner in this Assessment Agreement are separate from and in addition
to the covenants and agreements made by the Owner in the TIF Development Agreement and
nothing contained herein shall in any way alter, diminish or supersede the duties and obligations
of the Owner under the TIF Development Agreement.
Section 6. Miscellaneous Provisions.
6.01. Binding Effect. This Assessment Agreement shall inure to the benefit of and
shall be binding upon the HRA and the Owner and their respective successors and assigns, and
upon all subsequent owners of the Land and the Project.
6.02. Severability. In the event any provision of this Assessment 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.
6.03. Amendments, Changes and Modifications. Except as provided in
Section 5.04, this Assessment Agreement may be amended or any of its terms modified only by
written amendment authorized and executed by the HRA and the Owner and otherwise in
compliance with Section 469.177, subdivision 8, of the Act.
6.04. Further Assurances and Corrective Instruments. The HRA and the Owner
agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed,
acknowledged or delivered, such supplements hereto and such further instruments as may
reasonably be required for correcting any inadequate or incorrect description of the Land or the
Project, or for carrying out the expressed intention of this Assessment Agreement.
6.05. Execution Counterparts. This Assessment Agreement may be
simultaneously executed in several counterparts, each of which shall be an original and all of which
shall constitute but one and the same instrument.
6.06. Applicable Law. This Assessment Agreement shall be governed by and
construed in accordance with the internal laws of the State of Minnesota.
6.07. Captions. The captions or headings in this Assessment Agreement are for
convenience only and in no way define, limit or describe the scope or intent of any provisions or
Sections of this Assessment Agreement.
6.08. Effective Date. This Assessment Agreement shall be effective as of August
17, 2021.
6.09. Termination Date. This Assessment Agreement shall terminate upon the
termination of the District in accordance with Minnesota Statutes, Section 469.176, subdivision I.
6.10. Definitions. Terms used with initial capital letters but not defined herein
shall have the meanings given such terms in the TIF Development Agreement, unless the context
hereof clearly requires otherwise.
3
IN WITNESS WHEREOF, the HRA has caused this Assessment Agreement to be
executed in its name by its duly authorized officers and the Owner has caused this Assessment
Agreement to be executed in its corporate name.
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN )
HOUSING AND REDEVELOPMENT IN AND
FOR THE CITY OF EDEN PRAIRIE,
MINNESOTA
By~~~~~~~~~~~~~~~
Its Chair
By~~~~~~~~~~~~
Its Executive Director
The foregoing instrument was acknowledged before me this day
of , 2021, by Ronald A. Case, the Chair and Rick Getschow, the Executive
Director respectively of the Housing and Redevelopment Authority in and for the City of Eden
Prairie, Minnesota, a public body corporate and politic organized and existing under the laws of
the State of Minnesota, on behalfofthe public body.
Notary Public
4
STATE OF MINNESOTA)
11 ) SS.
COUNTY OF +tlHlllf trt )
Paravel Property, LLC
By~~~
Matthew R. Fransen
Its Manager
'1"-
The foregoing instrument was acknowledged before me this r day of
--L-i--'-'--J~--4----------' 2021, by Matthew R. Fransen, the Manager of Paravel Property,
Notary PuG~ompany, on behalf of the company.
This document drafted by:
Gregerson, Rosow, Johnson & Nilan, Ltd.
100 Washington Ave S, Suite 1550
Minneapolis, MN 55401
(612) 338-0755
5
----------------. JESSICA MARIE CLAUSEN
NOTARY PUBLIC -MINNESOTA
MY COMMISSION EXPIRES 01/31/26
EXHIBIT A
DESCRIPTION OF LAND
Lot I, Block I, Castle Ridge 4th Addition, Hennepin County, Minnesota
6
EXHIBITB
COPY OF MINNESOTA STATUTES, SECTION 469.177, SUBDIVISION 8
Assessment agreements. An authority may enter into a written assessment agreement with any
person establishing a minimum market value ofland, existing improvements, or improvements to
be constructed in a district, ifthe property is owned or will be owned by the person. The minimum
market value established by an assessment agreement may be fixed, or increase or decrease in later
years from the initial minimum market value. If an agreement is fully executed before July 1 of
an assessment year, the market value as provided under the agreement must be used by the county
or local assessor as the taxable market value of the property for that assessment. Agreements
executed on or after July 1 of an assessment year become effective for assessment purposes in the
following assessment year. An assessment agreement terminates on the earliest of the date on
which conditions in the assessment agreement for termination are satisfied, the termination date
specified in the agreement, or the date when tax increment is no longer paid to the authority under
section 469.176, subdivision 1. The assessment agreement shall be presented to the county
assessor, or city assessor having the powers of the county assessor, of the jurisdiction in which the
tax increment financing district and the property that is the subject of the agreement is located.
The assessor shall review the plans and specifications for the improvements to be constructed,
review the market value previously assigned to the land upon which the improvements are to be
constructed and, so long as the minimum market value contained in the assessment agreement
appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following
certification upon the agreement:
The undersigned assessor, being legally responsible for the
assessment of the above described property, certifies that the market
values assigned to the land and improvements are reasonable.
The assessment agreement shall be filed for record and recorded in the office of the county recorder
or the registrar of titles of each county where the real estate or any part thereof is situated. After
the agreement becomes effective for assessment purposes, the assessor shall value the property
under section 273.11, except that the market value assigned shall not be less than the minimum
market value established by the assessment agreement. The assessor may assign a market value
to the property in excess of the minimum market value established by the assessment agreement.
The owner of the property may seek, through the exercise of administrative and legal remedies, a
reduction in market value for property tax purposes, but no city assessor, county assessor, county
auditor, board of review, board of equalization, commissioner of revenue, or court of this state
shall grant a reduction of the market value below the minimum market value established by the
assessment agreement during the term of the agreement filed of record regardless of actual market
values which may result from incomplete construction of improvements, destruction, or
diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition
of the property by a public entity. Recording an assessment agreement constitutes notice of the
agreement to anyone who acquires any interest in the land or improvements that is subject to the
assessment agreement, and the agreement is binding upon them.
An assessment agreement may be modified or terminated by mutual consent of the current parties
to the agreement. Modification or termination of an assessment agreement must be approved by
7
the governing body of the municipality. If the estimated market value for the property for the most
recently available assessment is less than the minimum market value established by the assessment
agreement for that or any later year and if bond counsel does not conclude that termination of the
agreement is necessary to preserve the tax exempt status of outstanding bonds or refunding bonds
to be issued, the modification or termination of the assessment agreement also must be approved
by the governing bodies of the county and the school district. A document modifying or
terminating an agreement, including records of the municipality, county, and school district
approval, must be filed for record. The assessor's review and certification are not required if the
document terminates an agreement. A change to an agreement not fully executed before July I of
an assessment year is not effective for assessment purposes for that assessment year. If an
assessment agreement has been modified or prematurely terminated, a person may seek a reduction
in market value or tax through the exercise of any administrative or legal remedy. The remedy
may not provide for reduction of the market value below the minimum provided under a modified
assessment agreement that remains in effect. In no event may a reduction be sought for a year
other than the current taxes payable year.
8
EXHIBITC
ASSESSOR'S CERTIFICATE
[insert executed certificate]
9
APPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, JULY 13, 2021 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS
6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, 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, City Attorney Maggie Neuville, and Recorder Jan Curielli
Workshop - Heritage Room II
I. 2022-2023 BUDGET
Case noted he has heard the Council budget is a singularly historical legacy document of the
Council and is the record that shows what each City Council has prioritized during their time in
office. While the staff does the hard work of assembling the budget, the undergirding philosophy comes from the Council. The Council always appreciates the hard work of the staff as we review the budget several times over the next few months.
Getschow explained staff will come back in September with the preliminary levy and will
continue to work during the fall on the Enterprise Funds before the budget is finalized in December. The initial document described in tonight’s PowerPoint kicks off everything with the proposed budget presentation. We will continue to develop the budget throughout the year.
Before getting into discussion of the proposed budget, Getschow said he wanted to review
some of the details regarding the Federal COVID dollars. Last year we had presentations about the 2020 Coronavirus Aid, Relief, and Economic Security (CARES) Act program and received the audit for that in May of this year. On May 29, 2021, the City received over $3,700,000 as part of the 2021 American Rescue Plan. We are scheduled to receive a second similar payment
a year from that date. The funds received are to be used for COVID-related items until the year 2026. Interim guidance has been issued for use of the funds, and final guidance will be issued after July 17, 2021. Sue Kotchevar and Tami Wilson are the City’s point people for the American Rescue Plan funding, and auditors will have final audit guidance in December. It is an evolving process in terms of allowable uses for the funds. These funds can be used for our
loss of revenue, which is our biggest issue, and we can also use the funds for such things as infrastructure. Fortunately, we do not need to set aside any of the funds for infrastructure right now because we have our Capital Improvement Plan funding available for those projects. We cannot use the American Rescue Plan funds to lower property taxes.
Case asked if the guidance for use of the American Rescue Plan funds will be less stringent than it was for the CARES Plan. Kotchevar replied we are still learning about items that are actually eligible for use, and it may actually be more stringent than the first package. She
City Council Workshop Minutes July 13, 2021
Page 2 explained it is an education process as we learn for what we can and cannot use the funds. She noted there is a lot of reporting required for use of the funds. Getschow added the funds can be
used to cover eligible government services to the extent of the loss of revenue, which was not
true for CARES funding. We do have anticipated revenue shortfalls for 2022 and 2023 as well as the shortfalls that occurred in 2020 and 2021. Getschow observed there are many different eyes on the City budget process. The Council has
already had discussions about priorities, the results of the Quality of Life Survey, and a review
of the work plans for every division in the City. He displayed the Building Inspections Division work plan as an example of the plans each division prepares to reflect their objectives for the coming years. He reviewed the 2021 City Council priorities: implementation of the Housing Task Force report, sustainability initiatives, the race equity initiative, small business
support, coordination with City non-profits, light rail opening day communication/planning
and post-COVID community engagement. A review of the Quality of Life survey results discussed by the Council in April shows the City continues to be among the top cities in the nation in terms of being a highly desirable place to live with highly-rated City services. The survey showed public transportation and light rail are a focus of the community. The over-
arching City-wide goals were based on the 2016 and 2018 surveys and include community
well-being and safety, high quality efficient services, preserved and beautiful environment, sense of community, innovative and sustainable practices, and economic vitality. The specific goals for the 2022-2023 budget are centered around providing value to citizens by maintaining high quality City services with reasonable tax impacts, maintaining a strong financial position
and bond rating through such means as a balanced budget, conservative estimates of revenues
and expenditures, capital planning, and sustaining current levels of employee morale and engagement. He noted our development revenue has continually exceeded our budget amount, but we don’t want to get to the point where we rely on that continuing to be true. We must continue to conservatively estimate our revenues and expenditures.
Case related the 1990-1994 City Council bought down the tax levy with revenue received from property sales and development to keep taxes artificially low. That action brought about the situation in 1995-1999 where budget levies had to be increased 5-7% to catch up. Fortunately, there was a very robust economy during those years which helped to keep the tax levy from
rising abruptly.
Getschow explained the budget includes funding for a 3.0% base wage increase, or a total wage increase of 5.1% and 4.4% in 2022 and 2023 if the new positions and step increases are included. Health and dental insurance are also part of the total wage increase, and those are
dealt with as part of a five-year increment process with some negotiated max caps in place. We
are currently in the fourth year of the five-year process for health insurance negotiations. Narayanan asked about the max caps on health and dental insurance. Rose explained we negotiate for periods of four or five years with health and dental insurers for our contract for
co-insurance, and that includes the maximum caps for “not-to-exceed” premium increases.
Case asked if we could buffer that if we joined a larger group. Rose replied we are able to do that, but thus far we have not wanted to because we have a good claims experience with which to negotiate. We have a long relationship with Health Partners and, thus far, have been able to negotiate for good prices directly with them.
City Council Workshop Minutes July 13, 2021
Page 3 Getschow reviewed the new positions proposed to be added in 2022 and 2023 which included an additional City Forester, a Police-Social Services Outreach coordinator, a 911 dispatcher for
the Police Department, and an additional Assistant Fire Chief in 2022. For 2023, an additional
Police officer and a full-time Fire Admin Assistant are included. Nelson asked why we need to add a City Forester. Lotthammer replied the position is for both forestry and natural resources. We currently have one forest technician for all the work we
have which includes converting much of our turf to natural grasses and working with the State
DNR and Hennepin County. By adding another forester, the current forester will be able to work at a higher level. The position is as much about natural resources as it is the forestry part. Freiberg asked if there would be any value to move up the additional Police Officer from 2023
to 2022 because the environment is right and there would most likely be very strong support
for that strategy. There also may be opportunities to add qualified candidates as officers leave positions in other cities. Getschow explained the proposed budget includes more new positions in 2022 than in 2023, so adding another position in 2022 would put pressure on the budget. Chief Sackett stated his department is fortunate to be getting qualified candidates to fill open
positions and is comfortable with waiting another year to add another officer. They are very
excited about the Police-Social Services Outreach coordinator position proposed for 2022. That individual will be able to review what we do and suggest changes. Narayanan asked about the Police Department’s current strategies in the social services
outreach area. Chief Sackett replied a lot of the work in that area is not getting done because
we must rely on Hennepin County to provide those services and the County is understaffed. The new coordinator would provide reassurance the Police Department is able to take care of situations beyond the initial response if that is needed.
Nelson said she assumed the social services outreach coordinator would help to avoid some of
the problems that may occur for which we are not able to do follow ups. Chief Sackett replied the new person would have a background in crime analysis as well as experience with the mental health and chemical dependency calls the department receives.
Case stated he would go along with the staff recommendations, but staff should also know the
Council would be amenable to shifting funds for the additional police officer to 2022. Toomey asked how the construction of the light rail will impact the number of officers and police funding. Getschow explained the fact the SWLRT comes in 2024 is a part of the
proposed changes. We have added three officers in the last four years as we ramp up for the
opening of the SWLRT. Toomey asked about the use of reserve officers on the trains. Sackett replied all our officers there will be stationery or will be assigned to ride the train back and forth, and all of them can serve as an extra contact for the community.
Nelson has heard concerns about the possibility of riders who take the train downtown, return
to the station having had too much to drink, and then have to drive home from the transit station in that inebriated condition. She suggested the Southwest Transit PRIME service work on a plan to offer service to take people to their homes after they return on the LRT if they are in no condition to drive home.
City Council Workshop Minutes July 13, 2021
Page 4 Case suggested that we begin work later this year or at least early in 2022 to develop a policy or a plan of action to address concerns about the coming LRT and how we will handle
additional police hired for that assignment. We could then let the community know we are
excited about the LRT and are working on an action plan that has dollars and people behind it and are ready for the possibilities afforded by light rail. Getschow noted we have set that as a major goal of the Council and are working on that this year. Case suggested we let people know early on that we have a work study and are doing things such as talking to other
municipalities. The Council is already getting some contacts from people with concerns about
what we are going to do about the SWLRT. We need to let them know we are preparing for the possibilities and the ramifications of the SWLRT. Getschow continued reviewing other highlights of the budget including the 2022 Election Year
costs, employee health insurance enhancement, workers’ compensation increase, and increased
IT services. We add six figures or more for a general election year, especially with the large increase in numbers of absentee voters. We will have enhancements to the employer share of certain employee’s health insurance. There is an increase in workers’ compensation tied to the entire State of Minnesota. There is a sizable increase in the IT services budget for a number of
items, including the cost of maintenance and storage of the police body cameras. Chief Sackett
noted some testing and other actions are necessary, but the body cameras can be put in use in early August. Getschow reviewed the General Fund revenue budget and the revenue challenges we are
facing. He reported the Community Center membership declined from close to 3,000 members
in 2019 to 1,100 members in 2021. The projected revenue from the Community Center is $800,000 for 2021, but the 2021 budget was projected to be $2,200,000 when we set that figure two years ago. He noted we have set the revenue budget for 2022 and 2023 at conservative amounts of $1,100,000 and $1,400,000, respectively.
Case noted we would also have savings for the expenditures for the Community Center during the past 1-1/2 years. Kotchevar noted the facility was actually closed down for part of the year 2020; however, we are currently running the facility at a more normal level so the operating costs will be higher this year.
Nelson assumed we are doing something to try to get back the previous membership and add new members as people feel more comfortable about going back to their former fitness routines. Lotthammer responded October will be a good indicator of how many want to get back to normal because that is the second highest month for membership, with January being
the highest month. We are budgeting conservatively because we are trying to bring back
membership by offering a somewhat reduced price. Once we get the volume back, we will start to move the price back to pre-COVID levels. We do have a top number that we can accommodate at the Community Center so we are able to adjust our prices to work around that.
Nelson commented many people got comfortable working out at home during COVID, plus we
currently have restrictions regarding kids under 12 not using the locker rooms. Lotthammer replied that will be a factor, but we also believe there will be people whose financial circumstances have changed and are no longer able to afford boutique fitness facilities who will join the Community Center. He believed we are being conservative with the budget
revenue and expenditure numbers.
City Council Workshop Minutes July 13, 2021
Page 5 Getschow explained we are plugging in a 4.8% change in the tax levy for next year. The
budgeted amounts for charges for services and other revenue are lower for 2022 because of the
decreased revenue from the Community Center and other revenue sources, but we have projected a moderate increase in the revenue stream for 2023. He noted we have had three really good years for revenue from building permits and fees and the budget for those will go up, although we don’t want to get too far out with that budget item. The franchise agreement
for cable needs to be renewed, and revenue from that has been pretty flat. Intergovernmental
revenue is neither growing nor decreasing. All of the factors involved have resulted in a 5.5% budget increase for 2022 and a more moderate increase of 3.2% in 2023. We will pull in $2,200,000 in Federal funds in 2022 and 2023 that will help to reduce some of the effect of the lost revenue. Between now and the end of the year we will be working to reduce the
$1,200,000 loss that will remain after allocating the Federal funds.
Getschow reviewed the changes to the budget categories noting we are decreasing our facilities and electricity budgets as a result of our sustainability efforts. Staff is still working on the budget for fiscal disparities. Case noted it is difficult to estimate that effect. Getschow replied
the budget for fiscal disparities is somewhat of an extrapolation, but we will know the exact
number in September. Getschow observed we are trending towards a market value of $12,000,000,000 in 2022. While the City tax rate will be higher in 2022 than it is in 2021, it will still be lower than it was in
2018. He commented he could not find another city in Hennepin County that reports a tax rate
lower than it was four years ago. He noted our flat debt levy helps bring down the total levy, and we are still in the lower third of the 2021 comparison of city tax levies. Getschow reviewed the upcoming budget process: September 7, the Council adopts the 2022
preliminary tax levy and budget; November 16, further budget discussion and review including
utility and liquor operations; and December 7, the public hearing and adoption of the final budget and tax levy. Narayanan asked if the cable revenue is based on subscribers. Getschow replied every
subscriber’s cable bill has a 5% City surcharge included, and the cable company sends that on
to the City. Case noted in past years we did not expect to ever get to that point. Nelson asked if that includes internet. Getschow replied the cable companies were including payouts for internet for a few years, but it is now just for cable TV.
Narayanan asked why Edina has a lower tax rate and why we moved from the No. 4 position to
No. 5. Getschow replied Edina has had a lower tax rate for many years, and they have more value in their property. He noted he believed we will be able to return to No. 4 by September as we continue to work on the budget.
II. MILLER SPRING
Lotthammer reported we have sent in water samples for both Miller Spring and the Richard T Anderson Spring for a complete work-up. We plan to make the results available after receiving the analysis. He noted our own tests have shown the Richard T Anderson Spring
actually tested less in nitrates than did Miller Spring and may be the better water source.
City Council Workshop Minutes July 13, 2021
Page 6 Case asked when we would get the results of the water tests. Lotthammer replied it would
take about ten days for the complete work up, and the Council might want to have a
workshop session to discuss the results. Case suggested he discuss this with Mr. Getschow and Mr. Lotthammer so we can determine the best way to disseminate the information in a controlled manner.
Lotthammer stated the question of adding multiple spigots was also raised. As it turns out,
this is a hydrology question, and it seems we will always get the same amount of water whether it is from one spigot or three. Having multiple spigots does not speed up the flow, and we are not sure it would not actually decrease the total flow.
Narayanan noted having multiple spigots would help the situation where one person is
“hogging” the only spigot as he fills multiple containers. Case said he earlier questioned what would happen to the water pressure coming out of the hill, but he was okay for now with keeping the number of spigots at one.
Nelson stated she thought it was just right as it is and we shouldn’t change anything. Those attending the meeting spent hours telling us they didn’t want anything to change, so she agreed we should not change it.
Toomey asked if we could put on another spigot that could be turned off if it were not
needed. Lotthammer responded we have to be very careful about changing the water pressure so as not to cause backflow into the hill. Case asked about the possibilities regarding having a pavilion on the site. Lotthammer
replied we would have to take some trees out in order to construct one, and we would want
to come up with something with an historic fit confined to a very small area. Case asked if it could be something with an overhang and a picnic table. Lotthammer said it might be possible to put a canopy right over where you get the water. Case asked if we could do that without taking out any trees. Lotthammer replied we most likely could.
Nelson reiterated we should just leave it as it is. Toomey noted we promised to make it better at the meeting. Case stated he would like to make it better for the residents of Eden Prairie. He suggested we continue the conversation.
Lotthammer reported the Prairie Bluffs Conservation Area is now heavily signed; however,
the signs have been pulled out, spray painted and bent by people using the area. We are in the process of working with the Police Department to come up with an interpretive sign about how special the area is and how the grasses help to stabilize the fragile area. The sign will include information regarding fines for disturbing the area and the notice that tickets
will be issued for those who go into the area marked “Keep Out.” We have taken out the
barrier and put up more posts in the road. Overall, people cannot tell us they didn’t know they shouldn’t be in that area. We are in the process of harvesting seed from the area so we can use the native seeds to replace the worn-down areas this fall. We will continue to do more enforcement down there because people are not respecting the signs.
City Council Workshop Minutes July 13, 2021
Page 7 Case asked if the Police Reserve Officers can write tickets. Chief Sackett replied Reserve Officers and CSO’s can write tickets, and we will quote the appropriate language from the
State statutes on the signs. Case observed we have 21 reserve officers, and we could use
some of their support for this effort. He would really like to prioritize enforcing this on a regular basis for a while. He noted Jim Clark reported there were fireworks set off down there on the Fourth, and there was a big tent set up for a wedding. We need to have some police presence down there every night for the next 30 nights to issue tickets and to enforce
the rules. This is a critical 58-acre area that has to be near the top of our endangered parks,
and he wanted to make a concerted effort on this one. Nelson asked if we could encourage residents who see the trespassing to call 911 to report it. Chief Sackett stated we are encouraging people to call, but the majority of calls come in
after the action occurs. He said it is stated as a misdemeanor under State statute, and they
are trying to get down there to spread the word about the consequences. Case noted we should leave this to the experts, but staff has heard the Council’s concerns.
Ellis reported the Council Members received a copy of a letter regarding the delineation of
the recharge area for Miller Spring that will be sent to homeowners within the area. The letter contains information regarding the impact of waste management, hazardous waste, fertilizers and pesticides, yard waste and other practices occurring within the recharge area. We will also post the information on the website. He noted the letter will go out to
residents in the recharge area on an annual basis.
Nelson asked if Noble Hill is beyond the recharge area. Ellis replied it is outside the recharge area.
Case thought the letter was clear that any actions taken in response to the letter regarding
the impact on the recharge area would be voluntary. We want to engage those residents, not threaten them. Ellis replied the letter states our goal is to inform them of their role as a property owner in the area so we can ensure everyone continues to have clean water.
II. OPEN PODIUM
III. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JULY 13, 2021 7:00 PM, CITY CENTER CITY COUNCIL: Mayor Ron Case, Council Members Mark Freiberg, P G Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director
Robert Ellis, Community Development Director Janet
Jeremiah, Parks and Recreation Director Jay Lotthammer, City Planner Julie Klima, Police Chief Matt Sackett, 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. TOUR DE TONKA by Molly Bahneman
Getschow reported this item is our annual visit from our friends in Minnetonka to give us details on the Tour De Tonka. Molly Bahneman, representing the Tour De Tonka, distributed magnets before giving a PowerPoint presentation about the event which will be held on Saturday, August 7. She
explained there are seven different ride distances for the event and showed a map outlining each of the routes taken by the seven rides. She noted their registration numbers are impressive this year, and they are recruiting volunteers to help with the event.
B. RECEIVE MRPA AWARD OF EXCELLENCE FOR ADMINISTRATIVE OR MANAGEMENT STRATEGIES — VIRTUAL MEMBERSHIP
Lotthammer stated we have recently received awards in two different categories from the Minnesota Recreation and Parks Association (MRPA).
Aimee Peterson, representing the MRPA, related the background and history of the
MRPA and described the Award of Excellence for Administrative or Management
CITY COUNCIL MINUTES July 13, 2021
Page 2 Strategies which was awarded for Parks and Recreation’s Virtual Membership program at the Community Center. She presented the award to Val Verley, Community Center
Manager. Verley thanked Ms Peterson for the award and noted 2020 was a year of
challenges. The program was developed as a means to serve the Community Center members virtually. C. RECEIVE MRPA AWARD OF EXCELLENCE FOR SPONSORSHIPS & PARTNERSHIPS — BOO DRIVE THRU Ms Peterson presented the MRPA Award of Excellence for Sponsorships &
Partnerships to Lori Brink, Recreation Manager. Brink described the Boo Drive Thru which was created during the COVID pandemic as a replacement for the annual Halloween event at the Eden Prairie Mall. She thanked the very creative staff members, the many business partners, and the Police and Fire Departments for making the Boo
Drive Thru event a success.
D. ACCEPT DONATION FROM INTERNATIONAL SCHOOL OF MN TOWARDS ARBOR DAY (Resolution No. 2021-47)
Lotthammer stated we received a donation of $500 from the International School of MN to go towards the seedling trees that were distributed to residents at the Arbor Day celebration.
Case suggested the Council Members might want to visit the International School to see what a fabulous site it is.
MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2021-47
accepting the donation in the amount of $500 from the International School of MN to go towards the Arbor Day event. Motion carried 5-0. E. ACCEPT DONATION FROM PRESBYTERIAN HOMES/FLAGSTONE SENIOR LIVING TO SENIOR CENTER FOR SHRED TRUCK AND TRANSPORTATION EFFORTS (Resolution No. 2021-48) Lotthammer said we received donations from Presbyterian Homes/Flagstone Senior Living for the shred truck event at the Senior Center and from Spark to go towards Senior Center transportation. MOTION: Narayanan moved, seconded by Toomey, to adopt Resolution No. 2021-
48 accepting the donation in the amount of $500 from Presbyterian Homes/Flagstone Senior Living ($200) for the Shred Truck event at the Senior Center and from Spark ($300) to go towards Senior Center transportation. Motion carried 5-0. F. ACCEPT DONATION FOR SAFETY CAMP FROM EDEN PRAIRIE CRIME PREVENTION FUND (Resolution No. 2021-49)
CITY COUNCIL MINUTES July 13, 2021
Page 3 Lotthammer reported we have received a donation from Comcast through the Eden Prairie Crime Fund to be used for the Safety Camp. He thanked Council Member
Toomey for her part in facilitating this in her work with the Eden Prairie Crime Fund.
He noted this year two events were held so kids who would have attended in 2020 had an opportunity to participate as well as those eligible for the 2021 camp. It amazed him to see the impact our Police, Fire and Parks staff had as they served as camp counselors for the kids.
Case thanked Council Member Toomey for her hard work for the Eden Prairie Crime Fund and for the people of Eden Prairie. MOTION: Toomey moved, seconded by Freiberg, to adopt Resolution 2021-49
accepting the donation of $5,000 from the Eden Prairie Crime Prevention Fund that
was donated from Comcast to go towards Safety Camp. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Narayanan, to approve the agenda as published.
Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 15, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 15, 2021 MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of the
Council workshop held Tuesday, June 15, 2021, and the City Council meeting held Tuesday, June 15, 2021, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR A. CLERK’S LIST
B. NOBLE HILL by Pulte Homes. Second reading of Ordinance 10-2010-PUD-5-2021
for Planned Unit Development District review with waivers and Zoning District change from Rural to R1-9.5 on 27.51 acres; Resolution 2021-50 for site plan review on 27.51 acres (Ordinance No. 10-2021-PUD-5-2021 for PUD District Review and Zoning Change, Resolution No. 2021-50 for Site Plan Review, Development Agreement) C. CHASE BANK by The Architect Partnership. Second reading of Ordinance No. 7-
2021-PUD-3-2021 for Planned Unit Development District review with waivers on 0.61
acres; Resolution 2021-51 for site plan review on 0.61 acres (Ordinance No. 7-2021-PUD-3-2021 for PUD District Review, Resolution No. 2021-51 for Site Plan
CITY COUNCIL MINUTES July 13, 2021
Page 4 Review, Development Agreement) D. CHAPTER 11 CITY CODE AMENDMENTS by City of Eden Prairie. Second reading of Ordinance No. 8-2021 to amend City Code Chapter 11 relating to Group
Usable Open Space, Gross Area Site Per Dwelling Unit, and Dimensional and
Multifamily Parking Requirements; Resolution No. 2021-52 approving Summary Ordinance (Ordinance No. 8-2021, Resolution No. 2021-52 approving Summary Ordinance) E. MORIMOTO CITYHOMES by Hennepin CityHomes LLC. Second reading of Ordinance 9-2021-PUD-4-2021 for Planned Unit District review with waivers and Zoning change from Rural to RM-6.5 on 2.84 acres; Resolution 2021-53 for site plan
review on 2.84 acres (Ordinance No. 9-2021-PUD-4-2021 for PUD District Review
and Zoning Change, Resolution No. 2021-53 for Site Plan Review, Development Agreement) F. HIGHLAND OAKS DEVELOPMENT AGREEMENT AMENDMENT REQUEST NO. 2 by Terrance Brown. Second amendment to development agreement (Amendment to Development Agreement) G. ADOPT RESOLUTION NO. 2021-54 APPROVING FINAL PLAT OF MORIMOTO CITYHOMES
H. APPROVE QUOTE AND PURCHASE FROM EPA FOR IMPLEMENTATION OF AUDIO AND VISUAL EQUIPMENT FOR CAMBRIA ROOM I. APPROVE QUOTE, PURCHASE, AND IMPLEMENTATION OF WIRELESS
ACCESS POINTS AT ALL CITY BUILDINGS J. APPROVE PAYOFF OF ADVANCE FROM CAPITAL IMPROVEMENT AND MAINTENANCE FUND TO STORM DRAINAGE FUND K. AUTHORIZE AGREEMENT WITH ISG FOR CONSTRUCTION OBSERVATION OF RILEY LAKE PARK PLAY AREA IMPROVEMENT PROJECT L. AUTHORIZE AGREEMENT WITH WSB FOR DESIGN SERVICES FOR NESBITT PARK SPLASH PAD ADDITION M. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS
N. ADOPT RESOLUTION NO. 2021-55 DECLARING PROPERTY AS ABANDONED AND EXCESS
O. APPROVE QUOTE AND AUTHORIZE LOGIS TO REPLACE NETWORK EQUIPMENT AT VARIOUS CITY LOCATIONS
CITY COUNCIL MINUTES July 13, 2021
Page 5 P. AWARD CONTRACT TO PURCHASE NEW ICE RESURFACER FOR COMMUNITY CENTER ICE MAINTENANCE Q. APPROVE CONTRACT WITH NORTHWEST TOTAL SITE FOR WATER TREATMENT PLANT PARKING LOT MILL AND OVERLAY R. ADOPT RESOLUTION NO, 2021-56 PROHIBITING ON-STREET PARKING FOR DUCK LAKE ROAD IMPROVEMENT PROJECT S. APPROVE TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT SIDEWALK EASEMENT AT 14400 MARTIN DRIVE
T. APPROVE CONSTRUCTION CONTRACT WITH PEMBER COMPANIES, INC. FOR RECONDITIONING OF LIFT STATION NO. 10 U. APPROVE CONSTRUCTION CONTRACT WITH PEMBER COMPANIES,
INC. FOR RECONDITIONING OF LIFT STATION NO. 12 V. APPROVE AGREEMENT WITH TYLER TECHNOLOGIES FOR UPGRADE TO BRAZOS TICKETWRITER W. ADOPT RESOLUTION NO. 2021-57 SUPPORTING THREE RIVERS PARK DISTRICT’S EAGLE LAKE AND BRYANT LAKE REGIONAL TRAILS —DRAFT MASTER PLAN MOTION: Toomey moved, seconded by Freiberg, to approve Items A-W on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. CROSSTOWN CORE INDUSTRIAL CENTER by Sambatek, Inc. Resolution 2021-58 for Planned Unit Development Concept review on 5.0 acres; First reading of an
ordinance for Planned Unit District review with waivers and Zoning change from
Office, Rural and Commercial Highway to Industrial on 5.0 acres, Resolution 2021-59 for preliminary plat of 2 parcels into 1 lot on 5.0 acres (Resolution No. 2021-58 for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, Resolution No. 2021-59 for Preliminary Plat)
Getschow explained the applicant is requesting approval to construct a 62,024 square foot speculative industrial building at 10250 Crosstown Circle and 6534 Flying Cloud Drive in the Golden Triangle area. The property is five acres and is located in the northwest corner of the intersection of Flying Cloud Drive and Crosstown Circle. The
property consists of two parcels. One parcel includes a vacant restaurant, and the
second parcel includes a surface parking lot. The applicant intends to raze the building and remove the parking lot prior to constructing the new building. The
CITY COUNCIL MINUTES July 13, 2021
Page 6 applicant anticipates a max of manufacturing, office and warehouse uses within the building.
Eric Miller, civil engineer with Sambatek, and Ben Krsnak, representing Hempel Real Estate, gave a PowerPoint presentation about the Crosstown Core development. Mr. Miller showed photos of the existing building and the proposed site plan and said they are requesting a waiver for parking lot setback from Flying Cloud Drive. He
described the landscape plan and noted they are requesting a landscape waiver due to
the planting density on the site. He noted the building elevations exceed City code. Mr. Krsnak noted the west side of the building faces a public storage facility. Narayanan asked Mr. Miller to explain the sustainability aspect of the building. Mr.
Miller replied they are proposing natural vegetation on the west and north sides of the
building, one electric vehicle charging station at the front entry, and efficient HVAC facilities. Narayanan then asked how many employees they expect to work in the building. Mr. Miller responded the development is a speculative industrial building of which 10-20% may be office and the rest will be warehouse or manufacturing space.
Narayanan asked if one charging station will be sufficient. Mr. Miller replied it will
be tenant driven, and additional charging stations could be part of the tenant improvements coordinated with the developer. Case asked if the electrical wiring to the one charging station could be expanded to accommodate more stations. Mr. Miller stated it is expandable, and they will be able to retrofit as needed by tenants.
Nelson stated the City is encouraging existing flat-roof buildings to consider installing solar panels and asked if this development will have solar panels or at the least be solar ready. Mr. Miller responded the construction would support the additional load of solar panels, and not a lot of structural work would have to be done
to support solar panels. There is a challenge with the timing of the agreement between
the provider and the developer. It is difficult to complete the steps necessary for a speculative building before there is a defined tenant plan and the electrical needs are determined. Nelson noted the big part is getting the electricity in place for the solar panels so rewiring is not necessary and asked if they are doing that. Mr. Miller replied
there is a lot of flexibility in a speculative building as to placement and number of
electrical columns because the interior is empty to begin with. Freiberg asked about the skirting of the air conditioning and heating units on the roof because he did not see any included on the plans. There are some buildings where
those units are pretty ugly. Mr. Miller responded they provided a diagram to City staff
that reflects how the building would be screened. There are certain heights established for units such that units near the perimeter of the walls need to be much lower than those near the center. Because of the significant grade difference, there is a portion of the north side that cannot be screened. Freiberg stated this is an important
factor because units that are too visible will detract from what is otherwise a very
slick design. He appreciated the effort that has been put into the impact of the sight lines.
CITY COUNCIL MINUTES July 13, 2021
Page 7 Toomey reported she went to the site yesterday, and the trees on Flying Cloud Drive looked pretty healthy; however, those are proposed to be removed during the
development. She asked if those could be saved. Mr. Miller replied, while they are
fully mature trees, the configuration of the site is such that the parking lot is recessed from Flying Cloud Drive which actually is not an urban section roadway and has ditches. There are some drainage patterns they need to maintain. They plan to create a truck dock in a recessed area that is pretty close to elevation but intend to raise the
building elevation in order to have a more prominent approach from both Flying
Cloud Drive and Crosstown Circle for marketability. In order to do that, they will have to grade the property and therefore will have to get rid of the existing trees. They worked with the City Forester to identify some strategic trees that could be saved along Flying Cloud Drive, but several others need to be removed. They do have
a robust landscape plan to replace the trees, and they want to keep the visibility for
the building at this prime corner location. He believed this will be a project the City can become proud of. Toomey noted the clump of five to ten trees is really very charming. Mr. Miller said they worked with the City Forester to save them, but they are not in a location that can be salvaged
Nelson asked if we are getting dollars in lieu of replacement trees for the tree waiver for this project. Klima explained they are asking for a landscaping waiver from the additional landscaping required for the height of the building. From a tree replacement standpoint, they are meeting their tree replacement through actual trees
planted on site and partial payment to make up the difference. Nelson then asked if all
the building materials are in compliance with City Code. Klima replied the building materials and the architecture all meet and exceed City standards. There were no comments from the audience.
Getschow asked the Council Members to add the phrase “and direct staff to prepare a development agreement, subject to Commission recommendations and Council conditions” to the motion for approval.
MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing; to
adopt Resolution 2021-58 for the Planned Unit Development concept review on 5.0 acres; to approve the first reading of an ordinance for the Planned Unit Development District review with waivers and Zoning change from OFC, RURAL and C-HWY to Industrial (I-2) on 5.0 acres; to adopt Resolution 2021-59 for the preliminary plat of
two parcels into one lot on 5.0 acres; and to direct staff to prepare a development
agreement incorporating staff and commission recommendations and Council conditions. Narayanan noted he would be willing to add Council Member Nelson’s comment
about charging stations. Case said staff has heard the discussion, and we can leave
this up to staff. He believed it is the desire of many of the Council Members as well as many people throughout the nation to begin to build buildings that are either solar ready or have solar panels installed. We have to make a transition and cannot
CITY COUNCIL MINUTES July 13, 2021
Page 8 continue to build 1950 style buildings. He did not, however, believe Eden Prairie and municipalities across the country are ready to mandate certain standards. We do want
to hear roofs can support solar panels and some advance thought has been given to
making sure electricity is available as businesses make the transition in the next 3-10 years. We want to continue discussing the process of exploring how we make the transition. He asked staff to continue to work with the proponent.
Nelson stated she is ready to develop some written guidance from the City Council
that a building must be solar ready at a minimum. Case responded this is a subject for a workshop because he did not think we know enough yet about what we want to mandate.
Nelson commented she was not completely thrilled with the concept of buildings
being built as speculative. She thought this looks like an attractive development but it would be good if it could be constructed so as to be easy to put in a retrofit. She urged the proponent to do that from an investment standpoint. She stated we need to send a message to developers to start thinking about this.
Case believed government needs to incentivize businesses to retrofit solar, but that is a conversation for another time. VOTE ON THE MOTION: Motion carried 5-0.
X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson,
Toomey and Case voting “aye.”
XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR
CITY COUNCIL MINUTES July 13, 2021
Page 9 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:58 p.m.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 17, 2021
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: Beach BBQ Date: August 19, 2021
Place: The Preserve Community Center
Outdoor Pool area 11221 Anderson Lakes Parkway Organization: Eden Prairie Noon Rotary
Event: Rib Fest
Date: September 26, 2021 Place: Staring Lake Park 14800 Pioneer Trail Organization: City of Eden Prairie / EP Liquor
Event: Wine & Beer Tasting Date: September 30, 2021 Place: Garden Room 8080 Mitchell Road
Organization: City of Eden Prairie / EP Liquor Event: Wine & Beer Tasting Date: November 4, 2021 Place: Garden Room
8080 Mitchell Road
Raffle Organization: Eden Prairie Noon Rotary Club
Place: Staring Lake Park
14800 Pioneer Trail Date: September 26, 2021
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 17, 2021
DEPARTMENT/DIVISION:
Randy L. Slick Public Works / Engineering
ITEM DESCRIPTION:
Final Plat Report of Noble Hill
ITEM NO.:
VIII.B.
Requested Action
Move to: Adopt the resolution approving the final plat of Noble Hill.
This proposal is for a plat located at 9955 and 9875 Spring Road. The plat consists of 27.51 acres to be platted into 50 single family lots, 4 outlots and right of way dedication for street purposes.
Background Information The preliminary plat was approved by the City Council on May 4, 2021. Second reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was approved by the City
Council on July 13, 2021.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of $5,000.00
• Receipt of street lighting fee in the amount of $5,987.52
• Receipt of street sign fee in the amount of $1,045.00
• Prior to the approval of the final plat, Developer shall provide the City Planner with the palette of choices for the model homes, building materials and colors.
• Prior to release of the final plat, Developer shall tender a warranty deed for Outlots B and D for review and approval.
• Satisfaction of bonding requirements for the installation of the public improvements.
• Developer shall submit a permit fee of five percent of the construction value of the public improvements prior to the release of the final plat.
• Prior to the release of the final plat, Developer shall execute a Special Assessment.
Agreement for trunk sewer and water on an assessable area of 18.83 acres in the amount
of $165,120.27
• Prior to the release of the final plat, Developer shall submit payment for Connection fees in the amount of $178,416.00.
• Deferred assessments in the amount of $252,391.60 from Charlson Road Area
Improvements are due with this project. The deferred assessment may be paid in full prior to the release of the final plat or paid at the original interest rate of 6% for the remainder of the original project assessment term. This deferred assessment must be paid in full by November 15, 2023.
• Prior to the release of the final plat, Developer shall submit a disk in AutoCAD format in Hennepin County coordinates containing parcel and easement data.
• Further revisions to the plat may include additional 20’ drainage and utility easements
over any required stormwater facilities as a result of the City’s final utility plan review and approval.
• Prior to the release of the final plat, Developer shall submit a 1”=200’ scale reduction of the final plat.
• Provide areas (to the nearest square foot) of all lots, outlots and right-of-way.
• The requirements as set forth in the Developer’s Agreement. Attachments Resolution Drawing of final plat
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-
A RESOLUTION APPROVING FINAL PLAT OF NOBLE HILL WHEREAS, the plat of Noble Hill has been submitted in a manner required for platting land
under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Noble Hill is approved upon compliance with the recommendation of the Final Plat Report on this plat dated August 17, 2021.
B. That the City Clerk is hereby directed to supply a ce1iified copy of this resolution to the
owners of the subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on August 17, 2021.
Ronald A. Case, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 17, 2021
DEPARTMENT/DIVISION: Community Development Janet Jeremiah, Director; Jeanne Karschnia, Housing and
Community Services
ITEM DESCRIPTION:
Approve Use of $46,730.94 in CDBG –CV CARES Act Funds for Homeless Prevention and Facility Rehabilitation
ITEM NO.:
VIII.C.
Requested Action Move to: Approve the use of $46,730.94 in Community Development Block Grant Coronavirus (CDBG-CV) funds for People Reaching Out to People (PROP) for homeless prevention and to rehab their facilities in order to safely serve clients in person
Synopsis PROP is requesting $19,500 in CDBG-CV funds for homeless prevention. PROP continues to receive requests for assistance to cover late rent or mortgage payments, prevent non-renewal of
leases and ensure housing stability for families adversely affected by COVID-19. Since May
2020, PROP has been allocated $93,500 in CDBG-CV funds to address the housing needs of Eden Prairie residents affected by COVID-19. A new spike in infections and the threat of an end to the eviction moratorium has created additional hardship for PROP’s client base and additional funds are needed.
PROP is requesting $730.94 in CDBG-CV funds for homeless prevention staff costs. PROP has utilized temporary case management staff to focus on housing for those affected by COVID-19. The additional funds will cover the final costs for this grant. PROP is requesting $26,500 in CDBG-CV funds to modify their facility to reopen for direct
client services and individual food shopping. Because they have a large senior volunteer population and higher-risk clientele, they must do so safely, reducing the potential spread of the coronavirus. These modifications will help PROP respond to the needs of their clients who have been affected by Covid-19 and prevent future outbreaks of the virus in their facility.
Background Information
The U.S. Department of Housing and Urban Development (HUD) announced that the City of Eden Prairie has been allocated $399,571 in Community Development Block Grant Coronavirus (CDBG-CV) funds to be used to prevent, prepare for, and respond to the coronavirus through
emergency assistance programs through the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act). Attachment PROP Request Letters (2)
14700 Martin Drive Eden Prairie MN 55344 | 952.937.9120 | fax 952.975.0662 952-937-9120 | www.propfood.org | prop@propfood.org
August 3, 2021
Jeanne Karschnia, CDBG Coordinator
Housing & Community Services, City of Eden Prairie
Dear Jeanne,
I first want to take this opportunity to let you know how much PROP appreciates the close partnership with the
City of Eden Prairie. We would not be able to provide the needed services during the Covid‐19 pandemic
without the support of funds administered by you. We are grateful. Our clients are grateful.
Our work is not finished, however. As Eden Prairie’s primary emergency service provider, PROP, has served
Eden Prairie residents with food support, homeless prevention assistance, employment services, and child care
during the Covid‐19 Pandemic. Our call‐in/curbside pickup has worked well during the worst of the pandemic.
This process has limitations and is not sustainable long‐term. We want to modify our facility to reopen for direct
client services and individual food shopping. Because we have a large senior volunteer population and higher‐
risk clientele, we must do so safely, reducing the spread of the coronavirus. These modifications will help PROP
respond to the needs of our clients who have been affected by Covid‐19 and prevent future outbreaks of the
virus in our facility.
To respond to the coronavirus and prevent future outbreaks, PROP must make accommodations that will allow
for social distancing, so we no longer have crowds of people in our small space.
We plan to adopt an appointment system to reduce crowds. This includes purchasing three computers,
three monitors, and headsets for volunteers to set up appointments.
Reconfigure our shopping space and check‐in areas for physical distancing. Items included in this request
include additional shelving, swing doors, and food displays.
Add an outdoor waiting option and buzzers for physical distancing. We are requesting funds to purchase
the buzzers and install a large awning to protect those choosing to wait outside.
Add signage for physical distancing and directional assistance
Additional modifications, such as Merv 11 filters, to reduce the spread of coronavirus
PROP respectively requests $26,500 to ensure PROP can reopen to the public safely by responding to and
preparing for Covid‐19, which has deeply affected our clientele. I am happy to answer any questions you may
have regarding this project.
Thank you again for your support.
Sincerely,
Janet Palmer
Janet Palmer
Executive Director
People Reaching Out to People (PROP)
14700 Martin Drive Eden Prairie MN 55344 | 952.937.9120 | fax 952.975.0662
952-937-9120 | www.propfood.org | prop@propfood.org
August 3, 2021
Jeanne Karschnia
CDBG Coordinator
Housing & Community Services
City of Eden Prairie
Dear Jeanne,
I am writing to follow up on our conversation about requesting further CDBG-COVID funds for the PROP
Homelessness Prevention Program. As a holistic agency, PROP case managers have been encouraging all
clients to apply for RentHelpMN, the statewide Covid-19 rental assistance program, to ensure their
protections remain as the eviction moratorium off-ramp has begun. While the role of emergency rental
assistance for community-based organizations like PROP remains in the air, we are proud to have
assisted Eden Prairie residents and families by paying $92,100 of rental and mortgage assistance since
first having access to CDBG-CV funds.
Only a handful of our clients have received approval or denial from RentHelpMN since the program
opened in April 2021. Those who are approved have not seen the entire balance of their past-due rent
paid. We plan to use these funds to remain an important safety net for residents as state resources
expire and evictions become more commonplace.
We have exhausted our previous grant amount from March 2021.
PROP would like to request an additional $19,500 for providing homelessness prevention assistance to
help families directly affected by COVID and facing housing crises can remain stably housed. Once again,
we appreciate the Council’s consideration during this extremely challenging time in our community.
We have been fortunate to utilize temporary case management staff to focus on housing for those
affected by the COVID pandemic. My projection for these funds fell $730.94 short. I respectfully
request additional funds in this amount to cover the final costs for this grant.
Our work is not finished. We are hiring an additional permanent full-time case manager to continue our
fight to keep those affected by COVID safely houses, fed, and supported.
Sincerely,
Janet Palmer
Janet Palmer
Executive Director
People Reaching Out to People (PROP)
14700 Martin Drive Eden Prairie MN 55344 | 952.937.9120 | fax 952.975.0662
952-937-9120 | www.propfood.org | prop@propfood.org
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 17, 2021
DEPARTMENT/DIVISION: Community Development Janet Jeremiah, Director; Jeanne Karschnia, Housing and
Community Services
ITEM DESCRIPTION:
Approve Use of $25,500 in CDBG –CV CARES Act Funds for Facility Rehabilitation
ITEM NO.:
VIII.D.
Requested Action Move to: Approve the use of $25,500 in Community Development Block Grant Coronavirus (CDBG-CV) funds for The PROP Shop to rehabilitate their facilities in order to safely serve clients, staff and volunteers.
Synopsis The PROP Shop is requesting $25,500 to purchase and install four Energy Recovery Ventilator (ERV) and Ultraviolet (UV) Light System units. These units will ensure that The PROP Shop
can safely serve their clientele while also keeping their volunteers and staff safe by responding to
and preventing future outbreaks of COVID-19. To respond to COVID-19 and to prevent future spread of the virus at the PROP Shop, improving the air quality inside the building is critical. The PROP Shop has four furnaces to heat its
building and proposes adding an ERV and UV unit for each one. These systems work to reduce
virus transmission. An ERV vents the stale room air and fresh outdoor air is brought into the building. Since indoor air can be two to five times more polluted than outside air, an ERV will help prevent the accumulation of coronavirus particles inside. Background Information
The U.S. Department of Housing and Urban Development (HUD) announced that the City of Eden Prairie has been allocated $399,571 in Community Development Block Grant Coronavirus (CDBG-CV) funds to be used to prevent, prepare for, and respond to the coronavirus through emergency assistance programs under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
Attachment PROP Shop Request Letter
15195 Martin Drive * Eden Prairie, MN 55344 * Phone: (952) 934-2323 * Fax: (952) 934-5353 * www.propshopep.org
___________ bringing the community together ___________
To Whom It May Concern:
The PROP Shop of Eden Prairie is requesting assistance from the City of Eden Prairie to fund adjustments
to our building and operations due to the COVID-19 pandemic. The PROP Shop serves low- to moderate-
income families in Eden Prairie, Minnesota, with free clothing, household goods, and furniture. We rely
on in-kind donations from the community to serve these needs, and the pandemic is harming local
families more deeply than ever.
The PROP Shop has given out 100 more beds in the past year when compared to the year before (173
beds in the year prior to the pandemic versus 293 beds since we reopened. The pandemic has resulted
in even more families on the brink and needing help with the basics to survive. To meet these needs, the
PROP Shop adjusted its operations to serve families safely, but further adaptations are required to
respond to Covid-19 and to prevent future spread of the virus, particularly in light of the Delta variant.
To respond to Covid-19 and to prevent future spread of the virus at the PROP Shop, improving the air
quality inside the building is critical. The PROP Shop has four furnaces to heat its building and proposes
adding an Energy Recovery Ventilator (ERV) and an Ultraviolet (U.V.) Light System for each one. These
two systems working together will minimize the circulation of coronavirus particles within our building
and maximize safety for all.
Since indoor air can be 2-5 times more polluted than outside air, an ERV can help prevent the
accumulation of coronavirus particles inside. An ERV vents the stale room air and fresh outdoor air is
brought into the building. It keeps these streams separate and runs them through an energy exchange
core to transfer heat. This process increases the ventilation of fresh air from outside and helps protect
the building’s occupants from the spread of air pollutants and the accumulation of virus particles.
As the Delta variant cases rise in Minnesota, the PROP Shop is committed to staying open for local
families in need. To respond to Covid-19 and to prevent further spread, an ERV and U.V. light system
attached to each furnace will make a huge difference in our ability to serve our mission and the
community of Eden Prairie safely. These units will protect our volunteers and staff as well as the
families we serve.
The PROP Shop is requesting $25,500 to purchase and install four ERV units and four U.V. lights. These
units will ensure that The PROP Shop can safely serve our clientele while keeping our volunteers and
staff safe by responding to and preventing future outbreaks of Covid-19.
Thank you for your consideration. I am happy to answer any questions you may have regarding this
project.
Sincerely,
Cindy Eddy
Executive Director
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
August 17, 2021
DEPARTMENT / DIVISION
Matt Sackett, Police Chief, Police
ITEM DESCRIPTION
Approve Agreement between City of Eden Prairie and City of Bloomington for Animal Impound Services
ITEM NO.
VIII.E.
Requested Action Move to: Approve the agreement between the City of Eden Prairie and City of Bloomington for Animal Impound Services. Synopsis The City of Bloomington offers animal impound and boarding services to the City of Eden Prairie. This service has been provided for many years. The new agreement is for a two- year period from August 1, 2021 to July 31, 2023. Attachment Agreement between the City of Eden Prairie and City of Bloomington for Animal Impound Services.
Agreement Id: 2021-____
AGREEMENT BETWEEN THE CITY OF BLOOMINGTON AND THE CITY OF EDEN PRAIRIE FOR ANIMAL IMPOUND SERVICES
THIS AGREEMENT is made this _______ day of August, 2021 between the City
of Bloomington, a Minnesota municipal corporation located at 1800 West Old Shakopee
Road, Bloomington, Minnesota 55431 (hereinafter referred to as the "City"), and City of
Eden Prairie, a Minnesota municipal corporation located at 8080 Mitchell Road, Eden
Prairie, Minnesota 55344 (hereinafter referred to as the "Requestor").
WITNESSETH
WHEREAS, the City has the power, authority, responsibility and facilities to
provide animal control services (“Services”) under the control and direction of its Police
Department; and
WHEREAS, the Requestor desires to contract for animal control services with
the City; and
WHEREAS, the City has an established animal control program, shelter, trained
staff, supervision and related equipment and tools to provide the Requestor with the
animal control services; and
NOW, THEREFORE, in consideration of the terms and conditions expressed
herein, the parties agree as follows:
I. TERM OF AGREEMENT
The term of this Agreement shall be from August 1, 2021 to July 31, 2023,
subject to termination as provided in Article V.
II. DUTIES OF REQUESTOR
A. The Requestor may deliver domestic animals as defined in Bloomington City Code
Section 12.91 to the City’s animal control facility (“Facility”) in good health during
normal working hours with the understanding that the City may at any time refuse to
accept an animal based upon the physical condition, type of the animal, or
availability of space at its Facility.
2
B. The Requestor authorizes the City to act in accordance with Bloomington City Code
Chapter 12 and Minnesota Statutes, Chapters 343, 346, and 347 as it relates to any
animals that Requestor delivers and are accepted by the City under the terms of this
Agreement.
C. Requestor understands and agrees that the City has authority to arrange for veterinary
care of animals delivered by the Requestor, if the City, in its sole discretion,
determines the animal to be sick or injured and in need of such care. Unless the
animal is claimed and such veterinary costs are collected from the owner, the
Requestor shall reimburse the City for all costs associated with the provision of such
veterinary care, including all staff and administrative costs.
D. The Requestor shall defend, indemnify and hold harmless the City, its officials,
employees and agents, from any and all claims, causes of action, lawsuits, damages,
losses, or expenses, including attorney fees, arising out of or resulting from the
Services provided by the City at Requestor’s request under this Agreement, including
the destruction or disposal of all animals left in the City’s care by the Requestor.
E. The Requestor agrees to pay the City within thirty (30) days of the date of invoice for
all Services rendered pursuant to this Agreement and assessed in accordance with the
fee schedule attached as Exhibit A. Late fees will be assessed at the maximum rate
allowed by law, for all amounts not paid within thirty (30) days from the date of the
original invoice.
F. It is agreed that nothing herein contained is intended or should be construed in any
manner as creating or establishing the relationship of copartners between the parties
hereto or as constituting the Requestor's staff as the agents, representatives or
employees of the City for any purpose in any manner whatsoever. The Requestor and
its staff are to be and shall remain independent contractors with respect to all services
performed under this Agreement. The Requestor represents that it has, or will secure
at its own expense, all personnel required in performing services under this
Agreement. Any and all personnel of the Requestor or other persons, while engaged
in the performance of any work or services required by the Requestor under this
3
Agreement, shall not be considered employees of the City, and any and all claims that
may or might arise under the Workers' Compensation Act of the State of Minnesota
on behalf of said personnel or other persons while so engaged, and any and all claims
whatsoever on behalf of any such person or personnel arising out of employment or
alleged employment including, without limitation, claims of discrimination against
the Requestor, its officers, agents, Requestors or employees shall in no way be the
responsibility of the City; and the Requestor shall defend, indemnify and hold the
City, its officers, agents and employees harmless from any and all such claims
regardless of any determination of any pertinent tribunal, agency, board, commission
or court. Such personnel or other persons shall not require nor be entitled to any
compensation, rights or benefits of any kind whatsoever from the City, including,
without limitation, tenure rights, medical and hospital care, sick and vacation leave,
Workers' Compensation, Unemployment Compensation, disability, severance pay and
PERA.
G. The Requestor shall be responsible for checking for identification on those animals it
delivers to the City and for prompt notification of identified owners of the location
and impoundment of the animal by the most expedient means.
H. The parties agree to comply with the Minnesota Human Rights Act, Minnesota
Statutes, Section 363A, as amended.
I. The Requestor shall maintain commercial general liability insurance in the following
amounts during the term of this Agreement:
1. Bodily injury in the amount of at least $500,000 per individual and
$1,500,000 per occurrence for injuries or death arising out of each occurrence.
2. Property damage liability in the amount of $1,500,000 for each occurrence.
3. The Requestor further agrees to name the City as additional insured on said
insurance policies and to provide a certificate of said insurance to the City
prior to commencing work pursuant to this Agreement.
4
4. The Requestor shall carry Worker’s Compensation Insurance as required by
Minnesota Statutes, Section 176.181, subd 2.
5. The Requestor agrees to notify the City thirty (30) days prior to cancellation
or a change in any of the aforementioned insurance policies. All insurance
must be provided at the Requestor’s expense and at no additional cost to the
City.
III. DUTIES OF THE CITY
A. The City will exercise reasonable care in feeding, boarding and caring for the animals
received from the Requestor while they remain under its care, custody and control.
B. For unclaimed animals, the City will invoice the Requestor, on a monthly basis, for
all charges for Services provided according to Exhibit A. The City will release an
animal received from the Requestor to the animal’s owner in accordance with the
City’s redemption criteria and upon the animal owner’s payment in full to the City of
the total fees as described in Exhibit A for Claimed Animals. For animals claimed by
their owners, the City will credit any fees collected on the Requestor’s behalf, as
identified on Exhibit A, on Requestor’s monthly invoice.
C. The City will exercise reasonable care in disposing of animals received from the
Requestor in accordance with the City’s disposal criteria, state law and local
ordinances. Methods of disposal shall be determined by the City and will include
without limitation, sale, adoption, destruction and donation.
IV. GENERAL PROVISIONS
A. This Agreement represents the entire Agreement between the Requestor and the City
and supersedes and cancels any and all prior agreements or proposals, written or oral,
between the parties relating to the subject matter hereof; and amendments, addenda,
alterations, or modifications to the terms and conditions of this Agreement shall be in
writing and signed by both parties.
5
B. The parties shall comply with the Americans With Disabilities Act (ADA), Section
504 of the Rehabilitation Act of 1973 and not discriminate on the basis of disability in
the admission or access to, or treatment of employment in its services, programs, or
activities. The Requestor agrees to hold harmless and indemnify the City from costs,
including but not limited to damages, attorney's fees and staff time, in any action or
proceeding brought alleging a violation of ADA and/or Section 504 caused by the
Requestor. Upon request accommodation will be provided to allow individuals with
disabilities to participate in all services, programs and activities. The City has
designated coordinators to facilitate compliance with the Americans with Disabilities
Act of 1990, as required by Section 35.107 of the U.S. Department of Justice
regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act
of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban
Development regulations.
C. The parties will comply with all applicable provisions of the Minnesota Government
Data Practices Act, Chapter 13 of the Minnesota Statutes, as amended.
D. This Agreement shall be interpreted using the laws of the State of Minnesota. Both
parties agree to comply with all applicable local, state and federal laws, rules,
regulations and ordinances in the performance of the duties of this Agreement.
E. This Agreement shall not be assignable by either party except with the written
consent of the other party.
F. The books, records, documents, and accounting procedures of both parties, relevant to
this Agreement, are subject to examination by the other party, and either the
legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section
16C.05, Subdivision 5.
G. Both parties agree to submit all claims, disputes and other matters in question
between the parties arising out of or relating to this Agreement to mediation. The
mediation shall be conducted through the Conflict Resolution Center, 2101 Hennepin
Avenue, Suite 100, Minneapolis, MN 55405. In the event mediation is
6
unsuccessful, either party may exercise its legal or equitable remedies and may
commence such action prior to the expiration of the applicable statute of limitations.
H. The Requestor agrees to require each of its agents, officers and employees to abide by
the City’s policies prohibiting sexual harassment, firearms and smoking, as well as all
other reasonable work rules, safety rules or policies regulating the conduct of persons
on City property at all times while performing duties pursuant to this Agreement.
The Requestor agrees and understands that a violation of any of these policies or rules
constitutes a breach of the Agreement and sufficient grounds for immediate
termination of the Agreement by the City.
V. TERMINATION
Either party may terminate this Agreement for any reason upon giving thirty (30) days'
advanced written notice to the other party.
Either party may terminate this Agreement at any time in event of default or violation by
the other party of any provision of this Agreement. The non-defaulting party may take
whatever action at law or in equity that may appear necessary or desirable to collect
damages arising from a default or violation or to enforce performance of this Agreement.
[Remainder of the page left blank.]
7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF BLOOMINGTON, MINNESOTA
DATED:___________________________ BY:________________________________ James D. Verbrugge Its: City Manager
Reviewed and approved by the City Attorney.
__________________________________ City Attorney
CITY OF EDEN PRAIRIE, MINNESOTA
DATED:___________________________ BY:________________________________
Ronald A. Case
Its: Mayor
BY:________________________________
Rick Getschow
Its: City Manager
8
EXHIBIT A
FEE SCHEDULE
Unclaimed Animals: Fees to be collected from Requestor for the Boarding and
Disposal of Unclaimed Animals received from Requestor:
Administrative Charge $55.00 per animal
Disposal $40.00 per animal
Boarding $30.00 per day, per animal
Veterinarian Services as billed by veterinarian
Claimed Animals: Fees to be collected from the Owner for Boarding of Claimed
Animals received from Requestor:
Administrative Charge $25.00 per day, per animal
Boarding $30.00 per day, per animal
Veterinarian Services as billed by veterinarian
Adjustment of All Fees:
These fees may be administratively adjusted from time to time without a formal amendment of the Agreement. Such adjustment shall be made in accordance with the following procedure:
1. Fee adjustments are automatic when the City has, by Council action, adjusted its boarding, impound, administrative, sale and disposal fees for its own residents.
2. The adjusted fees shall not exceed the amounts set for City residents.
3. Initiation of a fee adjustment shall be made by thirty (30) day’s written notice thereof to the Requestor.
9
4. The adjusted fees shall become effective, within thirty (30) days of the notice of fee adjustment, unless the Requestor terminates this Agreement.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
August 17, 2021
DEPARTMENT / DIVISION
Scott Gerber/Fire Department
ITEM DESCRIPTION
Approve Changes to Eden Prairie Firefighter Relief Association (EPFRA) By-laws
ITEM NO.
VIII.F.
Requested Action Move to: Approve change to Eden Prairie Firefighter Relief Association (EPFRA) Bylaws Synopsis Approve one change to the EPFRA Bylaws. The change is in Article III.6.d.
d. Return to Service: Prior to Payment of Retirement or Disability Benefit 1. If the firefighter has not received payment of a service pension or disability benefit, the
firefighter must complete at least three (3) years of active service with the Eden Prairie Fire
Department upon resumption of active service. If the firefighter completes the minimum period of resumption service specified in this Section prior to a subsequent cessation of firefighting duties, the firefighter will receive a service pension (if vested) for all years of active service calculated at the benefit level in effect on the date of the firefighter’s final cessation of duties. If
the firefighter does not complete the minimum period of resumption service specified in this
Section prior to a subsequent cessation of duties, the firefighter will receive a service pension (if vested) for all years of active services calculated at the benefit level in effect at the time of the firefighter’s original cessation of duties.
2. The changes laid out in Article III.6.d shall apply beginning July 29, 2021.
The EPFRA Board has made a formal motion and approved the changes on May 27, 2021. The Eden Prairie Firefighter Relief Association membership also made a formal motion and approved the changes on July 29, 2021.
Attachment EPFRA Bylaws
Eden Prairie
Firefighter Relief Association
Bylaws
TABLE OF CONTENTS PAGE
ARTICLE I - NAME ................................................................................................................... 1
ARTICLE II - PURPOSE ............................................................................................................. 1
ARTICLE III - GENERAL DEFINITIONS ....................................................................................... 2
SURVIVING SPOUSE .............................................................................................................. 2
FIDUCIARY RESPONSIBILITY ..................................................................................................... 2
BENEFICIARY ....................................................................................................................... 2
BOARD OF TRUSTEES............................................................................................................. 2
CALCULATION OF QUALIFYING YEARS ....................................................................................... 2
BREAK IN SERVICE ................................................................................................................ 3
YEARS OF ACTIVE SERVICE ...................................................................................................... 4
ACTIVE SERVICE ................................................................................................................... 4
TRUSTEES ........................................................................................................................... 4
DOMESTIC RELATIONS ORDER ................................................................................................ 4
PERSONAL LEAVE ................................................................................................................. 4
MILITARY LEAVE .................................................................................................................. 4
MEDICAL LEAVE ................................................................................................................... 4
ARTICLE IV - MEMBERSHIP ..................................................................................................... 5
QUALIFICATION FOR MEMBERSHIP .......................................................................................... 5
APPLICATION FOR MEMBERSHIP .............................................................................................. 5
TERMINATION OF MEMBERSHIP .............................................................................................. 5
CATEGORIES OF MEMBERSHIP ................................................................................................ 5
VOTING PRIVILEGES .............................................................................................................. 6
ARTICLE V - BOARD OF TRUSTEES ........................................................................................... 7
COMPOSITION OF BOARD ...................................................................................................... 7
TERMS OF TRUSTEES ............................................................................................................. 7
OFFICERS OF BOARD ............................................................................................................. 7
REMOVAL OF TRUSTEE OR OFFICER .......................................................................................... 8
ARTICLE VI - DUTIES OF OFFICERS .......................................................................................... 9
PRESIDENT .......................................................................................................................... 9
VICE-PRESIDENT .................................................................................................................. 9
SECRETARY .......................................................................................................................... 9
TREASURER ....................................................................................................................... 10
TABLE OF CONTENTS PAGE
ARTICLE VII - MEETINGS ....................................................................................................... 11
ANNUAL MEETING ............................................................................................................. 11
REGULAR MEETINGS OF THE BOARD OF TRUSTEES .................................................................... 11
SPECIAL MEETINGS OF THE ASSOCIATION OR BOARD ................................................................. 11
QUORUM ......................................................................................................................... 11
REPORTS AND RESOLUTIONS................................................................................................. 11
ADOPTION OF ROBERT'S RULES ............................................................................................. 11
ORDER OF BUSINESS ........................................................................................................... 11
LOCATION ......................................................................................................................... 12
ARTICLE VIII - INVESTMENTS ................................................................................................ 13
TRUSTEES’ DUTIES .............................................................................................................. 13
RESPONSIBILITIES OF TRUSTEES ............................................................................................. 13
INVESTMENT COMMITTEE .................................................................................................... 13
RESTRICTIONS TO BROKERS .................................................................................................. 13
EDUCATION PLAN ............................................................................................................... 13
ARTICLE IX - PENSION BENEFITS ........................................................................................... 14
ACTIVE DUTY AND AGE REQUIREMENTS ................................................................................. 14
DEFERRED MEMBER ........................................................................................................... 14
PENSION BENEFIT ............................................................................................................... 14
DEFINITION OF ACTIVE FIREFIGHTER ....................................................................................... 15
VOLUNTEER SEPARATION WHILE FULL-TIME FIRE DEPARTMENT EMPLOYEE ................................... 15
FUTURE INCREASES IN BENEFITS ............................................................................................ 16
APPLICATION FOR MONTHLY OR LUMP SUM BENEFIT ................................................................ 16
APPROVAL ........................................................................................................................ 16
NOTICE OF INTENT TO RETIRE ............................................................................................... 17
ARTICLE X - ANCILLARY BENEFITS ......................................................................................... 18
ELIGIBILITY ........................................................................................................................ 18
DISABILITY DEFINED ............................................................................................................ 18
REPORTS REQUIRED ............................................................................................................ 18
DISABILITY OR PENSION BENEFITS .......................................................................................... 18
PROOF OF DISABILITY .......................................................................................................... 18
GRIEVANCE PROCEDURE ...................................................................................................... 18
CALCULATION OF BENEFIT .................................................................................................... 18
ENTITLEMENT TO FUTURE INCREASES ..................................................................................... 19
ARTICLE XI - DEATH BENEFIT ................................................................................................ 20
ENTITLEMENT TO BENEFIT .................................................................................................... 20
TERMINATION OF CHILDREN'S BENEFIT ................................................................................... 20
ENTITLEMENT TO FUTURE INCREASES ..................................................................................... 20
TABLE OF CONTENTS PAGE
ARTICLE XII - APPLICATION FOR DISABILITY AND DEATH BENEFITS ....................................... 21
DISABILITY BENEFIT APPLICATION .......................................................................................... 21
DEATH BENEFIT APPLICATION ............................................................................................... 21
ACTION ON APPLICATIONS ................................................................................................... 21
ARTICLE XIII – SUPPLEMENTAL BENEFIT ............................................................................... 22
PAYMENT OF SUPPLEMENTAL BENEFIT ................................................................................... 22
ARTICLE XIV - FUNDS ........................................................................................................... 23
ALLOCATION ..................................................................................................................... 23
GENERAL FUND ................................................................................................................. 23
SPECIAL FUND ................................................................................................................... 23
METHOD OF DISBURSEMENT ................................................................................................ 23
DEPOSIT OF FUNDS ............................................................................................................. 24
ARTICLE XV - TIMING AND MODES OF DISTRIBUTION ........................................................... 25
DISTRIBUTION CHOICES ....................................................................................................... 25
IRA ROLLOVER .................................................................................................................. 25
ARTICLE XVI - PROCEDURE FOR REVIEW ............................................................................... 26
ENTITLEMENT TO APPEAL ..................................................................................................... 26
UN-APPROVED APPLICATION ................................................................................................ 26
SPECIAL MEETING FOR APPEAL ............................................................................................. 26
ARTICLE XVII - LIMITS ON BENEFITS ...................................................................................... 27
DOMESTIC RELATIONS ORDER .............................................................................................. 27
GARNISHMENT, JUDGMENT OR LEGAL PROCESS ........................................................................ 27
ASSIGNMENT OF BENEFITS ................................................................................................... 27
LIMITATIONS ON ANCILLARY BENEFITS .................................................................................... 27
BENEFIT LIMITATIONS ......................................................................................................... 27
ARTICLE XVIII - AMENDMENTS ............................................................................................. 28
AMENDING THE BYLAWS ..................................................................................................... 28
ARTICLE XIX - NOTICE ........................................................................................................... 28
AMENDMENT NOTICES ........................................................................................................ 28
ARTICLE XX - EFFECTIVE DATE .............................................................................................. 29
ARTICLE XXI - EXHIBIT A ....................................................................................................... 29
Eden Prairie Firefighter Relief Association P a g e | 1
Article I - Name
The name of the relief association shall be the Eden Prairie Firefighter Relief Association.
Article II - Purpose
This instrument constitutes the bylaws of the Eden Prairie Firefighter Relief Association, hereinafter
referred to as “Association,” adopted for the purpose of regulating and managing the internal affairs of
the corporation and shall serve as the written pension plan for the Association. The Association is a
governmental entity that receives and manages public money to provide retirement benefits for
individuals providing the governmental services of fire fighting. The Association is a defined benefit relief
association subject to Minnesota statutes 69.771 to 69.774, 424A.015 and 424A.02. The objectives of
the plan shall be to provide service pensions and ancillary benefits to members and dependents of the
Eden Prairie Fire Department, hereinafter “Fire Department”. These bylaws and federal and state laws
shall govern all benefits issued by this Association.
Eden Prairie Firefighter Relief Association P a g e | 2
Article III - General Definitions
1. Surviving Spouse
The term “surviving spouse” means any person who was the dependent spouse of a deceased active
member, deferred member, or retired former member living with the member at the time of the
death of the active member, deferred member, or retired former member for at least one year prior
to the date on which the member terminated active service and membership.
2. Fiduciary responsibility
In the discharge of their respective duties, the officers and trustees shall be held to the standard
of care enumerated in Minn. Stat. 11A.09. In addition, the trustees must act in accordance with
Minn. Stat. 356A. No trustee of the Association shall cause the Association to engage in a
transaction, if the trustee knows or should know that a transaction constitutes one of the
following direct or indirect transactions:
a) sale or exchange or leasing of any real property between the Association and a board
member
b) lending of money or other extension of credit between the Association and a board
member or member of the Association
c) furnishing of goods, services, or facilities between the Association and a board
member
d) transfer to a board member, or use by or for the benefit of a board member, of any
assets of the Association. Transfer of assets does not mean the payment of
Association benefits or administrative expenses permitted by law
3. Beneficiary
Any person or estate entitled under this plan to receive a benefit upon the death of a participant.
4. Board of Trustees
The Board of Trustees of the Association as specified under Minn. Stat. 424A.04. There shall be six
member elected trustees and three municipal trustees.
5. Calculation of Qualifying Years
A year of service as an active firefighter for purposes of calculating the service pension shall mean
12 complete months. If a members’ period of service as an active firefighter has not been
continuous, parts of years may be added together to calculate full years. In addition, parts of
months may be added together to calculate full months, provided, however, that in such a
calculation it shall be assumed that 30 days equals a full month.
Eden Prairie Firefighter Relief Association P a g e | 3
6. Break in Service
(a) Break in Service. A break in service is the period of time in which a member does not
comply with the active service requirements of the Fire Department. A member will not
receive service credit with the Association for the period of a break in service. If a
member’s break in service is less than 60 days, active membership in the Association will
resume when the member returns to active service with the Fire Department.
A break in service does not include an approved leave of absence pursuant to these
bylaws or state law, except for Military Leave or Medical Leave defined in this Article III.
(b) Return to Service. If a member has a break in service of 60 days or more and receives a
lump sum payment, and not a monthly service pension, and then resumes active
membership in the Fire Department and membership in the Association, the member
will be entitled to receive a lump sum payment for his subsequent period of service,
provided he completes a minimum of three years of subsequent service. The lump sum
for the subsequent period of service will be based on the lump sum then payable under
the Bylaws. Such payment shall have no effect on the member’s previous service
pension. In no event will the Association pay duplicate benefits for the same period.
Except as provided in this paragraph (b), a member who has a break in service of more
than 60 days and returns to active service will not receive any credit or earn an additional
benefit for a subsequent period of service.
The above rules for payment of an additional benefit for a subsequent period of service
do not apply to leaves of absence for which a member continues to receive service credit
during the leave under these bylaws.
(c) Effective Date. The changes in this Article III.6 shall apply beginning September 18, 2018
to members who retire on or after such date.
(d) Return to Service: Prior to Payment of Retirement or Disability Benefit
1. If the firefighter has not received payment of a service pension or disability
benefit, the firefighter must complete at least three (3) years of active service
with the Eden Prairie Fire Department upon resumption of active service. If the
firefighter completes the minimum period of resumption service specified in this
Section prior to a subsequent cessation of firefighting duties, the firefighter will
receive a service pension (if vested) for all years of active service calculated at
the benefit level in effect on the date of the firefighter’s final cessation of duties.
If the firefighter does not complete the minimum period of resumption service
specified in this Section prior to a subsequent cessation of duties, the firefighter
will receive a service pension (if vested) for all years of active services calculated
at the benefit level in effect at the time of the firefighter’s original cessation of
duties.
2. The changes laid out in Article III.6.d shall apply beginning July 29th, 2021.
Eden Prairie Firefighter Relief Association P a g e | 4
7. Years of Active Service
For purposes of computing benefits or service pensions payable, a year of service shall be defined
as a period of 12 full months of active service in the Fire Department.
8. Active Service
Active Service is defined as the active performance of fire suppression or prevention duties or
the supervision of fire suppression or prevention duties. Performance of such suppression,
prevention or supervision shall not qualify as “active service” unless the firefighter meets all the
rules and regulations of the Fire Department during such service.
9. Trustees
The individuals designated as such by Minn. Stat. 424A.04.
10. Domestic Relations Order
A domestic relations order is any judgment, decree or order (including approval of a property
settlement agreement) that complies with the provisions of Minn. Stat. 518.58, 518.581 or 518A.53.
11. Personal Leave
An Active Member may be granted a personal leave of absence in accordance with the rules and
regulations of the Fire Department. No credit shall be given for the period of the leave of absence.
12. Military Leave
An Active Member who takes a leave to serve in the military shall receive credit from the Relief
Association for his military service consistent with federal law. To be eligible for credit from the
Relief Association for his military service, the Member must return to active service with the Fire
Department and must not receive a dishonorable or bad conduct discharge from military
service.
13. Medical Leave
An Active Member who takes a leave for a serious medical condition shall receive credit for up to
12 weeks of the leave consistent with the Family and Medical Leave Act or other applicable federal
or state law.
Eden Prairie Firefighter Relief Association P a g e | 5
Article IV - Membership
1. Qualification for Membership
Any Active Member in good standing in the Fire Department shall be eligible to apply for
membership in the Association.
2. Application for Membership
All Active Members of the Fire Department are eligible for membership in the Association.
Application for membership shall be made in writing on a form supplied by the Secretary of the
Association and reviewed by the Board of Trustees for compliance with federal/state statutory and
plan requirements within three (3) months of becoming an active member of the fire department.
No applicant may be excluded except if the member is under 18 years of age or has a medically
determinable physical or mental impairment or condition that would constitute a predictable and
unwarranted risk of imposing liability or an ancillary benefit at any age earlier than the minimum
age specified for receipt of a service pension.
3. Termination of Membership
A member may be expelled from the Association for cause upon a two-thirds vote of all members
present at a regular or special meeting of the general membership, upon the occurrence of any of
the following events:
a) termination or resignation from membership in the Fire Department prior to
completion of the number of years as an active firefighter required for a service
pension under these bylaws
b) failure to comply with any provisions of these bylaws or any duly adopted rules
and regulations of the Association
c) any other good cause for termination of membership as determined by the Board
of Trustees
4. Categories of Membership
Members of this Association shall be classified in one of four categories: regular, deferred, retired
or disabled. These categories are defined as follows:
a) Active Member: A member of the Association who is also an active firefighter of
the Fire Department
b) Deferred Member: A member of the Association who has:
(i) completed the number of years as an active firefighter required for a
service pension as provided in these bylaws
(ii) completed a minimum of ten years as a member in good standing in the
Association
(iii) has separated from service as an active firefighter before attaining the
earliest age for receipt of a service pension as provided in these bylaws
c) Retired Member: A member of the Association who is drawing a monthly service
Eden Prairie Firefighter Relief Association P a g e | 6
pension under applicable statutes and the bylaws of this Association.
d) Disabled Member: A member of this Association who is receiving a disability
benefit under applicable statutes and the bylaws of this Association.
5. Voting privileges
Each member shall be entitled to one vote on any matter voted upon by the membership. Voting
by proxy is not permitted. All votes, unless specified prior to the vote, shall be conducted by a
voice vote. If a majority cannot be determined by voice vote, the Officer in Charge of the vote
shall ask for a show of hands.
Eden Prairie Firefighter Relief Association P a g e | 7
Article V - Board of Trustees
1. Composition of Board
The Board of Trustees shall consist of nine trustees.
a) Member Elected Trustees: Six of the trustees shall be elected at the annual
meeting of the Association from the Association's active members and shall serve
for terms as specified in this Article, or until their respective successors have been
elected. One of the six elected members of the Board of Trustees may be a retired
member, receiving a monthly service pension, who is elected by the membership
of the Association. If there is not a retired member to fill the position of trustee,
then that position may be filled by an active member.
b) Municipal Trustees: The three municipal trustees shall be one elected municipal
official and one elected or appointed municipal official who are designated as
municipal representatives by the City of Eden Prairie annually and the chief of the
Fire Department. Municipal trustees shall have all rights, duties and
responsibilities of regular trustees, including voting rights.
2. Terms of Trustees
Two member elected trustees shall be elected for three-year terms at each annual meeting of
the Association. If a vacancy of a trustee position occurs, that position shall be filled by election
at a special meeting of the Association within thirty-one days of becoming vacant. Any member
elected trustee elected to fill an un-expired term shall serve the length of that un-expired term.
Any member elected trustee, upon retirement from the Fire Department, must relinquish the
trustee's office until an election is held to determine who shall hold that office. The elected or
appointed municipal trustees shall be designated annually by the City, except for the chief of the
Fire Department, who is appointed by statute.
3. Officers of Board
At the first meeting of the Board of Trustees held after the annual meeting of the members of
the Association, the Board shall elect from the six member elected trustees a President, Vice-
President, Secretary and Treasurer. Each of the officers shall serve for a term of one year or until
the officer's successor has been elected.
Eden Prairie Firefighter Relief Association P a g e | 8
4. Removal of Trustee or Officer
A trustee (other than a municipal trustee) may be removed from the office of trustee for the
following reasons:
a) breach of the duties of a trustee as specified in these bylaws
b) failure to maintain membership in good standing in the Association or the Fire
Department, including a suspension from the Association or Fire Department
c) other good cause
Removal of a trustee may occur by a vote of two-thirds of those present at a meeting of the
membership. Notice of the meeting at which removal is to be considered, shall be given to each
member and shall include the purpose of considering removal. The Trustee shall be given an
opportunity to be heard as to each charge. If the Trustee is removed, a replacement shall be
elected and shall serve for the un-expired portion of the term of the removed Trustee.
Eden Prairie Firefighter Relief Association P a g e | 9
Article VI - Duties of Officers
1. President
The duties of the Association President are as follows:
a) Attend and preside at all meetings of the Association and of the Board of Trustees.
b) Supervise the affairs of the Association.
c) Take all appropriate steps to enforce the due observance of the state and federal
laws that apply to the Association, the Articles of Incorporation and the bylaws.
d) Sign all checks issued by the Treasurer and all other papers, which require the
President's signature.
The President may receive a salary as fixed from time to time by the Board of Trustees, subject
to approval of the Association, and payable from the Special Fund of the Association.
2. Vice-President
The duties of the Association Vice-President are as follows:
a) Perform the duties of the President in the President's absence.
b) All other duties assigned to the Vice-President by the President.
3. Secretary
The duties of the Association Secretary are as follows:
a) Keep a true and accurate record of the proceedings of all meetings of the
Association and of the Board of Trustees.
b) Keep a correct record of all amendments to the Articles of Incorporation and the
bylaws.
c) Provide all due notice of special meetings of the Association and the Board of
Trustees.
d) Keep a roll of membership, including all information necessary to determine the
pension and benefit status of each member of the Association.
e) Sign all orders for payment issued to the Treasurer, and jointly with the Treasurer,
prepare and file all reports and statements required by law.
The Secretary may receive a salary as fixed from time to time by the Board of Trustees, subject
to approval of the Association, and payable from the Special Fund of the Association.
Eden Prairie Firefighter Relief Association P a g e | 10
4. Treasurer
The duties of the Association Treasurer as follows:
a) Keep separate, distinct and complete accounts of the Special and General Funds,
including a detailed statement of the assets and liabilities of each fund. Such
accounts and statements shall be presented at each meeting of the Board of
Trustees, and shall be made available to members prior to the annual meeting of
the Association.
b) Jointly with the Secretary, the Treasurer shall prepare and file all reports and
statements required by law.
c) At the expiration of the Treasurer's term of office or the Treasurer's termination
from the position of Treasurer in accordance with these bylaws, whichever occurs
first, the Treasurer shall immediately deliver to the Board of Trustees or the
Treasurer's successor in office, all monies, books, papers, and other items
pertaining to the Treasurer's office.
d) Prior to entering upon the duties of office, the Treasurer shall give a bond in such
amount and with such sureties as are required by law and approved by the Board
of Trustees, conditioned upon the faithful discharge of the Treasurer's trust and
the faithful performance of the duties of the Treasurer's office. The premium for
this bond shall be paid from the Special Fund of the Association. The amount of
the bond will be equal to at least 10% of the assets of the Association; however,
the amount of the bond need not exceed $500,000.00.
The Treasurer may receive a salary as fixed from time to time by the Board of Trustees, subject
to approval of the Association, and payable from the Special Fund of the Association.
Eden Prairie Firefighter Relief Association P a g e | 11
Article VII - Meetings
1. Annual Meeting
The annual meeting of the Association, for the election of Trustees and other business, shall be
held once per calendar year. Subject to waiver, a notice of every annual meeting or special
meeting shall be sent by the Secretary via U.S. mail, e-mail, personal delivery or by any other
delivery that conforms to law to each member at least ten (10), but not more than thirty (30)
days, before the meeting, excluding the date of the meeting. Notice by U.S. mail shall be deemed
given when deposited in the U.S. mail with sufficient postage affixed. Such notice shall set forth
the date, time, place and in case of a special meeting, the purpose.
2. Regular Meetings of the Board of Trustees
The Board of Trustees shall meet at least six times during each year. Subject to waiver, a notice
of every Board of Trustees’ meeting shall be sent by the Secretary via U.S. mail, email, personal
delivery or by any other delivery that conforms to law to each Trustee at least five (5) , but not
more than thirty (30) days, before the meeting, excluding the date of the meeting. Notice by U.S.
mail shall be deemed given when deposited in the U.S. mail with sufficient postage affixed. Such
notice shall set forth the date, time, place and in case of a special meeting, the purpose.
3. Special Meetings of the Association or Board
Special meetings of the Association or of the Board of Trustees may be called by the President or
two members of the Board of Trustees and shall also be called upon written request of six (6) or
more members of the Association. The Secretary shall notify members and trustees of such
special meetings, and the purpose of the meeting shall be contained in such notice.
4. Quorum
A majority of the Board of Trustees then in office and thirty percent (30%) of all members of the
Association shall constitute a quorum for the transaction of business at their respective meetings.
Less than a quorum may adjourn a meeting to a future time, which the Secretary shall make
known to the affected members.
5. Reports and Resolutions
All reports and resolutions shall be submitted in writing and no report shall be accepted unless it
is the report of a majority of a committee, provided, however, that a minority shall be permitted
to present its views in writing.
6. Adoption of Robert's Rules
All meetings of the Association and Board of Trustees shall be conducted according to Robert's
Rules of Order, as revised.
7. Order of Business
The order of business at meetings of the general membership shall be:
Eden Prairie Firefighter Relief Association P a g e | 12
a) Call to order
b) Roll call
c) Reading of minutes of previous meetings
d) Reading of reports and minutes of Board of Trustees' meetings
e) Reports of Officers
f) Membership applications
g) Reports of special committees
h) Unfinished business
i) Election of Officers or Trustees (annual meeting)
j) New business
k) Adjournment
8. Location
A meeting of the Board of Trustees shall be held at the registered office of the Association, unless
notice is made public for another place within the state as designated by the board.
Eden Prairie Firefighter Relief Association P a g e | 13
Article VIII - Investments
1. Trustees’ Duties
Trustees shall discharge their duties in good faith and with that diligence and care which an
ordinarily prudent person would exercise under similar circumstances. Each trustee shall
become familiar with the standards of care and the standards of a fiduciary as specified by law.
2. Responsibilities of Trustees
It shall be the duty of the Board of Trustees to prepare modes and plans for the sale and profitable
investment of the un-appropriated funds of the Association, and whenever investments are
made, to investigate and pass upon the securities offered, and to attend to the drawing and
execution of the necessary papers. The Board shall order an audit of the books and accounts of
the Secretary and Treasurer annually, according to law, and shall submit a written report of the
condition of the Association to the members at the annual meeting. The investment of the funds
of the Association shall be in the exclusive control of the Board of Trustees, in conformance with
state statutes, the bylaws and the investment policy attached hereto. The Board of Trustees shall
meet with the Investment Committee. The members of the Board shall act as trustees with a
fiduciary obligation to the State of Minnesota, to the City of Eden Prairie and the members of the
Association.
3. Investment Committee
The investment committee shall consist of the Treasurer, the President and an Ex-officio
member, as well as two or more Association members as designated by the trustees. The
investment committee shall investigate and make recommendations to the Board of suitable
investments for Association funds among those permitted by State of Minnesota statutes, the
bylaws and the investment policy attached hereto.
4. Restrictions to Brokers
The Board of Trustees shall comply with Minnesota Statutes 356A.06, Subd. 8b that requires the
Relief Association to provide annually to any brokers, a written statement of investment
restrictions pursuant to State Statute or the Investment Policy that apply to the special fund.
Upon receipt of the written statement of investment restrictions, each broker handling
investments of the Association shall acknowledge, in writing annually, the receipt of the
investment restrictions. The acknowledgment shall contain a statement of the brokers’
agreement to handle the Association’s investments pursuant to the written restrictions.
5. Education Plan
The Board of Trustees shall develop and periodically revise a plan for continuing education for all
members and officers of the Board of Trustees in order to ensure that trustees keep abreast of
their fiduciary responsibilities.
Eden Prairie Firefighter Relief Association P a g e | 14
Article IX - Pension Benefits
1. Active Duty and Age Requirements
To be eligible to receive a service pension, a member must meet all of the following
requirements:
a) Be at least fifty (50) years of age
b) Has separated from active service with the Fire Department
c) Has completed at least ten (10) years of active service with such
Fire Department before retirement
d) Has been a member of the Association in good standing at least
ten (10) years prior to such retirement
2. Deferred Member
A member of the Association, who has performed active service of ten (10) years or more, but
has not reached the age of fifty (50) years, shall be placed on the deferred pension roll of the
Association. After they have reached the age of fifty (50) years, the Association shall, upon their
application therefore, pay their pension from the date the application is approved by the
Association. The member shall be paid the service pension in accordance with Article IX, Section
3.
3. Pension Benefit
Each member is entitled to either a monthly service pension benefit or a lump sum service
pension benefit calculated as follows:
Monthly Service Pension
Effective 01/01/2005: A monthly service pension shall
be calculated by multiplying $48.00 times each year that
the member has been an active firefighter in the Fire
Department and member in good standing of the Relief
Association, up to a maximum pension of $1536.00.
Effective 01/01/2006: A monthly service pension shall
be calculated by multiplying $50.00 times each year that
the member has been an active firefighter in the Fire
Department and member in good standing of the Relief
Association, up to a maximum pension of $1600.00.
Effective 01/01/2007: A monthly service pension shall
be calculated by multiplying $52.00 times each year that
the member has been an active firefighter in the Fire
Department and member in good standing of the Relief
Association, up to a maximum pension of $1664.00.
Eden Prairie Firefighter Relief Association P a g e | 15
Effective 01/01/2008: A monthly service pension shall
be calculated by multiplying $54.00 times each year that
the member has been an active firefighter in the Fire
Department and member in good standing of the Relief
Association, up to a maximum pension of $1728.00.
Effective 01/01/2009: A monthly service pension shall
be calculated by multiplying $56.00 times each year that
the member has been an active firefighter in the Fire
Department and member in good standing of the Relief
Association, up to a maximum pension of $1792.00.
Lump Sum Service Pension:
A lump sum service pension shall be calculated as follows:
(i) For the period prior to 2011: 100 times Years of Service times monthly rate
at the time of retirement.
(ii) For the period from 2011 through May 31, 2013: 150 times Years of Service
times monthly rate at the time of retirement.
(iii) For the period from June 1, 2013 through September 17, 2018: $10,000.00
per Year of Service.
(iv) For the period beginning September 18, 2018 and thereafter $12,400.00
per Year of Service
4. Definition of Active Firefighter
A period of time cannot be used to calculate a monthly or lump sum service pension unless during
the entire period of time the member satisfies the qualification of “active service”, as found in
Article III, paragraph 8 of these bylaws.
5. Volunteer Separation while Full-Time Fire Department Employee
Notwithstanding any by-law to the contrary, the Association may pay or continue paying a service
pension or disability benefit to a member who has not separated from “active service” as defined
herein with the Fire Department if:
a) The Member is employed by the City of Eden Prairie to perform duties within
the Fire Department on a full-time basis subsequent to retirement as a volunteer
firefighter, and
b) The City Manager or the Fire Chief has filed a determination with the
Association’s Board of Trustees that the Member’s experience with and service
to the Fire Department in that Member’s full-time capacity would be
difficult to replace, and
c) The Member otherwise meets the requirements of Minnesota Statutes,
Chapter 424A, including Minnesota Statute 424A.02, subd.1, and is authorized
Eden Prairie Firefighter Relief Association P a g e | 16
to receive a service pension or disability benefit.
6. Future Increases in Benefits
Retired and Deferred members who have credit for at least fifteen (15) years of service as an
active firefighter with the Fire Department, shall receive all approved increases in the monthly
service pension applicable to that member's number of years of active firefighting service.
Retired members who have elected to receive a lump sum pension payment shall not be eligible
for any such increases.
7. Application for Monthly or Lump Sum Benefit
After retirement as an active firefighter with the Fire Department, a member shall make
application for a service pension to the Board of Trustees. The application shall also include an
irrevocable election by the member of either a monthly service pension or lump sum service
pension, but not both. All applications for pensions shall be submitted to the Board of Trustees
at a regular or special meeting of the Board, and shall contain the following information:
a) the age of the applicant
b) the period of time the member performed duties as an active
firefighter for the Fire Department
c) the member's number of years of membership in good
standing of the Association
d) the date the member retired as an active firefighter from the
Fire Department
e) such other and further information as the Board of Trustees
may require
8. Approval
It shall be the duty of the Board of Trustees to approve applications for service pensions if the
applicant meets all of the eligibility requirements set forth in these bylaws. It shall also be the
duty of the Board not to approve the application if any of the eligibility requirements are not met.
If an application is not approved, the Board shall return the application to the applicant within
thirty (30) days, noting thereon, with particularity, which requirements the applicant does not
meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full
Board in accordance with the review procedure contained in these bylaws, within the next thirty
(30) days, on the question of whether the applicant meets all the requirements. If the application
is approved, the service pension shall be paid in the manner requested by the applicant pursuant
to Article XIV, Timing and Modes of Distribution.
Eden Prairie Firefighter Relief Association P a g e | 17
9. Notice of Intent to Retire
It shall be the duty of each member who intends to retire and request a service pension from the
Association, to file a notice of intent to retire. Such notice shall be in writing and shall be filed
with the Secretary not less than three (3) months prior to the date of retirement and submission
of application for service pension. Upon receipt of such notice of the intent to retire, the
Secretary shall provide any notices to the applicant as required by state or federal law with
respect to pension or benefit payments.
Eden Prairie Firefighter Relief Association P a g e | 18
Article X - Ancillary Benefits
1. Eligibility
A member, who is disabled with a fire service related disability, shall be eligible to collect a
disability benefit. The member shall be eligible to receive the disability benefit immediately upon
approval of the Board of Trustees.
2. Disability Defined
Disability is defined as the inability to engage in performance of all essential duties as a firefighter
by reason of a medically determinable physical or psychological impairment that arose out of and
is caused by an injury or sickness incurred in the line of duty and is certified by a physician,
surgeon or chiropractor acceptable to the Board of Trustees, which can be expected to last for a
continuous period of not less than twelve (12) months or can be expected to result in death.
3. Reports Required
No member shall be paid disability benefits except upon the written report of a physician,
surgeon or chiropractor. This report shall set forth the diagnosis and prognosis of the disability,
disease or injury of the member. Each such report shall be filed with the Association.
4. Disability or Pension Benefits
Any such disability benefit paid in accordance with this section shall be in lieu of all rights to
further service pension and survivor’s benefits during the period that it is being paid. A disability
benefit shall be considered a normal service pension after age fifty (50) for any member with at
least ten (10) years of active service.
5. Proof of Disability
An applicant shall not be considered under a disability unless the member furnishes adequate
proof of the existence thereof. An applicants’ statement as to pain or other symptoms will not
alone be conclusive evidence of disability as defined in this article.
6. Grievance Procedure
If the applicant for disability benefits feels that he/she has been aggrieved by any action of the
Board, the member shall, within sixty (60) days from notice of such action of the Board, file
written objections and the reasons thereof with the Board and shall be allowed to appeal the
determination pursuant to the review procedure in these bylaws.
7. Calculation of Benefit
In the event a member incurs a disability as defined in this article, the Association shall pay to
such member a monthly disability payment, for the time of such disability. The monthly disability
benefit shall be equal to the monthly service pension to which the member would have been
entitled at age fifty (50) without regard to whether the member has attained the minimum
number of years of active firefighting service and Association membership specified by these
bylaws.
Eden Prairie Firefighter Relief Association P a g e | 19
8. Entitlement to Future Increases
A member currently receiving a disability benefit shall receive all approved increases in the
monthly service pension applicable to that member's number of years of active firefighting
service.
Eden Prairie Firefighter Relief Association P a g e | 20
Article XI - Death Benefit
1. Entitlement to Benefit
In the event of the death of an Active or Deferred member of the Association, the surviving
spouse, if any, shall be paid one hundred (100%) percent of the lump sum benefit for each year
of service. If such member who has no surviving spouse leaves a surviving child or children, such
child or children as a group shall be paid one hundred (100%) percent of the lump sum benefit
for each year of active service. If such member has no spouse and no surviving children but has
a designated beneficiary on file, such beneficiary shall be paid one hundred (100%) percent of
the lump sum benefit for each year of active service. If such member has no spouse, no surviving
children, and no designated beneficiary, the member’s estate shall be paid one hundred (100%)
percent of the lump sum benefit for each year of active service. Such death benefits are payable
without regard to minimum or partial vesting requirements.
If an Active member dies before completing one year of active service, the Association shall pay
a death benefit of ten thousand ($10,000) dollars to his/her surviving spouse, surviving children
or designated beneficiary on file; in the same order and procedure as described above.
In the event of the death of a Retired association member, receiving a monthly pension benefit,
the surviving spouse, if any, shall be paid monthly, until their remarriage or death, two-thirds
(2/3) of the Retired members monthly service pension for each year of active service. If such
member leaves a surviving child or children, in addition to a spouse, such child or children, in the
aggregate, shall be paid, monthly, the sum of one-third (1/3) of the monthly service pension for
each year of active service. If such member is survived only by a child or children, such child or
children, in the aggregate, shall be paid, monthly, the sum of one hundred (100%) percent of the
monthly service pension for each year of active service.
2. Termination of Children's Benefit
Benefit payments to or on behalf of a surviving child shall cease when the child reaches the age
of eighteen (18) or, in the case of any child who furthers his or her education, by attending college
or technical school, when that child graduates with his/her undergraduate degree or technical
degree, quits school, reaches the age of twenty-two (22), or fails to provide proof of current
educational enrollment, whichever occurs first. Any child furthering his or her education and
wishing to qualify for benefits must produce annually, in a form satisfactory to the Board of
Trustees, proof that the child is a full-time student in a college or trade school.
3. Entitlement to Future Increases
Death benefits payable to a surviving spouse or children shall be increased to the extent that the
monthly service pension is increased for current members who have the same number of active
years of service as the deceased member.
Eden Prairie Firefighter Relief Association P a g e | 21
Article XII - Application for Disability and Death Benefits
1. Disability Benefit Application
All applications for disability benefits shall be submitted to the Board of Trustees in writing, on
forms furnished by the Secretary, at a regular or special meeting of the Board. The application
shall be accompanied by a certificate from a physician, surgeon or chiropractor setting forth the
findings regarding whether the member has a qualifying disability. The physician, surgeon or
chiropractor’s opinion shall also include findings regarding the nature and probable duration of
the illness or injury, the cause thereof, the length of time the applicant has been and will be
unable to perform any of the essential duties as an active firefighter, and an estimate of the time
at which the applicant will be able to return to the duties as an active firefighter. The Board of
Trustees, in its discretion, may require an independent medical examination, at the Association's
expense, to review the qualifications of the member for a disability benefit.
2. Death Benefit Application
Applications for benefits by surviving spouses and children shall be submitted to the Board of
Trustees in writing, on forms furnished by the Secretary, at a regular or special meeting of the
Board. The application shall include the date and cause of death, a certified marriage certificate
for a surviving spouse and certified birth certificate for a surviving child, plus such other and
further information as the Board of Trustees deems appropriate.
3. Action on Applications
No disability or death benefits shall be paid until the application therefore has been approved by
a majority vote of the Board of Trustees. Decisions of the Board shall be final as to the payment
of such benefits and shall be based upon the criteria established in these bylaws and applicable
law.
Eden Prairie Firefighter Relief Association P a g e | 22
ARTICLE XIII – SUPPLEMENTAL BENEFIT
1. Payment of Supplemental Benefit
Upon the payment by the Association of a lump-sum distribution to a qualified recipient, the
Association must pay a supplemental benefit to the qualified recipient. A qualified recipient is
an individual who receives a lump sum distribution of pension benefits from the Association for
service as a volunteer firefighter. Notwithstanding any law to the contrary, the Association may
pay the supplemental benefit out of its Special Fund. The amount of this benefit equals ten (10%)
percent of the regular lump-sum distribution that is paid on the basis of service as a volunteer
firefighter. In no case may the amount of the supplemental benefit exceed one- thousand
($1,000) dollars.
Eden Prairie Firefighter Relief Association P a g e | 23
Article XIV - Funds
1. Allocation
All money received from the Association shall be kept in two separate funds. Disbursements
from the funds shall be in accordance with Minnesota Statutes and rules and bylaws of the
Association.
2. General Fund
The funds received by the Association from dues, fines, application fees, entertainment and other
miscellaneous sources shall be kept in the General Fund of the Association, on the books of the
Treasurer, and may be disbursed to conduct the routine business of the Association or for any
purpose reasonably related to the welfare of the Association or its members, as authorized by
the Board or the general membership. Expenditures greater than $500.00 require approval by a
majority of the members present and voting at any annual or special meeting of the members.
3. Special Fund
All funds received by the Association qualifying as state aid received pursuant to law, all taxes
levied by or other revenues received from the city present to law providing for municipal support
for the Association, any moneys or property donated, given, granted or devised, excluding fund-
raiser proceeds, by any person which is specified for the use for the support of the Special Fund,
and any interest earned on the assets of the Special Fund. Any tax sources and other money
which may be directly donated or transferred to said fund, shall be kept in a separate account on
the books of the Treasurer known as the Special Fund and shall be dispersed only for the
following purposes:
a) payment of members’ service pension benefits in accordance with
state law and with these bylaws
b) payment of ancillary benefits in accordance with state laws and
these bylaws
c) payment of supplemental benefits in accordance with state law and
these bylaws
d) administrative expenses as limited by Minn. Stat. 69.80
All other expenses of the Association shall be paid out of the General Fund.
4. Method of Disbursement
No disbursement of funds of this Association shall be made except by checks drawn by the
Treasurer and countersigned by the President except when issued for salaries, pensions and
other fixed charges, the exact amount of which has previously been determined and authorized
by the Board of Trustees (or members, in case of disbursement from the General Fund). In no
event shall a disbursement be issued until the claim to which it relates has been approved by the
Board of Trustees. Disbursement also may be made by electronic fund transfers so long as the
Treasurer and President have previously authorized such transfers.
Eden Prairie Firefighter Relief Association P a g e | 24
5. Deposit of Funds
All money belonging to the Association shall be deposited to the credit of the Association in such
banks, trust companies, saving and loan associations or other depositories as the Board of
Trustees may designate. The Board of Trustees shall make deposits in conformance with state
statutes, the bylaws and the investment policy.
Eden Prairie Firefighter Relief Association P a g e | 25
Article XV - Timing and Modes of Distribution
1. Distribution Choices
Members who choose a monthly service pension shall be governed by Article IX, Section 3(a).
A member who chooses a lump sum pension option shall be offered the following benefit
payment methods:
a) a single lump sum payment payable to the eligible retiree
b) rollover to an IRA account pursuant to Article XV, Section 2
2. IRA Rollover
Upon written request from the retiring member who has given proper notice of retirement, the
Secretary or Treasurer shall directly transfer the service pension amount into an Individual
Retirement Account under Section 408(a) of the Internal Revenue Code, as amended.
Eden Prairie Firefighter Relief Association P a g e | 26
Article XVI - Procedure for Review
1. Entitlement to Appeal
In the event that the Board of Trustees denies an application for a service or ancillary pension
benefit, the member shall be entitled to the right to appeal the determination.
2. Un-approved Application
If an application is not approved, the Board shall return the application to the applicant within
thirty (30) days, noting thereon, with particularity, which requirements the applicant does not
meet. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full
Board, on the question of whether the applicant meets all of the eligibility requirements. The
member shall appeal by furnishing the Board with a written intent to appeal that is filed with the
Secretary of the Association within thirty (30) days of receiving an adverse determination. The
intent to appeal shall be certified by the member.
3. Special Meeting for Appeal
The Board of Trustees shall hold a special meeting within sixty (60) days of receipt of the written
intent to appeal. Timely notice of the meeting shall be given to the member at least fifteen (15)
days prior to the special meeting. The member shall have the reasonable opportunity to be heard
by the Board of Trustees at the special meeting with regard to the negative determination. The
Board reserves the right to engage the services of a mediator, acceptable to both parties, at any
time during the appeal. The mediator shall be selected from the Rule 114 Supreme Court Roster.
The cost of the mediator shall be split in half between both parties.
Eden Prairie Firefighter Relief Association P a g e | 27
Article XVII - Limits on Benefits
1. Domestic Relations Order
A qualified domestic relations or domestic relations order shall be accepted by the Association if
in compliance with state and federal law. A distribution made pursuant to a domestic relations
order shall be treated as made pursuant to qualified domestic relations order as specified by
I.R.C. 414 (p) (11), as amended. No benefits shall be paid under a domestic relations order which
requires the plan to provide any type or form of benefit, or any option, not otherwise provided
under the Plan or under state law.
Exhibit A of these Bylaws are guidelines for terms which must be included in any domestic
relations order to be considered consistent with these Bylaws and eligible for approval by the
Board.
2. Garnishment, judgment or legal process
No service pension or ancillary benefits paid or payable from the Special fund of the Association
to any person receiving or entitled to receive a service pension or ancillary benefits shall be
subject to garnishment, judgment, execution or other legal process, except as provided in
Minnesota Statutes, Sections 518.58, 518.581, or 518A.53.
3. Assignment of Benefits
No person entitled to a service pension or ancillary benefits from the Special fund of the
Association may assign any service pension or ancillary benefit payments, nor shall the
Association have the authority to recognize any assignment or pay over any sum, which has been
assigned.
4. Limitations on Ancillary Benefits
Following the receipt of a lump sum death benefit, neither a member’s surviving spouse or estate
is entitled to any other or further financial relief or benefits from the Association except those
described in Article XIII- Supplemental Benefits.
5. Benefit Limitations
No provision, which places limits on benefits as contained within Section 415 of the Internal
Revenue Code, shall be exceeded. Plan participants cannot receive an annual benefit greater
than the amount specified in Section 415 of the code as may subsequently be amended.
Eden Prairie Firefighter Relief Association P a g e | 28
Article XVIII - Amendments
1.Amending the Bylaws
The bylaws of the Association may be amended by completing the following procedure:
a)Notice of the proposed amendment is given to each member
not less than ten (10) days prior to the regular or special Association
meeting at which the amendment will be considered
b)at an Association meeting, the amendment is adopted by a favorable
vote of two-thirds (2/3) of the membership present and voting, provided
that a quorum is present
c)the amendment is approved by the City of Eden Prairie City Council
Article XIX - Notice
1.Amendment Notices
Notices to the membership of a change to these bylaws shall be delivered in the following
manner:
a)shall be posted at each fire station
b)shall be sent by U.S. Mail or email to each deferred
member of the Association
c)shall be sent by U.S. Mail or email to each retired
member of the Association
Eden Prairie Firefighter Relief Association P a g e | 29
Article XX - Effective Date
These bylaws were adopted by the Membership on the 29th day of July 2021 and supersede all
prior bylaws of this Association.
______________________________________ _______________________________________
Association President Association Secretary
Collin O’Brien Thomas Wilson
These bylaws were approved by the City of Eden Prairie City Council on the 17th day of August 2021 .
___________________________________
Kathleen Porta
City Clerk
City of Eden Prairie, MN
Eden Prairie Firefighter Relief Association P a g e | 30
EXHIBIT A
Guidelines for Qualified Domestic Relations Order Terms
Triggering Event Payment to Alternate Payee
1 Retirement of participant. Court –assigned fraction in the same form as elected
by participant.
2 Death of participant before benefits
commence. Lump sum payment of court-assigned fraction.
3 Death of participant after monthly
benefits commence. Payments stop.
4 Death of alternate payee before benefits
commence. No payment to alternate payee or his/her estate.
5 Death of alternate payee after benefits
commence. Payments stop.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
August 17, 2021
DEPARTMENT / DIVISION
Jay Lotthammer, Parks and Recreation Director
ITEM DESCRIPTION
Lease Agreement with School District No. 272 for Use of Community Center Locker Room Space
ITEM NO.
VIII.G.
Requested Action Move to: Authorize Entering Into a Lease Agreement with Independent School District No. 272 for Use of Community Center Locker Room Space Synopsis
The Eden Prairie School District (Independent School District No. 272) leases locker room space at the Community Center for their high school hockey program. The past lease is set to expire and a new lease is being requested. The requested lease is for a three (3) year term commencing on October 1, 2021, and terminating on September 30, 2024, unless extended or sooner terminated. The District would pay the City an annual rental rate of Four Thousand Three Hundred Fifty-Six Dollars ($4,356.00).
Attachment Lease Agreement
LEASE AGREEMENT
THIS LEASE AGREEMENT is made this _5th___ day of __August_________, 2021, by and between the City of Eden Prairie, a Minnesota municipal corporation (hereinafter called “Lessor”), and Independent School District No. 272, a Minnesota public school (hereinafter called “Lessee”).
WITNESSETH: That Lessor is the owner of the Eden Prairie Community Center, located at 16700 Valley View Road in the City of Eden Prairie (the “Community Center”), which houses three indoor ice
rinks;
That Lessee operates the Eden Prairie High School Girl’s Hockey program, which uses the ice rinks at the Community Center;
That Lessee desires to lease 242 square feet of space in the Community Center, located
adjacent to Rink 2, for the exclusive use of Eden Prairie High School Girl’s Hockey, which space is depicted on Exhibit A attached hereto (hereinafter referred to as the “Premises”); and That Lessor, for valuable consideration hereinafter contained, hereby leases unto Lessee,
and Lessee hereby takes and hires the Premises.
1. Term; Rent. Lessee hereby leases said Premises for a three (3) year term commencing on October 1, 2021, and terminating on September 30, 2024, unless extended or sooner terminated as hereinafter provided. Lessee shall pay to Lessor as and for Base Rent for the
Premises annual rental of Four Thousand Three Hundred Fifty-Six Dollars ($4,356.00). Said
annual rental shall be paid in advance on or before October 1 of each year of the term of this Lease at the address of the Lessor as hereinafter set forth or such other place as the Lessor may, from time to time, designate in writing, commencing on the 1st day of October, 2021. The rent provided for in this section shall be an absolute net rent to the Lessor for the leased Premises. All other
obligations of Lessee hereunder shall be paid in addition to the rental established by this section.
Either party may terminate this Lease prior to the expiration of the term as set forth above upon ninety (90) days’ written notice to the other party.
2. Use of Premises. Lessee may use the Premises for the purpose of a team/coaches
room for Eden Prairie High School Girl’s Hockey. Lessee shall not perform any acts or carry on any practices which may injure the building and shall keep the Premises under its control clean and free of rubbish and dirt at all times, and shall dispose of all trash and garbage in the manner directed by Lessor as applicable to the Community Center as a whole.
3. Quiet Enjoyment. Lessor covenants that Lessee, on the performance of the terms and conditions of this Lease, shall and may peaceably and quietly have, hold and enjoy the Premises for the term aforesaid.
4. Alteration or Improvement of Premises. Lessee may not alter, renovate or improve
the Premises without the prior written consent of Lessor. Any alterations, additions and
improvements which may be made or installed by the Lessee shall remain upon the Premises and at the termination of this Lease shall be surrendered with the Premises as a part thereof. Lessee shall indemnify and save Lessor harmless from any and all liens for labor, materials and supplies which may arise by reason of such alterations or improvements made by Lessee.
5. Taxes and Assessments. Lessee shall, as Additional Rent to the rent otherwise payable hereunder, pay when due all personal property taxes, use taxes, real property taxes, sales taxes, rates, charges, levies and special assessments, general or special, of every kind which shall become due and payable or which are to be assessed against or levied upon the Premises during
the term of this Lease. Lessor shall promptly forward to Lessee all bills received by Lessor for
taxes which Lessee is required by the provisions of this Lease to pay, and which shall be assessed or levied against Lessor, and Lessee shall deliver promptly to Lessor receipts evidencing payments of all such taxes.
It is further agreed that in the case of non-payment or failure by the Lessee to pay and
discharge any taxes, assessments, rates, charges or levies, as herein provided, then the Lessor may, at its option and without prejudice to any other rights of said Lessor, pay such taxes, assessments, rates, charges or levies or redeem from any sale or forfeiture made because of the non-payment thereof or buy the Premises at any tax sale, and the amount of any and all payments made for such
purposes shall be forthwith paid by the Lessee in such amounts as so much Additional Rent for
the premises and the Lessor shall have a lien for the repayment of the same, to the same extent as for other rent herein reserved. 6. Insurance.
A. Lessee shall purchase at its own expense and keep in force during this Lease a policy or policies of: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Comprehensive Liability $1,000,000 property damage per occurrence
$2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit (shall
include coverage for all owned, hired and
non-owed vehicles.
Umbrella or Excess Liability $2,000,000 All Risk or Special Form coverage protecting Lessee against loss of or damage to
Lessee’s alterations, additions, improvements, carpeting, floor coverings,
panelings, decorations, fixtures, inventory, plate glass and other business personal property situated in or about the Premises to the full replacement value of the property so insured; and,
Business Interruption Insurance with limit of liability representing loss of at least
approximately six months of income. B. Comprehensive General/Commercial General Liability policies shall be equivalent in coverage to ISO form CG 0001, and shall include the following:
1. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU).
2. Personal and Advertising Injury coverage with Employment Exclusion (if any) deleted.
3. Broad Form CG0001 0196 Contractual Liability coverage or its equivalent.
4. Broad Form Property Damage coverage, including completed operations, or its equivalent.
5. Additional Insured Endorsement(s) on ISO form CG 2010, or its equivalent, naming “the City of Eden Prairie.”
6. Severability of Insureds provision.
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.
C. Lessee shall maintain in effect all insurance coverages required under this
Paragraph at Lessee’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 Lessor in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph:
1. All polices shall be written on an “occurrence” form (“claims made” and “modified occurrence” forms are not acceptable);
2. All policies, except the Worker’s Compensation Policies, shall contain a
waiver of subrogation naming “the City of Eden Prairie”;
3. All policies, except the Worker’s Compensation Policies, shall name “the City of Eden Prairie” as an additional insured;
4. All policies, except for the Worker’s Compensation Policy, shall be primary and non-contributory;
5. All policies, except the Worker’s Compensation Policies, shall insure the
defense and indemnity obligations assumed by Lessee under this Agreement; and
6. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added,
without thirty (30) days prior written notice to the Lessor.
A copy of the Lessee’s Certificate of Insurance which evidences the compliance with this Section 6 must be filed with Lessor prior to the commencement of the term of this Lease. Upon request a copy of the Lessee’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to Lessor and shall provide
satisfactory evidence that Lessee has complied with all insurance requirements. Renewal certificates shall be provided to Lessor prior to the expiration date of any of the required policies. Lessor will not be obligated, however, to review such declaration page, Rider, Endorsement or certificates or other evidence of insurance,
or to advise Lessee of any deficiencies in such documents and receipt thereof shall
not relieve Lessee from, nor be deemed a waiver of, Lessor’s right to enforce the terms of Lessee’s obligations hereunder. Lessor reserves the right to examine any policy provided for under this paragraph.
D. Effect of Lessee’s Failure to Provide Insurance. If Lessee fails to provide the
specified insurance, then Lessee will defend, indemnify and hold harmless the Lessor, the Lessor’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 Lessor (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 Lessee, its subcontractors, agents, employees or
delegates. Lessee agrees that this indemnity shall be construed and applied in favor of indemnification. Lessee 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 Lessor may require
Lessee to: a. Furnish and pay for a surety bond, satisfactory to the Lessor, guaranteeing performance of the indemnity obligation; or
b. Furnish a written acceptance of tender of defense and indemnity from
Lessee’s insurance company.
Lessee will take the action required by the Lessor within fifteen (15) days of receiving notice from the Lessor.
E. Whenever Lessee shall undertake any alterations, additions or improvements in, to
or about the Premises (“Work”) the aforesaid insurance protection must extend to and include injuries to persons and damage to property arising in connection with such Work, without limitation including liability under any applicable structural work act, and such other insurance as Lessor shall require; and the policies of or
certificates evidencing such insurance must be delivered to Lessor prior to the
commencement of any such Work. Lessee shall also require surety payment and performance bonds, or other similar security approved by Lessor for any Work done on the Premises.
7. Maintenance, Repair, Replacement. Lessee covenants that throughout the term of
this Lease, Lessee will, at its own expense, maintain the Premises and all improvements and fixtures thereon in good order and repair, and shall promptly make all necessary repairs and shall keep the Premises in a clean, safe and sanitary condition in conformity with all applicable laws, ordinances, regulations and codes.
Lessor shall be under no obligation to rebuild, replace, maintain or make repairs to the Premises or the improvements and fixtures thereon, during the term of this Lease; provided, however, that Lessor shall make available to Lessee to the extent of Lessee’s actual expenditures therefor any monies received by Lessor in reimbursement or in compensation for damage or loss
to the Premises in connection with any bonds, insurance, damage recovery or litigation affecting
the Premises. The Premises shall be returned to Lessor at the termination of the Lease in at least as good of a condition as the Premises are in as of the commencement of the Lease. Lessor shall have the right at any reasonable time to inspect the Premises. Lessor may
request that Lessee make any repairs which, in Lessor’s opinion, are reasonable and essential for
the protection and maintenance of the Premises or any part thereof; if Lessee fails to commence such repairs within fifteen (15) days after notice from Lessor, Lessor may make such repairs or cause such repairs to be made, and any expenditures for such work shall be considered as Additional Rent payable in addition to any other rent payable hereunder.
8. Utilities. Lessor shall provide and pay for all water, gas, electricity, and other utilities used in the Premises. Lessor shall not be liable in damages or otherwise for failure to furnish such services where failure or interruption is due to causes beyond Lessor's reasonable
control.
9. Indemnification. Lessee agrees to indemnify and hold Lessor harmless from any and all actions or causes of action, suits, liens, foreclosures, costs, expenses, taxes, damages, debts and liabilities arising out of or in any way related to Lessee’s use, occupation and operations on the Premises. Said obligation of Lessee shall be Additional Rent payable in addition to any other
rent payable hereunder and shall include, without limitation, the obligation to promptly reimburse
Lessor for all reasonable fees and disbursements of counsel in connection with the matters for which Lessee has agreed to indemnify and hold Lessor harmless. 10. Surrender. On the last day of the term of this Lease or on the sooner termination
hereof, the Lessee shall peaceably surrender the Premises in good condition and repair, consistent
with the Lessee’s duties to make repairs as provided in Section 8 hereof. On or before the last day of the term of this Lease or sooner termination thereof, the Lessee shall at its expense remove all of its equipment from the Premises, and any property not removed shall be deemed abandoned. If the Premises are not surrendered at the end of the term or on the sooner termination thereof, the
Lessee shall indemnify the Lessor against any loss or liability resulting from delay by the Lessee
in so surrendering the Premises, including without limitation claims made by any succeeding tenant founded on such delay. The Lessee shall promptly surrender all keys for the Premises to Lessor at the place then fixed for payment of rent and shall inform the Lessor of combinations on any locks and safes on the Premises. In no event shall the Lessee be deemed to have abandoned
the Premises or this Lease during the terms hereof unless the Lessee first obtains the express
written permission of Lessor. The provisions of this section shall survive the termination of the Lease. 11. Holdover. In the event that Lessee continues to occupy the Premises after the
expiration of the term of this Lease or any renewal thereof, or having not given notice that it intends
to exercise any renewal option, nevertheless continues to occupy the Premises after the expiration of the then current term, then such occupancy shall create a month-to-month tenancy at will only, and shall in no event be deemed a renewal of this Lease, and either party may terminate said month-to-month tenancy at will upon notice to the other party in accordance with the laws of the State of
Minnesota. During such month-to-month tenancy at will, Lessee shall pay as rental for the
Premises the same sum per month as it paid during the last preceding tenancy, and said month-to-month tenancy at will shall be governed by all of the conditions, provisions and obligation of this Lease insofar as they can be applicable to a month-to-month tenancy at will.
12. Eminent Domain. If the whole or any part of the leased Premises shall be taken by
any public authority under the power of eminent domain, or is sold to any entity having the power of eminent domain under threat of condemnation, then the term of this Lease shall cease on the party so taken from the date possession shall be required for any public purpose, and the rent shall be paid up to that day. If a portion of the Premises is taken by eminent domain, Lessor shall have
the right to terminate this Lease by giving written notice thereof to Lessee within ninety (90) days
after the date of taking. If a portion of the Premises is taken by eminent domain, and this Lease is not thereafter terminated, Lessee shall continue in the possession of the remainder of the Premises under the terms herein provided, in which case the annual rent payable hereunder shall be equal to the portion that the remaining area of the Premises bears to the area of the Premises prior to the
date of taking. Provided, however, that in the event a portion of the Premises is taken by eminent
domain and this Lease is not thereafter terminated, Lessor shall at its own expense, restore the
Premises, exclusive of any improvements or other changes made to the Premises by the Lessee, to as near the condition which existed immediately prior to the date of taking as reasonably possible, and rent shall abate during such period of time as the Premises are untenable, in proportion that the untenable portion of the Premises bears to the entire remaining Premises. Lessee shall have
the right to claim against the condemning authority for the value of its leasehold estate, leasehold
improvements, fixtures and moving expenses, if any. 13. Fire or Other Casualty. If the Premises are completely destroyed by fire or other casualty, the Lessee shall have the right to terminate this Lease, provided it gives written notice
thereof to the Lessor within ninety (90) days after such destruction. If the Premises are damaged
or destroyed by fire or other casualty, the Lessor shall have the right to terminate this Lease, provided it gives written notice thereof to the Lessee within ninety (90) days after such damages or destruction. If a portion of the Premises is damaged by fire or other casualty and this Lease is not thereafter terminated, the Lessor shall, at its expense, restore the Premises, exclusive of any
improvements or other changes made to the Premises by the Lessee, to as near the condition which
existed immediately prior to such damage or destruction as reasonably possible, and rent shall abate during such period of time as the Premises are untenable, in the proportion that the untenable portion of the Premises bears to the entire Premises. The Lessor shall not be responsible to the Lessee for damage to, or destruction of any of the Lessee's furniture, trade fixtures, equipment,
inventory or improvements, regardless of the cause of such damage or destruction.
14. Default. If the Lessee shall default in the payment of any installment of Base or Additional Rent, or in the observance or performance of any of Lessee’s other covenants, agreements or obligations hereunder, Lessor may, ten (10) days after forwarding written notice of
such default to Lessee, in the manner provided for herein, if such default shall not have been cured
by Lessee, reenter into the Premises and remove all persons and property therefrom, and at its option, annul and cancel this Lease as to all future rights of Lessee and have, regain, repossess and enjoy the Premises, anything herein to the contrary notwithstanding, and Lessee hereby expressly waives the service of any additional notice in writing of intention to reenter as aforesaid, and also
all rights to restoration to possession of the Premises after reentry or after judgment for possession
thereof. In case of any such termination, Lessee will indemnify Lessor against all loss for rents and other damages which it may incur by reason of such termination during the residue of the term of this Lease, and also against all fees and disbursements of counsel incurred in enforcing any of the terms of this Lease.
15. Assignment or Subleasing. Lessee may not sublease the Premises or assign this Lease without the prior written consent of Lessor provided however in the event Lessor grants its consent, no such subletting or assignment shall relieve the Lessee of its duties and obligations hereunder.
16. Renewal Option. Provided Lessee has not been in default in the payment or performance of any of its obligations hereunder, Lessee shall have the Option to renew this Lease for successive renewal periods of one (1) year upon the same terms and conditions as set forth in this Lease, provided, however, that the annual rental and insurance coverage responsibilities for
such renewal periods shall be as set forth pursuant to the terms of Sections 1 and 6, respectively.
17. Successors and Assigns. This Lease shall be binding on and shall inure to the benefit of the parties hereto and their respective assigns, executors, heirs, personal representatives, and successors.
18. Notices. Every notice, approval, consent or other communication authorized or
required by this Lease, shall be effective if given in writing and personally delivered or sent by United States registered or certified mail, return receipt requested, with postage pre-paid, and addressed to the Lessor or Lessee at the following addresses or such other addresses as either party may, from time to time, designate in writing. Any such notice shall be deemed given as of the date
of the postmark thereof.
If to Lessor: City of Eden Prairie 8080 Mitchell Road
Eden Prairie, MN 55344
Attn: City Manager If to Lessee: Independent School District No. 272 8100 School Road
Eden Prairie, MN 55344
Attn: Superintendent 19. Access to Premises. Lessor reserves the right to enter the Premises at reasonable hours for the purpose of assuring compliance by Lessee of all of the terms and provisions herein
contained or for the purpose of exercising rights of Lessor otherwise provided by law.
20. Subordination. The Lessee agrees that at the Lessor’s election this Lease shall be subordinate to any land lease, mortgages, trust deeds, or bond obligations now on or placed on the Premises and to any and all advances to be made thereunder, and to the interests thereon, and all
renewals, replacements, and extensions thereof. The Lessee hereby appoints the Lessor as its
attorney-in-fact to execute such documents as may be required to accomplish such subordination. 21. Brokerage Fees. Each party hereto warrants that it has not incurred any real estate brokerage fees, finder’s fees, loan brokerage fees, or any other fees to any third party in connection
with this Lease. In the event that any third party institutes legal action in an effort to recover such
fees, the parties shall jointly defend such action. If a judgment is obtained against the parties jointly, the party responsible for breach of this warranty shall reimburse the other for the latter’s attorneys’ fees, court costs, expenses, and share of the judgment.
22. Amendment, Modification, or Waiver. No amendment, modification, or wavier of
any condition, provision or term of this Lease shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of such amendment, modification, or waiver. Any waiver by any party of any default or another party shall not affect or impair any right arising from any
subsequent default.
23. Savings Clause. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, the parties hereto agree to cooperate with one another to achieve the intended purpose of this Lease.
24. Entire Agreement. This Lease contains the entire understanding of the parties
hereto with respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by either party hereto to the other unless expressly stated in this Lease or unless mutually
agreed to in writing between the parties hereto after the date hereof, and neither party has relied
on any verbal representations, agreements, or understandings not expressly set forth herein. 25. Captions, Headings or Titles. All captions, headings, or titles in the sections of this Lease are inserted for convenience or reference only and shall not constitute a part of this Lease
as a limitation of the scope of the particular sections to which they apply.
26. Governing Law. This Lease shall be construed and enforced in accordance with the laws of the State of Minnesota.
27. Force Majeure. If the Lessee shall be delayed, or hindered, or prevented from the
performance of any act required hereunder by reason of riots, insurrection, war, or acts of God, then performance of the act shall be excused for the period of delay, and the period for performance shall be extended for a period equivalent to the period of delay.
[signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year
first above written. LESSOR: 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 ___________,
2018, by Ronald Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of the City.
__________________________________________ Notary Public
LESSEE: Independent School District No. 272
By_______________________________________ Its_______________________________________
By_______________________________________
Its_______________________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF ________ )
The foregoing instrument was acknowledged before me this _____ day of ___________,
2021by ______________________________ and _________________________, respectively the _____________________ and _______________________________ of Independent School District No. 272, a Minnesota public school, on behalf of said organization.
__________________________________________ Notary Public
EXHIBIT A
DEPICTION OF PREMISES
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
August 17, 2021
DEPARTMENT / DIVISION
Jonathan Stanley, Office of Housing & Community Services
Janet Jeremiah, Community
Development
ITEM DESCRIPTION
Approve Sub-Grant Agreement between the City and TP Paravel Investor LLC for an $885,000 Met Council LCDA grant for the
Paravel Project
ITEM NO.
VIII.H.
Requested Action Move to approve execution of a Sub-Grant Agreement for an $885,000 Met Council LCDA grant between the City and TP Paravel Investor LLC Synopsis The City applied for, received, and accepted a Local Communities Development Act (“LCDA”) grant award in the amount of $885,000 on behalf of the Paravel project in 2019. The Metropolitan Council requires that the City and the developer execute a sub-recipient grant agreement governing use of the grant funds.
Background This action will memorialize and protect the City’s interest as the applicant for the original LCDA grant awarded to the City to support the Paravel Apartments development. The sub-recipient grant agreement,
required by the Met Council, covers grant eligible expenditures, establishes the timeline for expenditure of grant funds, outlines procedures for requests for disbursement, explains conditions and remedies in the case of default, and contains additional terms and conditions. Attachment
LCDA Sub-Grant Agreement
LIV ABLE COMMUNITIES DEMONSTRATION ACCOUNT
DEVELOPMENT GRANT PROGRAM
SUB-GRANT AGREEMENT
This Sub-Grant Agreement ("Sub-Grant Agreement" or "Agreement") is entered into on
this 17th day of August, 2021 ("Effective Date"), by and between the CITY OF EDEN PRAIRIE,
a Minnesota municipal corporation ("City") and TP PARA VEL INVESTOR LLC, a Minnesota
limited liability company ("Sub-Grantee").
RECITALS
WHEREAS, Sub-Grantee intends to develop fifty (50) affordable apartment units and one
hundred ninety-six (196) market-rate units to be located at or about 635 Prairie Center Drive, Eden
Prairie, Minnesota, to be known as "Paravel," on property legally described on Exhibit A attached
hereto (the "Property''); and
WHEREAS, to assist with the costs of developing the Property, the City, on behalf of Sub-
Grantee, applied for and received a Livable Communities Demonstration Account (LCDA) grant
in the total sum of$885,000.00, which will be allocated to the Project (the "LCDA Grant"), from
the Metropolitan Council ("Council''); and
WHEREAS, on March 23, 2020, the Council and the City entered into a Metropolitan
Livable Communities Act Grant Agreement, Grant No. SG-12580, with an expiration date of
December 31, 2022, a copy of which is attached as Exhibit B ("Grant Agreemenf'); and
WHEREAS, the proceeds of the LCDA Grant may be used for eligible components of the
Project to be constructed on the Property, as set forth in Exhibit C attached hereto and as further
described in the Grant Agreement (the "Grant-Eligible Activities''), which amounts may be
reallocated pursuant to Section 2.09 of the Grant Agreement; and
WHEREAS, the City desires to provide the proceeds of the LCDA Grant to the Sub-
Grantee to provide reimbursement for the Grant-Eligible Activities on the terms and conditions
contained in this Agreement; and
WHEREAS, the City believes that the development of the Project, and fulfillment
generally of this Agreement, are in the vital and best interests of the City and the health, safety,
morals, and welfare of its residents, and in accord with the public purposes and provisions of the
applicable State of Minnesota and local laws and requirements under which the Project has been
undertaken and is being assisted; and
WHEREAS, the City and the Sub-Grantee desire to enter into this Agreement for the
purpose of setting forth their respective responsibilities with respect to the provision of the LCDA
Grant.
NOW, THEREFORE, the parties agree to the following terms:
1. GRANT AGREEMENT. The Grant Agreement, attached as Exhibit B, is incorporated
herein by reference. If there are any inconsistencies or conflicts between this Sub-Grant
Agreement and the Grant Agreement, the terms of the Grant Agreement will control. The
definitions set forth in the Grant Agreement will apply to this Sub-Grant Agreement to the
extent applicable. In addition to the terms, conditions and obligations described herein, the
Sub-Grantee further acknowledges, accepts, and assumes all of the City's obligations
described in the Grant Agreement, unless such obligations can only be reasonably
performed by the City. For purposes of enforcing this Agreement, the Sub-Grantee
acknowledges, accepts, and agrees that the City shall inure to, and possess the rights and
authority of the Council as described in the Grant Agreement.
2. SUB-GRANT. Subject to the terms and conditions of this Agreement, the City grants to
the Sub-Grantee an amount not to exceed the LCDA Grant for costs associated with the
Grant-Eligible Activities ("Project Costs''). In consideration for the sub-grant, Sub-Grantee
agrees to perform all of its obligations under this Agreement. Proceeds of the LCDA Grant
will be disbursed in accordance with Paragraphs 4 and 5 of this Agreement.
3. TIME OF PERFORMANCE. Sub-Grantee must construct all improvements described
on Exhibit C at the Property in accordance with the terms set forth herein. Sub-Grantee
must commence construction of the Grant-Eligible Activities, pay the Project Costs, and
submit all requests for disbursement prior to December 31, 2022.
4. CONDITIONS PRECEDENT TO DISBURSEMENT. The following requirements are
conditions precedent to the City's disbursement of any of the LCDA Grant funds to the
Sub-Grantee:
A. The Sub-Grantee must have provided evidence satisfactory to the City showing that
Sub-Grantee, or an entity in which it has an ownership and management interest,
has title in fee simple and/or site control of the Property;
B. The Sub-Grantee must have provided evidence satisfactory to the City that the
Grant-Eligible Activities and the construction and contemplated use thereof are
permitted by and comply in all material respects with all applicable restrictions and
requirements in prior conveyances, zoning ordinances, subdivision and platting
requirements and other laws and regulations;
C. The Sub-Grantee must have provided evidence satisfactory to the City that other
conditions specified in the authorizing City resolution and the Grant Agreement
have been duly satisfied by the Sub-Grantee or waived in writing by the City or
Council, as applicable;
D. There must be no uncured Event of Default (as defined in Paragraph 7), and no
event which with the giving of notice or the lapse of time or both would constitute
an Event of Default, shall have occurred and be continuing and all representations
and warranties made by the Sub-Grantee in Paragraph 6 hereof shall continue to be
true and correct as of the date of such disbursement;
E. If required by the City, the City shall have been furnished with a statement of the
Sub-Grantee and of any contractor, in form and substance acceptable to the City,
setting forth the names, addresses and amounts due or to become due as well as the
amounts previously paid to every contractor, subcontractor, person, firm or
corporation furnishing materials or performing labor in connection with the
construction of any part of the Grant-Eligible Activities; and
F. The Sub-Grantee must have provided to the City such evidence of compliance with
all of the provisions of this Sub-Grant Agreement as the City may reasonably
request.
5. REQUESTS FOR DISBURSEMENT. It is expressly agreed and understood that the total
amount to be paid by the City under this Contract will not exceed the amount of the LCDA
Grant.
A. Disbursement. The City and the Sub-Grantee agree that, on the terms and subject
to the conditions hereinafter set forth and the conditions set forth in the Grant
Agreement, including the reallocation of Project Costs amongst the Grant-Eligible
Activities pursuant to Section 2.09 of the Grant Agreement, the LCDA Grant will
be disbursed from the City to the Sub-Grantee, or the Sub-Grantee's agent or
designee, in disbursements, with the last disbursement being made upon one
hundred percent (100%) completion of the Grant-Eligible Activities.
Disbursements of the LCDA Grant will not be made more often than monthly.
Notwithstanding anything to the contrary contained herein, the City is only
obligated to make the disbursements hereunder to pay Project Costs in an amount
up to or equal to the lesser of the amount of the LCDA Grant or the amount actually
disbursed by the Council to the City under the Grant Agreement and such obligation
is further subject to the conditions of Paragraph 4 hereof.
B. Disbursement Request.
1. When the Sub-Grantee desires to obtain a disbursement of the LCDA Grant,
the Sub-Grantee shall submit to the City, and the Council if required, the
Disbursement Request Form attached hereto as Exhibit D, together with any
additional documents required by the City or the Council, duly signed by
the Sub-Grantee.
2. The Disbursement Request Form shall be submitted by the Sub-Grantee at
least thirty (30) days prior to the date of the requested disbursement. The
Disbursement Request Form shall constitute a representation and warranty
by the Sub-Grantee to the City that all representations and warranties of the
Sub-Grantee set forth in Paragraph 6 are true and correct as of the date of
such Disbursement Request Form, except for such representations and
warranties which, by their nature, would not be applicable as of the date of
such Disbursement Request.
3. At the time of submission of the Disbursement Request Form, the Sub-
Grantee shall also submit the following to the City:
a. a written lien waiver from the general contractor for work done and
materials supplied by it which were paid or a conditional lien waiver
from the general contractor for work done and materials supplied by
it which are to be paid pursuant to the current Disbursement Request
Form and from each subcontractor for work done and materials
supplied by it which were paid or are to be paid for pursuant to the
prior Disbursement Request Form;
b. evidence satisfactory to the City that the Grant-Eligible Activities
completed as of the date of the Disbursement Request Form have
been constructed in accordance with the plans and specifications
approved by the City in all material respects;
c. an executed Sworn Construction Statement, in form and substance
acceptable to such parties, signed by the Sub-Grantee showing all
costs and expenses of any kind theretofore actually paid or incurred
in constructing the Grant-Eligible Activities; and
d. a certified statement of the Sub-Grantee reflecting the use to which
the proceeds of the LCDA Grant have been applied in addition to
those uses reflected in the Sworn Construction Statement referred to
in 3.c above.
4. Upon receipt of the Disbursement Request Form, ifthe City has determined
that all the conditions set forth in Paragraphs 4 and 5 have been satisfied, a
request for disbursement will be submitted to the Council. The adequacy of
the request for disbursement will be determined by the City and the Council
in their sole discretion, but such request may not be denied by the City if all
conditions in Paragraphs 4 and 5 hereof have been satisfied. After
submission of the Disbursement Request Form, if the Sub-Grantee has
performed all of its agreements and complied with all requirements to be
performed or complied with under this Agreement and the Grant
Agreement, including satisfaction of all applicable conditions precedent
contained in Paragraph 4 hereof, the City will make a disbursement to the
Sub-Grantee, or the Sub-Grantee's agent or designee, in the amount of the
requested disbursement or such lesser amount as shall be approved, within
forty-five (45) days after the date of the City's receipt of the Disbursement
Request Form, or, if later, upon receipt of grant proceeds from the Council.
Each disbursement will be paid from the proceeds of the LCDA Grant,
subject to the City's and the Council's determination that the relevant
Project Cost is payable from the LCDA Grant under the Grant Agreement.
The City is under no obligation to disburse any proceeds of the LCDA Grant
until it receives a disbursement of the LCDA Grant from the Council.
Notwithstanding anything to the contrary herein, ifthe Project Costs of the
Grant-Eligible Activities exceeds the amount to be reimbursed under this
Agreement, such excess shall be the sole responsibility of the Sub-Grantee.
6. REPRESENTATIONS AND WARRANTIES OF SUB-GRANTEE. Sub-Grantee
covenants, represents, warrants, and agrees that:
A. The Sub-Grantee is a limited liability company duly organized and validly existing
under the laws of the State of Minnesota, is duly authorized to operate in the State
of Minnesota, has the power to enter into and execute this Agreement and by
appropriate action has authorized the execution and delivery of this Agreement.
B. Sub-Grantee will permit the City, upon reasonable notice, to examine all books,
records, contracts, plans, permits, bills, and statements of account pertaining to the
Grant-Eligible Activities and to make copies as the City may require.
C. Sub-Grantee will obey and comply with all federal, state, and local laws, rules, and
regulations in connection with the Project.
D. The City's actions in approving the Sub-Grant will not be construed as an approval
by the City of providing any additional funds for the Project or other improvements
to the Property.
E. Sub-Grantee agrees to pay for all of the costs incurred to construct the Grant-
Eligible Activities including any cost overruns. Except as identified in the Grant
Agreement, there are no public funds for the Grant-Eligible Activities except for
the LCDA Grant.
F. Sub-Grantee is bound by all the terms and conditions of the Grant Agreement to
the same extent as City.
G. Sub-Grantee will comply with all requirements of the Grant Agreement applicable
to the Sub-Grantee.
H. All contractors and subcontractors performing work covered by the Grant
Agreement will comply with all applicable state and federal Occupational Safety
and Health Act regulations.
I. The affordability and affirmative fair housing marketing plans requirements of
Section 3.01 and 3.02 of the Grant Agreement are expressly incorporated into this
Sub-Grant Agreement as if the same had been fully set out.
J. Sub-Grantee will not use the LCDA Grant proceeds for loans or grants to any
subgrantee or subrecipient at any tier without the prior written consent of the City
and the Council, except that the parties hereto acknowledge that Sub-Grantee is not
the fee title holder to the Property, but has the effective ability to control the
business and affairs of the fee title holder to the Property.
K. The Sub-Grantee agrees for the duration of the Project not to discriminate against
any employee or applicant for employment because of race, color, creed, or national
origin. The Sub-Grantee must include a similar provision in all contracts and
subcontracts entered into for the performance of Project work. This Contract may
be cancelled or terminated by the City, and all LCDA Grant funds due or to become
due under the Agreement may be forfeited for a second or subsequent violation of
the terms or conditions of this paragraph.
L. The Sub-Grantee recognizes the City is an equal opportunity employer and agrees
in connection with the Project to take affirmative action to provide equal
employment opportunities to its employees without regard to race, color, sex, creed,
national origin, religion, disability, age, marital status, sexual preference, or status
with regard to public assistance.
7. DEFAULT. Any one or more of the following shall constitute an event of default (an
"Event of Default") under this Agreement:
A. Sub-Grantee shall herein default in the performance or observance of any
agreement, covenant or condition required to be performed or observed by the Sub-
Grantee under the terms of this Agreement or the Grant Agreement, to the extent
such obligations exist, and such default shall not be remedied within sixty (60) days
after written notice to the Sub-Grantee from the City specifying such default.
B. The Sub-Grantee shall be in default of any term of any other agreement relating to
the Grant-Eligible Activities which is not cured within sixty (60) days after written
notice from the City or if the default cannot be cured within sixty (60) days within
such reasonable time as is required to cure the default, provided that the Sub-
Grantee is diligently pursuing a cure.
C. Any representation or warranty made by the Sub-Grantee herein or any document
or certificate furnished to the City shall prove at any time to be materially incorrect
or misleading as of the date made.
D. The Sub-Grantee engages in any illegal activities.
E. The Sub-Grantee uses any of the LCDA Grant funds contrary to this Agreement or
the Grant Agreement which is not cured within sixty (60) days after written notice
from the City.
F. The Sub-Grantee shall fail to indemnify and hold harmless the City as set forth in
Paragraph 9.B which is not cured within ten (10) business days after written notice
from the City.
8. REMEDIES. Whenever any Event of Default shall have happened and is continuing
beyond any applicable cure period any one or more of the following remedial steps may be
taken by the City:
A. The City may terminate this Agreement;
B. The City may suspend or terminate any further disbursements to be made under this
Agreement;
C. The City may suspend its performance under this Agreement during the
continuance of the Event of Default; and/or
D. The City may take whatever action at law or in equity may be necessary or
appropriate to seek repayment or reimbursement of the LCDA Grant funds
disbursed to the Sub-Grantee, to enforce performance and observance of any
obligation, agreement, covenant, representation or warranty of the Sub-Grantee
under this Agreement, or any related instrument; or to otherwise compensate the
City for any damages on account of such Event of Default.
No remedy conferred upon or reserved to the City is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and
shall be in addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity or by statute. No delay or omission to exercise any right or
power accruing upon any Event of Default shall impair any such right or power, nor shall
be construed to be a waiver thereof, but any such right and power may be exercised from
time to time and as often as may be deemed expedient. In order to entitle the City to
exercise any remedy reserved to it in this Paragraph, it shall not be necessary to give any
notice, other than such notice as may be herein expressly required or be required by law.
9. ADDITIONAL REQUIREMENTS.
A. Independent Contractor. Nothing contained in this Agreement is intended to, or
may be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. The Sub-Grantee will at all times remain
an independent contractor with respect to the Project work. The City is exempt from
payment of all unemployment compensation, FICA, retirement, life and/or medical
insurance and workers' compensation insurance because the Sub-Grantee is an
independent contractor.
B. Indemnification and Hold Harmless. Sub-Grantee will defend, indemnify, and hold
harmless the City and its members, employees, and agents, including the
independent contractors, consultants and legal counsel, servants and employees
thereof (the "Indemnified Parties") from and against all claims, damages, losses,
and expenses, including but not limited to reasonable attorneys' fees, arising out of
or resulting from the conduct or implementation of the Project activities funded by
this Sub-Grant Agreement, or by reason of this Agreement and against any loss or
damage to property or any injury to or death of any person occurring at or about or
resulting from any defect in the Project, and of and from any and all claims and
demands whatsoever that may be asserted against City by reason of any alleged
obligations or undertakings on the Sub-Grantee's part to perform or discharge any
of the terms, covenants, or agreements contained herein except to the extent the
claims, damages, losses, and expenses arise from the City's own negligence. Claims
included in this indemnification include, without limitation, any claims asserted
pursuant to the Minnesota Environmental Response and Liability Act (MERLA),
Minnesota Statutes Chapter 15B, the federal Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) as amended,
United States Code, title 42, sections 9601 et seq., and the federal Resource
Conservation and Recovery Act of 1976 (RCRA) as amended, United States Code,
title 42, sections 6901 et seq. This obligation may not be construed to negate,
abridge, or otherwise reduce any other right or obligation of indemnity which
otherwise would exist between the City and Sub-Grantee. The provisions of this
Paragraph shall survive the execution, delivery, performance and/or or termination
of this Agreement. This indemnification may not be construed as a waiver on the
part of the City of any immunities or limits on liability provided by Minnesota
Statutes chapter 466, or other applicable state or federal law.
10. NOTICES. Communication and details concerning this Sub-Grant Agreement must be
directed to the following:
If to City: City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Attn: Community Development Director
Phone: (952) 949-8529
With a copy to: Margaret L. Neuville
Gregerson, Rosow, Johnson & Nilan, Ltd.
100 Washington Ave S., Suite 1550
Minneapolis, MN 55401
Phone: (612) 436-7463
If to Suh-Grantee: TP Paravel Investor LLC
8500 Normandale Lake Boulevard, Suite 700
Bloomington, MN 55437
Attn: Ryan Sailer, Vice President
Phone: (952) 351-9308
With a copy to: Barna, Guzy & Steffen
200 Coon Rapids Blvd. NW, Suite 400
Coon Rapids, MN 55433
Attn: Thomas Wentzell, Esq.
Phone: (763) 783-5116
All notices required or permitted under this Sub-Grant Agreement must be in writing and
must be sent by personal delivery, by United States registered or certified mail (postage
prepaid), or by an independent overnight courier service, addressed to the addresses
specified above or at such other place as either party may designate to the other party by
written notice given in accordance with this section. Notices given by mail are deemed
delivered and received within four business days after the party sending the notice deposits
the notice with the United States Post Office. Notices delivered by courier are deemed
delivered and received on the next business day after the day the party delivering the notice
timely deposits the notice with the courier for overnight (next business day) delivery.
11. ADMINISTRATIVE REQUIREMENTS
A. Accounting Standards. The Sub-Grantee must maintain the necessary source
documentation and enforce sufficient internal controls as dictated by generally
accepted accounting practices to properly account for Project Costs.
B. Records.
1. Retention. The Sub-Grantee must retain all records pertinent to the Project
Costs for a minimum of six years following the completion of the Project
or expenditure of the Subgrant funds, whichever occurs earlier.
2. Availability. Upon request, Sub-Grantee must submit to the City a full
account of the status of the activities undertaken as part of this Agreement.
The following records shall be maintained by the Sub-Grantee, copies of
which shall be submitted in such form as City staff may prescribe:
a. All receipts and invoices relating to expenditure of LCDA Grant
funds.
b. Records must be sufficient to reflect all costs incurred in
performance of this Agreement.
Sub-Grantee must further provide such information as requested by the City
to enable the City to provide annual and semi-annual written reports to the
Council pursuant to Section 2.05(c) and 4.03 of the Grant Agreement.
3. State Audits. Under Minn. Stat. § 16C.05, subd. 5, Sub-Grantee's Project-
related books, records, documents, and accounting procedures and practices
relevant to this Sub-Grant Agreement are subject to examination by the
State and/or the State Auditor or Legislative Auditor, as appropriate, for a
minimum of six (6) years following the expenditure of the Subgrant funds,
whichever occurs earlier.
4. Government Data Practices. Sub-Grantee and City must comply with the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies
to all Project-related data provided by Sub-Grantee under this Agreement,
and as it applies to all Project-related data created, collected, received,
stored, used, maintained, or disseminated by Sub-Grantee under this
Agreement. The civil remedies of Minn. Stat. § 13 .08 apply to the release
of the Project-related data referred to in this clause by either Sub-Grantee
or the City. If Sub-Grantee receives a request to release the Project related
data referred to in this clause, Sub-Grantee must immediately notify the
City. The City will give Sub-Grantee instructions concerning the release of
the Project-related data to the requesting party before the Project related
data is released.
5. Close-Outs. The Sub-Grantee's obligation to the City will continue until all
Council closeout requirements are met. The City will specify in writing any
remaining Council closeout requirements to the Sub-Grantee.
12. MISCELLANEOUS
A. Amendments. Any amendment to this Sub-Grant Agreement must be in writing and
will not be effective until it has been executed and approved by the same parties
who executed and approved the Sub-Grant Agreement, or their successors in office.
B. Waiver. The failure of either party to enforce any provision of this Sub-Grant
Agreement does not result in a waiver of the right to enforce the same or another
provision of the Sub-Grant Agreement in the future.
C. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its
choice-of-law provisions, governs this Sub-Grant Agreement. Venue for all legal
proceedings out of this Sub-Grant Agreement, or its breach, must be in the
appropriate state or federal court with competent jurisdiction in Hennepin County,
Minnesota.
D. Termination for Insufficient Funding. Notwithstanding anything herein to the
contrary, the Sub-Grantee understands and agrees that any reduction or termination
of the Grant may result in a like reduction or termination of the Subgrant. In
addition, if the Council fails or refuses to fund the Grant, the City may immediately
terminate this Sub-Grant Agreement by delivering written notice to Sub-Grantee.
The termination date will be the date the notice is delivered to Sub-Grantee and the
City is not obligated to pay for any costs incurred after the termination date;
provided, however, Sub-Grantee will be entitled to payment, determined on a pro
rata basis, for costs incurred up to the termination date to the extent that Grant funds
are available.
E. Attorneys' Fees and Expenses. In the event the Sub-Grantee should default under
any of the provisions of this Agreement and the City should employ attorneys or
incur other expenses for the collection of amounts due hereunder or the
enforcement of performance of any obligation or agreement on the part of the Sub-
Grantee, the Sub-Grantee will on demand pay to the City the reasonable fee of such
attorneys and such other expenses so incurred, but only in the event the City
prevails in pursuing such claims.
F. Counterparts. This Sub-Grant Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken
together shall constitute one and the same agreement. This Agreement may be
transmitted by fax or by electronic mail in portable document format ("pdf') and
signatures appearing on faxed instruments and/or electronic mail instruments shall
be treated as original signatures.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
[SIGNATURE PAGES FOLLOW]
CITY OF EDEN PRAIRIE
By: Ronald A. Case
Its: Mayor
By: Rick Getschow
Its: City Manager
TP PARA VEL INVESTOR, LLC
By: Matthew R. Fransen
Its: Manager
Date: __ ~ __ {_-_'2--_t>_Z._I __
Exhibit A
Legal Description of Property
Lot 1, Block 1, Castle Ridge 4th Addition, Hennepin County, Minnesota.
Exhibit B
Metropolitan Council
Livable Communities Demonstration Account
Development Grant Program
Metropolitan Livable Communities Act
Grant Agreement
Exhibit C
Grant-Eligible Activities
Grant-Eligible Activities include those costs outlined in the Grant Agreement, including:
$500,000
$135,000
$250,000
Site Acquisition After Date of Award
Stormwater Management: Irrigation Reuse System; Green Roof; Permeable
Pavers
Site Preparation; Grading and/or Soil Correction
Exhibit D
Metropolitan Council
Livable Communities Demonstration Account
Development Grant Program
Disbursement Request Form
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 17, 2021
DEPARTMENT/DIVISION:
Robert Ellis
Public Works / Engineering
ITEM DESCRIPTION: #18825
Approve Tolling Agreement with Coal Tar Sealant Manufacturers
ITEM NO.:
VIII.I.
Requested Action Move to: Approve Tolling Agreement between the City and the Coal Tar Sealant Manufacturer Defendants. Synopsis This tolling agreement between Plaintiffs (City of Burnsville, City of Eden Prairie, City of Maple Grove, City of White Bear Lake, City of Minnetonka, City of Bloomington, City of Golden Valley, City of Eagan, City of Apple Valley, City of St. Cloud, and City of Inver Grove Heights) and
Manufacturer Defendants (Bonsal American, Inc., Specialty Technology and Research, Inc., Vance
Brothers, Inc., and The Brewer Company) is intended to toll all claims against the Manufacturer Defendants, subject to reinstatement if Plaintiffs are successful in an appeal to the Eighth Circuit Court of Appeals.
Background Information Plaintiffs commenced lawsuits in the U.S. District Court for the District of Minnesota on or after December 28, 2018, which have been consolidated in In re Municipal Stormwater Pond Coordinated Litigation, No. 0:18-CV-03495 (the “Action”), against Beazer East, Inc., Lone Star Specialty Products,
LLC, Coopers Creek Chemical Corporation, Koppers Inc., Ruetgers Canada Inc., and Stella-Jones
Corporation (collectively, “Refiner Defendants”), alleging to have refined coal tar used to produce pavement sealants believed to have contaminated Plaintiffs’ stormwater drainage ponds. At various times since March 4, 2019, Plaintiffs filed complaints or amended their complaints to add Bonsal American, Inc., Specialty Technology and Research, Inc., Vance Brothers, Inc., and The Brewer
Company, (collectively “Manufacturer Defendants”) alleging to have manufactured and sold coal tar
pavement sealants (“Sealants”) responsible for contaminating stormwater drainage ponds owned and maintained by Plaintiffs. All Refiner Defendants were dismissed from the Action pursuant to court orders issued on either
November 25, 2019 or December 20, 2019 (ECF 204 and 206). Defendants do not admit that their
Sealants contaminated Plaintiffs’ stormwater drainage ponds and further deny each allegation made in the Action, and deny any and all liability to Plaintiffs. Through this agreement the Parties agree that claims against Defendants should be tolled and voluntarily dismissed, subject to reinstatement only if Plaintiffs are successful in an appeal to the Eighth Circuit Court of Appeals. This Agreement is
intended to toll all claims against Defendants, subject to reinstatement if Plaintiffs are successful in an
appeal to the Eighth Circuit Court of Appeals. In the event Plaintiffs are unsuccessful in their appeal
to the Eighth Circuit Court of Appeals, or otherwise decline to reinstate claims against Defendants
following a successful appeal, this Agreement is intended to settle and resolve any and all past, present,
or future claims, litigation, causes of action, demands, damages, and judgments that the Parties may have against each other arising out of and/or in any way related to the Sealants and the Action. Attachment
Tolling Agreement
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 17, 2021
DEPARTMENT/DIVISION:
Mary Krause
Public Works / Engineering
ITEM DESCRIPTION: I.C. 17-5983
Award Contract for Duck Lake Road
Reconstruction Project to Kraemer
North America, LLC
ITEM NO.:
VIII.J.
Requested Action Move to: Award contract for the Duck Lake Road Reconstruction Project (I.C. 17-5983) to
Kraemer North America, LLC in the amount of $4,480,086.26.
Synopsis Sealed bids were received on Tuesday, August 10, 2021 for this project. Three (3) bids were
received and are summarized in the attached Consultant Recommendation Letter. The low bid in
the amount of $4,480,086.26 was submitted by Kraemer North America, LLC and is approximately 18% above the Engineer’s Estimate. Higher than expected prices for the bridge components including significant increases in the price of steel resulted in the higher bid. Our consultant and staff recommend awarding the contract for the project to Kraemer North America,
LLC in the amount of $4,480,086.26.
Background Information The City began developing plans for the reconstruction of Duck Lake Road from Mallard Court
to Duck Lake Trail in 2017. Based on the preliminary design work and the public feedback that
has been provided over the past several years the Duck Lake Road Improvement Project now includes a 235’ bridge over Duck Lake including decorative railing, the restoration of lake bed in that area, a stormwater management system, pedestrian facilities on both sides of the project, and a fishing pier on the east side of the bridge.
Project Cost Summary The total cost estimate of the Duck Lake Road Improvements is approximately $5,800,000. Final costs of the project in addition to construction costs will include engineering, geotechnical,
acquisition of easements, construction management and interest. Primary funding for the project
will be from Municipal State Aid funds, Storm Water Utility Funds as well as a maximum contribution from the Riley Purgatory Bluff Creek Watershed District in the amount of $1,175,000.
Attachments
Consultant Recommendation Letter Contract Resolution
H:\EDPR\T16113925\1_Corres\C_To Others\City\0810 2021 Award Recommendation Letter.docx
August 11, 2021 Ms. Mary Krause
Sr. Project Engineer City of Eden Prairie
Mkrause@edenprairie.org Re: Duck Lake Road Improvements City of Eden Prairie, MN BMI Project No. T16.113925 Dear Ms. Krause:
Bids on the above-referenced project were opened at 10:00 a.m. on August 10, 2021. There were three bidders for the project; a tabulation of bids received is below. The low bidder on the project is Kraemer North America, LLC. with a total bid of $4,480,086.26. The engineer’s estimate was $3,732,815.
Kraemer North America, LLC $ 4,480,086.26
Redstone Construction, LLC $ 4,846,119.30
Lunda Construction Company $ 4,882,725.79 Construction costs (bid prices) have been escalating since the start of the year, including a spike in steel
prices since the last engineer’s estimate was prepared in May. Six of the line items associated with the bridge work on this project account for seventy percent (70%) of the difference between the engineer’s estimate and the low bid. Kraemer North America, LLC has previous experience on projects of this size and nature in metro communities including: Edina, St. Paul, Minneapolis. Based on the competitive bids the City received we recommend the City of Eden Prairie award the project to Kraemer North America, LLC. If you have any questions regarding this award recommendation, please contact me at your convenience. Sincerely,
Bolton & Menk, Inc.
Sarah E. Lloyd, P.E. Principal Engineer
FC-1
FORM OF CONTRACT
THIS AGREEMENT, made and executed this day of 2021, by and between City of Eden Prairie hereinafter referred to as the "CITY", and _Kraemer North America, LLC hereinafter referred to as the "CONTRACTOR",
WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. _17-5983 Duck Lake Road Reconstruction
CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance
with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $4,480,086.26.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement
e. Contractor's Performance Bond
f. Contractor's Payment Bond (2) Special Conditions
(3) Detail Specifications
(4) General Conditions (5) Plans
FC-2
(6) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE, MN.
By
Its City Mayor And
Its City Manager
CONTRACTOR
In Presence Of: By
Title
And Title
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-__ RESOLUTION ACCEPTING BID FOR DUCK LAKE ROAD RECONSTRUCTION PROJECT
I.C. 17-5983
WHEREAS, pursuant to an advertisement for bids for the following improvement:
I.C. 17-5983: Duck Lake Road Reconstruction Project bids were received, opened and tabulated according to law. Those bids received are shown on the attached Consultant Recommendation Letter; and
WHEREAS, the City Engineer recommends award of Contract to Kraemer North America, LLC
as the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a Contract
with Kraemer North America, LLC in the name of the City of Eden Prairie, in the amount of
$4,480,086.26, in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on August 17, 2021.
Ronald A. Case, Mayor
ATTEST: SEAL
Kathleen Porta, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 17, 2021
DEPARTMENT/DIVISION:
Mary Krause
Public Works / Engineering
ITEM DESCRIPTION: #17-5983
Approve Professional Services
Agreement with Bolton & Menk for
Construction Services for the Duck Lake Road Reconstruction Improvement Project
ITEM NO.:
VIII.K.
Requested Action
Move to: Approve Professional Services Agreement with Bolton & Menk for Construction
Services for the Duck Lake Road Reconstruction Improvement Project in the amount of $358,432. Synopsis
This Professional Services Agreement will provide construction administration (including construction observation, surveying, and various documentation) services for the Duck Lake Road Reconstruction Improvement Project.
Work on the project is expected to begin in early September of 2021 with correction of
underlying poor soils. The bulk of the work including construction of the bridge will occur in 2022 with final completion of the project taking place in early 2023. Background Information
The Duck Lake Road Reconstruction Project includes 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 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 that includes a fishing pier.
Financial Implications The Professional Services Agreement with Bolton & Menk has an estimated cost of $358,432. The total estimated project cost is approximately $5.8 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 17th day of August, 2021, 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 Construction Services for the 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 (Proposal letter dated August 6, 2021) 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 17, 2021 through August 30,
2023, 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 $358,432 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.
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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
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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
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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
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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
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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.
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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.
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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\Construction\Duck Lake Road Construction Services.docx
August 6, 2021
Ms. Mary Krause
Sr. Project Engineer City of Eden Prairie
RE: Proposal for Construction Services Duck Lake Road Improvements
Dear Ms. Krause:
Bolton & Menk is pleased to provide you with this proposal for Construction Services in continued
support of the City’s Duck Lake Road Improvements, City Project 17-5983, S.A.P. 181-121-001. This proposal is based off the final plans and specifications completed in July 2021.
SCOPE OF WORK
The City of Eden Prairie is requesting construction services in support of the City’s Duck Lake Road Improvement project that is scheduled to begin later this summer with surcharging activities taking place this fall and the majority of roadway and bridge construction happening in 2022. The City of Eden Prairie
is utilizing State Aid funding for a portion of the project, therefore the project will need to be administered in according with MSA requirements. We have estimated a 20 week construction season for the project in 2022. It is anticipated that bridge construction will take approximately 16-weeks, we expect the roadway work will overlap with the bridge schedule for the majority of the project.
The City of Eden Prairie is requesting construction services support including: construction administration, construction observation, construction staking, construction communication and preparation of record drawings. The improvements will be completed in accordance with the plans and specifications finalized in July 2021.
Task 1: Construction Administration
I will continue to serve as your project manager through the construction phase, I will be supported by our Structural and Water Resources team as needed to effectively manage Construction Administration activities. Responsibilities of this Task include: coordinating and facilitating the preconstruction meeting
and weekly construction meetings, stakeholder and resident coordination (including construction open house – anticipated for Spring 2022), shop drawing review, preparing pay applications, tracking and negotiating contract changes, oversight of the construction observer, and overall team management and
coordination. We have estimated 5 hours/week for Project Management.
Our structural team will complete the following activities as a part of Task 1: shop drawing review,
material certification (not testing), bridge load rating form RC-CL, and initial bridge safety inspection & SIMS data entry. We have estimated the structural team to spend between, on average, 10 hours/week on these activities.
EXHIBIT A
Name: Duck Lake Road Construction Services Date: August 6, 2021
N:\Proposals\Eden Prairie\Duck Lake Road\Construction\Duck Lake Road Construction Services.docx
Task 2: Construction Observation Duties of the Resident Project Representative (RPR) will include attendance at the pre-construction meeting and all construction-related meetings; review shop drawings; service as a liaison between the City and the contractor; review of the ongoing and completed work to monitor and document if the project is in general conformance with the plans and specifications; review and scheduling of all materials testing (under separate contract); maintenance of construction documentation, including entering quantities and daily logs; and communication with affected property owners, as necessary, to address their construction-related concerns and issues. The Construction Observer will also complete field interviews with construction staff and review the contractor’s certified payroll as required by Minnesota State Aid. Staffing of the RPR role for the 2022 construction season will be better identified once the contractor’s construction schedule is known. A bridge certified RPR will be utilized for all or a portion of the 2022 observation.
Full time construction observation is proposed for this project. We have estimated 60 hours/week for full time construction observation.
Task 3: Construction Staking Bolton & Menk will provide construction staking including staking for the project including:
• Storm sewer utilities typically at 50’ increments and at structure locations
• Construction limits will be staked at 100’ increments.
• Staking to proposed curb typically at 25’ increments, high points, low points, and points of horizontal and vertical curvature.
• Control and Working Points for bridge construction Task 4: Construction Communication A communication specialist will assist the project team with monthly project newsletters. The newsletter/project updates will be provided to the City for posting on the City’s project website.
Task 5: Record Drawings Record drawings detailing the completed improvements as recorded by the construction observer will be completed and furnished to the City in hard copy and electronic format. Bolton & Menk will prepare as-built record drawings for the City following construction. We anticipate this work to take approximately 80 hours. 2021 Construction Services / Construction Start-up 2021 construction activities are expected to be limited to surcharging on the north and south ends of Duck Lake. Our team will provide construction start-up services including: resident communication, construction staking preparation, and preconstruction meeting. Construction observation will be on a part-time basis for the surcharging work and is anticipated to
average 12 hours/week over 8-weeks. Construction administration is estimated at 5 hours/week. Bolton & Menk, Inc. shall not supervise, direct, or have control over the contractor’s work. Bolton &
Menk, Inc. shall not be responsible for the means, methods, procedures, techniques, or sequences of construction, nor for the safety on the job site.
Name: Duck Lake Road Construction Services Date: August 6, 2021
N:\Proposals\Eden Prairie\Duck Lake Road\Construction\Duck Lake Road Construction Services.docx
PROJECT FEES
Because the engineer has no direct control over the scheduling or operations of the project contractor, construction phase services described in this proposal are proposed to be provided on an hourly basis. The
estimated total fee for construction services described in this proposal for work beginning in 2021 and going through project close-out is $358,432. Estimates for the work described above are as follows:
2021 2022 Construction Phase Start Up $12,082 $ 11,433 Construction Administration $ 8,060 $ 51,948
Construction Observation $13,920 $185,600
Construction Staking $ 4,318 $ 30,380
Construction Communication $ 11,000
Record Drawings $ 20,361
Project Close Out / Punchlist $ 9,360
Estimated Construction Services $ 38,380 $ 320,082
Thank you for the opportunity to assist the City with this project, we are excited to see this project move into the construction phase! We look forward to providing these professional services to the City of Eden Prairie and continuing to work with the City on this important project. Please contact us if you have any questions, need additional information. Respectfully submitted,
Bolton & Menk, Inc.
Sarah E. Lloyd, P.E. Principal Engineer
cc: Rod Rue, PE, City Engineer
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 17, 2021
DEPARTMENT/DIVISION:
Mary Krause
Public Works / Engineering
ITEM DESCRIPTION: #17-5983
Approve Professional Services Agreement with American Engineering Testing for Materials Testing Services
for Duck Lake Road Improvement Project
ITEM NO.:
VIII.L.
Requested Action Move to: Approve Professional Services Agreement with American Engineering Testing, Inc. for Materials Testing for the Duck Lake Road Improvement Project in the
amount of $93,302.50.
Synopsis This Professional Services Agreement will provide materials testing services for the Duck Lake
Road Improvement Project. Testing services will include monitoring of settlement plates for the
surcharge areas, soil sampling and testing, bituminous sampling and testing, and concrete sampling and testing. Background Information
The Duck Lake Road Reconstruction Project includes 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 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 that includes a fishing pier.
Financial Implications The Professional Services Agreement with American Engineering Testing has an estimated cost
of $93,302.50. The total estimated project cost is approximately $5.8 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 17th day of August, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and American Engineering Testing, Inc., (“Consultant”), a Minnesota
Corporation (hereinafter "Consultant") whose business address is 550 Cleveland Avenue North,
St. Paul, MN 55114. 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 Construction Testing Services for Duck Lake Road Reconstruction 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 (Proposal Letter dated August 9, 2021) 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 17, 2021 through August 30, 2023, 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 $ 93,302.50 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the City.
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c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the
Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement. He
or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours
worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
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b. Suspended Work. If any work performed by the Consultant is suspended in
whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: “I declare under penalty of
perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on
the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries,
loss, or damages proximately caused by Consultant's breach of this standard of care.
Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for
services rendered and reimbursable expenses until the effective date of termination. If
however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of
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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
Comprehensive Automobile
Page 5 of 10 2017 06 01
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 loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable.
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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 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
Page 7 of 10 2017 06 01
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 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
Page 8 of 10 2017 06 01
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.
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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.
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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 Agreementshall 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:
August 9, 2021
City of Eden Prairie
Public Works Department
8080 Mitchell Road Eden Prairie, MN 55344
Attn: Ms. Mary Krause (mkrause@edenprairie.org)
RE: Quality Assurance Testing Proposal Duck Lake Road Improvements SAP 181-121-001
City IC No. 17-5983
T16.113925 AET Proposal No. QUO-00301701
Dear Ms. Krause:
Thank you for the opportunity to provide a proposal to perform testing services on the referenced projects. This proposal has been prepared in response to your recent request by email on July 12, 2021, and describes our understanding of the project, our anticipated scope of services, our unit rates, and an estimated total fee to perform these services.
PROJECT INFORMATION
The City of Eden Prairie (the City) is planning for bridge and road reconstruction projects. The projects will include Duck Lake Road from 200 ft south of the intersection with Pavelka Drive north to Duck Lake Trail. The projects are anticipated to be funded with a combination of state
and local funds.
We have reviewed the plans and specifications provided to us (Dated July 14, 2021). We understand these projects will incorporate MnDOT’s 2019 State Aid for Local Transportation Schedule of Materials Control (2019 SALT SMC) in the project specifications to determine the
minimum testing rates for the project. We have used the 2019 SALT SMC to determine the number of tests required, for estimation purposes. Our estimates are also based upon the schedule of work performed by the contractor. We understand Construction Inspection and Contract Management of the project will be performed by BMI.
We understand the majority of the construction will occur in the 2022 construction season, with the construction of the required surcharge to take place in the fall of 2021. We further understand this surcharge will be constructed in four stages.
550 Cleveland Avenue North St. Paul, MN 55114
Phone 651-659-9001 Toll Free 800-972-6364 Fax 651-659-1379 www.amengtest.com AA/EEO
This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc.
CONSULTANTS
ENVIRONMENTAL
GEOTECHNICALMATERIALSFORENSICS
EXHIBIT A
City of Eden Prairie – Duck Lake Road Improvements AET Proposal No. QUO-00301701
August 9, 2021
Page 2 of 5
PROJECT APPROACH
During the construction improvements, AET will provide experienced MnDOT certified Engineering Technicians to perform sampling and material testing services in accordance with the 2019 SALT SMC.
We understand that the City or BMI will contract with MnDOT Metro Inspections for bituminous and concrete plant monitoring.
SCOPE OF SERVICES
Based on an estimated scope, our anticipated services are outlined below. These services will be provided on an on-call basis coordinated through authorized City or BMI field personnel.
Surcharge
As part of AET’s services for this project, an experienced MnDOT certified Engineering Technician will visit the site on a part-time basis during the placement of material to build the embankment and surcharge. The surcharge is to be constructed in four stages. We have assumed the contractor will take one week (5-business days) to complete each stage of fill placement for the construction of the embankment and surcharge. Our Engineering Technician will visit the site
twice daily during this work.
The contractor is required to install settlement plates to monitor the surcharge and collect survey data of the settlement plates during the required monitoring periods as called out in the project specifications and associated geotechnical report. Our geotechnical engineering staff will review
the survey data provided and provide recommendations regarding the performance of the surcharge.
Soils Sampling and Testing Our estimate of the sampling and testing to be performed on the grading and base items is based
on the requirements of MnDOT’s “Specified Density Method” and in accordance with the MnDOT SMC. AET will perform MnDOT Relative Density testing (Proctor) as well as in-place density and moisture testing on the following materials:
•Utility Trench Backfill
•Embankment Fill
The MnDOT Dynamic Cone Penetrometer will be used to verify compaction on the granular
sections, including the Select Granular Borrow and the Class 5 Aggregate Base sections of the
project following the MnDOT Penetration Index procedures in accordance with the 2019 SALT SMC.
City of Eden Prairie – Duck Lake Road Improvements AET Proposal No. QUO-00301701
August 9, 2021
Page 3 of 5
Bituminous Pavement Sampling and Testing As bituminous paving is being completed, AET personnel will pick-up companion samples provided by the contractor, during each day of paving, and transport the samples to our St. Paul, Minnesota laboratory. Samples will be tested in our laboratory for MnDOT Gyratory Mix
Properties as follows:
•Gyratory Density (AASHTO T 312) MnDOT Modified
•Rice Specific Gravity (ASTM D2041)
•Asphalt Extraction and Aggregate Gradation (ASTM D2172 Method E-11) MnDOTModified C137 and C117
•Fine Aggregate Angularity (AASHTO T 304, Method A, MnDOT 1206.5)
•Percent Crushed Particles (MnDOT 1214.8)
AET will use the MnDOT program to determine random core locations of bituminous based on information provided by City or BMI personnel regarding tonnage (lot sizes) and pavement
placement patterns. We assume City or BMI personnel will mark the core locations in the field.
This proposal does not incorporate the time and cost to mark the core locations. These services will be provided at your request. The City or BMI will coordinate the removal of both the contractor and companion cores with the contractor.
After the completion of the coring, AET will retrieve companion core samples from the project
contractor for laboratory testing. This testing will include the following:
•The thickness of each layer of the core sample
•The density of each layer of the core sample
Concrete Sampling and TestingDuring the placement of concrete, AET will perform field testing consisting of slump, air content, temperature of the plastic concrete, and casting of cylinders for compression testing. The 2019
SALT SMC requires field testing for slump, air content, and temperature per every 100 cubic yards of each type of concrete placed each day. Compressive strength cylinders (1 set of 3 cylinders) are required once per every 300 cubic yards of each type of concrete placed each day. For bridge concrete, compressive strength cylinders (1 set of 3 cylinders) are required once per every 100 cubic yards of each type of concrete placed each day. The cylinders will be retrieved the following
day for curing and testing in our laboratory. The 3 cylinders are to be tested at 28-days. We are proposing to cast sets of 5 cylinders, with compressive strength testing as follows: 1 at 7 days, 3 at 28 days, and the 5th cylinder will be held in reserve for future testing if the 28-day strength requirement is not met.
We have assumed City or BMI personnel will be compiling the concrete batch tickets, certificates of compliance, and AET’s field test results of the plastic concrete, which we will provide each day we are on-site performing testing services.
City of Eden Prairie – Duck Lake Road Improvements AET Proposal No. QUO-00301701
August 9, 2021
Page 4 of 5
Concrete and Bituminous Plant Inspection This proposal does not incorporate the time and cost to perform concrete or bituminous plant inspections. These services will be provided at your request. REPORTING
AET staff will prepare reports for City and BMI to review. These reports will include the results of our field and laboratory testing as performed per the MnDOT SMC and testing frequencies referenced in the project documents. AET will complete the Preliminary Grading and Base Report and the Final Grading and Base Report, once provided with final project quantities. Daily field reports will also be prepared and made available upon request. AET will also provide a roster of
certified personnel performing testing on the project, as well as the completed IA report (if required).
INDEPENDENT ASSURANCE
AET staff will coordinate with the MnDOT office of Independent Assurance (IA) to schedule audits of AET field and laboratory staff performing sampling and testing for this project, if required. Through the MnDOT Tester Inventory form, we will ensure all AET staff providing services to this project meet the requirements set forth by IA.
ESTIMATED FEES
Our services will be provided on a unit cost basis according to the unit rates provided in the attached Materials Testing Estimate. Our invoices will be determined by multiplying the number of personnel hours or tests by their respective unit rates. The rates are from the annual fee schedule
for 2021 projects.
We have estimated a “minimum required estimate” for the project which estimates the tests needed to satisfy the requirements as defined in the MnDOT SMC. The “likely needed estimate” is the cost that we anticipate will be required to complete the previously described testing services, based
on our experience and assumed scheduling of the project. Therefore, we propose a budget cost estimate using the “likely needed” estimate for the scope of services for the project as outlined in this proposal. Our “likely needed” estimated fee for the project is $93,302.50. We refer you to the attached Materials Testing Estimate as reference to how we arrived at this estimated cost for each project.
We caution that this is only an estimated cost. Often, variations in the overall cost of the services occur due to reasons beyond our control, such as weather delays, changes in the contractor’s schedule, unforeseen conditions, or retesting. These variations will affect the actual invoice totals, either increasing or decreasing our total costs for the project from those estimated in this proposal.
If more time or tests are required, additional fees may be needed to complete the project testing services. If less time or tests are needed, a cost savings will be realized. We will not, however, exceed the estimated total cost for the project without first obtaining your authorization.
City of Eden Prairie – Duck Lake Road Improvements AET Proposal No. QUO-00301701
August 9, 2021
Page 5 of 5
TERMS AND CONDITIONS
Our services will be provided subject to a signed Professional Services Subconsultant Agreement between the City of Eden Prairie and American Engineering Testing, Inc. dated June 1, 2017 (Modified August 9, 2021 for this scope of work)
ACCEPTANCE
The City of Eden Prairie will provide AET formal authorization prior to the commencement of AET’s services which are outlined in this proposal.
GENERAL REMARKS
AET appreciates the opportunity to provide this service for you and looks forward to working with you on this project. If you have any questions or need addition information, please contact me.
Sincerely, American Engineering Testing, Inc.
Prepared By: Reviewed By:
Justin L. Staker, P.E. Brian F. Arman Engineer II Senior Project Manager
Phone: (651) 523-1265 Phone: (651) 647-2757 Email: jstaker@amengtest.com Email: barman@amengtest.com
CC: Sarah Lloyd, Bolton & Menk, Inc. sarah.lloyd@bolton-menk.com
Attachments: Materials Testing Estimates
AET PROPOSAL No. QUO-00301701 ACCEPTANCE AND AUTHORIZATION
Signature: _______________________________________ Date: ______________________
Printed Name: _________________________________________________________________
Title: ________________________________________________________________________
Representing: _________________________________________________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 17, 2021
DEPARTMENT / DIVISION:
Leslie Stovring
Public Works / Engineering
ITEM DESCRIPTION:
Approve CD3 System Services and Software License Agreement with CD3, General Benefit Corporation for the Cleaning Station at the
Lake Riley boat landing.
ITEM NO.:
VIII.M.
Requested Action Move to: Approve CD3 System Services and Software License Agreement with CD3, General Benefit Corporation for the Cleaning Station at the Lake Riley boat landing. Synopsis To aid in the City’s effort to prevent the spread of aquatic invasive species to and from Lake Riley CD3, General Benefit Corporation (CD3 Corp.) installed a self-operating cleaning station at the boat landing in 2017. This Agreement extends the software operating system an additional four
years. Annual fees ($950 plus a maximum increase of 3% per year) will be paid out of the
stormwater utility fund. Background
In 2017 the City received a grant from Hennepin County for addition of a cleaning station for
watercraft entering or leaving the lake at the boat landing to help minimize the risk of spreading aquatic invasive species (AIS) to or from the lake. The CD3 Station provides a simple and safe way for individuals to clean their boat while minimizing risk of injury associated with a high-pressure decontamination station. The Wildlife Federation also installed a wrap on the station to
provide educational messaging on the Clean, Drain Dry initiative.
The original contract with CD3 Corp. included installation of the unit for a pilot project and use of their proprietary software to monitor usage of the various tools on the unit and notify the city of repair needs. This information is also transmitted to Hennepin County for comparison to other
units installed in the county. The CD3 System Services and Licensing Agreement with the attached
Statement of Work extends station software maintenance and update needs for an additional four years. Attachments
Software Licensing Agreement Statement of Work
1
CD3 SYSTEM SERVICES AND SOFTWARE LICENSE AGREEMENT
This CD3 System Services and Software License Agreement (together with all Statements of Work), the “Agreement”) is made and
entered into as of August 17, 2021 between CD3, General Benefit Corporation, a Minnesota corporation (“CD3”), and the City of Eden
Prairie, a Minnesota municipal corporation (“Customer”). The Agreement will begin on November 1, 2021 (“Effective Date”). In
consideration of the representations, warranties, covenants and other promises contained in this Agreement and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows.
1.DEFINITIONS
1.1.“CD3 Owner Portal” (or "Owner Portal") means CD3’s online portal located at www.myCD3Systems.com that is accessible by
secure Customer login, that enables Customer to review its use data, program outcomes, reports, and obtain other useful
information relating to and collected by the CD3 System and CD3 Platform, to facilitate compliance by Customer and
recreational boaters with aquatic invasive species rules and regulations
1.2."CD3 Platform" means the web-based software platform which supports and is used in connection with providing the
Customer Web Hub and related services to Customer, Customer Locations and Customer End Users.
1.3.“Customer Dashboard” means the transactions and activity dashboard on the CD3 Platform to which Customer will have
access during the Term.
1.4.“Customer Data” means any data or information provided by Customer to CD3.
1.5.“Customer Location(s)” means the physical boating access locations operated by Customer and identified on Exhibit A to the
attached SOW.
1.6.“Customer Materials” means the materials, trademarks, and information provided by Customer to CD3 pursuant to Section
2.1(b).
1.7.“Customer Web Hub” means the CD3 Web Hub customized for the Customer and Customer Locations.
1.8.“End User Order” means an order for the purchase of applicable boat access fees submitted by an End User via the Customer
Web Hub in a transaction(s).
1.9.“Documentation” means documentation, in all forms, provided by CD3 to Customer to explain how to access or use the CD3 Platform (for example, email instructions, user manuals, and online help files).
1.10.“End User” means any individual who uses the Customer Web Hub through Customer’s account.
1.11.“Platform User Data” means any data or information other than Customer Data that is collected, generated, or derived by
CD3 as a result of Customer or Customer's access to or use of the CD3 Platform.
1.12.“Service Fee” means any service fee payable by Customer to CD3 under this Agreement.
1.13.“Services” means services for customizing the CD3 Web Hub for the Customer Web Hub, the CD3 Platform and the deliveries
specified in the applicable SOW, by or for CD3 as described in this Agreement.
1.14.“SOW” means any Statement of Work executed by the parties pursuant to this Agreement.
2.PROVISION OF CUSTOMER WEB HUB
2.1.Customer Web Hub.
2.1.1. The Customer will use the Customer Web Hub during the Term in a manner designed to enable End Users to place
End User Orders and access other applicable boating and compliance information. During the Term, the Customer will use
the Customer Web Hub to permit End Users to place End User Orders via supported Internet browsers on web-enabled
mobile devices, to be used in connection with the CD3 Platform as described in this Agreement and applicable SOW(s).
2.1.2. The Customer Web Hub will transmit End User Orders to the CD3 Platform to process End User Orders. Customer
will provide CD3 with all materials, graphics, and information (e.g., photographs and logos, etc.) to be incorporated into the
Customer Web Hub. Customer hereby grants to CD3 and its affiliates a worldwide, non-exclusive license to use, reproduce,
modify, display, and distribute the Customer Materials in connection with the performance of its duties or obligations under
this Agreement during the Term. The foregoing license may be exercised on behalf of CD3 by third parties acting on CD3’s
behalf (e.g., independent contractors). Customer will retain ownership of the Customer Materials.
2
2.2.Operation of Customer Web Hub. CD3 will operate and host the Customer Web Hub during the Term.
3.LICENSE TO USE CD3 PLATFORM
3.1.License to the CD3 Platform. Subject to the terms and conditions of this Agreement, CD3 hereby grants to Customer a limited,
non-exclusive, non-transferable (except as permitted in Section 11.2) license, without right of sublicense, during the Term to
access and use the CD3 Platform solely to perform Customer’s duties and obligations under this Agreement. CD3 retains all
right, title and interest in and to the CD3 Web Hub and CD3 Platform, including without limitation all software used to provide
the CD3 Web Hub and CD3 Platform, and all graphics, user interfaces, logos and trademarks reproduced throughout the CD3
Web Hub. This Agreement does not grant Customer any intellectual property license or rights in or to the CD3 Web Hub or
CD3 Platform or any components, except to the limited extent that this Agreement specifically sets forth Customer license
rights to use the CD3 Platform and the Documentation. Customer acknowledges that the CD3 Web Hub and CD3 Platform
components are protected by copyright and other laws.
3.2.Use of the Documentation. Subject to the terms and conditions of this Agreement, CD3 hereby grants to Customer a limited,
non-exclusive, non-transferable (except as permitted in Section 11.2) license, without right of sublicense, during the Term, to
reproduce, without modification, and internally use a reasonable number of copies of the Documentation solely to enable
Customer to access and use the CD3 Platform to comply with its duties and obligations under this Agreement in accordance
with the terms and conditions of this Agreement.
3.3.Updates, Revisions and Service Levels. CD3 may update or revise the features and functions of the CD3 Platform at any time,
provided that no such update or revision materially reduces its features or functionality specified in the SOW.
3.4.Access Credentials. CD3 will provide Customer with unique access credentials to enable Customer to access the Customer
Dashboard (“Access Credentials”). Customer will not make its Access Credentials available to any third party other than a
third party authorized to act on its behalf in accordance with this Agreement. Customer will take reasonable steps to prevent
unauthorized access to the CD3 Platform, including without limitation by protecting its passwords and other log-in
information. Customer will notify CD3 immediately of any known or suspected unauthorized use of the CD3 Platform or
breach of its security and will use best efforts to stop such breach. Customer is responsible for all access to the Customer
Dashboard using its Access Credentials.
3.5.Use Restrictions. Customer will not and will not permit or authorize any third party to: sell, license, rent, resell, lease, assign,
transfer, make available as a service bureau, or otherwise commercially exploit the CD3 Platform or Documentation or use
or access the CD3 Platform (other than the Customer Web Hub); circumvent or disable any security or other technical
features or measures of, or otherwise gain or attempt to gain unauthorized access to, the CD3 Platform; use the CD3 Platform
to sell or deliver illegal products, to sell, or deliver any products in violation of applicable law, or to transmit infringing,
libelous, or otherwise unlawful material or SPAM or transmit material in violation of any third party privacy rights; access the
CD3 Platform (i) in a manner that is not in accordance with this Agreement, or that threatens, interferes with, or disrupts the
integrity, performance, or availability of the CD3 Platform or (ii) in order to build or operate a competitive product or service;
(e) copy (subject to Section 3.2), frame, modify, make derivative works of, or mirror the CD3 Platform or Documentation or
any part, feature, function, user interface, or graphic thereof; or (f) except to the extent such restriction is prohibited by
applicable law, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of, the CD3
Platform. Customer shall promptly notify CD3 upon becoming aware of any breach of this Section 3.5. Customer will
cooperate and assist with any actions taken by CD3 to prevent or terminate unauthorized access to the CD3 Platform,
Documentation, and Platform User Data.
3.6.Compliance with Laws. Customer will access and use the CD3 Platform, use and reproduce the Documentation, and otherwise
perform its duties and obligations under this Agreement in compliance with all applicable laws. CD3 will provide the CD3
Platform and the Services and perform its duties and obligations in compliance with this Agreement and all applicable laws.
3.7.Reservation of Rights. Customer will not have, and this Agreement does not grant to Customer, any rights to the CD3
Platform, or Documentation except as expressly granted in this Agreement. CD3 shall own (and reserves all rights to) the
CD3 Platform, and Documentation, together with all intellectual property rights relating thereto.
3.8.Customer’s End Users. Customer will not make or publish any representations, warranties, covenants, or guarantees on
behalf of CD3 concerning End User Orders placed through the Customer Web Hub.
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3.9.End User Order Information. CD3 shall use the information collected or derived from End User Orders for the purpose of
performing the Services, and shall not use or disclose any such information pursuant to Section 10 below. Each party will use
the information collected or derived from End User Orders in accordance with the terms and conditions of this Agreement,
the privacy policy, if any, referenced on the Customer Web Hub and in accordance with all applicable laws.
4.FEES AND PAYMENT
4.1.Service Fees. Customer shall pay to CD3 all Service Fees specified in the applicable SOW hereto. If additional work is requested
by Customer beyond the initial scope agreed to, Customer agrees to pay for same at an hourly rate of $185 per hour (or more,
if specified in any applicable SOW) for digital development of any assets.
4.2.Payments. CD3 will provide Customer with invoices for Services as specified in the applicable SOW. Customer will pay to CD3
all such amounts and any taxes owing to CD3, within thirty (30) days after the date of the applicable invoice.
4.3.Interest/Costs. Any amount not paid by Customer when due will be subject to finance charges equal to 1.5% of the unpaid
balance per month or the highest rate permitted by applicable usury law, whichever is less, determined and compounded
monthly from the date due until the date paid. Customer will reimburse any costs or expenses (including reasonable
attorneys’ fees) incurred by CD3 to collect any amount that is not paid when due.
4.4.Taxes. Other than taxes on CD3’s net income, property, or employees, Customer will bear all taxes, duties, and other
governmental charges arising out of or resulting from this Agreement. Customer will pay any additional taxes as are necessary
to ensure that the net amounts received by CD3 after all such taxes are paid are equal to the amounts which CD3 would have
been entitled to in accordance with the terms and conditions of this Agreement as if the taxes did not exist.
5.TERM AND TERMINATION
5.1.Term. This Agreement will commence upon the Effective Date and continue for an initial term of three (3) years (the “Initial
Term”), unless this Agreement is earlier terminated in accordance with this Section 5. After the Initial Term, this Agreement
and any applicable SOW shall continue for an additional term of one (1) year (the "Renewal Term") unless Customer or CD3
provides the other with written notice of termination at least thirty (30) days prior to expiration of the Initial Term. The
Renewal Term shall automatically renew for additional successive one (1) year periods (each a Renewal Term) unless
Customer or CD3 provides the other with written notice of termination at least thirty (30) days prior to expiration of the
applicable Renewal Term. Except as provided in this Agreement or an SOW, the expiration or termination of an SOW shall not
terminate any other SOW or the remainder of this Agreement.
5.2.Termination for Material Breach. A party (the “Terminating Party”) may terminate this Agreement if the other party (the
“Breaching Party”) materially breaches this Agreement or an SOW if the Breaching Party materially breaches such SOW, and
in each case the Breaching Party does not cure the material breach within thirty (30) days of receiving written notice of such
material breach from the Terminating Party. Termination in accordance with this Section 5.2 will take effect when the
Breaching Party receives written notice of termination from the Terminating Party, which notice may not be delivered to the
Breaching Party unless and until the Breaching Party has failed to cure such material breach during the thirty (30) day cure
period.
5.3.Termination for Bankruptcy. A party may terminate this Agreement upon notice to the other party if: (a) a receiver is
appointed for such other party or its property; (b) such other party becomes insolvent or is unable to pay its debts as they
become due; (c) such other party makes an assignment for benefit of creditors; or (d) any proceedings are commenced by or
against such other party under any bankruptcy, insolvency or debtor’s relief law and such proceedings are not vacated or set
aside within sixty (60) days after the date of the commencement thereof.
5.4.Termination for Lack of Customer Locations. If, at any time, a SOW does not have any Customer Locations associated
therewith, such SOW (but no other SOWs) shall automatically terminate.
5.5.Suspension. CD3 may temporarily suspend Customer’s access to or use of the CD3 Platform and the provision of services
under this Agreement if CD3 determines that: (a) there is a threat or attack on the CD3 Platform or other event that may
create a risk to the CD3 Platform, Customer, or any End User; (b) Customer’s access to or use of the CD3 Platform disrupts or
poses a security risk to the CD3 Platform, Customer, or any End User; or (c) Customer otherwise breaches any of Sections 3.1,
3.2, or 3.4 provided that CD3 first gives Customer written notice and ten (10) days to cure.
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5.6.Post-Expiration and Termination Obligations. If this Agreement expires or is terminated, within thirty (30) days thereafter,
Customer will pay to CD3 (i) all fees and other amounts that have accrued prior to the effective date of the expiration or
termination, and (ii) fifty percent [_50_%] of all fees and other amounts due for the remainder of the applicable Term, if CD3
has terminated this Agreement due to Customer's material breach which has not been cured, ; any and all liabilities accrued
prior to the effective date of the expiration or termination will survive; Customer will cease use of (and delete all of its copies
of) the CD3 Platform and return to CD3 (or at CD3’s direction, destroy) all Documentation in its possession or under its control
in accordance with Customer’s records retention schedule; and CD3 will cease the use of and return to Customer (and delete
all of its copies of) the Platform End User Data in its possession or under its control. The following provisions shall survive any
expiration or termination of this Agreement: Sections 1, 3.7, 4, 5, 6.1, 6.2, 8, 9, 10, and 11.
6.DATA
6.1.Customer Data. Customer owns all right, title and interest in and to the Customer Data. Customer hereby grants to CD3 and
its affiliates: a non-exclusive, royalty-free, fully paid-up, limited, worldwide license to store, process, and otherwise use the
Customer Data during the Term (and for a reasonable amount of time after the Term) for the sole purpose of performing its
duties or obligations under this Agreement, and a nonexclusive, royalty-free, fully paid-up, limited, revocable, worldwide
license to store, process, and otherwise use the Customer Data in connection with the conduct by CD3 of its internal business
operations. For the avoidance of doubt, CD3 or its affiliates may disclose such Customer Data to any third party in an
aggregated or anonymous, de-identified form (i.e., in a form that cannot be used itself to identify Customer or End Users).
CD3 will at all times protect and maintain any Customer Data that constitutes the Confidential Information of Customer in
accordance with Section 10 below.
6.2.Data Security. CD3 will maintain safeguards for protection of the security, confidentiality and integrity of the CD3 Platform,
as described in the Documentation, including safeguards for preventing unauthorized access, use, or modification of, or
disclosure of, Customer Confidential Information including the Platform User Data, except as otherwise permitted by this
Agreement.
6.3.Data Accuracy. CD3 will have no responsibility or liability for the accuracy of data as uploaded to the CD3 Platform by
Customer, including without limitation Customer Data and any other data uploaded by End Users.
6.4.Risk of Exposure. Customer recognizes and agrees that hosting data online involves risks of unauthorized disclosure or
exposure and that, in accessing and using the CD3 Platform, Customer assumes such risks. CD3 offers no representation,
warranty or guaranty that Customer Data will not be exposed or disclosed through errors or the actions of third parties.
6.5.Collection, Use and Ownership of Platform User Data. Customer and CD3 each agree and acknowledge that the CD3 Platform
automatically logs all user activity conducted by Customer and Customer’s End Users on the CD3 Platform. CD3 owns all right,
title and interest in and to the Platform User Data, which is Customer’s customer information and accordingly, Customer’s
Confidential Information. CD3 shall collect, access and use the Platform User Data for the purpose of performing the Services,
and shall not disclose any such Platform User Data except as necessary to perform the Services and in accordance with Section
10 below.
6.6.Aggregate and Anonymized Data. Notwithstanding anything to the contrary in this Agreement, CD3 may use, reproduce, sell,
publicize or otherwise exploit Aggregate Data. “Aggregate Data” means Customer Data with personally identifiable
information, names and addresses of Customer's End Users removed.
7.WARRANTIES AND DISCLAIMER
7.1.Mutual Warranties. Each party represents and warrants to the other that: this Agreement has been duly executed and
delivered by such party and constitutes a valid and binding agreement enforceable against such party in accordance with its
terms and conditions; no authorization or approval from any third party is required in connection with such party’s execution,
delivery, or performance of this Agreement; and the execution and delivery of this Agreement do not violate any applicable
laws or the terms or conditions of any other agreement to which such party is party or by which it is otherwise bound.
7.2.Customer Warranties. Customer hereby represents, warrants, and covenants that (a) it has, and at all times during the Term
will have, due authorization, clearance, and all other rights necessary (including any third party licenses) to provide the
Customer Materials to CD3 and for the use, reproduction, modification, display, and distribution of the Customer Materials
by or on behalf of CD3 in connection with this Agreement; and (b) it will perform all of its duties and obligations hereunder
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in accordance with generally accepted industry standards and practices for substantially similar services, using qualified
personnel.
7.3.CD3 Warranties. CD3 hereby represents, warrants and covenants that (a) the Documentation is current and accurately
describes the CD3 Platform in all material respects; and (b) it will perform the Services in accordance with this Agreement
and generally accepted industry standards and practices for substantially similar services, using qualified personnel.
7.4.Disclaimer. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS SECTION 7, NEITHER PARTY
MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY
OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. EXCEPT AS OTHERWISE PROVIDED HEREIN, CD3
EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND
ACCURACY, TITLE, AND NON-INFRINGEMENT. CD3 DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF
THE SERVICES OR AGAINST INFRINGEMENT. CD3 DOES NOT WARRANT THAT THE CD3 PLATFORM IS OR WILL BE ERROR-FREE
OR THAT OPERATION OF THE CD3 PLATFORM IS OR WILL BE SECURE OR UNINTERRUPTED. CD3 EXERCISES NO CONTROL OVER
AND EXPRESSLY DISCLAIMS ANY LIABILITY CAUSED BY THIRD-PARTY HOSTING PROVIDERS. CUSTOMER WILL NOT HAVE THE
RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF CD3 TO ANY THIRD PARTY.
8.INDEMNIFICATION
8.1.Indemnification by Customer. Customer shall defend, indemnify and hold CD3, its subsidiaries and affiliates, and the officers,
directors, agents, employees and assigns of each (collectively, the “CD3 Indemnified Parties”) against all claims made against
CD3 as a result of (i) any breach or alleged breach by Customer of its obligations, representations, warranties or covenants
set forth in the Agreement; (ii) any negligent act, error, omission or intentional misconduct on the part of Customer, its
agents, vendors, or its respective affiliated companies, or the officers, directors, employees, and agents of each; (iii) any
allegation that materials provided by Customer or any portion thereof infringes any third party’s patent, trademark,
copyright, trade secret, publicity and privacy rights, or other intellectual property or other rights; (v) Customer’s provision of
any technology to be used in connection with the Services; (iv) Customer’s confidentiality, privacy and security obligations
herein (or failure to meet such obligations). Customer’s indemnification obligations hereunder shall be subject to CD3’s
prompt notification to Customer with respect to the pertinent third-party claims, although failure to provide such notification
shall not excuse Customer’s obligations hereunder except to the extent of any material prejudice as a direct result of such
failure. CD3 will provide reasonable assistance to Customer (at Customer’s expense) in defending the claim.
8.2.Indemnification by CD3. CD3 shall defend, indemnify and hold Customer, any subsidiaries and affiliates, and the elected and
appointed officials, officers, directors, agents, employees and assigns of each (collectively, the “Customer Indemnified
Parties”), harmless from and against any and all claims, demands, lawsuits, judgments, losses, or expenses of any nature
whatsoever (including attorneys’ fees) arising directly or indirectly from or out of, or any way relating to: (i) any breach or
alleged breach by CD3 of its obligations, representations, warranties or covenants set forth in the Agreement; (ii) any
negligent act, error, omission or intentional misconduct on the part of CD3, its agents, vendors, or its respective affiliated
companies, or the officers, directors, employees, and agents of each; (iii) any failure or alleged failure of CD3 to perform its
Services hereunder in accordance with generally accepted professional standards; (iv) any allegation that the Services, CD3
Platform or any portion thereof infringes any third party’s patent, trademark, copyright, trade secret, publicity and privacy
rights, or other intellectual property or other rights (“Infringement Suit”); and (v) any occupational injury or illness sustained
by any employee, contractor, officer, director or agent of CD3. In the event that CD3 engages the services of subcontractors
and/or agents to assist it with the fulfillment of the terms hereunder, then CD3 agrees to be responsible for and indemnify
Customer, its affiliates, elected and appointed officials, officers, directors, employees and agents of each, from and against
any and all claims (including reasonable legal costs and expenses) asserted by third parties against such entities arising out of
the Services supplied by any such subcontractor, and CD3 further agrees to contractually obligate such subcontractor and/or
agent to supply its materials and services in accordance with the terms and conditions of this Agreement. CD3’s
indemnification obligations hereunder shall be subject to Customer’s prompt notification to CD3 with respect to the pertinent
third-party claims, although failure to provide such notification shall not excuse CD3’s obligations hereunder except to the
extent of any material prejudice as a direct result of such failure. Customer will provide reasonable assistance to CD3 (at
CD3’s expense) in defending the claim.
8.3.Indemnification of Infringement Suits. CD3’s obligations as set forth in Section 8.2(iv)shall not apply to the extent an
Infringement Suit arises out of or is based on: (i) any Customer Materials or Customer Data; (ii) compliance with designs,
guidelines, plans, or specifications provided by Customer in writing; (iii) use of, or access to, the CD3 Platform by Customer
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not in accordance with this Agreement; (iv) modification of the CD3 Platform (other than by CD3), without CD3’s written
consent; or (v) the unauthorized combination, operation, or use of the CD3 Platform with other applications, product(s),
services, hardware, or materials where the CD3 Platform would not by itself be infringing.
8.4.Indemnification Procedure. Any CD3 Indemnified Party or Customer Indemnified Party entitled to indemnification under this
Section 8 (“Indemnified Party”) shall provide the indemnifying party (“Indemnifying Party”) with notice of the Claim or
Infringement Suit, as applicable (“Indemnification Claim”), promptly upon becoming aware of thereof. The Indemnified Party
shall tender to the Indemnifying Party full and complete control over the defense and settlement of the Indemnification
Claim. The Indemnifying Party shall permit the Indemnified Party to participate in its own defense with its own counsel at its
own expense. The Indemnified Party shall assist the Indemnifying Party with the defense and settlement of the
Indemnification Claim as the Indemnifying Party may reasonably request and at the Indemnifying Party’s expense. The
Indemnified Party shall comply with any settlement or court order made in connection with the Indemnification Claim;
provided, that the Indemnifying Party shall not enter into any settlement, demand, suit, injunctive order, claim, or
compromise any Indemnification Claim against the Indemnified Party without with the Indemnified Party’s prior consent,
unless such settlement or compromise: (a) includes an unconditional release of the Indemnified Party from all liability arising
out of such Indemnification Claim; (b) is solely monetary in nature; and (c) does not include remedial or equitable measures
or relief (including any injunction) or an admission of fault or guilt.
8.5.Infringement Remedy. If the Customer’s access to or use of the CD3 Platform has become, or in CD3’s opinion is likely to
become, the subject of any claim of infringement or misappropriation, CD3 may at its option and expense (a) procure for
Customer the right to continue accessing and using the CD3 Platform as set forth hereunder; (b) replace or modify the CD3
Platform to make it non-infringing with a functional equivalent; (c) remove the infringing part of the CD3 Platform while
retaining functionality; or (d) if clauses (a), (b), and (c) are not reasonably practicable, terminate this Agreement and provide
Customer with a refund of any prepaid amounts within thirty (30) days thereof.
9.LIMITATIONS OF LIABILITY
9.1.Exclusion of Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT,
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CD3 EXCEPT FOR LIABILITY ARISING FROM EITHER PARTY’S
INTENTIONAL MISCONDUCT, NEGLIGENCE, INDEMNIFICATION OBLIGATIONS, OR BREACH OF ITS CONFIDENTIALITY
OBLIGATIONS, NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF BUSINESS
ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
9.2.Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXCEPT FOR LIABILITY ARISING FROM EITHER PARTY’S INTENTIONAL
MISCONDUCT, NEGLIGENCE, INDEMNIFICATION OBLIGATIONS, BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, UNDER NO
CIRCUMSTANCES WILL EITHER PARTY’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT
(INCLUDING WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS
BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF $50,000.
9.3.Independent Allocations of Risk. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE
PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING AND OTHER TERMS AND CONDITIONS OFFERED BY CD3 TO
CUSTOMER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE
PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS
SECTION 9 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS
AGREEMENT.
10.CONFIDENTIALITY
10.1.Definition. “Confidential Information” means any trade secrets or other information of a party, whether of a technical,
business, or other nature (including information relating to a party’s technology, software, products, services, designs,
methodologies, business plans, finances, marketing plans, customers, prospects, or other affairs), that is disclosed to a party
during the Term and that such party knows or should know given its nature is confidential, proprietary, or trade secret
information of the disclosing party. Confidential Information does not include any information that: was known to the
receiving party without any obligation of nondisclosure prior to receiving the same from the disclosing party in connection
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with this Agreement; is independently developed by the receiving party without use of or reference to the Confidential
Information of the disclosing party; is acquired by the receiving party from another source without restriction as to use or
disclosure; or (d) is or becomes part of the public domain through no fault or action of the receiving party. For the avoidance
of doubt, (i) Customer Data and Customer Materials included on the Customer Web Hub shall not constitute Confidential
Information; and (ii) the terms and conditions of this Agreement shall constitute CD3’s Confidential Information except as
provided by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 (“MGDPA”), as provided in paragraph 11.18..
10.2.Restricted Use and Nondisclosure. Subject to the requirements of the MGDPA, during and after the Term (to the extent any
Confidential Information is retained after the expiration or termination of this Agreement), each party will: use the other
party’s Confidential Information solely to perform any of its duties under this Agreement, or to exercise its, his or her rights
under this Agreement; not disclose the other party’s Confidential Information to a non-affiliated third party unless the third
party must access the Confidential Information to perform in accordance with the terms and conditions of this Agreement
and the third party has executed a written agreement that contains terms and conditions that are substantially similar to the
terms and conditions contained in this Section 10; and use the same standards of care to maintain the secrecy of, and protect
from unauthorized use and disclosure, the other party’s Confidential Information as such party uses to protect its own
Confidential Information of a similar nature (but in no event less than a reasonable degree of care).
10.3.Required Disclosure. If either party is required by law to disclose the Confidential Information of the other party or the terms
and conditions of this Agreement, the disclosing party shall give prompt written notice of such requirement before such
disclosure to give the non-disclosing party the opportunity to obtain an order protecting the Confidential Information from
public disclosure.
10.4.Return of Materials. Upon the termination or expiration of this Agreement, or upon earlier request, each party will deliver
to the other all Confidential Information of such other party that it may have in its possession or control or, at such other
party’s request, destroy or permanently delete all copies of such Confidential Information. Notwithstanding the foregoing,
during the Term of this Agreement only, neither party will be required to return data, information, or materials that it must
retain in order to receive the benefits of or exercise any rights under this Agreement or properly perform in accordance with
the terms and conditions of this Agreement.
11.GENERAL
11.1.Relationship. CD3 will be and act as an independent contractor (and not as the agent or representative of Customer) in the
performance of this Agreement. This Agreement will not be interpreted or construed as: creating or evidencing any
association, joint venture, partnership, or franchise between the parties; imposing any partnership or franchise obligation or
liability on either party; or prohibiting or restricting CD3’s performance of any services for any third party or the provision of
products to any third party. Neither party may represent to anyone that such party is an agent of the other party or is
otherwise authorized to bind or commit such other party in any way without such other party’s prior authorization. This
Agreement is for the sole benefit of the parties (and indemnified parties), and no third party shall have any right or remedy
hereunder. Customer hereby grants to CD3 and its affiliates a worldwide, perpetual, irrevocable, fully paid-up, royalty-free,
non-exclusive license to any suggestion, enhancement request, recommendation, correction or other feedback provided by
Customer related to the CD3 Platform or the services performed hereunder, including for use or incorporation into the CD3
Platform or any such services or to otherwise commercially exploit in any way, provided that no such feedback shall include
Customer’s Confidential Information.
11.2.Assignability. Neither party may assign any of its right, duties, or obligations under this Agreement without the other party’s
prior written consent. Notwithstanding the foregoing, either party may assign, without the consent of the non-assigning
party, all of its rights, duties, and obligations under this Agreement to (a) any of its affiliates, (b) any successor organization
resulting from a merger, sale of assets, sale of capital stock, reorganization, consolidation or the like. Subject to the foregoing,
this Agreement will bind each party’s successors and assigns. Any attempt by a party to transfer its rights, duties, or
obligations under this Agreement except as expressly provided in this Agreement is void.
11.3.Subcontractors. CD3 may utilize a subcontractor or other third party to perform any of its duties or obligations under this
Agreement. CD3 shall remain responsible for all of its duties and obligations under this Agreement as well as the actions or
inactions of its subcontractors.
11.4.Publicity. CD3 may publicize Customer’s use of the Services only with Customer’s prior written consent.
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11.5.Notices. Any notice or consent required or permitted to be given in accordance with the terms and conditions of this
Agreement will be effective if it is in writing and delivered personally or sent by certified or registered mail, or insured courier,
return receipt requested, to the appropriate party at the address set forth on the signature page of this Agreement and with
the appropriate postage affixed. Either party may change its address for receipt of notice by giving notice to the other party
in accordance with this Section. Notices are deemed given upon personal delivery, two (2) business days following the date
of mailing, and one (1) business day following delivery to a courier.
11.6.Force Majeure. Neither CD3 nor Customer will be liable for, or be considered to be in breach of or default under this
Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any cause or condition
beyond the Party’s reasonable control. CD3 shall use commercially reasonable efforts to avoid or remove any such cause of
non-performance.
11.7.Governing Law. This Agreement will be interpreted, construed, and enforced in all respects in accordance with the laws of
the State of Minnesota without reference to its choice of law rules. Each party hereby irrevocably consents to the exclusive
jurisdiction of, and venue in, the federal, state, and local courts in Hennepin County, State of Minnesota, in connection with
any action arising out of or in connection with this Agreement, and hereby irrevocably waives any objections or defenses
based on lack of personal jurisdiction or forum non conveniens.
11.8.Commencing Legal Action. An action for breach of this Agreement or any other action otherwise arising out of this Agreement
must be commenced by a party within one (1) year from the date the right, claim, demand, or cause of action first occurs or
such action shall be barred forever and waived by such party.
11.9.Waiver. No provision of this Agreement may be waived except by a writing signed by the waiving party. The waiver by either
party of any breach of any provision of this Agreement does not waive any other breach. The failure of any party to insist on
strict performance of any representation, warranty, covenant, or other duty or obligation in accordance with the terms and
conditions of this Agreement will not be a waiver of such party’s right to demand strict compliance in the future, nor will the
same be construed as a novation of this Agreement.
11.10.Severability. If any part of this Agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this
Agreement will remain in full force and effect. If any material limitation or restriction on the use of any services provided by
CD3 or CD3 Platform under this Agreement or is found to be illegal, unenforceable, or invalid, Customer’s rights with respect
to any such services and CD3 Platform will immediately terminate.
11.11.Interpretation. The parties have had an equal opportunity to participate in the drafting of this Agreement. No ambiguity will
be construed against any party based upon a claim that that party drafted the ambiguous language. The headings appearing
at the beginning of several sections contained in this Agreement have been inserted for identification and reference purposes
only and must not be used to construe or interpret this Agreement. Whenever required by context, a singular number will
include the plural, the plural number will include the singular, and the gender of any pronoun will include all genders. Any
reference to any agreement, document or instrument will mean such agreement, document or instrument as amended or
modified and in effect from time to time in accordance with the terms and conditions thereof. Any reference in an SOW to
a particular section of this Agreement shall be deemed to be a reference to such section of the main body of this Agreement.
Whenever the words “include”, “includes” or “including” are used in this Agreement, they will be deemed to be followed by
the words “without limitation.” Whenever the words “hereunder,” “hereof,” “hereto,” and words of similar import are used
in this Agreement, they will be deemed references to this Agreement as a whole and not to any particular section hereof.
The word “or” is used in the inclusive sense of “and/or.” The terms “or,” “any” and “either” are not exclusive. All references
to “laws” shall include statutes, ordinances, regulations, rules, codes, orders, constitutions, treaties, common laws,
judgments, decrees and other requirements and rules of any federal, state, local or foreign government or political
subdivision thereof, or any arbitrator, court or tribunal of competent jurisdiction. The word “will” shall have the same
meaning as “shall.” All references to days, weeks or months in this Agreement shall be deemed to be references to calendar
days, weeks, or months, respectively.
11.12.Counterparts. This Agreement and any signed agreement or instrument entered into in connection with this Agreement, and
any amendments hereto or thereto, may be executed in two (2) or more counterparts and by the different parties hereto on
separate counterparts, each of which when so executed and delivered will be an original, but all of which together will
constitute one and the same instrument. Any such counterpart, to the extent delivered by means of a fax machine or by .pdf,
.tif, .gif, .jpeg or similar attachment to electronic mail (any such delivery, an “Electronic Delivery”) will be treated in all manner
9
and respects as an original executed counterpart and will be considered to have the same binding legal effect as if it were the
original signed version thereof delivered in person. No party hereto shall raise the use of Electronic Delivery to deliver a
signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of
Electronic Delivery as a defense to the formation of a contract, and each party forever waives any such defense, except to
the extent that such defense relates to lack of authenticity.
11.13.Entire Agreement; Amendments. This Agreement, including all SOWs and exhibits hereto, is the final and complete
expression of the agreement between these parties regarding the subject matter contained herein. All SOWs and exhibits to
this Agreement are hereby incorporated by reference into this Agreement. Each SOW issued pursuant to this Agreement,
when duly executed by both parties, become part of this Agreement and subject to the terms and conditions of this
Agreement. This Agreement supersedes, and the terms and conditions of this Agreement govern, all previous oral and written
communications regarding these matters, all of which are merged into this Agreement, except that this Agreement does not
supersede any prior nondisclosure or comparable agreement between the parties executed prior to this Agreement being
executed, nor does it affect the validity of any agreements between the parties relating to professional services relating to
the services that CD3 may provide. This Agreement may be modified or amended only by a written agreement signed by an
authorized representative of each party.
11.14.Order of Precedence. In case of any inconsistency, ambiguity, conflict or other discrepancy between the terms or conditions
of the main body of this Agreement and the terms or conditions of an SOW, the terms and conditions of the main body of
this Agreement shall control. If the parties intend to supersede or override any term or condition of the main body of this
Agreement in an SOW, the parties must expressly reference in the applicable SOW the term or condition of the main body of
this Agreement to be superseded or overridden and include with such reference an express statement of the parties’
intention to so supersede or override such term or condition.
11.15. Enforcement. CD3 will reimburse Customer for all costs and expenses, including without limitation, attorneys' fees paid or
incurred by Customer in connection with the enforcement by Customer during the term of this Agreement or thereafter of
any of the rights or remedies of Customer under this Agreement. Customer will reimburse CD3 for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by CD3 in connection with the enforcement by CD3 during the
term of this Agreement or thereafter of any of the rights or remedies of CD3 under this Agreement.
11.16.Services Not Provided For. No claim for services furnished by CD3 not specifically provided for herein shall be honored by
Customer.
11.17. Audit Disclosure. The books, records, documents and accounting procedures and practices of CD3 or other parties relevant
to this Agreement are subject to examination by Customer and either the Minnesota Legislative Auditor or the Minnesota
State Auditor for a period of six (6) years after the effective date of this Agreement.
11.18. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by CD3 under this
Agreement which Customer requests to be kept confidential, shall not be made available to any individual or organization
without Customer’s prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act,
Minnesota Statutes Chapter 13 (MGDPA). All government data, as defined in the MGDPA Section 13.02, Subd 7, which is
created, collected, received, stored, used, maintained, or disseminated by CD3 in performing any of the functions of Customer
during performance of this Agreement is subject to the requirements of the MGDPA and CD3 shall comply with those
requirements as if it were a government entity. All subcontracts entered into by CD3 in relation to this Agreement shall
contain similar MGDPA compliance language.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
10
IN WITNESS WHEREOF, each of the parties hereto, by its duly authorized representative, has caused this
Agreement to be executed as of the date first written above.
CD3, GENERAL BENEFIT CORPORATION
Signature: __________________________
Name: _____________________________
Title: _______________________________
CITY OF EDEN PRAIRIE
Signature: ____________________________
Name: Ronald A. Case
Title: Mayor
Signature: ____________________________
Name: Rick Getschow
Title: City Manager
CD3 SYSTEM SERVICES AND SOFTWARE LICENSE AGREEMENT
STATEMENT OF WORK
THIS STATEMENT OF WORK NO. 1 ('SOW') is made and entered into as of November 1, 2021 (the "SOW
Effective Date") by and between CD3, General Benefit Corporation ("CD3”) and the City of Eden Prairie, located
at 8080 Mitchell Road, Eden Prairie, MN 55344 (“Customer”). This SOW is issued under, is part of, and is subject
to the terms and conditions set forth in the CD3 System Services and Software License Agreement (the
“Agreement") dated August 17, 2021 which is hereby incorporated by reference in its entirety. In the event of a
conflict between the terms of this SOW and the Agreement, the terms of the Agreement will supersede this
SOW. Capitalized terms used herein shall have the meanings accorded to them in the Agreement.
NOW, THEREFORE, in consideration of the premises and the covenants hereinafter contained, the Parties hereto
agree as follows:
1.1 Services Overview
The services outlined in this SOW are aligned to the CD3 Owner Portal and CD3 Platform.
1.2 Application Scope
The CD3 Owner Portal and CD3 Platform shall include the following systems and services:
Service Include
CD3 Owner Portal Access
CD3 Platform ● Connectivity from applicable CD3 Systems to the CD3 Platform via the CD Owner Portal
● Managed Service
● CD3 Owner Portal Module
● Services Administration
● Dashboards for Customer Locations & Administrative users
1.3 Scope of Delivery
During the Term, the Customer will use the CD3 Platform via the CD3 Owner Portal which will permit Customer
via supported Internet browsers to access applicable CD3 System and related boat cleaning functions and
aquatic invasive species compliance information, to be used in connection with the CD3 Platform.
CD3 will deploy a SaaS-based multi-tenant solution with the following functionality and services.
CD3 Base Solution Included
CD3 Owner Portal Platform ● Tool Use Data
● Sessions of use
● Tools Alerts - to Optimize Maintenance
● Vacuum Capacity Alerts and Automatic Service Requests
● Optional: Boater Check In/Out (separately contracted)
1.4 Support and Support Process
CD3 will provide a full managed service to support Customer, including:
● Infrastructure & Hosting management
● Monitoring, platform performance, data, issues, outages
● Support (during standard hours)
CD3 will provide a support call number and email address to allow logging of issues or issue resolution during
the Term.
1.5 Activities and Deliverables
CD3’s method of delivery consists of multiple project phases and activities which require joint CD3 and
Customer sign-off.
Phase Key Activities Deliverables
Initial setup and deployment CD3 will provide Customer initial setup and deployment of the CD Owner Portal and CD3 Platform for an initial set-up fee as described in this SOW. CD3 will provide Customer with connectivity, access and use of the CD3 Platform [via the CD3 Owner Portal ] , together with the managed services described in this SOW for an annual service fee for the Initial Term and any Renewal Terms as described in this SOW, plus an upfront one-time license fee as described in this SOW
Service and Support
1.6 Customer Responsibilities
Customer is responsible for providing the following data:
● Customer Location details
● Locations/On-Site Cleaning Resources
1.7 Timeline
Upon receipt of the above, CD3 will deploy the solution within a reasonable period of time (not to exceed 90
days). If additional workflows or integrations are required, this timeline will need to be agreed.
2.1 Service Operating Hours
Materially all online (i.e. user interactivity) functionality will be updated as applicable and available to all
authorized concurrent users according to the following schedule of “Service Operating Hours” (hours listed are
in local time to the Customer’s Location per geography):
● 6:00 am until 10pm, Monday – Friday
● 9:00 am until 8pm Saturday - Sunday
A “scheduled maintenance window” is any period of time during what would normally be considered Service
Operating Hours during which online access will be either partially or completely unavailable. Service Operating
Hours do not include any period of time within a scheduled maintenance window.
2.2 Issue response
In the event of any failure of the CD3 Platform or the CD3 Owner Portal, Customer will use a support email ID
and/or telephone number that is monitored by CD3. CD3 shall use commercially reasonable efforts to respond
and resolve any incident. Customer acknowledges and agrees that the foregoing is the sole remedy for any
failure of the CD3 Platform or the CD3 Owner Portal. CD3 shall not be responsible in the event of (i) any outage
or errors of any third party host, internet service provider, or partners (ii) any network or infrastructure outages
or errors outside of CD3’s direct control, or (iii) any force majeure event, natural disaster, or event beyond CD3’s
control. CD3 has no obligation to provide support or other services to Customer’s customers.
3.1 Term and Termination
This SOW shall continue for an initial term of three year(s) beginning November 1, 2021 ("Initial Term"). After
the Initial Term, the SOW shall continue for an additional term of one year (the “Renewal Term”) unless
Customer or CD3 provides the other with written notice of termination at least thirty (30) days prior to
expiration of the Initial Term.
Either party may terminate the SOW immediately upon the breach of a material provision by the other party if
the breaching party fails to cure such material breach within thirty (30) days of receiving written notice of same.
In the event of such termination, CD3 shall be paid for any undisputed portion of the Services that have been
performed prior to the termination and through the termination period.
If this SOW expires or is terminated , (a) within thirty (30) days thereafter, Customer will pay to CD3 (i) all fees
and other amounts that have accrued prior to the effective date of the expiration or termination, and (ii) fifty
percent [_50_%] of all fees and other amounts due for the remainder of the applicable Term, if CD3 has
terminated this SOW due to Customer's material breach which has not been cured; (b) any and all liabilities
accrued prior to the effective date of the expiration or termination will survive; (c) Customer will cease use of
(and delete all of its copies of) the CD3 Platform and return to CD3 (or at CD3’s direction, destroy) all
Documentation in its possession or under its control; and (d) CD3 will cease the use of and return to Customer
(and delete all of its copies of) the Platform End User Data in its possession or under its control in accordance
with Customer’s records retention schedule.
4.1 Payment and Estimated Cost
Fees for the balance of the Initial Term are $950 annually, and may automatically increase by 3% annually for
each Renewal Term. CD3 will invoice Customer for these fees on an annual basis upon commencement of the
applicable annual term. Customer shall pay such annual invoices within thirty (30) days after the date of each
annual.
Change Requests
The following process will be followed if a change is requested:
1.A Change Request (“CR”) will be the vehicle for communicating change. The CR must describe the change
and rationale for the change.
2.CD3 will review and estimate the proposed change. Standard rate is $185 per hour.
3.Customer will approve or reject the CR which must then be signed by authorized representatives from both
parties.
4.Until a change is agreed in writing, both parties will continue to act in accordance with the latest agreed
version of the SOW.
5.CD3 will perform changes and invoice Customer accordingly.
Acceptance
IN WITNESS WHEREOF, the parties hereto have executed this SOW as of the date first written above.
CD3, General Benefit Corporation City of Eden Prairie
By:
By:
(Authorized Signature) (Authorized Signature)
Name:
Name: Rick Getschow
(Printed or Typed) (Printed or Typed)
Title:
Title: City Manager
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 17, 2021
DEPARTMENT/DIVISION:
Patrick Sejkora
Public Works / Engineering
ITEM DESCRIPTION: #15-5916
Award Contract for Old Shady Oak Road Culvert Improvements Project to Parrott Contracting Inc.
ITEM NO.:
VIII.N.
Requested Action Move to: Award contract for the Old Shady Oak Road Culvert Improvements Project (I.C. 15-5916) to Parrott Contracting Inc. in the amount of $136,577.90. Synopsis Quotes were received on Tuesday, August 10, 2021 for this project. Five (5) quotes were received and are summarized in the table below. The low quote in the amount of $136,577.90 was submitted by Parrott Contracting Inc. and is 40% above the Engineer’s Estimate. Our consultant and staff
recommend awarding the contract for the project to Parrott Contracting Inc in the amount of
$136,577.90.
Contractor Quote
Parrott Contracting Inc. $136,577.90 Valley-Rich Co., Inc. $153,754.00
G.F. Jedlicki, Inc. $166,846.80
Minger Construction Co. $181,365.75
Blackstone $193,522.34 Background Information
The City has been aware of frequent overtopping of Chamberlain Court and maintenance issues with culverts near Old Shady Oak Road. In 2015, the City and NMCWD conducted a feasibility study to evaluate potential improvements, including culvert replacement. This project will replace the undersized culverts under Chamberlain Court and Old Shady Oak Road with higher capacity culverts. Additionally, a vault structure will be placed in the pocket wetland near Old Shady Oak Road at the
confluence of culverts and storm sewer pipes. Financial Implications All costs are to be covered by Capital Stormwater.
Attachment Contract
SHORT FORM CONSTRUCTION CONTRACT
THIS AGREEMENT, made and executed this 17th day of August, 2021, by and between City of
Eden Prairie hereinafter referred to as the "CITY", and Parrott Contracting Inc., hereinafter referred
to as the "CONTRACTOR",
WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for:
I.C. 15-5916 Old Shady Oak Road Culvert Improvements Project
CONTRACTOR further agrees to do everything required by this Agreement and the
Contract Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $ 136,577.90 . III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond
(2) Special Conditions
(3) Detail Specifications
(4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a
part of this Agreement as if fully set forth herein. This Agreement and the Contract
Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE
__________________________________ By ________________________________
Its City Mayor __________________________________ By_______________________________ Its City Manager
CONTRACTOR
In Presence Of: ____________________________________
__________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
August 17, 2021
DEPARTMENT/DIVISION:
Patrick Sejkora
Public Works / Engineering
ITEM DESCRIPTION: #21823
Approve Professional Services Agreement with Stantec Consulting Services Inc. for Engineering Services
for the 2021 Pond Dredging Project
ITEM NO.:
VIII.O.
Requested Action Move to: Approve Professional Services Agreement with Stantec Consulting Services Inc. for Engineering Services for the 2021 Pond Dredging Project in the amount of $99,860. Synopsis
The proposal from Stantec provides for design, permitting, bidding, and construction administration services for a pond dredging project for three City-maintained ponds. The ponds all have accumulation of sediment which limits their effectiveness at treating stormwater, presents maintenance issues, and causes aesthetic issues for nearby residents. The cost of pond
dredging and the associated engineering work will be paid out of the stormwater utility fund.
Background Information The City has been working with Stantec/Wenck on inventorying our stormwater system since 2003.
These three ponds (09-41-E, 23-43-C, and 07-23-B) have been identified as priority ponds due to their levels of accumulated sediment, position in the treatment train, and maintenance issues. By dredging the ponds, the ponds will more effectively remove stormwater pollutants, improve their aesthetics, and alleviate ongoing maintenance issues.
Financial Implications The Professional Services Agreement with Stantec has an estimated cost of $71,900, with optional Tasks (Construction Observation and P-8 Model Updates) bringing the total $99,860. All costs are to be covered by Capital Stormwater funds.
Attachment Professional Services Agreement
Stantec Consulting Services Inc. 7500 Olson Memorial Highway, #300, Golden Valley, MN 55427
July 23, 2021
File: 845213
Patrick Sejkora, P.E., Water Resources Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Dear Mr. Sejkora,
Reference: 2021-2022 Pond Improvement Projects
Thank you for the opportunity to provide you with this proposal to improve ponds 07-24-B, 09-41-E, and 23-
43-C. Stantec has previously documented sediment accumulation in ponds through the Staring Lake
Inventory and Assessment Report, and individual pond surveys. During the Staring Lake inventory phase,
several ponds were identified as high priority basins that either need expansion or maintenance. The City
identified three basins in the greater Purgatory Creek watershed as needing dredging maintenance. Stantec
will work with the City in developing plans and specifications for each pond; work in conjunction with the
City to apply and obtain the necessary permits; assist in the public bidding process; provide construction
administration; and conduct as-built surveys.
Scope of Work
The scope of work identifies the following tasks necessary for a successful project:
• Task 1: Pre-Construction – Design, Specifications, Permitting, and Neighborhood Meetings
• Task 2: Contractor Bidding Assistance
• Task 3: Construction Administration
• Task 4 (Optional): Construction Observation
• Task 5: As-Built Survey, Prepare Record Drawings, and Final Walk Throughs
• Task 6: Project Management and Meetings
• Task 7 (Optional): Updates to the Purgatory Creek P8 models
Some tasks in this proposal are optional and include construction oversight and updating the P8 models for Staring Lake and Duck Lake watersheds. The construction oversight task includes limited field observation for the duration of the dredging projects. The P8 model updates will assist the City in reporting total suspended soils (TSS) and total phosphorus (TP) reductions for the Staring Lake total maximum daily load (TMDL). Updating the P8 models will benefit the City to show better treatment and reduce pollutant loading to impaired waterbodies; this is a new requirement under the MS4 permit.
July 23, 2021
Patrick Sejkora
Page 2 of 8
Reference: City of Eden Prairie 2021 Pond Maintenance Projects
Task 1: Pre-Construction – Design, Specifications, Permitting, and
Neighborhood Meetings
Task 1a: Planset Development
Stantec will quantify sediment accumulation and prepare a plansets for each of the three ponds. Analysis
will determine the quantity of sediment and areas needed to be dredged. This will involve utilizing the
bathymetric data collected in the summer of 2021 and the as-built/construction plans available from the
City. In reviewing the as-built plans available from the Staring Lake inventory phase, the following ponds
have as-built drawings: 09-41-E, and 23-43-C. The as-built drawings for Phase III do not include as-built or
design drawings for 07-24-B. For 07-24-B, a depth to refusal will be used to estimate the final pond bottom
assuming 3:1 side slopes. Table 1 provides an estimate of sediment quantities based on quantities reported
in previous inventory reports and recent sediment surveys.
Table 1 – Estimated sediment accumulation
Pond Estimated Accumulated Sediment (Cubic Yards)1
09-41-E 326
23-43-C 2,315
07-23-B 1,961
1 Estimated sediment quantities from previous reports or recent sediment surveys. Sediment volumes will be updated during the design phase.
Following analysis, a planset will be prepared for each of the sites. The planset will include: Cover Sheet, General Notes, Existing Conditions, SWPPP, Grading Plan and Erosion Control, Details, Dewatering Plan, and Traffic control. Some items may be combined to reduce the number of sheets. Stantec will send plans to the City for review at 75% for use at neighborhood meetings (identify access and City easements), 90% for review and comments, and 100% prior to going out to bid. Stantec will conduct two rounds of plan edits based on the comments received during the 75% and 90% design submittals.
Task 1b: Specifications
Project specifications will be developed in accordance with MnDOT and City standards. The technical
specifications will be written for one pond and modified for each pond. The draft specifications will be sent
to City staff for review and comment. Stantec will conduct one round of specification revisions based on the
comments received.
Stantec will provide the City with preliminary (90%) and final opinion of probable construction cost (OPCC).
July 23, 2021
Patrick Sejkora
Page 3 of 8
Reference: City of Eden Prairie 2021 Pond Maintenance Projects
Task 1c: Permitting
The proposed dredging projects will likely require permits from the Riley Purgatory Creek Watershed
District (RPBCWD), US Army Corps of Engineers (USACE), and the Minnesota Department of Natural
Resources (MNDNR). Stantec will complete, submit, and track the necessary permits for this project.
Stantec will attend three (3) meetings with the City and RPBCWD staff to discuss the project scope and
permitting requirements. The tentative meetings include – project kickoff, prior to submittal, and one
revision iteration. Previous projects were not efficiently reviewed and approved by the RPBCWD. By
meeting early in the project, we hope that City, RPBCWD and Stantec staff will all have a clear
understanding of permit requirements and submittals. At this time, Stantec believes the following RPBCWD
rules apply to the project:
1. Floodplain (Rule B)
2. Erosion and Sediment Control (Rule C)
3. Wetland and Creek Buffers (Rule D)
4. Dredging and Sediment Removal (Rule E)
The proposed work may require a Minnesota Joint Application Form for the US Army Corps of Engineers and to comply with the Wetland Conservation Act. Stantec will work with the City to complete, submit, and track the Joint Permit Applications.
Stantec assumes the Minnesota Public Waters permit for 23-43-C will go through RPBCWD. If additional permitting is required by the MNDNR, Stantec will work with the City to identify items necessary for the permit and the City will submit the permit.
Depending on the method used for dredging the pond, the project may require dewatering. If dewatering is
required, Stantec will prepare a partially completed dewatering permit. The permit can be drafted through
the MPARS permit application site. Stantec will assume drafting language for dewatering permits are
required for each stormwater basin. The final de-watering permit will be submitted by the contractor.
Reporting of pumping rates and volumes will be the responsibility of the contractor. Table 2 provides a
visual of the permitting effort for each pond. Table 2 also includes the approximate capacity of the pond
expressed in gallons and the necessary dewatering volume for the dewatering permits.
Stantec assumes the permitting process will involve one submission to RPBCWD and USACE, followed by one iteration of revisions. For the USACE permitting, Stantec anticipates a non-jurisdictional determination, which requires minimal permitting. If the ponds are deemed jurisdictional wetlands, additional iterations and field data collection may be required. This scope of work does not account for jurisdictional wetland permitting and would require a change in scope and budget. Additional iterations in RPBCWD of permitting
may result in a change order.
The Contractor will be responsible for obtaining other necessary permits prior to construction, which may include: City grading permits, DNR dewatering, road permits, MPCA SWPPP, etc.
July 23, 2021
Patrick Sejkora
Page 4 of 8
Reference: City of Eden Prairie 2021 Pond Maintenance Projects
Table 2 – Permitting Requirements
Pond ID Estimated volume of water below outlet (gallons)2
Approximate volume for Dewatering Permit (Millions of Gallons per Year)
RPBCWD USACE JPA MNDNR Public Waters MNDNR Dewatering
09-41-E 67,300 1 X X X
23-43-C 574,100 1 X X X X
07-23-B 3,443,800 4 X X X
Task 1d: Neighborhood Meetings
Stantec will conduct three (one for each pond) neighborhood meetings for ponds 09-41-E, 07-24-B and 23-
43-C. The meetings will discuss the dredging plan, proposed access routes, and anticipated construction
schedule. Stantec will send representatives to the neighborhood meetings and present the 75% plans.
Feedback from the meetings will be incorporated into the construction planning and 90% plan submittal.
Task 2: Contractor Bidding Assistance
Stantec assumes bids will be requested using a public bidding process. We also assume the ponds will be
packaged together as one bid. Stantec and the City may discuss the possibility of individually bidding the
ponds to reduce the individual projects budgets below $175,000 threshold for public bidding, to
accommodate budget restrictions or differences in dredging methodology. The following tasks will be
assumed for the public bidding process:
• Create bid documents using MnDOT and City standard specifications.
• Publish an advertisement of bids with QuestCDN.
• Coordinate and lead pre-bid meeting.
• Answer bidder questions during the bidding window.
• Publicly open bids at City Hall.
• Tabulate bids from contractor.
• Draft bid recommendation memo to City staff.
Task 3: Construction Administration
Stantec assumes the responsibility of construction administration. The construction administration will include:
• Coordinate and lead a preconstruction conference. This assumes one preconstruction conference for all three ponds.
• Contractor submittal reviews: dewatering plan, erosion control and access, tree removal, certificate of
insurance, SWPPP
• Issue a notice to proceed.
July 23, 2021
Patrick Sejkora
Page 5 of 8
Reference: City of Eden Prairie 2021 Pond Maintenance Projects
• Stake construction limits for the three stormwater basins. Construction staking will include two visits to the pond: initial staking and verification of elevations.
• Meetings with the contractor to discuss progress: 1-3 meetings per pond conducted virtually or over the phone (totaling 8 meetings).
• Process up to two pay requests for each of the three basins.
• Process up to two change orders (total).
• Create and distribute certificate of substantial completion for each of the three basins.
• Substantial completion walkthrough (90%) with the Contractor, City, and Stantec Engineer for each of
the three basins
• Notify the City of any construction issues
Task 4 (Optional): Construction Observation
Stantec will provide field construction observation for the duration of the project, at the City’s request. Currently, we anticipate construction observation to take place for no more than 3 hours per day for a 2 week time period. Below are the identified tasks for construction observation.
• Observe construction activities
− 18 days for 07-24-B (3hrs of construction observation each day)
− 14 days for 09-41-E (3hrs of construction observation each day)
− 14 days for 23-43-C (3hrs of construction observation each day)
• Document construction progress and create an inspection form
• Take pictures of construction progress
Task 5: As-Built Survey, Prepare Record Drawings, and Final Walk
Throughs
Stantec will assist in the development of as-built record drawings upon completion of dredging. Additionally,
Stantec will complete final walk throughs with the Contractor and City. Task 5 includes:
• Perform as-built survey to verify the quantities (excavated volume). This will be used in the final
payment to the contractor.
• Survey final grades with GPS.
• Plot final grades on design plans to create a record drawing.
• Complete check list with contractor in advance of the final walk through and attend the final walk through.
• Deliver the record drawing to City electronically.
Task 6: Project Management and Meetings
Stantec staff will be available for meetings with the City on an as-needed basis. Stantec and the City will
hold a Project Kick-off meeting following acceptance of the proposal by the City. Stantec will also schedule
meetings with the City at key milestones in the project.
July 23, 2021
Patrick Sejkora
Page 6 of 8
Reference: City of Eden Prairie 2021 Pond Maintenance Projects
Task 7 (Optional): Updates to the Purgatory Creek P8 models
Stantec will update P8 models to evaluate the additional TSS/TP removal efficiency for ponds in the Staring
Lake and Duck Lake watersheds. Updating the P8 models will assist the City with reporting reductions for
the Staring Lake TMDL. The additional accumulated sediment in 07-24-B and 09-41-E over the years may
result in additional removal quantities through dredging, which may benefit the nutrient TMDL. Stantec will
utilize existing models developed under the Staring Lake and Duck Lake inventory phases. The updated P8
model will reflect the as-built conditions following the pond dredging. Stantec will work with the City to
identify additional basins that have been dredged and incorporate the updated volumes into the model. The
light rail corridor will provide additional opportunities for improved water quality. Proposed stormwater basins will be incorporated in the updated P8 model for Staring Lake. Stantec will provide a model output in the form of a summary table. The model updates will exclude 23-43-C, as a model has not been created.
Schedule and Cost
Stantec anticipates the project will start after a signed contract following the August 17th City Council meeting. After receiving a signed agreement, Stantec will hold a project kickoff and task setting meeting with the City. Table 3 identifies the general project tasks and the proposed timing of the tasks, assuming a signed agreement is received on August 18th.
Stantec will perform the scope of work outlined above on a time and materials basis not to exceeded $99,910. Stantec will not exceed the amount in this contract without written consent from the City. In the event of out-of-scope work or additional requests from the City, Stantec will work with the City to develop a change in scope and additional budget needed to complete the task(s). Table 3 outlines the expected labor costs, reimbursable expenses, and equipment that will be utilized for this project.
Table 3 – Proposed Cost and Task Schedule
Top Task Top Task Name Task # Task Name Start Date End Date Labor1 Expenses2 Task Total
1
Pre Construction:
Design Plans, Specifications, and
Permitting
Assistance
1a Analysis and
design plans 8/25/2021 10/1/2021 $ 20,510 $ - $ 20,510
1b Specifications 8/25/2021 10/1/2021 $ 5,890 $ - $ 5,890
1c Permitting 8/25/2021 10/1/2021 $ 5,070 $ - $ 5,070
1d Neighborhood Meetings 8/25/2021 10/1/2021 $ 4,360 $ 50 $ 4,410
July 23, 2021
Patrick Sejkora
Page 7 of 8
Reference: City of Eden Prairie 2021 Pond Maintenance Projects
Top Task Top Task Name Task # Task Name Start Date End Date Labor1 Expenses2 Task Total
2 Construction Bidding Assistance 1 Construction
Bidding
Assistance
10/1/2021 11/25/2021 $ 4,210 $ 50 $ 4,310
3 Construction Administration 1 Construction Administration 11/25/2021 4/15/2022 $ 14,510 $ 40 $ 14,550
4 Construction Observation (Optional) 1 Construction Observation 11/25/2021 4/15/2022 $ 22,350 $ 600 $ 22,950
5
As-Built Survey, Record Drawing, Final Walk Through
1
As-Built Survey, Record Drawing, Final Walk Through
4/15/2022 7/1/2022 $ 8,560 $ 550 $ 9,110
6 Project Management 1 Project Management 8/25/2022 7/15/2022 $ 8,100 $ - $ 8,100
7 P8-Updates (Optional) 1 P8-Updates (Optional) 5/1/2022 6/15/2022 $ 5,010 $ - $ 5,010
Subtotal (Excluding Optional Task) $ 71,900
Optional Tasks $ 27,960
Total $ 99,860
1 Assumes the rates from the 2021 General Services Contract.
2 Equipment includes: vehicle mileage, GPS rental, and boat usage. Vehicle mileage is included in Tasks 1, 2, 4, and 5. GPS and jon boat will be used in Task 5.
2021 04 22
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 16th day of August, 2021, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stantec Consulting Services Inc. (“Consultant”), a Minnesota corporation
(hereinafter “Consultant”) whose business address is 7500 Highway 55, Suite 300, Golden Valley,
MN 55427. 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 2021-2022 Pond Improvement Projects 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 ( Proposal Dated July 23, 2021) 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 17, 2021 through June 30, 2022
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 $ 99,860 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the
City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, pandemics, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the
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time for performance shall be extended by a period of time lost by reason of the
delay. Consultant will be entitled to payment for its reasonable additional charges,
if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
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
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Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant 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
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minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations
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Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.) Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional
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Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless 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
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negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. 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
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mediation unless a longer period of time is provided by agreement of the parties. Cost of
mediation shall be shared equally between the parties. Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements 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
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Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. 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
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examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
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:
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
August 17, 2021
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/ Beth Novak-Krebs
ITEM DESCRIPTION:
Holiday and Auto Care World
ITEM NO.:
IX.A.
Requested Action Option 1 Move to:
• Close the Public Hearing; and
• Adopt a Resolution for a Planned Unit Development Concept Review on 3.96 acres
• Approve the First Reading of a Planned Unit Development District Review with waivers on 3.96 acres
• Adopt a Resolution for a Preliminary Plat of 2 lots on 3.96 acres
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Option 2
Move to:
• Close the Public Hearing; and
• Direct Staff to Prepare Findings for Denial of the PUD Concept Review, the PUD
District Review with waivers, the Preliminary Plat and the Site Plan.
Synopsis The applicant is requesting approval to construct a 5,200 square foot gas station/convenience store with a car wash and an 11,280 square foot auto repair facility on the property located in the NW corner of the intersection of Pioneer Trail and Hennepin Town Road. The 3.96-acre property is relatively flat but steeply rises nearly 15 feet along the west side. There are wooded areas along the west and south sides of the property. The property is currently vacant except for a
portion of the parking lot for the adjacent multi-tenant commercial building that is located on the property. The property is bound by Pioneer Trail on the south, Hennepin Town Road on the east, Breezy Way (private street) on the north and Bridgehill Terrace (private street) on the west. Adjacent land uses include residential, open space, and commercial. The proposed gas station/convenience store is located on the south end of the property and the auto repair facility is
located on the north end of the property. The proposal includes one driveway access from Hennepin Town Road and one driveway access from Breezy Way. The plan includes a common drive that provides a connection between uses. The building articulation and materials comply with code requirements.
Background Planning Commission Recommendation The Planning Commission voted 8-0 to recommend denial of the project at the June 14, 2021 meeting.
The public hearing at the Planning Commission was well attended with 51 persons signing in that evening. Prior to the Planning Commission meeting, City staff received 38 emails and a petition regarding the project. Those emails, the petition signatures and petition comments were provided to the Planning Commission in their packet, which are also attached to this memo. The main topics of concern expressed by the residents and nonresidents included the following:
traffic, access onto Breezy Way and traffic on the private streets (Breezy Way and Belmont Lane), environmental concerns, noise, hours of operation (gas pumps and convenience store open 24 hours), tree removal and replacement, intensity of the proposed development, and reduced property values. Staff has received several emails with comments since the Planning Commission, which are attached to this memo.
Since the Planning Commission meeting on June 14, 2021, the applicant has made several revisions to the plans to address comments made at the meeting. The applicant enlarged two of the parking lot islands to meet the minimum size requirements. This eliminates the need for a waiver for parking lot island size. Secondly, the applicant designed the driveway onto Breezy
Way to allow right-out and left-in only turning movements. This would prohibit drivers from turning left as they exit the site and driving on the private Belmont Lane into the neighborhood or driving through the neighborhood to enter the site. The applicant also provided a plan showing what a future ¾ access at the Hennepin Town Road entrance would look like if it is required to make those modifications in the future.
Comprehensive Plan, Zoning and Preliminary Plat The property is guided Commercial in the Comprehensive Plan. The property is zoned Neighborhood Commercial. The zoning is consistent with the Comprehensive Plan and the proposed uses are permitted in the Neighborhood Commercial Zoning District. The applicant is
proposing a preliminary plat to adjust the lot lines to create individual lots for each use. Traffic There are two access points proposed for this project. The main access point comes off of
Hennepin Town Road across from the entrance to Walgreens with a secondary access point off
of Breezy Way, which is a private street. The main access will serve the gas station/convenience store, the existing multi-tenant commercial building, and the auto repair garage. The secondary access point comes off of Breezy Way, which leads to Hennepin Town Road, and provides an alternate entrance and exit point. The two access points are connected by a shared drive through
the site. The shared drive provides for internal circulation between uses and allows for the use of
the secondary access point to help reduce some of the vehicle trips at the main entrance. The traffic report indicates that queuing problems will exist on various approaches at the intersection of Hennepin Town Road and the project’s main entrance. In particular during the PM peak, the eastbound and westbound movements operate at a Level of Service (LOS) F and queuing is
expected to extend beyond the development’s entrance on Hennepin Town Road frequently
which will likely force vehicles entering and exiting the development to wait for adequate gaps
in the south-bound traffic flow in order to access into and out of the site. The alternate access on Breezy Way will relieve some of that traffic congestion. A portion of Breezy Way is located on the subject property, the multi-tenant commercial property, and the Bluff Country Village Homeowners Association property. From staff’s understanding, an access easement exists over
Breezy Way for this subject property’s development. However, defined maintenance
responsibilities may not exist among these three properties. Therefore, the three owners would be required to enter into a joint access easement and maintenance agreement. A traffic study was conducted for the development by the developer’s engineer. According to the study, the project generates 220 trips and 252 trips during the a.m. and p.m. peaks, respectively,
and 3,489 daily trips. The existing multi-tenant use generates 671 daily trips while the Walgreens generates 1,201 daily trips. The City believed there were inconsistencies between past development traffic studies, on the same site, and this development. Therefore, the City requested that the developer pay for an independent traffic study review. This was conducted by SRF Consulting Group. Following this study review, the developer agreed to make revisions to
their report focused around actual turning movement counts, queuing analysis and modeling, and the resulting recommended access modifications. Although it may not be evident by current traffic levels, the traffic study acknowledged that providing a flashing yellow arrow operation at the CSAH No. 1 (Pioneer Trail) and Hennepin Town Road signalized intersection will improve overall performance (particularly at the main access location) and that a ¾ access at the same
main access point at Hennepin Town Road will be needed in the future if this area reaches 2023 forecasted levels. As these improvements are the result of the proposed project traffic generation, the developer would be solely responsible for these improvements. The addition of the flashing yellow arrow operations at the CSAH No. 1 (Pioneer Trail) intersection will require Hennepin County and Minnesota Department of Transportation (MnDOT) approval. The City would
entertain a shared cost option for these improvements, but this agreement coordination among area tenants would be the responsibility of the developer. The point when the 3/4 improvements are necessary will be determined by the City using decision criteria based on traffic congestion and operation issues to be detailed in the development agreement.
The Bridgehill Terrace cul-de-sac that is currently located along the west property line was not constructed in a “final” configuration when the residential portion of Bluff Country Village was developed. As part of this project, this private street must be completed with curb and gutter. From staff’s understanding, an access easement currently exists on this private street. However, there may not be an agreement between the property owners regarding construction and
maintenance responsibilities. Therefore, the property owners would need to enter into a joint agreement for the completion of Bridgehill Terrace prior to the release of the Final Plat. Landscaping and Tree Replacement The overall project requires 56 caliper inches of landscaping. The plan includes 56 caliper
inches of landscaping. The applicant has provided a significant number of shrubs and ornamentals grasses beyond what can be counted toward the requirements.
The project requires 130 caliper inches of Tree Replacement. The plan includes 130 caliper
inches of tree replacement. The majority of the tree replacement is on the west side of the
buildings to provide screening from the residential development west of the property. The Holiday and Auto Care World site was cleared and graded as part of the Bluff Country Village project. As part of that project, a number of significant and heritage trees were identified
as needing to be saved, but all other trees were removed and a replacement requirement of 904
caliper inches was deferred until the remaining parcels were developed. When dividing this requirement based on area, this left 705 caliper inches of replacement requirement for the two parcels included in the Holiday and Auto Care World project. The applicant has committed to making a payment in lieu of tree replacement for the 705 caliper inches to comply with City
Code.
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. This list has been updated to reflect the proposed plans changes since the Planning
Commission review. A. Minimum Lot Size – City Code requires a minimum lot size of 2 acres in the Neighborhood Commercial Zoning District. The proposed lot for the auto service garage is 1.84 acres. The applicant is requesting a waiver to allow a 1.84 acre lot.
B. Minimum Lot Width – City Code requires a minimum lot width of 200 feet in the Neighborhood Commercial Zoning District. The proposed lot for the auto service garage has frontage on Hennepin Town Road, but the lot width is 160 feet wide along this public street. The lot configuration and width allow the multi-tenant building to maintain the
number of parking stalls required for that existing business. C. Parking Setback – City Code requires a 10 foot parking setback from side and rear lot lines. The applicant is requesting a waiver for the parking across from the auto care garage because the parking is 2.5 feet from the side lot line and for the parallel parking
stalls on the north side of the convenience store because the stalls are 5 feet from the property line. The waiver provides for adding the parallel parking stalls to comply with the parking requirements and to provide compliant parking and a drive aisle in front of the service bays. The stalls across from the service bays are required to meet the business need for applicant to ensure parking does not spill off the site.
D. Fueling Pump Canopy - City Code requires the fueling pump canopy to be located behind the building and away from adjacent residential area. The applicant is requesting a waiver to allow the fuel pump canopy to be located in front of the building. Given there
are residential uses on the west side of the property, the proposed location keeps the
fueling pumps and all of the associated traffic away from the residential area.
The Code also requires the fuel pump canopy to be connected to the primary structure. The applicant is requesting a waiver to allow the fuel pump canopy to be separate from the structure. In addition, all buildings and pump canopies are required by Code to have
peaked roofs. The applicant is requesting a waiver to allow the building and the pump
canopy to have flat roofs. These standards for gas stations were adopted in 2014. The intent is for gas stations to blend in with residential development in the area. None of the current gas stations in
Eden Prairie have pitched roofs. The Walgreens, child development facility and the
multi-tenant commercial building all have flat roofs with decorative elements that mimic a peaked roof. This is the first proposal being reviewed since these Code requirements were put in place. Staff speculates that a gas station meeting these requirements would be visually imposing rather than blending in with the adjacent residential architecture.
Sustainable Features The applicant is proposing a number of sustainable features and working to construct buildings that exceed minimum code requirements. Following is a list of features being proposed.
• All LED lighting for interior and exterior light fixtures along with occupancy controls
• Glass garage doors / high bay windows for natural light
• Above minimum code for wall R-Value
• Recycled content aggregate in the precast panels for service building
• Locally sourced precast concrete wall panel materials and construction
• Design structure for the service building to be “solar ready”
• Bike racks will be installed for each building
• EV charging stations will be installed for both buildings. Attachments 1. Ordinance for PUD with waivers 2. Resolution for PUD Concept 3. Resolution for Preliminary Plat 4. Staff Report
5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes 9. Resident Comments
HOLIDAY CONVENIENCE STORE & AUTO CARE WORLD SERVICE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2021-PUD-_-2021
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 Neighborhood Commercial Zoning District as -2021-PUD-_-2021 (hereinafter "PUD-_-2021”).
Section 3. The City Council hereby makes the following findings: A. PUD-_-2021 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-_-2021 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-_-2021 are justified by the design of the
development described therein. D. PUD-_-2021 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 Neighborhood Commercial Zoning District as Planned Unit
Development PUD-_-2021 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 _____, 2021 entered into between , a
_________________________, and the City of Eden Prairie (hereinafter “Development
Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2021,
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
17th Day of July, 2021, 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 ___, 2021.
ATTEST: __________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on _____, 2021.
EXHIBIT A
PUD Legal Description Lot 1, Block 2, and Outlot A, Bluff Country Village 2nd Addition, Hennepin County, Minnesota.
Together with the benefits of the Declaration of Easements, Covenants, Conditions and
Restrictions dated July 10, 2007, filed July 11, 2007, as Document No. 9005275. Abstract
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-___
A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF HOLIDAY CONVENIENCE STORE & AUTO CARE WORLD SERVICE
CENTER FOR R.J. RYAN CONSTRUCTION
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on June 14, 2021,
on Holiday Convenience Store & Auto Care World Service Center by R.J. Ryan Construction
and considered their request for approval of the PUD Concept Plan and recommended denial of
the request to the City Council; and
WHEREAS, the City Council did consider the request on August 17, 2021.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Holiday Convenience Store & Auto Care World Service Center, 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 _______________, 2021.
3. That the Planning Commission recommended denial of the PUD Concept at the
June 14, 2021 meeting.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of August, 2021.
_______________________
Ronald A. Case, Mayor ATTEST:
______________________________
Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept
Legal Description:
Lot 1, Block 2, and Outlot A, Bluff Country Village 2nd Addition, Hennepin County, Minnesota.
Together with the benefits of the Declaration of Easements, Covenants, Conditions and Restrictions dated July 10, 2007, filed July 11, 2007, as Document No. 9005275.
Abstract
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-___ RESOLUTION APPROVING THE PRELIMINARY PLAT
OF HOLIDAY CONVENIENCE STORE & AUTO CARE WORLD SERVICE CENTER
FOR R.J. RYAN CONSTRUCTION
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Holiday Convenience Store & Auto Care World Service Center for
R.J. Ryan Construction stamp dated __________, 2021, and consisting of 3.96 acres into 1 lot, 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 17th day of August, 2021.
_______________________________
Ronald A. Case, Mayor
ATTEST:
__________________________
Kathleen Porta, City Clerk
STAFF REPORT
TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner
DATE: June 11, 2021
SUBJECT: Holiday and Auto Care World
LOCATION: NW corner of the intersection of Pioneer Trail and Hennepin Town Road
REQUEST: • Planned Unit Development Concept Review on 3.96 acres
• Planned Unit Development District Review with waivers on 3.96 acres
• Site Plan Review on 3.96 acres
• Preliminary Plat of 2 lots on 3.96 acres
BACKGROUND The property in the NW corner of the intersection of Pioneer Trail and Hennepin Town Road is 3.96
acres. The property is relatively flat but steeply rises nearly 15 feet along the west side of the
property. There are wooded areas along
the west and south sides of the property.
The property is currently vacant except for a portion of the parking lot for the adjacent multi-tenant commercial
building that is located on the property.
The property is bound by Pioneer Trail
on the south, Hennepin Town Road on
the east, Breezy Way (private street) on the north and Bridgehill Terrace (private street) on the west. Adjacent land uses
include residential and open space to the
west, residential and commercial to the
north, commercial to the east across
Hennepin Town Road and residential to the south across Pioneer Trail.
The applicant is requesting approval to
construct a 5,200 square foot gas
station/convenience store with a car
wash and an 11,280 square foot auto repair facility on the property.
Staff Report – Holiday and Auto Care World
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2
N
The property was part of a larger PUD approved in the late 90’s for Bluff Country Village. In that
PUD, this specific site included retail, gas station/ convenience store and residential uses. Over the
years, there have been PUD amendments for various areas within the overall PUD. There were
several PUD amendments for this specific site and included some mix of retail, residential, a bank, and restaurants. The most recent PUD amendment for this site was in 2006 and includes a 12,000 square foot retail building along the north property line (i.e. the current multi-tenant commercial
building), a 2,300 square foot coffee shop in the southeast corner of the property, and room for two
future buildings. The coffee shop and two future buildings were never constructed.
COMPREHENSIVE PLAN AND ZONING The property is guided Commercial in the Comprehensive Plan. The property is zoned Neighborhood Commercial. The zoning is consistent with the Comprehensive Plan and the proposed uses are
permitted in the Neighborhood Commercial Zoning District. The applicant is proposing a
preliminary plat to adjust the lot lines to create individual lots for each use.
SITE PLAN The gas station/convenience store is proposed to be located in the southeast corner of the site. The gas pumps are proposed to be located in the corner of the site parallel to Hennepin Town Road with
the convenience store and car wash behind the pumps. Parking is provided in front of the
convenience
store and along
the south side of
the building. The proposal complies with
the parking
requirements.
The auto repair shop is proposed to be located on
the northern
portion of the
property parallel
to Bridgehill Terrace. The building will
include 10
service bays with
the overhead doors facing east. The south end of the building includes the customer lounge, offices,
parts storage etc. Parking is provided along the south property line and the east property line. The
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auto repair shop requires 20 parking stalls, however, the plan includes 50 parking stalls. The owner
has expressed a business need for 50 parking stalls.
There are two access points proposed for this project. The sites are connected to allow vehicular circulation between the three uses.
LANDSCAPING AND TREE REPLACEMENT
The overall project requires 56 caliper inches of landscaping. The plan includes 56 caliper inches of
landscaping. The applicant has provided a significant number of shrubs and ornamentals grasses
beyond what can be counted toward the requirements. The plan includes shrubs and ornamental grasses along the Hennepin Town Road and Pioneer Trail frontages, along building foundations, and in parking lot islands.
The project requires 130 caliper inches of Tree Replacement. The plan includes 130 caliper inches of
tree replacement. The majority of the tree replacement is on the west side of the buildings to provide
screening from the residential development west of the property.
The Holiday and Auto Care World site was cleared and graded as part of the Bluff Country Village project. As part of that project, a number of significant and heritage trees were identified
as needing to be saved, but all other trees were removed and a replacement requirement of 904
caliper inches was deferred until the remaining parcels were developed. When dividing this
requirement based on area, this left 705 caliper inches of replacement requirement for the two
parcels included in the Holiday and Auto Care World project. Staff has requested that the developer minimize any additional tree loss, with special consideration given to the remaining heritage trees. The applicant is asking for a waiver instead of meeting the 705 caliper inches of
replacement or making a payment in lieu. The current plans show additional heritage trees being
removed, most notably the large oaks at the corner of Pioneer Trail and Hennepin Town Road,
and does not go above and beyond the landscaping or tree replacement requirement to off-set the
additional removals, so staff does not support this waiver. Staff recommends that the applicant make a payment in lieu of tree replacement for the 705 caliper inches to comply with City Code.
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.
A. Minimum Lot Size – City Code requires a minimum lot size of 2 acres in the
Staff Report – Holiday and Auto Care World
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4
Neighborhood Commercial Zoning District. The proposed lot for the auto service garage
is 1.84 acres. The applicant is requesting a waiver to allow a 1.84 acre lot.
B. Minimum Lot Width – City Code requires a minimum lot width of 200 feet in the
Neighborhood Zoning District. The proposed lot for the auto service garage has frontage
on Hennepin Town Road, but the lot width is 160 feet wide along this public street. The
lot configuration and width allow the multi-tenant building to maintain the number of
parking stalls required for that existing business.
C. Parking Lot Island Size – City Code requires parking lot islands to have an area not less
than 160 square feet. The plan includes two parking lot islands that are 120 square feet.
The applicant is requesting a waiver to allow two out of a total of 10 islands to be 120
square feet rather than the required 160 square feet.
D. Parking Setback – City Code requires a 10 foot parking setback from side and rear lot
lines. The applicant is requesting a waiver for the parking across from the auto care
garage because the parking is 2.5 feet from the side lot line and for the parallel parking
stalls on the north side of the convenience store because the stalls are 5 feet from the property line. The waiver provides for adding the parallel parking stalls to comply with the parking requirements and to provide compliant parking and a drive aisle in front of
the service bays. The stalls across from the service bays are required to meet the business
need for applicant to ensure parking does not spill off the site.
E. Fueling Pump Canopy - City Code requires the fueling pump canopy to be located behind the building and away from adjacent residential area. The applicant is requesting a
waiver to allow the fuel pump canopy to be located in front of the building. Given there
are residential uses on the west side of the property, the proposed location keeps the
fueling pumps and all of the associated traffic away from the residential area.
The Code also requires the fuel pump canopy to be connected to the primary structure. The applicant is requesting a waiver to allow the fuel pump canopy to be separate from
the structure. In addition, all buildings and pump canopies are required by Code to have
peaked roofs. The applicant is requesting a waiver to allow the building and the pump
canopy to have flat roofs.
These standards for gas stations were adopted in 2014. The intent is for gas stations to blend in with residential development in the area. None of the current gas stations in Eden Prairie have pitched roofs. The Walgreens, child development facility and the multi-
tenant commercial building all have flat roofs with decorative elements that mimic a
peaked roof. This is the first proposal being reviewed since these Code requirements were
put in place. Staff speculates that a gas station meeting these requirements would be
Staff Report – Holiday and Auto Care World
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visually imposing rather than blending in with the adjacent residential architecture.
F. Tree Replacement – The Holiday and Auto Care World site was cleared and graded as part of the Bluff Country Village project. As part of that project, a number of significant
and heritage trees were identified as needing to be saved, but all other trees were removed
and a replacement requirement of 904 caliper inches was deferred until the remaining
parcels were developed. When dividing this requirement based on area, this left 705
caliper inches of replacement requirement for the two parcels included in the Holiday and
Auto Care World project. The applicant is requesting a waiver from meeting the requirement or paying the fee in lieu of tree replacement. Staff recommends denial of this waiver request.
SIDEWALKS AND TRAILS
There is an existing trail along Pioneer Trail and Hennepin Town Road. The applicant is proposing a
sidewalk system through the site that will connect to the trail system near the main entrance to the site.
ACCESS AND TRAFFIC
There are two access points proposed for this project. The main access point comes off of Hennepin
Town Road across from the entrance to Walgreens with a secondary access point off of Breezy Way
(private street). The main access will serve the gas station/convenience store, the existing multi-tenant commercial building and the auto repair garage. The secondary access point comes off of Breezy Way, which leads to Hennepin Town Road, and provides an alternate entrance and exit point.
The two access points are connected by a shared drive through the site. The shared drive provides for
internal circulation between uses and allows for the use of the secondary access point to help reduce
some of the vehicle trips at the main entrance. The traffic report indicates that queuing problems will
exist on various approaches at the intersection of Hennepin Town Road and the project’s main
entrance. In particular during the PM peak, the eastbound and westbound movements operate at a Level of Service (LOS) F and queuing is expected to extend beyond the development’s entrance on Hennepin Town Road frequently which will likely force vehicles entering and exiting the
development to wait for adequate gaps in the south-bound traffic flow in order to access into and out
of the site. The alternate access on Breezy Way will relieve some of that traffic congestion. A portion
of Breezy Way is located on the subject property, the multi-tenant commercial property, and the
Bluff Country Village Homeowners Association property. From staff’s understanding, an access easement exists over Breezy Way for this subject property’s development. However, defined maintenance responsibilities may not exist among these three properties. Therefore, the three owners
must enter into a joint access easement and maintenance agreement.
A traffic study was conducted for the development by the developer’s engineer. According to the
study, the project generates 220 trips and 252 trips during the a.m. and p.m. peaks, respectively, and 3,489 daily trips. The existing multi-tenant use generates 671 daily trips while the Walgreens
Staff Report – Holiday and Auto Care World
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generates 1,201 daily trips. The City believed there were inconsistencies between past development
traffic studies, on the same site, and this development. Therefore, the City requested that the
developer pay for an independent traffic study review. This was conducted by SRF Consulting
Group. Following this study review, the developer agreed to make revisions to their report focused around actual turning movement counts, queuing analysis and modeling, and the resulting recommended access modifications. Although it may not be evident by current traffic levels, the
traffic study acknowledged that providing a flashing yellow arrow operation at the CSAH No. 1
(Pioneer Trail) and Hennepin Town Road signalized intersection will improve overall performance
(particularly at the main access location) and that a ¾ access at the same main access point at
Hennepin Town Road will be needed in the future if this area reaches 2023 forecasted levels. As these improvements are the result of the proposed project traffic generation, the developer would be solely responsible for these improvements. The addition of the flashing yellow arrow operations at
the CSAH No. 1 (Pioneer Trail) intersection will require Hennepin County and Minnesota
Department of Transportation (MnDOT) approval. The City would entertain a shared cost option for
these improvements, but this agreement coordination among area tenants would be the responsibility
of the developer. The point when the 3/4 improvements are necessary will be determined by the City using decision criteria based on traffic congestion and operation issues to be detailed in the development agreement.
The Bridgehill Terrace cul-de-sac that is currently located along the west property line was not
constructed in a “final” configuration when the residential portion of Bluff Country Village was
developed. As part of this project, this private street should be completed with curb and gutter. From
staff’s understanding, an access easement currently exists on this private street. However, there may not be an agreement between the property owners regarding construction and maintenance responsibilities. Therefore, the property owners must enter into a joint agreement for the completion
of Bridgehill Terrace prior to the release of the Final Plat.
RETAINING WALLS Given the site rises approximately 15 feet on the west side, the project includes retaining walls along the west side of the site and between the two lots. The retaining walls heights are anywhere from 1 foot to as high as 10 feet. The applicant is proposing to use a segmental
retaining wall system. A building permit is required for any retaining walls 4 feet or taller. The
Development Agreement will address the fact that the maintenance and repair of the retaining
walls is the responsibility of the developer.
DRAINAGE The stormwater management infrastructure includes two separate underground systems, an
underground infiltration system and an underground filtration system. Infiltration is proposed to treat
the stormwater runoff from the auto care center and convenience store. The convenience store will be
separated from fueling operations by a defined topographic divide and separate storm sewer system.
This will prevent runoff containing spilled gas from the fueling area from entering the underground
Staff Report – Holiday and Auto Care World
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infiltration system. Sumps will be installed as pretreatment devices for the infiltration system to
capture sediment. The RPBCWD and City prohibit infiltration on land where vehicle fueling occurs,
and the applicant demonstrated that there is sufficient separation between the fueling area and
underground infiltration system to prevent mobilization of contaminants. A lined filtration system is proposed to treat stormwater runoff from the fueling area. A sump and SNOUT oil-water-debris separator will be installed as pretreatment devices for the filtration system. The proposed stormwater
management system meets watershed and City requirements for rate, water quality, and volume.
BUILDING ARCHITECTURE AND MATERIALS The convenience store faces Hennepin Town Road and the car wash is at the back of the building. The building includes recesses and projections, color changes, and roofline variation to create visual interest on all 4 sides of the building. The building materials include brick, glass, cultured stone and
some fiber cement panels. For the most part, the building complies with the building material
requirements; however, the applicant is proposing to use fiber reinforced plastic windows and
polycarbonate overhead doors on the car wash. These doors and windows are not considered class 1
material. Staff recommends that the applicant revise the west and north to comply with the City
Code.
The auto service station also includes building articulation and roofline variation that creates visual
interest. The building is two stories, but it is built into the slope so that the residents across
Bridgehill Terrace only see one story. The developer is proposing projections, changes in materials and colors on the back side of the building and providing a landscape buffer. The building materials include architectural precast panels with various textures and colors, brick, and glass. The building
complies with the building material requirements.
Staff Report – Holiday and Auto Care World
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LIGHTING
The lighting plan includes area lights illuminating the parking lot and drive aisles, wall pack lighting
on the sides of the building, canopy lighting for the pump canopy and down lighting in front of the convenience store. Other than a small area, the lighting complies with the lighting standards for the site as well as the specific requirements for the pump canopy. A condition of approval will be
included in this report addressing the need to make a minor modifications to the location of the
property lines and adjust the footcandles at the driveway from Breezy Way and in a small area
between the multi-tenant property line and the service garage..
SIGNS The proposal includes a proposed pylon sign, wall signs on the buildings and signs on the fuel pump
canopy. All of the proposed signs will require review and approval through the sign permit process
and compliance with Section 11.70.
UTILITIES A sanitary sewer main runs along Hennepin Town Road. The sewer service for both properties is proposed to be connected to this main. There is a water main along Hennepin Town Road and a
water service line that extends from this main into the site. Both properties are proposed to be
connected to the service line currently on the property.
SUSTAINABLE FEATURES The applicant is proposing a number of sustainable features and working to construct buildings that exceed minimum code requirements. Following is a list of features being proposed.
• All LED lighting for interior and exterior light fixtures along with occupancy controls
• Glass garage doors / high bay windows for natural light
• Above minimum code for wall R-Value
• Recycled content aggregate in the precast panels for service building
• Locally sourced precast concrete wall panel materials and construction
• Design structure for the service building to be “solar ready”
• Bike racks will be installed for each building
• Charging stations for electric vehicles are being planned for installation upon full review of
trial locations and technology within the Holiday network. The electrical conduit will be
installed during the building phase of the project to allow easier installation of the charging
stations at that later date.
NEIGHBORHOOD MEETINGS AND RESIDENT COMMENTS The applicant hosted three neighborhood meetings. The meeting were held on the project site. The
first two meetings were not well attended due to inclement weather. The third meeting was held on
Thursday, April 8, 2021 on the project site. Approximately 10 residents attended the meeting.
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According to the applicant, the consistent concern is about traffic, the speed limit on Hennepin Town
Road and the safety of the intersection of Breezy Way and Hennepin Town Road.
Since the time that you received the packet for the May 24 Planning Commission meeting on May 20, 2021, staff has received 33 emails and letters from residents commenting on the proposed project. All of the letters and emails included in the May packet and the new letters and emails are
attached to this staff report. A petition has been circulated regarding the project. The petition can be
found at the following website: www.stopthestation.org. For your review, a list of those people that
signed the petition and comments from some of those people that signed the petition are attached to
this staff report for your review. STAFF RECOMMENDATION
Staff recommends approval of the following requests:
• Planned Unit Development Concept Review on 3.96 acres
• Planned Unit Development District Review with waivers on 3.96 acres
• Site Plan Review on 3.96 acres
• Preliminary Plat of 2 lots on 3.96 acres This is based on plans stamp dated April 16, 2021, staff report dated May 20, 2021 and the
following conditions:
1. Prior to the 1st reading before the City Council, the applicant shall:
A. Revise the Site Analysis Table so the required front parking setback is 35 feet.
B. Revise the Lighting Plan to show the correct property lines for the Holiday lot and revise the footcandles at the driveway from Breezy Way and in a small area between the multi-tenant property line and the service garage.
C. Revise the building material percentages for the gas station/convenience store to
reflect the fact that the fiber reinforce plastic windows in the car wash are class II
material.
2. Prior to release of the Final Plat, the applicant shall A. Provide copies of legal documents, either in Homeowners Association format or
private covenant and agreement format to be approved by the City that shall
address the following:
• Describe the long term private maintenance or replacement agreement for the
retaining walls.
• Insertion of language in the documents that relinquishes the City of Eden
Prairie from maintenance or replacement of the retaining walls.
• Construction, access and maintenance agreements for Breezy Way and
Bridgehill Terrace and with Lot 1, Block 1, Bluff Country Village 2nd
Addition.
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• Evidence of the termination of the use restriction must be recorded against the property 3. Prior to Land Alteration Permit issuance, the applicant shall: A. Pay the fee in lieu of tree replacement for 705 caliper inches.
B. Submit detailed storm water runoff, wetland, utility, street and erosion control
plans for review and approval by the City Engineer.
C. Submit a landscaping letter of credit or escrow surety equivalent to 150% of the
cost of the landscaping. D. Obtain and provide documentation of Watershed District approval. E. Notify the City and Watershed District 48 hours in advance of grading.
F. Install erosion control at the grading limits of the property for review and approval
by the City.
G. 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 Association documents or private covenants and
agreements to the City following recording of the final plat.
5. The following waivers have been granted through the PUD District Review for the project as indicated in the plans stamp dated April 16, 2021.
A. Minimum Lot Size – City Code requires a minimum lot size of 2 acres in the
Neighborhood Commercial Zoning District. The proposed lot for the auto service
garage is 1.84 acres. The applicant is requesting a waiver to allow a 1.84 acre lot.
B. Minimum Lot Width – City Code requires a minimum lot width of 200 feet in the
Neighborhood Zoning District. The proposed lot for the auto service garage has
frontage of Hennepin Town Road, but the lot width is 160 feet wide on this public
street. C. Parking Lot Island Size – City Code requires parking lot island to have an area of
not less than 160 square feet. The plan includes two parking lot islands that are 120
square feet. The applicant is requesting a waiver to allow two out of a total of 10
islands to be less than 160 square feet.
D. Parking Setback – City Code requires a 10 foot parking setback from side and rear lot lines. The applicant is requesting a waiver for the parking across from the auto
care garage because the parking is 2.5 feet from the side lot line and for the parallel
parking stalls on the north side of the convenience store because the stalls are 5 feet
from the property line. The waiver provides for adding the parallel parking stalls to
comply with the parking requirements and to provide compliant parking and a drive
Staff Report – Holiday and Auto Care World
Page 11
11
aisle in front of the service bays. The stalls across from the service bays are required
to meet the business need for applicant to ensure parking does not spill off the site.
E. Fueling Pump Canopy - City Code requires the fueling pump canopy to be located behind the building and away from adjacent residential area. The applicant is
requesting a waiver to allow the fuel pump canopy to be located in front of the
building. Given there are residential uses on the west side of the property, the
proposed location keeps the fueling pumps and all of the associated traffic away from
the residential area.
The Code also requires the fuel pump canopy to be connected to the primary structure. The applicant is requesting a waiver to allow the fuel pump canopy to be
separate from the structure. In addition, all buildings and pump canopies are required
by Code to have peaked roofs. The applicant is requesting a waiver to allow the
building and the pump canopy to have flat roofs.
These standards for gas stations were adopted in 2013. The intent is for gas stations to blend in with residential development in the area. None of the current gas stations in
Eden Prairie have pitched roofs. The Walgreens, child development facility and the
multi-tenant commercial building all have plat roofs with decorative elements that
mimic a peaked roof. This is the first proposal being designed with these provisions in
place. Staff speculates that a gas station meeting these requirements would be visually imposing rather than blending in with the adjacent residential architecture.
Tree Replacement – The Holiday and Auto Care World site was cleared and graded
as part of the Bluff Country Village project. As part of that project, a number of
significant and heritage trees were identified as needing to be saved, but all other trees were removed and a replacement requirement of 904 caliper inches was deferred until the remaining parcels were developed. When dividing this requirement based on area,
this left 705 caliper inches of replacement requirement for the two parcels included in
the Holiday and Auto Care World project. The applicant is requesting a waiver from
meeting the requirement or paying the fee in lieu of tree replacement. Staff
recommends denial of this waiver request. 6. A Steep Slope Permit is authorized through the approval of this project and plans stamp
dated April 16, 2021.
From:Kate White
To:Julie Klima
Subject:Proposed gas station at Pioneer/ Hennepin
Date:Thursday, June 10, 2021 3:12:49 PM
Hi,
I have lived off Pioneer/ Hennepin since 1999.
Watched the traffic grow to an unrealistic and dangerous amount during this time. I have had
to drive to and from work on Hwy 169 south of 494 for 21 years.
It is simply insane. The reconstructing of the interchange at 494 and 169 has only hindered theintended progress.
The frontage road is a rush hour nightmare during 3-6:30 M-F. A vehicle moves very slow
from Jerry's to Pioneer Trail due to the off loading from Hwy 169.
Pioneer or Hennepin were not designed for the current car or truck deluge occurring. Having agas station at the corner will not enhance a nice area, it will have the opposite effect.
The stop lights also pose quite an issue. One can sit on Bloomington Ferry Road heading west
to go south on 169 for a period of time. This blocks vehicles back tracking to avoid 169 atBloomington Ferry and Pioneer.
So now there will be greater traffic congestion east of the 169 bridge on Pioneer. Has anyone
looked into this?
169 simply cannot handle the traffic let alone Pioneer Trail/Hennepin.
Then bring in the noise, gas, pollutants, the large trucks delivering the fuel, sounds frommechanical instruments used in repair, congestion in the lot.
There are many safer, efficient, productive, entities that can be part of the pleasing landscape
EPrairie has come to know. A Holiday Station is not one of them.
Kate White
From:Kate White
To:Julie Klima
Subject:Gas station/repairs etc to be launched at Henn/Pioneer
Date:Thursday, June 10, 2021 2:52:42 PM
Hi Julie,
I had asked Beth Beutell if it is a Kwik trip going in there and she said no, Holiday.
She wanted my question added to the packet for Monday if possible.
Thanks, Kate White
Neighbor to Beth.
From:ron.szarzynski@gmail.com
To:Julie Klima
Subject:FW: FW: Proposed Auto Repair shop and Gas Station, Eden Prairie Planning Commission
Date:Thursday, June 10, 2021 11:08:11 AM
Hi Julie, below is an updated concern list.
Thanks, Ron Szarzynski
Our neighbors are concerned about this project:
Increased traffic coming from 169 into the area, reducing accessibility to walkers crossing
Pioneer Trail, creating safety risks, and congestion in this area
Increased traffic along Hennepin Town Road
Increased noise, sound from the Car wash, 10 Car Repair Bays
· Bright lights / light pollution from the gas station signage and car repair signage
· Unsightly view for your residents on the North and west side of your building who will
now face the Gas station complex. (and for all of us travelling past this area
Also where does the gas go when someone overfills their tank?
What happens as Electric cars continue to grow in use per many car manufacturers
mandates?
Concern for potential ground pollution from the gas tanks they would be putting into the
ground.
This is our point of view, and we hope there is a shared concern from your position.
If you are able to attend the Planning Commission Meeting:
June 14, 7pm
City Council Chambers, 8080 Mitchell Rd.
If you have questions or would like to talk through the project prior to the Commission meeting, I
am available in person, by Zoom or phone.
Thanks Katie!
Beth Beutell
612-964-8073
From:Geri Martin
To:Julie Klima
Subject:PUD proposal for Hennepin Town Road and Pioneer Trail
Date:Wednesday, June 9, 2021 9:20:59 AM
Dear Ms. Klima and EP City Planning Commission,
It's come to my attention that there is a meeting 6/14 to review the proposed PUD at the cornerof Hennepin Town Road and Pioneer Trail, to include a gas station and 10-bay car service
center. This is a much more traffic and pollution intensive development site than originallyapproved (restaurant, coffee shop, light retail, etc.).
Please do not approve the requested proposal or grant so many variances for development of a
gas station/car wash/10 bay car service center on this property. It is just too intense for the
site.
Please don't waive set back distances for parking and allow so much parking and development
on too small a site, i.e. 1.84 acres as opposed to 2 acres as required for Neighborhood
Commercial.
A gas station at this site is not market demand needed with gas stations located at both the
nearest north and south exits off HWY - 169 (and it is that regional through-traffic that will be
served generating more traffic on Pioneer Trail and the Hennepin Town Road frontage road).
The nearest gas stations, whether in EP or Bloomington, are not immediately adjacent to
residential. And as I am sure you know from traffic studies, Hennepin Town Road is routinely
used at peak times as a HWY-169 alternative, and this will only increase demand on this road.
In addition, a gas station, car service business has the added pollution concerns of both
lighting and runoff/drainage near a residential area.
I wanted to voice my concerns as well as my understanding that the site certainly deserves tobe developed Neighborhood Commercial, just not so intensely.
Thank you for your consideration,
Geri Martingerimartin123@gmail.com9853 Lee Drive
From:Ann Pfister
To:Beth Novak-Krebs
Subject:Holiday/Auto Care proposal
Date:Monday, June 7, 2021 5:24:13 PM
Ms. Novak-Krebs--
We are strongly against the proposal for a gas station and auto care center 500 feet from ourTown home property. Would you be in favor of this if it was proposed 500 from your home?
The nearest gas stations (Speedway on Flying Cloud Drive, across from the airport, and theone next to McDonalds and other commercial properties) on Bloomington Ferry Drive) do not
have any residential homes near them. We do not use either of these as we go to Costco forour gas.
We already have trouble getting out of our development during rush hour as cars line upsouthbound on Hennepin Town Road to turn left or right onto Pioneer Trail. Now this
developer wants to add an entrance into the parking lot off of Breezy Way which will causefrustrated drivers to drive through our neighborhood on our PRIVATE road, maintained and
paid for by our HOA funds. The Traffic Impact study failed to acknowledge this. The trafficstudy does not acknowledge that periodic backups on HTR extend almost up to Jerry's. Those
of us who have spent 30 to 40 minutes trying to go one mile to get to our street in the eveningare quite sure that they are real. Apparently engineers do not consider what drivers will do if
they don't want to wait in a stop and go line up.
The Traffic Impact study is interesting both for what it says and what it doesn't. For example,the new Breezy Way entrance which in the early going last fall was not in the plan and first
appeared as "small emergency driveway which will be little used" in the last developer sitemeeting is now described as a full entrance/exit. In the bowels of the report the real purpose is
disclosed, "Vehicles exiting the site from the gas station will likely use the existing accesson Hennepin Town Road while auto care and retail customers will likely use the BreezyWay access." For Bluff Country Village residents this means longer waits to get on HennepinTown Road via Breezy Way. It also means that vehicles exiting the mall during the afternoon
rush hour will turn left to Belmont Lane in hopes of a shorter wait at HTR.
I highly doubt any of the people making decisions for this proposal would agree to it if theylived in our neighborhood. Please vote as if it negatively affected your property the way it will
negatively affect ours, Please take all of the factors (and there are many) into account and voteagainst this proposal.
Ann & Mark Pfister
9680 Belmont Lane
From:Barb Peterson
To:Beth Novak-Krebs
Cc:Barb Peterson; Larry Mueller
Subject:Re: Proposal for New Auto Care World/Holiday Gas Station on Pioneer Trail & Hennepin Town Road
Date:Friday, May 28, 2021 11:12:35 AM
Good Morning Beth,
I am getting back in touch with you regarding the development proposal as noted in theSubject line above. I understand that there is a hearing scheduled for June 14th at 7 pm;
however, we have not received any formal notification regarding this meeting.
I would like to inform you that my husband Larry Mueller and I are not supportive of thisdevelopment going in for several reasons as noted below:
- I am concerned about extra traffic in our area in addition to current traffic with currentbusinesses including Walgreens, Kinderberry Hill Child Development Center across the street,
and businesses in the strip mall. Parents in our Bluff Country Village development park onBelmont LN and Breezy Way waiting for their children to get on/off the bus and this already
creates congestion at certain times of the day. I see parents pulling out onto Hennepin TownRoad and circling back around as needed. The busses stop on Hennepin Town Road.
- There is a potential for a decrease in our property values with such a development going injust down the street from us. I have concern about increased noise, lighting, and possible
environmental hazards related to the gasoline.- We are living in a time of increased crime throughout Minneapolis/St. Paul and surrounding
areas and this development has the potential of bringing in more people to our neighborhoodchanging the demographics for us. There are longer business hours, minimal employees at
certain hours, possible theft, loitering/hanging out.
We moved to Eden Prairie in the 80’s because of the high standard of living in this communityand the thoughtfulness about our environment. I already feel more vulnerable given my age. I
planned on staying in this location for many years, however, if this development goes in I mayneed to reconsider. I am a pediatric nurse practitioner/pediatric mental health specialist and an
advocate for children and families. There are many persons who walk and ride bike alongHennepin Town Road and Pioneer Trail. They should be able to do so and feel safe. The
parents who have their children at Kinderberry Hill Child Development Center also deserve tohave the reassurance that their children are in a safe neighborhood. Let’s continue to support
our children & families in Eden Prairie by keeping/creating family friendly communities. Iam aware that some type of business will eventually go into this plot of land. Would it be
possible for a group from the planning committee and surrounding neighborhoods to explorewhat might be some reasonable options for this property and market accordingly.
I want to thank you for listening to these concerns and for your advocacy in your role as
Senior Planner for the City of Eden Prairie.
Kind Regards,
Barb PetersonPH: 612-751-1900
Larry Mueller
PH: 952-393-1509
On Oct 21, 2020, at 9:04 AM, Beth Novak-Krebs
<bnovakkrebs@edenprairie.org> wrote:
Good morning Barb,
The developer has not submitted a formal application to the City yet. Theneighborhood meeting is an opportunity for the developer to meet with the
residents before submitting an application. When the developer submits anapplication, the process includes a public hearing before the Planning
Commission and a public hearing before the City Council. At that time, we willpost information about the project on the City's development projects interactive
map. All property owners within 500 feet of the project will be notified by mailof the public hearings. You are welcome to email me periodically to find out the
status of the project.
Best Regards,
Beth Novak-Krebs, AICPSenior Planner
City of Eden Prairie952-949-8490
bnovakkrebs@edenprairie.org
-----Original Message-----From: Barb Peterson <barb.peterson@me.com>
Sent: Tuesday, October 20, 2020 2:47 PMTo: Beth Novak-Krebs <bnovakkrebs@edenprairie.org>
Cc: Larry Mueller <lmueller2@comcast.net>; Barb Peterson<barb.peterson@me.com>
Subject: Proposal for New Auto Care World/Holiday Gas Station on Pioneer Trail& Hennepin Town Road
Good afternoon Beth,
I am wondering about more information regarding the above proposal listed in
Subject Line. Larry and I live just down the road in Bluff Country Village. Wereceived a letter in the mail from RJRyan Construction, Inc. There is a meeting
today at the site from 4-5:30pm. Are there any other informational meetingsscheduled at city hall?
Thank you for any additional information you might provide.
Kind Regards,
Barb Peterson
Mobile: 612-751-1900
Larry MuellerMobile: 952-393-1509
From:Beth Beutell
To:Julie Klima; Beth Novak-Krebs
Cc:Tim Beutell
Subject:Comments from Residents Beth and Tim Beutell for June 14 2020 Planning Commission meeting- Auto Complex
Date:Thursday, June 10, 2021 2:40:02 PM
Importance:High
Dear Julie and Beth: Thank you in advance for including our comments in the packets for the June14 Planning Commission meeting.
_________________________________________________________________________________
Dear Planning Commission members: Michael DeSanctis, Ed Farr, William Gooding, Ann Higgins,John Kirk, Rachel Markos, Carole Mette, Andrew Pieper, Robert Taylor
We’ve lived on the same street in Eden Prairie for over 30 years. Our home is tucked along the cul-de-sac of Lee Drive, where we have raised our children, hosted gatherings, worked, supported thecommunity. We come to you with history and a perspective of our area of Eden Prairie.
Just two weeks ago we learned about plans to build a gas station, 10 bay car repair garage, car wash,and convenience store across the road from our neighborhood, on a small parcel of land.
We are stunned and disappointed. The idea of a gas station has been proposed before (1990’s, and2006) and rejected by the City Council. Both times, it was simply a gas station and car wash, not thehuge auto complex currently proposed. The City Council at the time understood the negativeaspects of building a gas station in proximity to neighborhood homes.
We are coming to you, knowing that you were not commission members when the other projectswere proposed. This is our third time advocating for our neighborhood, communicating to City staff,advisory citizens, and elected officials that a gas station is an irresponsible development for thisarea.
The Developer requires multiple, excessive waivers: minimum lot size, minimum lot width, parkinglot island size, parking setbacks, cutting trees and replacing them in another part of the city (not ourneighborhood), canopy waivers. Two pages of waivers.
The developer minimizes and ignores the traffic problems they will bring to the area.
We do look forward to development of this parcel of land. Imagine neighborhood businesses like acoffee shop, bike shop, restaurant, or even the new trend of a food hall with changing markets. Andquite possibly an added small residential rental unit (given housing shortages).
City Planning Commissioners: please do not approve, recommend or allow the mega auto complexproject to move forward.
Beth and Tim Beutell, 9890 Lee Drive
From:brantval@aol.com
To:Julie Klima; Beth Novak-Krebs
Cc:bethbeutell@outlook.com
Subject:Proposal
Date:Thursday, June 10, 2021 12:37:33 PM
Ms.Novak-Krebs and Ms. Kilma,
We would like to express our concern over the proposal for the Holiday Gas Station
Store/Car Wash and the multi stall, Auto Care Plus repair shop . There is a similar
business less than 1 mile away. Is this really necessary? This goes well beyond the
potential taxes, license fees and any other revenues accessed for this plan.
The current PUD is not for a Gas Station. It is set for soft retail, not this blatant
intrusion into our neighborhood. The traffic through this area has increased
immensely, in particular at rush hour. Any increased amount would cause even more
of a hindrance for the local residents. There would be an increased amount of
lighting, signage, and noise from all the additional traffic, car wash and pneumatic
equipment used in the repair area. Of course, pollution is of concern as well.
We are not opposed to some form of soft retail, but this is not. If you have to make
changes in the zoning. Variances and Setbacks, then this is not right. We bought into
this neighborhood with it set up as it is. Any changes would be against us.
Please do not allow this proposition to go forward. This land has sat vacant for many
years and for the sake of our neighborhood, let’s wait until the proper fit comes along
Respectively,
Brant Hutchins – Valerie Ewald
9901 Lee Drive
Eden Prairie, MN 55347
From:Brian Johnson
To:Beth Novak-Krebs
Subject:Auto Care World Development
Date:Friday, May 21, 2021 1:38:00 PM
Hi Beth – We are firmly against the building of Auto Care World on the corner of Hennepin Town
Road and Pioneer Trail. The Auto Care World is going to be extremely close to our home on
Bridgehill Terrace, creating a lot of noise and light pollution. We are very comfortable with the
existing retail stores and would support additional retail stores in the development area but not a
multi bay auto repair shop. This auto repair shop will operate beginning at 7am causing a large
amount of traffic and noise early in the morning, every morning.
Brian & Wendy Johnson
10076 Bridgehill Terrace
Eden Prairie, MN 55347
612-381-7330
From:Bruce Baron
To:Beth Novak-Krebs
Subject:Holiday gas station at Pioneer trail and Hennepin town rd
Date:Monday, June 7, 2021 8:22:33 PM
Sent from my iPad. Hi, my name is Bruce Baron; please do everything in ur power to stop this horrific problem for
our lovely serene neighborhood. Please stop this development as it does harm to our neighborhood. Sincerely yours,
Bruce Baron. 9781 Belmont Lane E P
From:Jeanne and Dan Carsello
To:Beth Novak-Krebs
Subject:Gas Station
Date:Tuesday, June 8, 2021 11:05:56 AM
Hi,
We live in Bluff Country, very close to the proposed gas station site.
We find it hard to believe that this project had got this far. It will be so disruptive to our
community that we will probably want to relocate. Seriously.
Getting out to Hennepin Town Road from Belmont Lane is near impossible in rush hour, inaddition to the fact that due to the curve it is dangerous to face the 50 mph traffic going south
on Hennepin Town.
Due to this, we usually exit via Breezy Way. I cannot imagine what the proposed project willdo to that strategy.
We hope to God you all will take another look at this. It just seems like an illogical and
unnecessary use of the parcel.
Dan Carsello9700 Belmont Lane
From:Gary Klesk
To:Beth Novak-Krebs
Subject:Auto care/Holiday station proposal
Date:Thursday, May 20, 2021 6:36:17 PM
Hello,
I live at the Bluff Country townhome development off of Hennepin town rd and Pioneer Trail. This Monday May
24th at 7pm, city council will discuss the proposal of building an Auto Care/ Holiday station at the mall on
Hennepin Town Rd and Pioneer Trail.
I am against this project for a number of reasons. Besides the noise, light and increased traffic patterns. It has been
made known that an access driveway would be placed off of Breezy way st. to the mall. Breezy Way st. Is part of
the private roads within the townhome/ condo development. Roads that the homeowners pay to plow and maintain
from our association funds. We homeowners have no plans to pay for maintenance needed to repair that road due to
increased traffic and overweight vehicles using the proposed driveway access. I doubt the city plans to plow and
maintain our private road system to accommodate this access to the mall. My vote is two deny this project, as many
of the other homeowners involved will agree.
I hope to attend the meeting. But I wanted ensure my stand on this project was known in writing.
Respectfully,
Gary Klesk
9706 Belmont Lane
Eden Prairie MN 55347
From:Julie Klima
To:Beth Novak-Krebs
Subject:Fwd: PUD proposal for Hennepin Town Road and Pioneer Trail
Date:Wednesday, June 9, 2021 10:00:05 AM
Hi Beth - please respond and include this in the PC packet with other resident comments.
Thank you - Julie
Begin forwarded message:
From: Geri Martin <gerimartin123@gmail.com>Date: June 9, 2021 at 9:20:59 AM CDTTo: Julie Klima <jklima@edenprairie.org>Subject: PUD proposal for Hennepin Town Road and Pioneer Trail
Dear Ms. Klima and EP City Planning Commission,
It's come to my attention that there is a meeting 6/14 to review the proposed PUDat the corner of Hennepin Town Road and Pioneer Trail, to include a gas stationand 10-bay car service center. This is a much more traffic and pollution intensivedevelopment site than originally approved (restaurant, coffee shop, light retail,etc.).
Please do not approve the requested proposal or grant so many variances for
development of a gas station/car wash/10 bay car service center on this property.
It is just too intense for the site.
Please don't waive set back distances for parking and allow so much parking and
development on too small a site, i.e. 1.84 acres as opposed to 2 acres as required
for Neighborhood Commercial.
A gas station at this site is not market demand needed with gas stations located at
both the nearest north and south exits off HWY - 169 (and it is that regional
through-traffic that will be served generating more traffic on Pioneer Trail and the
Hennepin Town Road frontage road). The nearest gas stations, whether in EP or
Bloomington, are not immediately adjacent to residential. And as I am sure you
know from traffic studies, Hennepin Town Road is routinely used at peak times as
a HWY-169 alternative, and this will only increase demand on this road. In
addition, a gas station, car service business has the added pollution concerns of
both lighting and runoff/drainage near a residential area.
I wanted to voice my concerns as well as my understanding that the site certainlydeserves to be developed Neighborhood Commercial, just not so intensely.
Thank you for your consideration,
Geri Martingerimartin123@gmail.com9853 Lee Drive
From:jherman787@aol.com
To:Beth Novak-Krebs
Subject:Pioneer Trail and HTR Proposed Development
Date:Tuesday, June 8, 2021 11:47:00 AM
Hello, Ms. Novak-Krebs. I am writing to ask for a reconsideration of the proposed development at the
subject intersection for the following reasons:
1. The development, in particular the 10 bay auto repair facility will be within 30 yards of the residences it
will back up to.
2. To my knowledge, the gas station proposed will be closer to an existing residential community than
any other gas station approved in Eden Prairie.
3. The nature of Breezy Way, a signed private road, will be dramatically changed with the addition of an
access/egress driveway from the development. This street is currently used by residents for walking, dog
walking, children bicycling and other activities you would expect in a quiet residential area.
4. Despite the claims by the developer, pre-pandemic, HTR southbound backed up daily during rush
hour traffic. HTR effectively became an auxiliary lane for southbound Hwy 169 between Anderson lakes
Pkwy and Pioneer Trail. At times the back up from Pioneer Trail extended past the Sherwood
Development. The proposed development will do nothing but add to this problem and create a potentially
dangerous condition when vehicles, attempting to access the proposed development take a "shortcut" on
Belmont Lane (also a private street) in order to access the gas station/Auto Repair Facility off of Breezy
Way. Families with children live in this area and since it is a townhouse development and those
townhouses have no back yards, all the children play in the normally quiet street.
I ask that you reconsider approving this project or, short of that, eliminating the Breezy Point
access/egress driveway.
Thank you.
Jay Herman
Jay Stankiewicz Public Statement, Waiver Objections, and Submitted Research
Holiday Gas Station and Service Center Development at Hennepin Road and Pioneer Trail
Jay Stankiewicz Written Statement
In recent communications, the proposed owner of the Holiday Gas Station and Service Center says this
development will “enhance” our neighborhood and that he’s a “great supporter” of Eden Prairie
residents. He professes to be a lifelong Minnesotan who cares about his community and environment.
I’ve spent months doing research and talking with 100’s of residents. I can’t think of a more
disingenuous statement from someone trying to build a 24-hour gas station nested in a residential
neighborhood in close proximity to hundreds of homes, a daycare, and senior living center. I’ve asked
where the owner lives and he didn’t answer. But I’m pretty sure it’s not within 500 feet of a 24-hour gas
station and service center housing ~75 vehicles.
The proposed owners are well aware of the negative impact this will have on the immediate community.
They have a legal team. They contracted a major developer. And they’ve requested eight waivers from
the city because they know the site inherently can’t support this type of development. In fact, this
development runs counter to the city’s own definition of the Residential Commercial Zoning District:
“The purpose of the Neighborhood Commercial Zoning District is to provide appropriately
located areas for retail stores, offices, and personal service establishments patronized by
residents of the immediate neighborhood area. To permit development of neighborhood shops
and related office uses, which can be accommodated in less than 50,000 squad feet of retail
area, and are in the appropriate locations shown on the Guide Plan, according to standards that
minimize adverse impact on adjoining residential uses.”
This site was never meant to be a 24-hour gas station. For residents who reviewed this code before
purchasing their properties, they did so believing the city’s code would protect those investments. And
yet, the city is on the precipice of putting the potential profits above the community’s well-being.
I have a full time job, wonderful wife and child, and a great home. I didn’t want to spend hundreds of
hours organizing, researching, and communicating but if I hadn’t done that work, or held the planning
office accountable, they would’ve held this hearing in May with no one being informed. I understand it
was a clerical error, however, the process hasn’t been transparent.
No one I’ve spoken with wants to live within 500 feet of a 24-hour gas station and service center, which
at any given moment will have a dozen idling vehicles. We have hundreds of signatures on a petition
(www.stopthestation.org), and the city planner has received dozens of emails and letters in opposition.
Our community leaders also met with Mayor Case to share the following concerns with this proposal.
From an environmental standpoint (see studies below that validate these points), it has been proven
that gas stations and service centers:
Drastically increase the occurrence of acute childhood leukemia. Beyond our neighborhood, we
have a daycare with hundreds of young children in close proximity to this development. The U.S.
Environmental Protection Agency has recommended screening school sites for potential health risks
when located within 1,000 feet of a gas station. This hasn’t happened to date. That is a reason to
postpone this vote until more is learned.
Jay Stankiewicz Public Statement, Waiver Objections, and Submitted Research
Holiday Gas Station and Service Center Development at Hennepin Road and Pioneer Trail
Gas stations release benzene and other cancer-causing vapors into the atmosphere from storage
tank vents and while gas is being dispensed at the pump. In addition, residents are at risk of
contamination from gas spilled at the pump, which numerous major studies underscore. It’s not just
the subsurface pollution – it’s light, sounds, vapors, and everyday spills all of us make at the pump.
At minimum, this project needs a full environmental assessment before anything moves forward.
Not doing so is to lead with ignorance and a complete disregard for our local community. This hasn’t
happened to date and is a reason to postpone this vote until more is learned.
The city approved a waiver that allows the owners to cut down many historic trees and other
vegetation that currently protects residential properties. Instead of replanting on the property, they
will make a cash payment to the city to plant trees in other neighbhors/parks. We lose hundreds of
calipers of trees, the city gets paid, and other neighborhoods benefit. How is this okay at any level?
From a traffic and congestion standpoint, we can apply some standard averages and projections based
on guidance in ITE’s Trip Generation manual and other gas station studies. Here are a few to consider:
Each station pump generates up to 130 trips per day. Each 1,000 square feet of a convenience store
produces up to 1,200 trips per day.
So a 5,200 square foot gas station with eight pumps will generate up to 7,000 trips per based on
national averages. Yet the developer’s traffic study predicts a total of just 3,489 daily trips, or less
than half of what is expected for similarly sized gas station developments. Revisiting the
assumptions made in the developer’s traffic study is a reason to postpone this vote.
Yet even with the developer’s numbers, the study still indicates traffic problems will continue to
increase at this intersection – which we already experienced before the pandemic. The “owner”
would understand that if he actually lived here as a “great supporter” of residents.
Their proposed solution is to create a second entrance on Breezy Way that will drive Hennepin
congestion into the town home’s access road. Today that road is used solely for residents. Turning a
dead-end residential street into a through-road will significantly increase traffic volumes, speeds,
and the risks that come with it… all along a major walking path. I did not find the traffic assessment
addressed impacts on the Breezy Way entrance. This is another reason to postpone this vote until
more is learned.
The city’s own planners admit this development will create issues in the coming years, yet they’ll
leave it to the developer to be responsible for “improvements” – including a ¾ turn and blinking
yellow light. That isn’t enough. And the local residents 100% agree with me. Again, we’re dealing
with someone willing to put a 24-hour gas station within a dense residential community. Relying on
this person’s sense of responsibility is a dubious venture at best.
From a property value standpoint, it has been proven that gas stations and service centers:
Decrease local residential property values. The decrease directly correlates to the distance from the
station – those properties closest feel the most pain. And with this proposal, we’d have people living
not just 500 feet away but as close as 70 feet from highly visible service center.
Jay Stankiewicz Public Statement, Waiver Objections, and Submitted Research
Holiday Gas Station and Service Center Development at Hennepin Road and Pioneer Trail
Bring people in and out of this intersection at all hours, have people hanging out at the property,
including non-resident commuters. Let’s be clear – 24-hour stations are proven to increase crime in
local neighborhoods. Yet, has a study been done by the city on increased crime rates related to this
development? If not, that’s a reason to postpone this vote to learn more.
According to Zillow, the largest real estate research website in the country, the vast majority of
realtors surveyed said an increase in robberies, accidents, traffic, and environmental issues will
decrease property value. And in real estate, perception is reality. If a property value study hasn’t
been completed, that’s a reason to postpone this vote until more is learned.
And what if a leak happens underground? In an EPA-sponsored focus group, all participants felt
leaks would render a property unsellable. Several referred to “stigma” that could take years to
decades for affected properties to fully recover value.
This development is not only harmful but unnecessary and unwanted by the immediate residential
community. We have a convenience store in Walgreens. We have two different gas stations and four
service centers within a three-minute drive. This development will put the potential for profits above
the wellbeing of local residents.
As part of this statement, I am submitting research and studies below that underscore the negative
impact of this development, including objections to the waivers being granted by the city planning
office. In addition, I request an indefinite delay to further public hearings or votes until the city,
developers, or partners complete the following additional research:
Conduct Screening for School Sites: As recommended by U.S. EPA, conduct an environmental
screening for the Kinderberry Hill daycare for potential health risks.
Conduct an Environmental Study: There has not been a dedicated assessment on this
development’s impact on the environment. Engage a non-biased, third-party to execute.
Conduct a Revised Traffic Study: Based on the derivation between national averages and the
developer’s engineer assumptions, conduct a new study to validate the results. As part of the study,
include a direct examination of the impact of proposed changes to the Breezy Way road.
Conduct Study on Crime Rates: Complete a study on the impact of 24-hour gas stations in dense
residential areas focused on crime rates, late-night disturbances, and other safety issues.
Conduct a Property Value Study: Complete a study on the impact to property values when a 24-
hour gas station is developed within 1000 feet of residential homes.
Regards,
Jay Stankiewicz
10016 Shadow Pond Dr
Eden Prairie, MN 55347
Jay Stankiewicz Public Statement, Waiver Objections, and Submitted Research
Holiday Gas Station and Service Center Development at Hennepin Road and Pioneer Trail
Research studies on Impact of Gas Stations in Residential Areas
Dozens of research studies are available that underscore the environmental risks associated with a gas
station development within a residential community. In addition to light, sound, and air pollution, one
major risk is subsurface contamination. This results from ongoing releases, large and small, of gasoline
and petroleum products from storage tanks, hydraulic lifts, car washes, and service bays – all of which
will be present in a very condensed development force fit into an area that is too small and within 70
feet of home owners in the Bluff Country Village (BCV) community.
Gas stations also produce and leak surface-level chemicals and vapors – many of which are known
human carcinogens. In the past, gas station spills have caused soil, groundwater and vapor
contamination. Migration of contaminants to offsite properties and sensitive receptors – such as local
residents or young children at a daycare – will generate liabilities for the city and these developers. The
main compounds raising pollution for our community include the following:
Benzene (see related research below)
Toluene
Ethylbenzene
Xylene
Pb
MTBE
Ethylene dichloride (EDC)
Naphthalene
In addition, idling engines, particularly those in large diesel trucks, emit a large quantity of particulates
into the local atmosphere. These particulates can pose a significant health risk for those living near
convenience store/truck stops.The increased risk this gas station represents cannot be refuted. Below is
a visualization of how harmful contaminants are released into a neighborhood. The BCV community will
be extremely close to the station and service center, some of whom will be a stone’s throw away.
Source: https://link.springer.com/article/10.1007/s40572-015-0074-8/figures/1
Jay Stankiewicz Public Statement, Waiver Objections, and Submitted Research
Holiday Gas Station and Service Center Development at Hennepin Road and Pioneer Trail
Study: Infiltration and evaporation of small hydrocarbon spills at gas stations
By John Hopkin’s School of Public Health with the Department of Environmental Sciences
Source: https://www.sciencedirect.com/science/article/abs/pii/S0169772214001417
This study was completed by PHDs, scientists and faculty members at the John Hopkin’s School of Public
Health. The study found that small everyday spills at the pump are likely a much larger issue than
previously thought. The study used a mathematical model that found, over the lifespan of a gas station,
concrete pads accumulate significant amounts of gasoline, which eventually penetrate the concrete and
escape into the underlying soil and ground water.
The researchers estimate that a single gas station spills more than 1,500 liters of gasoline within 10
years, which they say is a very conservative estimate. Here are direct and frankly very disturbing quotes
from the lead PHD researcher, Markus Hilpert:
“Even if only a small percentage reaches the ground, this is problematic because gasoline
contains harmful chemicals including benzene, a known human carcinogen. Our experiments
suggest that even the smallest spills have a lasting impact.”
“Chronic gasoline spills could well become significant public health issues since the gas station
industry is currently trending away from small-scale service stations that typically dispense
around 100,000 gallons per month to high-volume retailers that dispense more than 10 times
this amount."
“If these spills do occur, it is also important to prevent rainwater from flowing over the concrete
pads underneath the pumps. Otherwise, storm runoff gets contaminated with benzene and other
harmful chemicals and can infiltrate into adjacent soil patches or form storm water that may end
up in natural bodies of water.”
Related Research:
Assessing the impact of petrol stations on their immediate surroundings
https://www.researchgate.net/publication/46109925_Assessing_the_impact_of_petrol_stations_on
_their_immediate_surroundings
Hydrocarbon Release During Fuel Storage/Transfer at Gas Stations: Environmental & Health Effects
https://link.springer.com/article/10.1007/s40572-015-0074-8
Risk of Cancer as a Result of Community Exposure to Gasoline Vapors
https://www.tandfonline.com/doi/abs/10.1080/00039890409605165
Childhood leukemia and residence next to petrol stations and automotive repair garages
https://pubmed.ncbi.nlm.nih.gov/19213757/
Jay Stankiewicz Public Statement, Waiver Objections, and Submitted Research
Holiday Gas Station and Service Center Development at Hennepin Road and Pioneer Trail
Study: Exposure to Methyl Tertiary Butyl Ether and Benzene in Proximity to Gas Stations
By Journal of the Air & Waste Management Association
Source: https://www.tandfonline.com/doi/abs/10.1080/10473289.2001.10464339
This study was conducted to provide actual data on residents' exposure to two important gasoline
constituents [methyl tertiary butyl ether (MTBE) and benzene] relative to their proximity to roadside
service stations.
The results confirmed that residents in neighborhoods near service stations are exposed to elevated
ambient MTBE and benzene levels compared with those living farther from such a source. However, it
was also found that the presumed elevated outdoor benzene levels (a mean of1.7 ppb) even in close
proximity to service stations did not exceed the indoor levels (a mean of 2.2 ppb) of exposure for those
living nearby. Regardless of residents' distance from service stations, an indoor source (cigarette
smoking) appeared to be the major contributor to their benzene exposure.
Conversely, for MTBE, roadside service stations were found to be the major contributor to residents'
exposure. In addition, the residents close to the stations were exposed to elevated indoor and outdoor
MTBE levels. The sampling period (daytime and nighttime) and season (winter and summer) were
additional parameters for the outdoor MTBE and benzene levels and the indoor MTBE levels.
Meanwhile, the breathing zone air concentrations of service station attendants for both MTBE and
benzene were significantly higher than those of drivers (p < 0.05). In addition, the breathing zone
concentrations were significantly higher during summer than during winter for both drivers and
attendants (p < 0.05).
Related Research:
Impact of Benzene exposure on gas station employees
https://www.sciencedirect.com/science/article/abs/pii/S1352231007007583?via%3Dihub
Impact of Benzene exposure on mechanics
https://link.springer.com/article/10.1007%2Fs004200050281
The impact of BTEX emissions from gas stations into the atmosphere
https://www.sciencedirect.com/science/article/pii/S1309104215304384
Evaluation of environmental levels of aromatic hydrocarbons in gasoline service stations
https://www.sciencedirect.com/science/article/abs/pii/S0021967397003907?via%3Dihub#!
Vent pipe emissions from storage tanks at gas stations: Implications for setback distances
https://www.sciencedirect.com/science/article/abs/pii/S0048969718337549
Jay Stankiewicz Public Statement, Waiver Objections, and Submitted Research
Holiday Gas Station and Service Center Development at Hennepin Road and Pioneer Trail
Study: Leaking Underground Storage Tanks (LUSTs) and Environmental Injustice
By US National Library of Medicine National Institutes of Health
Source: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3980862/
This study, in part, explores Leaking Underground Storage Tanks (LUST) and the related risk of
contamination to soil and groundwater, which is exceptionally high. These LUSTs may impact nearly 50%
of the U.S. population and 99% of rural U.S. populations who rely on groundwater as their major source
of drinking water. Many of the impurities released from LUSTs include volatile organic compounds
(VOCs) and petroleum which readily evaporate into the air and soil. According to the U.S. Environmental
Protection Agency (USEPA), specific pollutants of concern include methyl tert-butyl ether (MTBE),
benzene, toluene, ethylbenzene, and xylenes (BTEX). Exposure to these contaminants pose a significant
public health risk as some of them have been classified as carcinogenic, teratogenic, and/or implicated
in the etiology of other systemic symptoms
Benzene, one of the contaminants released from LUSTs, has been classified by the USEPA and the
Department of Health and Human Services (DHHS) as a known human carcinogen that causes acute
myelocytic leukemia and bone marrow depression. Furthermore, benzene exposure may cause
excessive bleeding and affect the immune system, increasing the probability of infection. Aside from the
direct release of benzene into the atmosphere, inhalation of benzene may also occur through a process
called vapor intrusion where benzene and other VOCs move through soils and into nearby apartment
buildings, thus contaminating indoor air. When inhaled at high levels, benzene may cause confusion,
dizziness, rapid or irregular heartbeat, and loss of consciousness.
Other Research:
An introduction about Underground Storage Tanks
https://www.epa.gov/ust/learn-about-underground-storage-tanks-usts
Hydrocarbon Release During Fuel Storage/Transfer at Gas Stations: Environmental & Health Effects
https://link.springer.com/article/10.1007/s40572-015-0074-8
Jay Stankiewicz Public Statement, Waiver Objections, and Submitted Research
Holiday Gas Station and Service Center Development at Hennepin Road and Pioneer Trail
Study: Air Quality and Land Use Handbook: A Community Health Perspective
By California Air Resources Board
Source: https://www.arb.ca.gov/ch/handbook.pdf
In 2005, the California Air Resources Board probably became the first in the U.S. to recommend a
minimum public health safety zone between new gas stations and “sensitive land uses.” Numerous
studies, including many included in this document, prompted the Board to recommend a minimum 300-
foot separation distance between new gas stations and “sensitive land uses such as residences, schools,
daycare centers, playgrounds, or medical facilities.”
The U.S. Environmental Protection Agency echoed concerns about the health risk associated with gas
station emissions in their School Siting Guidelines. The USEPA recommended screening school sites for
potential health risk when located within 1,000 feet of a gas station.
Most U.S. jurisdictions call for a greater separation than the 300 feet recommended by the California Air
Resources Board. The increasing safety zone distances were prompted by the growing body of research
showing that adverse health effects extend further and further from gas stations. In fact, a 2019 study
of U.S. gas stations found that benzene emissions from underground gasoline storage tank vents were
sufficiently high to constitute a health concern at a distance of up to 518-feet. Also, the researchers
noted:
“Emissions were 10 times higher than estimates used in setback regulations [like that in the
California handbook] used to determine how close schools, playgrounds, and parks can be
situated to the facilities [gas stations].”
Other Research:
Vent pipe emissions from storage tanks at gas stations: Implications for setback distances
https://www.sciencedirect.com/science/article/abs/pii/S0048969718337549
Jay Stankiewicz Public Statement, Waiver Objections, and Submitted Research
Holiday Gas Station and Service Center Development at Hennepin Road and Pioneer Trail
Objections to Waivers Granted
The partners requested many waivers from the city to push this development through. I would like the
Planning Commission to go through each waiver and explain why the city is allowing them to move
forward with a development that is clearly not a fit for the site:
Minimum lot size: City Code requires a minimum lot size of 2 acres in the Neighborhood Commercial
Zoning District. This is to avoid force fitting large developments into acreage that doesn’t support it.
I oppose the city’s decision to grant this waiver.
Lot without frontage on a public street: The proposed north lot (garage) has a proposed public
street frontage of less than 200’ (proposed roughly 160’). The proposed internal parcel boundaries
have been designed to split the access drive and separate the proposed uses on the site. Because
this will create congestion in entryways, I oppose the city’s decision to grant this waiver.
Internal parking lot setback less than 10’: The existing site and previous master development plans
had designed the parcel so that the internal parking lots met and encroached the setbacks areas.
The Auto Care project is proposing a similar layout and is requesting a waiver for the site layout and
parking to be less than 10’ from the internal lot lines. In English, I believe this will put more cars in
closer proximity of other properties. I oppose the city’s decision to grant this waiver.
Tree replacement: I’m completely against this waiver and all of its allowances to the developer. The
city is basically receiving a kickback instead of the developer replacing and/or preserving historic
trees and other vegetation. In addition, the city still must account for 904 caliper inches required
(which was deferred until development). I request examples of other gas station projects where the
city planner has recommended a direct payment instead of replacing 705 caliper inches or more.
Parking lot islands: Some parking islands will be less than City Code, which requires 160 square feet.
Some will be as small as 120 square feet. These guidelines exist to avoid collisions, congestion, and
other parking issues. I oppose the city’s decision to grant this waiver.
Parking setbacks: Due to site constraints, the parallel parking stalls on the north side of the C-store
are 5 feet from the property line in lieu of the City’s required 10’ setback. Therefore, the
development is requesting a waiver to allow this to be allowed as designed. Again, this will put cars
far close to other properties. I oppose the city’s decision to grant this waiver.
The fuel station canopy: City Code requires the fueling pump canopy to be located behind the
building and away from adjacent residential area. This is the only waiver that I don’t oppose,
however, it’s another example of the city establishing code it doesn’t follow, especially when it’s
receiving direct payments and other considerations that don’t enhance our community. The roof
and canopy design is the LEAST of our concerns but still underscores the planning staff’s willingness
to do whatever it takes to pass this proposal.
From:J J Perszyk
To:Beth Novak-Krebs
Subject:Holiday proposal for SE EP
Date:Wednesday, June 9, 2021 12:09:43 PM
Dear Ms Novak-Krebs and EP City Planning Commission,
My neighbor informed me that you will be meeting to discuss Holiday's prospective
development on some property nearby our home on Monday, June 14. The proposal is for a
gas station/car repair business with 9 bays and would be located at the intersection of Pioneer
Trail and Hennepin Town Road.
Please do not approve the requested proposal or grant any variances for development of a gas
station/carwash/ repair shop on this property. This is too much development for the site.
Holiday's proposed gas station would be noisy, require in/out access changes to our roadway,
be unattractive and would only serve the "fly by" commuters from Hwy 169. It would NOT
enhance our neighborhood. Our nearby neighborhoods and the entire senior complex across
the street from this property would welcome and benefit from a restaurant, bank and/or coffee
shop. A dining/meeting spot would be a welcome addition to our SE section of the Eden
Prairie community.
My husband will be attending the meeting on June 14 and we ask that you and our City
Planning Commissioners wait for the right development in this property and work with us all
in this area to enhance our neighborhood experience.
Very Sincerely,
Jennifer Scott
John Perszyk
10252 Normandy Crest
Eden Prairie, MN 55347
612-240-6023
From:Jordan Lippitt
To:Beth Novak-Krebs
Subject:Gas station proposal - Hennepin Town Rd
Date:Tuesday, June 1, 2021 1:04:07 PM
Hi Beth,
I am writing to express my concern with the proposed location of the gas station at Hennepin Town Rd and Pioneer Trail.
I live in the Bluff County Townhomes on Belmont Ln and Hennepin Town Rd, about a block away from the proposed site.
The proposed location has the potential to create an enormous traffic bottleneck.
Especially during rush hour on Hennepin Town Rd traffic sometimes backs up halfway to Anderson Lakes Pkwy.
My desire is that the gas station is not allowed here.
There is insufficient ingress/egress in this neighborhood to handle the extra traffic without sufficient modification.
Thanks,
Jordan
Jordan Lippitt | Electrical Project Engineer | Williams AV, LLC | 952.224.7729 | jordanl@williamsav.com | williamsav.com |
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From:Julie Klima
To:Beth Novak-Krebs
Subject:FW: Proposed gas station at Pioneer/ Hennepin
Date:Thursday, June 10, 2021 3:24:54 PM
Hi Beth – here is another one for you.
From: Kate White <katewleedrive@gmail.com>
Sent: Thursday, June 10, 2021 3:12 PM
To: Julie Klima <jklima@edenprairie.org>
Subject: Proposed gas station at Pioneer/ Hennepin
Hi,
I have lived off Pioneer/ Hennepin since 1999.
Watched the traffic grow to an unrealistic and dangerous amount during this time. I have hadto drive to and from work on Hwy 169 south of 494 for 21 years.
It is simply insane. The reconstructing of the interchange at 494 and 169 has only hindered the
intended progress.
The frontage road is a rush hour nightmare during 3-6:30 M-F. A vehicle moves very slowfrom Jerry's to Pioneer Trail due to the off loading from Hwy 169.
Pioneer or Hennepin were not designed for the current car or truck deluge occurring. Having a
gas station at the corner will not enhance a nice area, it will have the opposite effect.
The stop lights also pose quite an issue. One can sit on Bloomington Ferry Road heading westto go south on 169 for a period of time. This blocks vehicles back tracking to avoid 169 at
Bloomington Ferry and Pioneer.
So now there will be greater traffic congestion east of the 169 bridge on Pioneer. Has anyonelooked into this?
169 simply cannot handle the traffic let alone Pioneer Trail/Hennepin.
Then bring in the noise, gas, pollutants, the large trucks delivering the fuel, sounds from
mechanical instruments used in repair, congestion in the lot.
There are many safer, efficient, productive, entities that can be part of the pleasing landscapeEPrairie has come to know. A Holiday Station is not one of them.
Kate White
From:Julie Klima
To:Beth Novak-Krebs
Subject:FW: Gas station/repairs etc to be launched at Henn/Pioneer
Date:Thursday, June 10, 2021 3:01:43 PM
Hi Beth – for follow up and filing.
Thanks - Julie
From: Kate White <katewleedrive@gmail.com>
Sent: Thursday, June 10, 2021 2:52 PM
To: Julie Klima <jklima@edenprairie.org>
Subject: Gas station/repairs etc to be launched at Henn/Pioneer
Hi Julie,
I had asked Beth Beutell if it is a Kwik trip going in there and she said no, Holiday.
She wanted my question added to the packet for Monday if possible.
Thanks, Kate WhiteNeighbor to Beth.
From:KATIE M ASLESON
To:Beth Novak-Krebs
Subject:Holiday Gas Station Proposal - Hennepin Town Road/Pioneer Trail
Date:Monday, May 24, 2021 7:22:16 AM
HI Beth,
My name is Katie Asleson and I live in the Bluff Country Village townhome community
directly on the corner that the Holiday Gas Station and Auto Repair is being
proposed.
I am HIGHLY against this project - in fact it makes me sick to think about it. The
impact to our neighborhood would be disastrous.
The amount of traffic and noise it will bring ALL DAY LONG is unfathonable. When
this development was built, this was not what we told was slated to be developed on
that corner. It was to be high value apartments over retail and a very neighborhood
friendly corner. I do not care for the value of my home to decrease as they are high
value townhomes, nor to I care to listen to the case station AND auto repair
constantly for endless hours every day. I would think you, also, would not care for a
high traffic, noisy gas station and auto repair literally in your backyard.
Crime will also likely increase. Gas stations can be a target and criminals will often
look to hit locations with a speedy exit. This would be a fantastic target for them,
which could also lead to increased crime within our development. It currently is a
quite, safe neighborhood and this development would change all of that.
I also have found it extremely hard just to get to be able to get to my home pre-Covid
as many would use Hennepin Town road to surpass the 169 South backup. In bad
weather, I have had to wait an hour on Hennepin Town road to reach the entrance of
my development. This is the only option we have. There is no other entry on any
other side of the development. Traffic levels are again now increasing and I see that
going back to what it was. Too add a high level traffic gas station on top of that so
close to our development is insane.
The intersection of Hennepin Town Road and Pioneer Trail is already extremely
dangerous. I often walk in the evenings with my friend who lives in the neighboring
Sherwood development and her dog. We have almost been hit multiple times by
drivers FLYING down Pioneer Trail at highway speed who are apparently oblivious to
the stop light and blow right through it. We would not have survived. It's only a
matter of time that this area becomes deadly. This project would increase those
odds. This, by the way, happened in 2020 when there was less traffic due to Covid.
I am not against development on this corner but believe it needs to fit the
neighborhood. This does not. It brings no positive value to the community and would
only devalue and add to the negative issues we currently deal with.
My contact information is:
Katie Asleson
9827 Belmont Lane
(507) 382-0575
Thank you,
Katie Asleson
From:Lauren Carter
To:Beth Novak-Krebs
Cc:LeeAnne_Clauer
Subject:New development
Date:Monday, May 24, 2021 3:19:11 PM
Hello,
I am extremely disappointed at the proposal for the new gas station within 500 feet of my home. This developmentdoes nothing for Eden Prairie residents including myself. The letter sent out by the developer is full of inaccuraciesand mistruths. I live in a town home community and my association fees pay for our private roads. The increase inpollution, traffic, light, sound and transient individuals will significantly decrease our property values and you willbe hard pressed to find anyone who supports this proposal. The report recently sent does not mention that traffic willuse Belmont Lane to enter and exit the mall through the Breezy Way entrance/exit. This "oversight" is unacceptable.We still do not have an exact location for the new entry. Is Eden Prairie going to listen to any of its citizens’concerns on this development? It’s absurdly close to our townhomes and I consider having a gas station this close tomy front door unacceptable.
Lauren CarterAME Community Services, Inc.Program DirectorCell: 763-218-1170lauren@amecommunity.com
From:lisa stankiewicz
To:Ron Case; GRP-AllCouncil; rep.carlie.kotyza-witthuhn@house.mn
Cc:Beth Novak-Krebs
Subject:Hennepin Town Road & Pioneer Trail Proposal Opposition
Date:Wednesday, May 26, 2021 7:05:50 AM
To Mayor Case, Rep. Kotyza-Witthuhn, and all Eden Prairie City Council members,
I'm writing to express my adamant opposition to a Holiday Auto Care World and gas station
proposal for the corner of Hennepin Town Road and Pioneer Trail. I am currently a Kindergarten
teacher with Eden Prairie Schools, and former Little Eagles teacher. I moved to Eden Prairie with
my husband and daughter in 2014 and have loved living here. We have great neighbors and a
wonderful community. We live within 500 feet of the building site where the proposed Auto-world
and gas station would be built and feel very strongly that allowing this gas station to be built would
have a HUGE negative impact on the community that we love and live in. NO ONE in the
immediate area is in favor of this development and if the city moves forward with this project it is
proving to hundreds, if not thousands, of tax paying residents in this area that Eden Prairie cares
more about profit than it does about it's residents.
Here are the main reasons why I, my family, and ALL of our neighbors are against this project...
1. SAFETY (PHYSICAL & ENVIRONMENTAL)... It's a fact that living near a gas station increases
exposure to cancer-causing chemicals (ie: benzene), fumes and risk of groundwater
contamination... not to mention increases light, sound & air pollution all-day & night which would
decrease the quality of life in the neighborhood and make it potentially dangerous to live here.
Having increased transient drivers and visitors coupled with a late hour gas station/convenience
store also increases the risk of CRIME. This is especially concerning since Kinderberry Hill is
right across the street and having children outside playing on the playground next to gas
station fumes and increased traffic/potential crimes is unacceptable.
2. TRAFFIC... this area already sees massive traffic issues at rush hour. This development would
only increase the traffic making it dangerous for the many people, families, children and pets
that walk, bike and scoot past this site daily.
3. UNNECESSARY... there are plenty of other gas stations, convenience store AND collision
repair centers within a less than 2 mile radius... we don't need or want any more
I love my community, love living in Eden Prairie, and love my home. When making a decision on
this proposed development please consider how you would feel if YOU lived within 500 feet of it...
would you want to live next to a gas station? Would you want your kids to be exposed to
all the dangerous fumes and chemicals EVERY TIME they play outside? Would you want
your kids and pets to have to navigate a busy parking lot and traffic EVERY TIME they go
out for a walk or bike ride or are walking home from their bus stop? If the answer to ANY of
these questions is "no", then PLEASE do not allow this development to move forward.
As I said, I love my home and community and if this project moves forward, my family is prepared
to sell our home and leave Eden Prairie in search of a city that will value the well-being of its
residents.
Thank you for listening and for considering your residents in this decision making process.
Regards,
Lisa Stankiewicz
Lisa Stankiewicz
(203) 446-7088
LSTANK30@gmail.com
From:Marlene Lawson
To:Beth Novak-Krebs
Subject:Proposed building of two businesses on the corner of HennepinTown Rd and Pioeer Trail
Date:Tuesday, June 8, 2021 12:56:25 PM
I would like ask you to invite Congressman Phillips to the public meeting
on the 14 June date as I believe our rights are being infringed uponby the type of business that may do harm to the neighbors of this area ..
It is one thing to allow a. building that houses professional persons and another thing thatallows for unsightly and dangerous products that may be emitted from these kinds of
businesses. If you look at the location of other Holiday stations, you will find them on major highways not
in close proximity to private housing, child carefacilities, or neighborhoods that house the elderly. They are brightly colored buildings in red,
white, and blue to attract attention. They have lights that are on at all hours, and they have theability to pollute the air,
eventually the ground water with oil and gas spills. Tell me if you would like your children tolive anywhere near these contaminents.
In this age of climate awareness, it seems possible that a State of Minnesota environmentalstudy is necessary to point out to all concerned that it is a bad idea by the City of Eden Prairie
to allow this happening to our citizens. My parents lived in Eden Prairie when there were still pumpkin patches on vacant lots.
Maybe a small park, like the one on Cahill Rd. in Edina,would be a better use of the land.
Thank you for doing your job, but do so in good faith to the beauty of our city and the health
and welfare of our human family.
Marlene Hecker Lawson9726 Belmont Lane
Eden Prairie, MN 55347
From:Maureen Tanis
To:Beth Novak-Krebs
Subject:Proposed Holiday Station
Date:Monday, June 7, 2021 8:37:49 PM
Dear Ms Novak-Krebs,
We are residents of Bluff Country Village, and we live at 9802 Belmont Lane, in EP. We are extremely concerned
about the proposed service station/auto care center for Henn Town Road. The developer has been intentionally
vague about the north entrance/exit from the proposed development onto Breezy Way in our neighborhood. Breezy
Way is a private road which we maintain through our Homeowners Assn. The additional traffic produced by the
proposed driveway would unduly burden our private road all to our expense. Any entrance or exit needs to be onto a
public road, if this project is to be allowed. As a general matter, this project will de-value our property value and
increase noise, congestion and light pollution in our neighborhood. We are strong opponents of this project and will
resist this in any way we can. Thank you. Maureen and Paul Tanis
Sent from my iPhone
Ron & Michelle Veith
9691 Belmont Lane
Eden Prairie, MN 55347
May 19, 2021
To: Eden Prairie Planning Commission
Subject: Proposed Holiday Convenience Store & Auto Care World Service Center
Our Bluff Country Village Condominium unit is located across from the current commercial building, with
Breezy Way being the road running between the two properties. We have concerns regarding the
proposed development. In particular, the affect it will have on the traffic flow on Hennepin Town Road
and specifically, the entrance/exit to the new development from Breezy Way.
At the most recent site meeting with the developer, this entrance was described as having been
required by the city for an emergency exit should the main entrance be blocked. In talking with the city
planner, we learned that in fact, it is a second public entrance/exit to the proposed business
development. Concerns that we would like the Planning Commission to consider include:
• Breezy Way is a road with heavy foot and resident vehicle traffic, with children going to and
from the school bus stop.
• Customers exiting at Breezy Way turning left, will be able to loop around Bluff Country Village
homes to get to the Belmont Lane Exit at Hennepin Town Road.
• Southbound traffic on Hennepin Town Road frequently backs up north of Belmont Lane.
Customers of the gas station can bypass the traffic and loop around Belmont Lane to enter at
Breezy Way.
• This business traffic will have access to the private streets of Bluff Country Village, which are
paid for and maintained by the owners.
• Will service and delivery vehicles be able to access businesses via the proposed Breezy Way
entrance?
• What options are there to limit the business traffic through Bluff Country Village and its private
road?
• The existing business trash enclosure is located across from our unit. The steel doors are
frequently left unlatched, catch in the wind and results in a screeching noise at all hours. Trash
pickup is 3-4 times a week and brings additional noise. The proposed trash enclosure is to be
located west of the current one and has the potential to double the noise. The design and
building materials for the proposed trash enclosure should address noise reduction.
• The overall noise from Auto Care World is a concern, despite the mitigation plans outlined by
the developer.
Thank you for your consideration.
Michelle & Ron Veith
Good Evening All
My name is Mudzingwa Mhiripiri and I live right off of Shadow Pond Drive in the cul de sac West of the
townhomes with my wife Ebony and have for 9yrs now. We are literally within walking distance to the
location of where this gas station is being proposed. A sidewalk goes in between the townhomes from
our house and a pitching wedge would get a golf ball there no problem.
The neighborhood is quiet and our boys finished up high school in this wonderful area prior to going to
college, graduating and no being on their own. We love that we are so close to access to 169 off of
Pioneer & Juniper and yet you cannot really feel how busy that corner currently is.
It would be a mistake to put a gas station on that corner, bringing in way more traffic to a corner that
experiences rush hour from and to 169 via Pioneer and the frontage road. We have a gas station within
a mile of this location already, Speedway off of Anderson Lakes and we most certainly do not need
another one across from a daycare and a Walgreens. This would be environmentally unfit for this
location, unfit for safety reasons with an additional entrance/exit for the gas station, for the
kids/parents who go to the daycare right across the street and the already enhanced elderly population
with the senior living home kitty corner to this.
I am a part-time/volunteer Fire Fighter for Eden Prairie that responds frequently to calls at the senior
living home and the added volume and traffic of people coming in and out of a gas station, people
stopping who do not live in this community and most certainly increased crime that gas stations do bring
would make this a busy corner for our staff as well, an added but most certainly unwanted business on
this corner in my opinion.
As far as property values are concerned, this would hurt our property values in this vicinity. Many folks
in the neighborhood walk the sidewalks around that street corner daily as it is relatively quiet and can
be done. I would assume an entrance/exit would be created on the North side of Pioneer in between
Hennepin town and Juniper which would really damper people wanting to take leisurely walks with the
increased business in that area.
I and I know my wife is with me, do not support this monstrosity on this corner now or any time in the
future. There are many other business that could be chosen for this area suitable for that corner and a
gas station is not one of them. Feel free to call me directly with any questions (651) 343-5110 and
appreciate your receptiveness!!
From:Patricia Maher
To:Beth Novak-Krebs
Subject:Ryan Development
Date:Tuesday, June 8, 2021 1:56:17 PM
Dear Ms Novak-Krebs,
I’m writing again with comments for the June 14th meeting. This one concerns Mike Shofner and his commitment
to maintenance.
Last Sunday I drove to Fridley to see how Mike Shofner’s former gas station and car repair looks now. The owners
of homes, located 70 feet from and supported by a 10 foot retaining wall into a15 foot hill, might look to his former
business as an example of his reliability. If he is required to maintain the “land alteration” Ryan plans, we are in
trouble.
The gas station and car repair is located on Highway 65 with other like businesses. There is not a single leaf of
green nor residence in sight. Maintenance is minimal. The buildings need paint, are well used but not decrepit.
However the parking area is; it’s full of cracks, bumps, and displaced pavement. A rusted motor home, with a cord
running into the car wash, appears to be lived in. I’m assuming it might be a security person. Will this be our
welcome to Eden Prairie in the near future?
We have just started to come out from a troubling Covid-19 year. And we still don’t know what the “new normal"
will bring. This development is opposed by so many people for so many reasons. Wouldn’t it make sense to
postpone developing one of the last open areas in the city until we see what businesses will prosper?
Patricia Ryan Maher
From:Patricia Maher
To:Beth Novak-Krebs
Subject:Ryan development
Date:Monday, June 7, 2021 3:59:51 PM
Ms Novak-Krebs,
Please include this in the packet you will send to the Planning Commission for their meetingJune 14. I have spent some time reading and researching the Staff Report on the Ryan
development. I find that not only is the neighborhood point of view is missing, but thedeveloper is putting his words in our mouths.
It is missing because the neighborhood meetings were deliberately held so no one would
attend. The developer brought shelter for only his people; neighbors were out in the blizzardsocially distancing 6 feet apart. Over the din of traffic we heard that “this is a done deal, don’t
object”. So any reason why 10 people attended the third meeting? And the developer'sopinions he says our ours. His dishonesty should be a red flag to doing any business with him.
NEIGHBORS WANT YOU TO CONSIDER:
The Ryan development for a 24 hour & 16 pump gas station, a car wash, a convenience store, a 10 bay auto repair shop, and 50 parking
spaces for cars needing repair is NOT appropriate use of this site.
This area is zoned Neighborhood Commercial. It says that the area should be developed with service establishments that residents of
the immediate neighborhood want and that it should have no adverse impact on the adjoining residents.
In the petition you received 423 residents don’t want it. This is many more citizens than just those who will be directly affected. Those
adjoining residents will be impacted by 24-hour lights, noise, smell, chemical usage, traffic, and usurpation of roads used to enter, leave
and get around their property.
1. Waivers
In their desire to shoe-horn a development that is too big for the site, the recommendation is to circumvent the City Code for lot size,
lot width (-20%), parking set back and parking islands size.
We are in this predicament as a result of waivers granted to the first developer of this parcel (Wooddale) regarding parking, traffic
patterns and set back for Bluff Country Village, a multiple unit development.
2. Landscaping and Tree Replacement
Screening Neighbors: No map will indicate how precariously located are surrounding homes and roads. The west edge is a Steep Slope.
Six family homes are located close to the edge and overlook the parcel. They will have nothing to say about screening. Any plantings
would be on the developer’s land, a very narrow ledge before the drop off.
Parking Islands: Their purpose is to break up large expanses of pavement and provide shade and green, according to Ms Novak-Krebs.
Ryan wants to reduce their size and put in ornamental grasses. Grasses aren’t green or shady.
Trees: This report says Ryan will try to save the heritage trees. It is unclear whether they will do anything to replace what appears to be
clear cutting the site. This parcel required replacing 904 caliper inches (which they reduced to 705 inches). In place of the required trees,
Ryan will give a “payment in lieu”. Ms Novak-Krebs says that money will be used to plant trees in city parks. This has now become an
asphalt park with some ornamental grasses. Classy!
3. “Land Alteration”
In the staff report, the developer’s retaining walls into the west side hill are called “Land Alteration”. They will be as high as 10 feet.
This hill supports the homes on its top. The city will be released from maintaining it. The report says the developer will maintain it.
How? Ryan will leave as soon as it’s built. What part of this says this will benefit none but the developer?
4. Access and Traffic
For 20 years the city of Eden Prairie and the residents of Bluff Country Village believed the Village owned the semi-circular driveway
leading to their homes. Now we find that some duplicitous person concealed the boundary lines along with a grant of access to a large
part of that driveway. (I tried to get the plat maps but was denied because I don’t own all of it; I pay for it though.) Since the access is up
that steep slope, I’m assuming the 10 foot wall (which no one is responsible for maintaining.) will be used to lower the steepness of that
driveway. Then Breezy Way will need to be adjusted to suit the development’s right-of-way. This means Ryan is subjecting 94 residents
to a single access point. Now the Village not only has no voice in the use of their entrance/exit, they are forced to SUBSIDIZE a
development which they do not want.
If you think that traffic waiting on Hennepin Town Road will not use Belmont Lane to bypass wait times, you don’t know people. And
you should consider that delivery trucks (gas tankers) will use Belmont to make a much easier right turn into the “secondary access”
driveway. Secondary? This will become the major driveway as the other access is hard to use, especially when they plan to eliminate left
turns. In so many ways this is accident waiting to happen.
5. Police Calls
With easy access to freeway getaway, what thief wouldn’t find this a perfect spot. Look at the reports on how vulnerable convenience
stores are for robbery.
The auto repair shop wants 50 parking places which they say are needed for loaner cars and cars in for repair. This is possibly 50 cars
sitting in an open parking lot. This is an invitation to mischief makers.
So how long before the owner would build an unsightly fence/wall around it. (And would they need guard dogs too?)
What would that do to the people whose homes would again be violated? Not to mention the need for extra police.
SUMMARY
I realize you are under some pressure to develop this corner. However this not not an appropriate use of this parcel for these reasons:
1. Not Wanted - At this writing 423 petition signers feel this is not an appropriate development
2. Zoning - This does not fit the definition of “Neighborhood Commercial”
3. “Land Alteration” - This is so severe that it requires 125% bond. A large retaining wall will be built into the Steep Slope that
supports homes and roads; no one will responsible for maintenance.
4. Size - The amount of waivers indicates that this project is too large and inappropriate for the parcel
5. Plants - So many green plants will be cut down and not replaced that asphalt will be the only thing seen.
6. Pollution & Subsidizing - 94 homes that overlook this site will be subjected to 24 hour lighting, noise, smell, chemical release,
no screening and major use of their roads. They will then be forced to pay for upkeep and maintenance for a shared
development.
7. Crime - This wide open convenience store and car business area with easy freeway access is an invitation for crime.
From:Julie Klima
To:Beth Novak-Krebs
Subject:FW: Concerns regarding the Gas Station & Car Service (Auto World) in EP at Pioneer Trail & Henn. Town Rd
Date:Thursday, June 10, 2021 1:15:17 PM
Hi Beth – for follow up and filing. Thanks!
From: pgherity@aol.com <pgherity@aol.com>
Sent: Thursday, June 10, 2021 12:55 PM
To: Julie Klima <jklima@edenprairie.org>
Subject: Concerns regarding the Gas Station & Car Service (Auto World) in EP at Pioneer Trail &
Henn. Town Rd
Hi Julie,
My wife and I just moved into Eden Prairie (Bluff Country Village Town Homes) in November 2020 from
Burnsville. We love the area with all the beautiful trees, parks, lakes, etc.
We were disappointed to hear that the City (EP) is looking to put a Gas Station and Auto Service right
next to our town home development. We plan on being at the Planning Commission open Forum on
Monday June 14, but I wanted to send a few of our concerns based on the Development Plan notice from
the EP Planning Staff. Just wanted to make sure that these concerns of ours and also those of other
residents that will attend the Forum are addressed.
We have concerns with all of the Waivers that are being requested for this development and the negative
impact that these variances will have on our neighborhood. In particular, two of the 5 waivers asked for
involve waiving a lot size requirement of 200 ft when the area is only 160 ft. Also, waiving the requirement
of a 10 ft setback when the developer is asking to reduce it to 2.5 ft
Our concern with these 2 waivers is it moves the removes the Buffer Zone of trees, bushes and hill which
separates the neighborhood from exposure to the lights, noise, fumes, etc of a 24 hour gas station. The
Buffer Zone also supports the road (Bridgehill Terrace). Also, we are concerned that the 10-15 ft high
retaining wall planned to support the wall of dirt left after removal of the Buffer Zone is too close to the
road and therefore is not structurally able to adequately support the Bridgehill Terrace road and the cars,
moving trucks and delivery trucks which use it. We are also concerned about the kids in the
neighborhood who play and walk along this high wall.
We have concerns regarding the mention of easements for access to both Breezy Way and Bridgehill
Terrace. These are private roads which have been exclusively and continuously used and maintained
solely by residents of Bluff Country Village Townhomes. If driveway access is granted to these roads it
will significantly increase traffic on these private residential roads on which our neighborhood kids play.
We have concerns as well about the gas station and the 3 planned underground gas tanks and all of the
gas pumps. We have safety concerns duke to gas fumes & spills and toxin exposure, including Benzene
(a know carcinogen), which even trace exposure can result in health risks.
These tanks, even though possibly designed to meet City standards, do in-fact leak eventually and pose
a risk to the ground water, purgatory creek and the river valley wetlands, just to our south.
We believe there should be an Independent Environmental Impact Study done to assess the risks to the
Bluff Country Village residents and to the Local Environment.
Sincerly,
Paul Gherity
From:Beth Novak-Krebs
To:Heieie, Andrew
Subject:RE: Pioneer Trl & Hennepin Town Rd
Date:Monday, April 19, 2021 12:13:00 PM
Attachments:image001.png
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I cannot say for sure when it will go to Council for the Second reading. The Council only meets once
a month during the summer. The meeting date in July is the 13th and the meeting in August is the
17th.
Best Regards,
Beth Novak-Krebs, AICP
Senior Planner
City of Eden Prairie
952-949-8490
bnovakkrebs@edenprairie.org
From: Heieie, Andrew <Andrew.Heieie@colliers.com>
Sent: Monday, April 19, 2021 12:09 PM
To: Beth Novak-Krebs <bnovakkrebs@edenprairie.org>
Subject: RE: Pioneer Trl & Hennepin Town Rd
Thank you Beth. If it stayed on this schedule, when would the 2nd Reading for Council be? July 6?
Andy HeieieAndy.Heieie@colliers.comDirect: 952 897 7816 | Mobile: 612 910 2212
From: Beth Novak-Krebs <bnovakkrebs@edenprairie.org>
Sent: Monday, April 19, 2021 11:47 AM
To: Heieie, Andrew <Andrew.Heieie@colliers.com>
Subject: RE: Pioneer Trl & Hennepin Town Rd
Hi Andrew,
This project is tentatively scheduled for the May 24 Planning Commission meeting. The Council
meeting would then be on June 15, 2021.
Best Regards,
Beth Novak-Krebs, AICP
Senior Planner
City of Eden Prairie
952-949-8490
bnovakkrebs@edenprairie.org
From: Heieie, Andrew <Andrew.Heieie@colliers.com>
Sent: Monday, April 19, 2021 9:51 AM
To: Beth Novak-Krebs <bnovakkrebs@edenprairie.org>
Subject: RE: Pioneer Trl & Hennepin Town Rd
Hi Beth – I hope you’re well. As it has been a few months, I wanted to check back in on this
development. Are they scheduled to go in front of PC and CC?
Thanks!
Andy HeieieAndy.Heieie@colliers.comDirect: 952 897 7816 | Mobile: 612 910 2212
From: Beth Novak-Krebs <bnovakkrebs@edenprairie.org>
Sent: Tuesday, January 19, 2021 8:27 AM
To: Heieie, Andrew <Andrew.Heieie@colliers.com>
Subject: RE: Pioneer Trl & Hennepin Town Rd
Hi Andrew,
Mike/RJ Ryan submitted their application on January 11. City staff is in the process of reviewing the
application for completeness. Once the application is considered complete, it will be scheduled for a
Planning Commission meeting. The City has until February 3, to provide the applicant with a letter
stating whether the application is complete or incomplete and providing comments. The application
will have to go before the Planning Commission, The City Council for a 1st reading and then the City
Council for a 2nd reading. You are welcome to keep touching base to find out the status of the
application.
Best Regards,
Beth Novak-Krebs, AICP
Senior Planner
City of Eden Prairie
952-949-8490
bnovakkrebs@edenprairie.org
From: Heieie, Andrew <Andrew.Heieie@colliers.com>
Sent: Monday, January 18, 2021 8:24 AM
To: Beth Novak-Krebs <bnovakkrebs@edenprairie.org>
Subject: RE: Pioneer Trl & Hennepin Town Rd
Hi Beth – I wanted to circle up with you as it relates to Mike’s application and upcoming hearing
dates. Can you please confirm the following:
- Mike/RJ Ryan submitted their application on January 8th?
- Planning Commission meeting date?
- City Council meeting date?
- Any other meeting dates that will be required?
Thanks so much!
Andy
Andy Heieie
Senior Vice President
Land & Investment Services
Direct +1 952 897 7816 | Mobile +1 612 910 2212
Andy.Heieie@colliers.com
From: Beth Novak-Krebs <bnovakkrebs@edenprairie.org>
Sent: Wednesday, December 2, 2020 11:01 AM
To: Heieie, Andrew <Andrew.Heieie@colliers.com>
Subject: RE: Pioneer Trl & Hennepin Town Rd
Hi Andy,
We have not received a formal application from Mike just yet. I am not sure when he intends to
submit his application. Once a complete application is submitted, it typically takes 120 days to get
through the approval process. If he submits an application this month, it would likely go to the
Planning Commission in January or February.
Best Regards,
Beth Novak-Krebs, AICP
Senior Planner
City of Eden Prairie
952-949-8490
bnovakkrebs@edenprairie.org
From: Heieie, Andrew <Andrew.Heieie@colliers.com>
Sent: Wednesday, December 2, 2020 10:29 AM
To: Beth Novak-Krebs <bnovakkrebs@edenprairie.org>
Subject: Pioneer Trl & Hennepin Town Rd
Hi Beth – I just left you a voicemail as well.
I represent the Seller of the land across from Walgreens. Mike Shofner I believe has been working
with you on his application and I am just curious as to where this is at currently, when Mike intends
to submit his application, and when he will likely be in front of Planning Commission and City
Council.
Thanks for all your help on this!
Andy
Andy Heieie
Senior Vice President
Land & Investment Services
Direct +1 952 897 7816 | Mobile +1 612 910 2212
Main +1 952 897 7700
Andy.Heieie@colliers.com
Colliers International | Minneapolis-St. Paul
1600 Utica Avenue South | Suite 300
St. Louis Park, MN 55416 | United States
www.colliers.com
From:Julie Klima
To:Beth Novak-Krebs
Subject:FW: FW: Proposed Auto Repair shop and Gas Station, Eden Prairie Planning Commission
Date:Thursday, June 10, 2021 11:55:39 AM
Hi Beth – please see below for response and filing.
Thanks - Julie
From: ron.szarzynski@gmail.com <ron.szarzynski@gmail.com>
Sent: Thursday, June 10, 2021 11:08 AM
To: Julie Klima <jklima@edenprairie.org>
Subject: FW: FW: Proposed Auto Repair shop and Gas Station, Eden Prairie Planning Commission
Hi Julie, below is an updated concern list.
Thanks, Ron Szarzynski
Our neighbors are concerned about this project:
· Increased traffic coming from 169 into the area, reducing accessibility to walkers crossing
Pioneer Trail, creating safety risks, and congestion in this area
· Increased traffic along Hennepin Town Road
· Increased noise, sound from the Car wash, 10 Car Repair Bays
· Bright lights / light pollution from the gas station signage and car repair signage
· Unsightly view for your residents on the North and west side of your building who will
now face the Gas station complex. (and for all of us travelling past this area
Also where does the gas go when someone overfills their tank?
What happens as Electric cars continue to grow in use per many car manufacturers
mandates?
· Concern for potential ground pollution from the gas tanks they would be putting into the
ground.
This is our point of view, and we hope there is a shared concern from your position.
If you are able to attend the Planning Commission Meeting:
June 14, 7pm
City Council Chambers, 8080 Mitchell Rd.
If you have questions or would like to talk through the project prior to the Commission meeting, I
am available in person, by Zoom or phone.
Thanks Katie!
Beth Beutell
612-964-8073
From:roselee wondra
To:Beth Novak-Krebs
Subject:proposed Holiday station
Date:Sunday, June 6, 2021 12:02:51 PM
Greetings,
I will out of town on the rescheduled meeting date and felt mandated to share my opposition to the proposed plan.
I live within the townhouse development adjacent to the proposed Holiday and auto care center. Sending my voice
of deep concern and request for transparency, clarity and reconsideration of this proposed plan.
Reasons:
This greatly impacts our neighborhood traffic and safety. There are children living in this small neighborhood with
school bus stops at the Breezy Way and HTR entrance. Families gather there to pick up their children.
Traffic gets backed up along HTR as cars exit the backed up highway 169; experience this occurring now as Covid
restrictions are lifted.
There is a curve prior to the north entry point into Bluff Country development which is a traffic hazard in itself.
Increased traffic on HTR will be increased
Any assessment of it’s impact of traffic along HTR and Pioneer Trail must be done to the pre-covid levels.
My Concerns:
-Neighborhood safety.
-Safety for those entering and existing the Child care center. This is busiest during rush hour; same time as HTR
Level increase.
-There needs to be full disclosure on the Breezy Lane usage, road development and maintenance
-There needs to be full disclosure on the future of turning lanes from Walgreens and the mall exit. This impacts
traffic in the area and within Bluff Country.
There needs to be agreement between the developer/city/ homeowners association on street access, upkeep, snow
removal IF this proceeds.
-More information needs to be shared on an easement for the development property to use Bridgehill Terrace.
-Noise levels with a large auto repair site nearby.
There indeed may be local interest and a “need’ for a gas station. Needs vs wants are to be discussed. Some
individuals would like one every block; there is one 1. 6 miles away. A Kwik Trip is frequently mentioned as being
wanted; but NOT a Holiday station with a large auto care center.
This does not “enhance" the area but rather brings more traffic congestion, increases pollution levels and is
unnecessary.
Thank you for your review and reconsideration.
Roselee Wondra
9752 Belmont Lane
EP
From:Sam Rahmani
To:Beth Novak-Krebs; Jay Stankiewicz
Subject:Gas Station Proposal on Hennepin Town Road
Date:Saturday, May 22, 2021 1:48:28 PM
Hi Beth
I live at 10093 Juniper Lane. I am emailing regarding the construction of a gas station on
Hennepin Town Road.
I emailed regarding this plan before and I did not hear back I believe you were out on PTO
I live near this proposed construction and totally against it. it meets no need of mine as a
neighbor. we already have two gas stations nearby. plus, it will attract a lot of unwanted
noise and traffic from outside of Eden Praire from HWY 169. I do not see any advantage to
this gas station. I believe there was a plan to have a gas station couple year ago and it was
rejected so I am not sure why we are still considering a new plan for a gas station
your response is appreciated.
regards
sam rahmani
763-401-0678
From:Sheilah L
To:Beth Novak-Krebs
Subject:My address: 9783 Belmont Lane, Eden Prairie, MN 55347
Date:Wednesday, June 2, 2021 7:21:13 AM
Hello, I am against having the Holiday Gas Station and Auto Care World in my neighborhood.
Please do not let them do this. It is very dangerous to have this so close to our neighborhood.
Maybe you should build some affordable housing on that corner instead.
Sheilah Lundin
952-240-7328
9783 Belmont Lane
Eden Prairie, MN 55347
From:Steve Helgesen
To:Beth Novak-Krebs
Subject:Holiday project
Date:Monday, June 7, 2021 8:52:27 PM
Ms. Novak-Krebs.
Just a follow-up note regarding this proposal that has our neighborhood up in arms.
I just read the memo from Jerry Maher regarding his research into the distance issueconcerning gas stations and residential property. I doubt that Jerry is too far off onthis. It just makes sense that a reasonable amount of distance would be obviously
appropriate. Don't want to re-litigate this issue again, other than voice my strong
opinion that this should be voted down. Thanks for taking time to read this. Steve Helgesen
9702 Belmont Lane
Eden Praire
From:Stew Anderson
To:Beth Novak-Krebs
Subject:late-night gas station
Date:Wednesday, June 2, 2021 10:07:29 AM
Beth:
We have 10+ gas stations within 5 miles of this proposed
project. The trend is away from gas and toward embracing e-
vehicles. Just an update.
Please cease with this exceedingly-unwanted project in our
neighboorhood.
Thank you.
Stew Anderson
From:Tara Christensen
To:Beth Novak-Krebs
Subject:Holiday convenience store and auto care world
Date:Monday, June 7, 2021 4:14:58 PM
I am writing this email to express my concern and opposition with the city of Eden Prairie’s plan to allow a gas
station and service center at Pioneer Trail.
I have been a resident of Eden Prairie and lived at Bluff Country village for the past 15 years. The city’s proposalfor this gas station has a negative impact to those of us living here and paying taxes to this community. I feel the cityis trying to push this proposal through without considering the impact to the homeowners.
Why would the city agree to multiple waivers to City Code? These city codes are in place for a reason and as a taxpayer I asked that the below waivers are not granted for this proposed development.
City code requires a minimum lot size of 2 acres in the Neighborhood Commercial Zoning District. The proposedlot for the auto service garage is 1.84 acres not meeting the required city code.
City code requires a minimum lot width of 200 feet in the Neighborhood Zoning District. The proposed lot width forthe auto service is 160 feet wide not meeting the required city code.
City code requires parking lot islands to have an area not less than 160 square feet. The plan includes two parkinglot islands that are 120 square feet not meeting the required city code.
City code requires a 10 foot parking setback from side and rear lot lines. With this proposal parking is 2.5 feet fromthe side lot line and for the parallel parking stalls on the north side the stalls are 5 feet from the property line notmeeting the required city code.
City Code requires the fueling pump canopy to be located behind the building and away from adjacent residentialarea and proposal is to allow the fuel pump canopy to be located in front of the building not meeting required citycode.
City code also requires the fuel pump canopy to be connected to the primary structure and proposal once again doesnot meet required city code with canopy being separate from structure.
City code also requires building and pump canopies to have peaked roofs. This proposal is not meeting this requiredcity code and please note none of the gas stations in Eden Prairie have pinched roofs.
The fact that this proposal does not meet MULTIPLE city codes should end this development proposal. I reallydon’t understand as a member of this community how this proposal is still being considered?
When I walk in my community every day I see a sign that says Tree City USA, but I see in the staff report documentthat the city is supporting giving this development a waiver to not meet the 705 caliper inches of replacementrequirement of 904 and make a payment in lieu.
This business does not belong in this location due to simply not meeting city codes. These codes are put into placefor a reason and if the city moves forward with this development you have granted multiple waivers for guidelinesthat the city put into place to be followed.
The idea of this development should have ended with MULTIPLE city codes not being met, but it seems my otherconcerns as an EP resident need to be shared to stop this from moving forward:
Concern for increased traffic, we already have traffic issues and I can have to wait for extended periods of time to beable to turn home into my community. Concern for entrance on our communities private street that we pay
maintenance for. This private street should not be used by the gas station.
Environmental concerns of gas tanks and gas trucks in our neighborhood and removal of trees. Was an
environmental study done by the city?
Decline in property values as a gas station and car service center do not enhance our community.
Why did the city not reach out to Bluff Country Village or businesses closes to this development who will be mostimpacted? The perception is that the city is trying to push this through without concern for homeowners.
It seems the city is trying to put a business in a location that is to small for it as it does not meet the required codes.
I ask that the city attract a business that meets city codes and positively enhances our community that I have enjoyedliving in and not let this development proceed that negatively impacts our neighborhood and the community I havecalled home for 15 years.
Tara Christensen9750 Belmont Lane
From:Tim Forster
To:Beth Novak-Krebs; jgrotkin@rjryan.com
Subject:Proposed Gas Station / Auto Service Project
Date:Monday, March 8, 2021 4:34:18 PM
Hello Beth and Jack –
I’m reaching out regarding the proposed project to build a gas station and auto care shop near
Pioneer Trail and Hennepin Town Road. I own a home nearby and wanted to communicate that I’m
very much opposed to this plan. I understand that the lot is likely to be developed into some sort of
business sooner or later but feel strongly that this is not the right project for the area. Some of my
concerns are:
· Longevity – we’re seeing a push on a macro level away from combustion engines and
towards electric products across many industries. I think that the city should have an eyetowards the future instead of building more accommodations for a technology that is on thedownswing. I’d much rather see the area developed into a business that won’t be phasedout in the coming years.· Necessity – we already have several gas stations in the area. There are existing stations
one exit either way on 169, and at Pioneer and Flying Cloud.
· Traffic – Pioneer Trail is rather congested in this area during rush hour and this businesswould exacerbate the issue.
Thanks for your consideration,
Tim Forster
10117 Juniper Lane
From:Todd Espelien
To:Beth Novak-Krebs
Subject:Holiday/Auto Care Development
Date:Monday, May 24, 2021 3:29:13 PM
Hello Ms. Novak-Krebs—
We are owners of a townhome at 9826 Belmont Lane, within 500 feet of this proposed
construction. We are vehemently opposed to it, at least in its current proposed state. We justpurchased our home in Oct’20 and had we known a large scale auto repair shop was going to
be placed right next door, would’ve seriously considered not buying.
Several concerns we have include:
The building of an access road onto our private road. We walk this daily with our 16month old daughter. Part of the reason we purchased here was the number of families
and how walkable our private roads are. The idea of cars driving in and out andpotentially hitting our daughter is frightening.
The noise from the repair shop. I’ve lived near one years ago and there was no peace tobe found if you wanted to sit outside on your patio. Not to mention the smells and
debris. Plus, a 50 car parking lot? That means random cars being left overnight orweeks. Not exactly a welcoming site to the neighborhood.
The lights from the Holiday. Again, I lived near a Holiday in the past and it illuminatedalmost our entire block. And depending on the hour of closure, safety concerns from
transient cars coming in and out of the area.
This is going to negatively affect our property value, especially considering we overpaid just
to be in the Eden Prairie city limits for our daughter to attend school.
Please reconsider this. If you have children of your own you would understand.
Thank you.
Todd Espelien612-296-0574
Name City State Postal Code Country Commented DateComment
Jay Stankiewicz Eden Prairie MN 55347 US 5/22/2021 "I'm signing because approving this development puts one
company's profits above 100s of families in the immediate
area."
Karen Linscott Minneapolis MN 55432 US 5/24/2021 "Concerned about increased traffic"
Lisa Stankiewicz Eden Prairie MN 55347 US 5/24/2021 "I’m 100% opposed to this development for the following
reasons:1. Increases traffic and congestion2. Increased
safety and environmental risks specifically gasoline fumes,
groundwater hazards, air quality, sound pollution, chemical
exposure including cancer-causing benzene, and countless
other health risks. 3. Increased crime potential"
Briana Nord Washington DC 20008 US 5/25/2021 "A residential area is not an appropriate location for a gas
station and collision center! Negative impacts on our
neighborhoods include increased traffic and related noise
and environmental pollution. At a minimum, please
reconsider the hours of operation if the late-night gas
station."
Lisa Stankiewicz Eden Prairie MN 55347 US 5/26/2021 "Here are the main reasons why I, my family, and ALL of our
neighbors are against this project...1. SAFETY (PHYSICAL &
ENVIRONMENTAL)... It's a fact that living near a gas station
increases exposure to cancer-causing chemicals (ie:
benzene), fumes and risk of groundwater contamination...
not to mention increases light, sound & air pollution all-day
& night which would decrease the quality of life in the
neighborhood and make it potentially dangerous to live
here. Having increased transient drivers and visitors
coupled with a late hour gas station/convenience store also
increases the risk of CRIME. This is especially concerning
since Kinderberry Hill is right across the street and having
children outside playing on the playground next to gas
station fumes and increased traffic/potential crimes is
unacceptable.2. TRAFFIC... this area already sees massive
traffic issues at rush hour. This development would only
increase the traffic making it dangerous for the many
people, families, children and pets that walk, b"
mary aksoz Eden Prairie MN 55347 US 5/26/2021 "A gas station should not be built within close proximity of
housing communities."
Carol Beveroth Eden Prairie MN 55347 US 5/26/2021 "An all-night gas station will bring more crime into the
neighborhood. How would city officials and the developer
deal with that?"
Susan Landstrom Bloomington MN 55438 US 5/26/2021 "In addition to all the congestion, lifestyle, health and
safety reasons cited by the petitioner, gas vehicles are
moving towards obsolescence. Adding another gas station
to an area already adequately served by existing gas
stations is a poor long-term business decision. I don't want
a neighborhood "partner" who only thinks short-term."
Matt Rose Saint Paul MN 55102 US 5/26/2021 "We simply don't need this station. As has been
mentioned, there are several gas stations already close by.
Go across 169 and there's a station next to the McDonalds.
This won't enhance the neighborhood in the slightest, only
drive property values down."
Margaret Reed Eden Prairie MN 55347 US 5/27/2021 "Children play outside throughout the day at the daycare
just across the street from the proposed site. Many babies
are taken for a walk along Hennepin Town Road. We do not
need to add gas station traffic and fumes to this area!"
Dick and Middleton Minneapolis MN 554347 US 5/27/2021 "Why not build a beautiful little park instead?!!"
Rachel Lappe Eden Prairie MN 55347 US 5/27/2021 "There is a gas station right in the other side of 169. We
don’t need this. However, since this land is right in the
middle of a residential area, why not build a family friendly
restaurant. There is always a need for an easy way to feed
our families."
Kay Beams Eden Prairie MN 55347 US 5/27/2021 "We do not need the congestion or the environmental
issues this would bring to our residences along Hennepin
Town Road including Sherwood and other developments.
There is a gas station and repair shop directly across 169 on
Anderson Lakes Parkway which turns into Bloomington
Ferry Road. That should be sufficient for travelers needs.
Do not add more congestion to Hennepin Town Road or the
crossroad by Walgreens. Every inch of land doesn't need to
be developed. It is getting to be a problem in Eden Prairie.
Let's keep some undeveloped land to enjoy and for our
wildlife."
Cody Zwiefelhofer Eden Prairie MN 55347 US 5/27/2021 "It's 2021 and we're still building infrastructure that
contributes to climate change. Unreal!"
Sharon Spinharney Eden Prairie MN 55347 US 5/28/2021 "I live a couples block from the proposed site. Sights and
smells and traffic will definitely impact my life. I say NO!"
Beth Beutell Minneapolis MN 55347 US 5/28/2021 "This development has car repair bays, a car wash and gas
station. It will destroy the quality of life for nearby Eden
Prairie residents. I am a neighbor who will be impacted by
the incessant noise, increased traffic, and poor
environmental use of this property. I urge city planners to
find a project that is not such a nuisance."
Autumn Huiras Minneapolis MN 55391 US 5/28/2021 "This quiet corner does not need a gas station! There are
many children and families living (and being cared for at
the beautiful child care center) in this immediate area. This
property and life style will be negatively impacted by a
bright busy gas station with many cars. There is a
commercial complex up the road that is a much better
place to build if another gas station is needed."
Kristen Tenley Eden Prairie MN 55347 US 5/28/2021 "This area already has major traffic congestion concerns
year round. Couple that with Riverview road being closed
for months most springs due to flooding and zero city plans
to solve that issue causes all the Riverview road traffic to
route up to pioneer. I have missed many events due to the
traffic backlogs on pioneer during this time. A gas station
would only cause further congestion to an already
congested area of town. No thank you."
Alicia Ortiz Eden Prairie MN 55347 US 5/29/2021 "I consider a gas station si close to where I live to be an
unnecessary risk to me and my family’s health. The gas
station in Bloomington, across 169, already serves our
community."
Kay Beams Eden Prairie MN 55347 US 6/1/2021 "There is already a gas station just across 169 that sells gas
and there is a service station also. Right by McDonalds. No
other gas station is needed. Please leave what little
undeveloped land remains in Eden Prairie. Also, this would
add unnecessary traffic to Hennepin Town Road which
already has enough traffic from people wanting to get out
of the gridlock on 169 and use Hennepin Town Road to
accomplish this. No more traffic needed. And, as stated
below, don't let greed remove our desire to care for
wildlife. There is so little undeveloped land in Eden Prairie
the way it is. No to this Holiday gas station and service
station. The detriment to the environment and the air
quality is too dangerous."
Eric Nelson Bloomington MN 55431 US 6/3/2021 "Late hour gas stations bring increases in crime. Ask anyone
who has worked at night at a gas station. For light pollution
Holiday is the worst. Blue light is harmful to our eyes, hence
blue light filters on phones, computer monitors, and some
TVs, and they have bright blue lights all over their stations.
It makes it harder to see at night, which can increase the
risk of accidents. There are plenty of gas stations nearby,
this one is completely unnecessary. It sounds like someone
with the city is getting a kickback or are more focused on
tax revenue than anything else."
Marlene Lawson Eden Prairie MN 55347 US 6/5/2021 "I’m about the city of Eden Prairie it’s residence it’s a
beautiful hills and valleys and because my parents lived
here when they were just 5000 people. We have seen it
grow into an amazing city with good leader ship generally
and I wonder where that leader ship is now. For all the
reasons that have been listed in the treatise above me it is
a very poor plan to put this kind of a business in that small
area so close to humans"
Marlene Lawson Eden Prairie MN 55347 US 6/5/2021 "Private enterprise should not infringe on the rights of
others . And to harm others in the process is wrong."
Name City State Postal Code Country Signed On
Jay Sankiewicz Eden Prairie MN US 5/22/2021
Mudzingwa Mhiripiri Eden Prairie MN 55344 US 5/22/2021
Lisa Stankiewicz Eden Prairie MN 55347 US 5/22/2021
Rose Siggia Staten Island NY 10312 US 5/23/2021
Kit Tingley Westport CT 6880 US 5/23/2021
Clarey Ellen McInerny Eden Prairie MN 55347 US 5/23/2021
Meg DONAHUE Wilton CT 6897 US 5/23/2021
David Ligon Salinas 93907 US 5/23/2021
Laurie Turner Eden Prairie MN 55347 US 5/23/2021
Adam Kaluba Burleson TX 76028 US 5/23/2021
John Turner Eden Prairie MN 55347 US 5/24/2021
Karen Linscott Minneapolis MN 55432 US 5/24/2021
Cheri Booth Eden Prairie MN 55347 US 5/24/2021
Tasha Wall Eden Prairie MN 55347 US 5/24/2021
Whittney Bartkey Stillwater MN 55082 US 5/24/2021
Alex Riley Norwalk CT 6850 US 5/24/2021
Molly Walsh Rowayton CT 6853 US 5/24/2021
Heather McCartan Minneapolis MN 55424 US 5/24/2021
Katie Taubel Eden Prairie MN 55347 US 5/24/2021
Andrew Jenter Cranford NJ 7016 US 5/24/2021
Barb Getty Zionsville IN 46077 US 5/24/2021
Rob Parkinson Woodbury MN 55125 US 5/24/2021
Andrew Tingley Westport CT 6880 US 5/24/2021
Maria Johnson Minneapolis MN 55407 US 5/24/2021
Julianne Forster Eden Prairie MN 55347 US 5/24/2021
Ebony Mhiripiri Eden Prairie MN 55344 US 5/24/2021
Libby Lasley Eden Prairie MN 55347 US 5/24/2021
Lawrence Williams Eden Prairie MN 55347 US 5/24/2021
Jane Williams Eden Prairie MN 55347 US 5/24/2021
Gary Klesk Eden Prairie MN 55347 US 5/24/2021
Lauren Carter Eden Prairie MN 55347 US 5/24/2021
Bili Banjoko Eden Prairie MN 55347 US 5/24/2021
Christina Hess Eden Prairie MN 55347 US 5/24/2021
Dan Carsello Encinitas CA 92024 US 5/24/2021
Connie Sickler Eden Prairie MN 55347 US 5/24/2021
Jerry Maher Eden Prairie MN 55347 US 5/24/2021
Jason Carter Eden Prairie MN 55347 US 5/24/2021
Larissa Judt Eden Prairie MN 55347 US 5/24/2021
Becky Lawrence Eden Prairie MN 55347 US 5/25/2021
Marlene J. Lawson Eden Prairie MN 55347 US 5/25/2021
Rayees Mirza Minneapolis MN 55347 US 5/25/2021
Isabelle Jacques Minneapolis MN 55435 US 5/25/2021
Jill Walker Eden Prairie MN 55347 US 5/25/2021
Charles & Charlotte Hau Eden Prairie MN 55347 US 5/25/2021
Michele Rogat Eden Prairie MN 55347 US 5/25/2021
Tim Rogat Eden Prairie MN 55347 US 5/25/2021
Susan Kimitch Eden Prairie MN 55347 US 5/25/2021
Griffin Dahlberg Chicago IL 60623 US 5/25/2021
Steve Helgesen Eden Prairie MN 55347 US 5/25/2021
Troy Parish Eden Prairie MN 55347 US 5/25/2021
Kristine Paulsen Eden Prairie MN 55347 US 5/25/2021
Ellen Johnson Eden Prairie MN 55347 US 5/25/2021
Larry Paulsen Eden Prairie MN 55347 US 5/25/2021
Margo Barnes tucson AZ 85719 US 5/25/2021
Jawwad Sadiq Eden Prairie MN 55347 US 5/25/2021
Mark Baron Eden Prairie MN 55347 US 5/25/2021
Harry Potter and Star Wars lover 12345 345 US 5/25/2021
Roheena Mahmood Eden Prairie MN 55347 US 5/25/2021
Fatima Sadiq Eden Prairie MN 55347 US 5/25/2021
Shanal Khawaja Osseo MN 55311 US 5/25/2021
Ingrid Rojas Eden Prairie MN 55347 US 5/25/2021
Tauseef Khawaja Eden Priarie MN 55369 US 5/25/2021
Holly Carlstedt Eden Prairie MN 55347 US 5/25/2021
Jennifer Anfinson Eden Prairie MN 55347 US 5/25/2021
Mahrukh Khawaja Maple Grove MN 55311 US 5/25/2021
Shahmir Khawaja Osseo MN 55369 US 5/25/2021
Megan Soper Eden Prairie MN 55347 US 5/25/2021
Jay Herman Eden Prairie MN 55347 US 5/25/2021
Laura Garcia Humble TX 77396 US 5/25/2021
Jon Kim Huntingdon Valley PA 19006 US 5/25/2021
Paul Gherity Eden Prairie MN 55347 US 5/25/2021
Diane Gherity Eden Prairie MN 55347 US 5/25/2021
dezi farris Memphis 38117 US 5/25/2021
esmeralda Luna Mesquite 75149 US 5/25/2021
Katie Asleson Minneapolis MN 55411 US 5/25/2021
Rowland Menka Eden Prairie MN 55347 US 5/25/2021
Patricia Maher Eden Prairie MN 55347 US 5/25/2021
John Lee Pine Bluff 71603 US 5/25/2021
Bruce Baron 9781 Belmont Ln MN 55347 US 5/25/2021
Linda Boettcher Hopkins MN 55343 US 5/25/2021
Briana Nord Parish Eden Prairie MN 55347 US 5/25/2021
Roy Wang Eden Prairie MN 55347 US 5/25/2021
gabriel diaz Norfolk 23509 US 5/25/2021
Michelle Veith Eden Prairie MN 55347 US 5/25/2021
Cheryl F Eden Prairie MN 55347 US 5/25/2021
Paul Roth Minneapolis MN 55406 US 5/25/2021
Sandy Carlson Minneapolis MN 55347 US 5/25/2021
Andrew Roth Eden Prairie MN 55347 US 5/25/2021
Ron Veith Eden Prairie MN 55347 US 5/25/2021
Sara Mulder Eden Prairie MN 55347 US 5/25/2021
Maleke Bowens Wellsville 84339 US 5/25/2021
Boni Berndt Eden Prairie MN 55347 US 5/25/2021
Yen Nguyen Eden Prairie MN 55347 US 5/25/2021
Ann Pfister Eden Prairie MN 55347 US 5/25/2021
Michelle Gherity Eden Prairie MN 55347 US 5/25/2021
Pam Michael Minneapolis MN 55415 US 5/25/2021
Alicia Reeves Eden Prairie MN 55347 US 5/25/2021
Julius Rush Eden Prairie MN 55344 US 5/25/2021
Randi Mary Helgesen Saint Paul MN 55105 US 5/25/2021
Ryan Seaman Saint Paul MN 55113 US 5/26/2021
James Stankiewicz Indianapolis IN 46202 US 5/26/2021
Sara Keim Chaska MN 55318 US 5/26/2021
Jamie Gundersen Eden Prairie MN 55344 US 5/26/2021
Bernadette Ammons Saint Paul MN 55122 US 5/26/2021
Kenneth Riley Weston CT 6883 US 5/26/2021
Pamela Kalthoff Eden Prairie MN 55347 US 5/26/2021
Diane Morris Eden Prairie MN 55347 US 5/26/2021
Jason Gentile Parsippany NJ 7054 US 5/26/2021
S Kalarickal Eden Prairie MN 55347 US 5/26/2021
John Palda Minneapolis MN 55401 US 5/26/2021
K Dave Eden Prairie MN 55347 US 5/26/2021
Jessica Robinson Eden Prairie MN 55347 US 5/26/2021
Pavol Krivosik Eden Prairie MN 55344 US 5/26/2021
Stephanie Mehta Eden Prairie MN 55347 US 5/26/2021
luke galindo Friendswood 77546 US 5/26/2021
Scott Michael Eden Prairie MN 55347 US 5/26/2021
Jeremy Reed Eden Prairie MN 55347 US 5/26/2021
Farzana Alla Basha Eden Prairie MN 55347 US 5/26/2021
Amina Mirza Eden Prairie MN 55347 US 5/26/2021
Farah Khan Eden Prairie MN 55347 US 5/26/2021
Janice Healy River Falls WI 54022 US 5/26/2021
Megan Kline Springfield IL 62707 US 5/26/2021
Marissa Anderson Eden Prairie MN 55347 US 5/26/2021
Kylee Dees Geneva 14456 US 5/26/2021
Ralph Hill Simi Valley 93065 US 5/26/2021
Kate Shahan Eden Prairie MN 55347 US 5/26/2021
Andrea Merdan Eden Prairie MN 55344 US 5/26/2021
Steph Chapek Eden Prairie MN 55347 US 5/26/2021
Pam Shuma Eden Prairie MN 55347 US 5/26/2021
Erick Baruti Eden Prarie MN 55347 US 5/26/2021
Tara Christensen Eden Prairie MN 55347 US 5/26/2021
rebecca weiler Eden Prairie MN 55347 US 5/26/2021
Sheryl Bassett Eden Prairie MN 55347 US 5/26/2021
mary aksoz Eden Prairie MN 55347 US 5/26/2021
Cathy Turgeon Minneapolis MN 55427 US 5/26/2021
Morgan Jaros San Francisco CA 94103 US 5/26/2021
Marjorie Sillery Eden Prairie MN 55347 US 5/26/2021
Lauryn August Eden Prairie MN 55347 US 5/26/2021
Mona Elezaby eden prairie MN 55347 US 5/26/2021
Brant Hutchins Eden Prairie MN 55347 US 5/26/2021
Tim Forster Eden Prairie MN 55347 US 5/26/2021
Steve Gust Eden Prairie MN 55344 US 5/26/2021
Gino Gori Saint Paul MN 55106 US 5/26/2021
Elsa Lawal Eden Prairie MN 55344 US 5/26/2021
Deb Plutt Minneapolis MN 55438 US 5/26/2021
Kailyn Tucker Gloucester 1930 US 5/26/2021
Kim Blasy Eden Prairie MN 55347 US 5/26/2021
Diana Schrieber Eden Prairie MN 55347 US 5/26/2021
Josie Tindell Minneapolis MN 55444 US 5/26/2021
Collin Worz San Diego 92128 US 5/26/2021
Carol Beveroth Eden Prairie MN 55347 US 5/26/2021
Howard Furmansky Minnetonka MN 55345 US 5/26/2021
Amber Ballman Eden Prairie MN 55347 US 5/26/2021
Nathan Champine Eden Prairie MN 55344 US 5/26/2021
Jeannie Welter Eden Prairie MN 55344 US 5/26/2021
Laurel Hahn Bloomington MN 55438 US 5/26/2021
Robert Omae Eden Prairie MN 55347 US 5/26/2021
Ingrid Rojas Saint Paul MN 55347 US 5/26/2021
Sue Landstrom Bloomington MN 55438 US 5/26/2021
Sue Wessbecker Victoria MN 55386 US 5/26/2021
Debra Cross Eden prairie MN 55347 US 5/26/2021
Dmitry Luzhansky Eden Prairie MN 55440 US 5/26/2021
Kendall Berg Long Lake 55356 US 5/26/2021
Deb Christensen Bloomington MN 55438 US 5/26/2021
yolanda schultes Wittenbach 9300 Brazil 5/26/2021
Cheryl Trafas Minneapolis MN 55347 US 5/26/2021
Arlene Vernon Eden Prairie MN 55347 US 5/26/2021
Ashirwad Shrestha Eden Prairie MN 55347 US 5/26/2021
Ed Folisi Eden Prairie MN 55344 US 5/26/2021
Mannal Sadiq Eden Prairie MN 55347 US 5/26/2021
Nicole Fick Eden Prairie MN 55347 US 5/26/2021
Bruce Halvorson Minneapolis MN 55406 US 5/26/2021
Pam S Eden Prairie MN 55347 US 5/26/2021
Ben S Eden Prairie MN 55347 US 5/26/2021
Chung Yu Minneapolis MN 55425 US 5/26/2021
Jacquelyn Jones Eden Prairie MN 55344 US 5/26/2021
Keith Walters Minneapolis MN 55418 US 5/26/2021
Stacy O'fallon Eden Prairie MN 55347 US 5/26/2021
Margaret Reed Eden Prairie MN 55347 US 5/26/2021
Paul Calatayud Eden prairie MN 55347 US 5/26/2021
Ann Calatayud Eden prairie IL 55347 US 5/26/2021
Jerry Schmidt Eden Prairie MN 55347 US 5/26/2021
Matt Rose Eden Prairie MN 55347 US 5/26/2021
DT Carel Littleton CO 80122 US 5/26/2021
Katlyn Nemitz Prior Lake MN 55372 US 5/26/2021
Liz Johnson Eden Prairie MN 55347 US 5/26/2021
Kayela Shortall State College PA 16801 US 5/26/2021
larry mueller Eden Prairie MN 55347 US 5/26/2021
Stew Anderson Eden Prairie MN 55347 US 5/26/2021
Craig Lasley Eden Prairie MN 55347 US 5/26/2021
Mary Rose Minneapolis MN 55430 US 5/26/2021
Valerie Carballo Minneapolis MN 55405 US 5/26/2021
Stanley Saddoris Eden Prairie MN 55347 US 5/26/2021
Rachel Olson Chicago IL 60641 US 5/26/2021
Kristy Egan Minneapolis MN 55343 US 5/26/2021
Ben Hansen Auckland 1010 New Zealand 5/26/2021
Mary Shimshak Eden Prairie MN 55344 US 5/26/2021
Tom Booth Eden Prairie MN 55347 US 5/27/2021
Tom Suitt Alpharetta GA 30004 US 5/27/2021
Sean Thayer Eden Prairie MN 55347 US 5/27/2021
Mary Slusar Minneapolis MN 55438 US 5/27/2021
Angela Funderburg Minneapolis MN 55418 US 5/27/2021
Karen Graff Eden Prairie MN 55347 US 5/27/2021
Ward Rose Minneapolis MN 55436 US 5/27/2021
Richard Funderburg Eden Prairie MN 55346 US 5/27/2021
Simone Brackeen Eden Prairie MN 55346 US 5/27/2021
Nancy Holte Eden Prairie MN 55347 US 5/27/2021
Shelley Zaragoza Burnsville MN 55337 US 5/27/2021
James Pattarini Houston TX 77062 US 5/27/2021
Pauline Rohrman Eden Prairie MN 55347 US 5/27/2021
Susan LaRue Eden Prairie MN 55346 US 5/27/2021
Anita Otten Eden Prairie MN 55347 US 5/27/2021
Percy Mistry Eden Prairie MN 55347 US 5/27/2021
Charlotte Frank Eden Prairie MN 55347 US 5/27/2021
Jeremiah Kocher Eden Prairie MN 55347 US 5/27/2021
Ellen Hegdal Pueblo CO 81005 US 5/27/2021
Mason Linscott Minneapolis MN 55411 US 5/27/2021
Leo Spellacy Lakewood 44107 US 5/27/2021
Deborah Blackford Minneapolis MN 55347 US 5/27/2021
John Wicklein Eden Prairie MN 55347 US 5/27/2021
Brianna Foulke Eden Prairie MN 55347 US 5/27/2021
Rebecca Prochaska Eden Prairie MN 55346 US 5/27/2021
Jessica Mork Minneapolis MN 55412 US 5/27/2021
James Walburg Minneapolis MN 55422 US 5/27/2021
Brian Schroeder Eden Prairie MN 55347 US 5/27/2021
Bill Weiher Eden Prairie MN 55347 US 5/27/2021
Ogden Rojas Eden Prairie MN 55347 US 5/27/2021
Howard Greenspan Eden Prairie MN 55347 US 5/27/2021
Kathleen Inveen Minneapolis MN 55407 US 5/27/2021
Nik Sell Minneapolis MN 55414 US 5/27/2021
Connie Woodgate Minneapolis MN 55438 US 5/27/2021
Susan Bissonette Eden Prairie MN 55347 US 5/27/2021
Nate Thompson Eden Prairie MN 55347 US 5/27/2021
Wendy Wortman Eden Prairie MN 55347 US 5/27/2021
Andrea Tall Eden Prairie MN 55347 US 5/27/2021
Richard Wesely Eden Prairie MN 55347 US 5/27/2021
David Ross Burnsville MN 55337 US 5/27/2021
Laura Lebens Eden Prairie MN 55435 US 5/27/2021
Dick and Middleton Minneapolis MN 554347 US 5/27/2021
David Wood Eden Prairie MN 55347 US 5/27/2021
Jake Heffernan Eden Prairie MN 55347-3167 US 5/27/2021
Sophia Maiorano Bayport 11705 US 5/27/2021
Robyn Belongie Eden Prairie MN 55347 US 5/27/2021
Kathy Urban Eden Prairie MN 55346 US 5/27/2021
Avice Parker Eden Prairie MN 55347 US 5/27/2021
Robert SCHiefelbein Eden prairie MN 55347 US 5/27/2021
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Pat Williamson Eden Prairie MN 55344 US 5/27/2021
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Michelle Osorio Eden Prairie MN 55347 US 5/27/2021
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Marjolaine Dahl Eden Prairie MN 55347 US 5/27/2021
Barbara Smyth Eden prairie MN 55347 US 5/27/2021
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Renee Reardon Eden Prairie MN 55347 US 5/27/2021
Jeannette Burgett Eden Prairie MN 55347 US 5/27/2021
James Sillery Eden Prairie MN 55347 US 5/27/2021
Michelle Wilson Eden Prairie MN 55347 US 5/27/2021
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JAHARI Hill Saint Paul 55124 US 5/27/2021
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Jim Williams Eden Prairie MN 55347 US 5/27/2021
Rongtai Wang Eden Prairie MN 55347 US 5/27/2021
Brian Johnson Eden Prairie MN 55347 US 5/27/2021
Susan Hedberg Minneapolis MN 55423 US 5/27/2021
Kary Paulson Eden Prairie MN 55347 US 5/27/2021
Cody Zwiefelhofer Eden Prairie MN 55347 US 5/27/2021
Siavash Sedghi Eden Prairie MN 55347 US 5/27/2021
Mike Mohn Eden Prairie MN 55344 US 5/27/2021
sam rahmani Loveland CO 80538 US 5/27/2021
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John Oldenkamp Eden Prairie MN 55347 US 5/27/2021
Paul Olson Eden Prairie MN 55347 US 5/27/2021
Joseph Wessbecker Chaska MN 55318 US 5/27/2021
Soren Dunn Eden Prairie MN 55347 US 5/27/2021
Dawson welp Dubuque 52001 US 5/27/2021
Stacy Ferderer Eden Prairie MN 55347 US 5/27/2021
Amy Arpino Sharon CT 6069 US 5/28/2021
Kathy Mason Eden Prairie MN 55347 US 5/28/2021
Ardy Goudarzi Eden Prairie MN 55347 US 5/28/2021
Roselee wondra Eden Prairie MN 55347 US 5/28/2021
Katrina Wessbecker Chaska MN 55318 US 5/28/2021
Lauri Pate Saint Paul 55122 US 5/28/2021
Sharon Spinharney Eden Prairie MN 55347 US 5/28/2021
Mushy Toes Arlington TX 76010 US 5/28/2021
Tara Warner Duluth 55811 US 5/28/2021
Daniel Carballo Bloomington MN 55438 US 5/28/2021
Bianca Aragon Saint Paul 55130 US 5/28/2021
Beth Beutell Minneapolis MN 55347 US 5/28/2021
Ashton Kuhs Lakeville 55044 US 5/28/2021
Jim Satterstrom Eden Prairie MN 55347 US 5/28/2021
Kate Reiser Eden Prairie MN 55346 US 5/28/2021
Bridget Zepeda Chicago IL 60618 US 5/28/2021
Anne Abbey Bloomington MN 55438 US 5/28/2021
Arya Zipoy Eden Prairie MN 55347 US 5/28/2021
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Jennifer Scott Eden Prairie MN 55347 US 5/28/2021
Autumn Huiras Minneapolis MN 55391 US 5/28/2021
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Robin Stewart Eden Prairie MN 55347 US 5/28/2021
Ashley Bloch Eden Prairie MN 55347 US 5/28/2021
Kristi Marks Eden Prairie MN 55346 US 5/28/2021
Barbara Peterson Eden Prairie MN 55347 US 5/28/2021
Kate White Eden Prairie MN 55347 US 5/28/2021
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Doris Butler Eden Prairie MN 55372 US 5/28/2021
Annamarie Guzman Castle Rock 80104 US 5/28/2021
Katie Hines Eden Prairie MN 55347 US 5/28/2021
Layton Garrett Round Rock 78681 US 5/28/2021
Cindy Bergevin Eden Prairie MN 55347 US 5/28/2021
pj mckenzie Minneapolis MN 55439 US 5/28/2021
Yi-Ling Yao Eden Prairie MN 55347 US 5/28/2021
Michelle Higgins Eden Prairie MN 55347 US 5/29/2021
Fern Amit Eden Prairie MN 55347 US 5/29/2021
Elana walton Eden Prairie MN 55347 US 5/29/2021
Kari Stringer Minneapolis MN 55407 US 5/29/2021
Suzanne Becker Eden Prairie MN 55347 US 5/29/2021
Lindsey Christ Eden Prairie MN 55347 US 5/29/2021
Wade Coonrod Eden Prairie MN 55344 US 5/29/2021
McKaylah Rosendahl West Columbia 29169 US 5/29/2021
Terry Marusich Eden Prairie MN 55347 US 5/29/2021
Dorette Kerian Bloomington MN 55437 US 5/29/2021
Shavneel Kumar Sacramento 95834 US 5/29/2021
Nihad Shalabi US 5/29/2021
Alicia Ortiz Eden Prairie MN 55347 US 5/29/2021
Janet Bell Eden Prairie MN 55347 US 5/29/2021
Joanne Riberich North Versailles 15137 US 5/29/2021
michael neary Minneapolis MN 55347 US 5/29/2021
Beth Williams Eden prairie MN 55347 US 5/29/2021
Debra Maurice Pittsburgh PA 15226 US 5/29/2021
#NAME?US 5/29/2021
Jerry Stahl Minneapolis MN 55429 US 5/29/2021
Sara Johnson Eden Prairie MN 55347 US 5/29/2021
jennifer doyle Eden Prairie MN 55347 US 5/29/2021
Patrick Bevan Eden Prairie MN 55347 US 5/29/2021
Ryan Weiner New York NY 10128 US 5/29/2021
Sheilah Lundin Eden Prairie MN 55347 US 5/29/2021
Joni Reed Kansas City MO 64157 US 5/30/2021
Erion hammack South Jordan 84009 US 5/30/2021
Maria Carranza Delray Beach 33444 US 5/30/2021
Sarah Kelly Eden Prairie MN 55347 US 5/30/2021
Karen Hupp Eden Prairie MN 55347 US 5/30/2021
Anna Laidler East Stroudsburg 18301 US 5/30/2021
Scott Steen Eden Prairie MN 55347 US 5/31/2021
Ron Szarzynski Eden Prairie MN 55347 US 5/31/2021
Garrett Pommeranz Minneapolis MN 55418 US 5/31/2021
Roderick Purdy Windsor N9B Canada 5/31/2021
Allen Calivoso Philippines 5/31/2021
Gabrielle Feivor Eden Prairie MN 55347 US 5/31/2021
Funmi Banjoko Eden Prairie MN 55347 US 5/31/2021
Robert Feivor Eden Prairie MN 55347 US 5/31/2021
Roy Arribas Eden Prairie MN 55344 US 5/31/2021
Cassian Lee Eden Prairie MN 55347 US 5/31/2021
LEANN HOOKOM Eden Prairie MN 55344 US 5/31/2021
Hannah Scott Elk Grove CA 95758 US 6/1/2021
Amy Fahrenholz Eden Prairie MN 55347 US 6/1/2021
Eric Heggernes Eden Prairie MN 55347 US 6/1/2021
Jill Rickheim Minneapolis MN 55437 US 6/2/2021
Amy Clark Eden Prairie MN 55347 US 6/3/2021
Eric Nelson Bloomington MN 55431 US 6/3/2021
Emma Gardner Circle Pines 55014 US 6/3/2021
Jessica Craig Grand Forks 58201 US 6/3/2021
ANDREWNETTE WALKERMOLINE 61265 US 6/3/2021
Mark McClellan Eden Prairie MN 55347 US 6/3/2021
Jen Banken Minneapolis MN 55428 US 6/3/2021
Natalee Baker Minneapolis 55431 US 6/4/2021
Adam Wood St Paul 55112 US 6/4/2021
Geri Martin Eden Prairie MN 55347 US 6/4/2021
arianna fitzgerald Detroit 48227 US 6/4/2021
Olivia Tuopay Lawrenceville 30044 US 6/4/2021
Marsha Brintnall Minneapolis MN 55438 US 6/4/2021
estevan aguilar-clapper Gettysburg 17325 US 6/4/2021
Thomas Lopez Chicago 60638 US 6/4/2021
Noel Garcia San Diego 92135 US 6/4/2021
Tom Finnegan Eden Prairie MN 55347 US 6/5/2021
Svetlana Formogey Eden Prairie MN 55347 US 6/5/2021
Tyrel Lemke Minnesota 55434 US 6/5/2021
Dawn Graham Eden Prairie MN 55347 US 6/5/2021
Darilyn Belshrim Eden Prairie MN 55347 US 6/5/2021
Elaine mcLaughlin New Smyrna Beach FL 32168 US 6/5/2021
Melissa Mortenson Eden Prairie MN 55347 US 6/5/2021
Jeanne Mortenson Minneapolis MN 55438 US 6/5/2021
Todd Espelien Eden Prairie MN 55347 US 6/5/2021
Jason Porter Gillette 82716 US 6/5/2021
Barbara Lamb EdenPrairie MN 55347 US 6/5/2021
Kristi Wesolowski Minneapolis MN 55438 US 6/5/2021
Sadik Prushi Stamford 6905 US 6/5/2021
Virginia Chavez Stockton 95206 US 6/5/2021
Liv Rodrigo LA 90011 US 6/5/2021
Mary Wilde Waconia MN 55387 US 6/5/2021
Stylin Nenrnf New Iberia 70560 US 6/6/2021
Kay Anderson Minneapolis MN 55417 US 6/6/2021
Brian Smith Eden Prairie MN 55347 US 6/6/2021
Alissa Eckas Greeley 80634 US 6/6/2021
E. J. Burns, Ph.D.Albany 12210 US 6/6/2021
Stefanie Ness Eden prairie MN 55247 US 6/6/2021
Bradley Bonato Waukegan 60087 US 6/6/2021
pierre bor boston 1212 US 6/6/2021
Jennifer Peruzzi Eden Prairie MN 55347 US 6/6/2021
Kim Wagner Eden Prairie MN 55346 US 6/6/2021
andy chi Queens 11361 US 6/6/2021
Elias Macias Minneapolis MN 55432 US 6/6/2021
Susan Thompson Eden Prairie MN 55347 US 6/6/2021
Emily Mortenson Eden Prairie MN 55347 US 6/6/2021
Rebecca Barth Pensacola 32514 US 6/6/2021
Robert Chaloult Vallejo 94591 US 6/7/2021
Kate Lippitt Eden Prairie MN 55347 US 6/7/2021
Jenya Lawson Eden Prairie MN 55347 US 6/7/2021
Joan Rathbun Saint Paul MN 55105 US 6/7/2021
Sheryl Hunt Eden Prairie MN 55347 US 6/8/2021
Maureen Tanis Eden Prairie MN 55347-3171 US 6/8/2021
David Mauser Eden Prairie MN 55347 US 6/8/2021
Julie Mauser Eden Prairie MN 55347 US 6/8/2021
Barb Shimota Eden Prairie MN 55347 US 6/8/2021
Patrick Hile Eden Prairie MN 55347 US 6/8/2021
Ashlyn Singh Midrand 3310 US 6/8/2021
Taylor Ruehling Saint Paul MN 55106 US 6/8/2021
Sierra Thomsen Eden Prairie MN 55347 US 6/8/2021
Leslie Fuller Eden Prairie MN 55346 US 6/8/2021
Jack Maher Madison WI 53726 US 6/9/2021
RAMPPIONE
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R US HIGHWAY 169JUNIPER
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HENNEPIN TOWN RDBELMONT LN
BREEZY WAY
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GRANT DR
BALMORAL LNDUNBERRY CIRPIONE
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LEE DRUS HIGHWAY 169City 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: Holiday & Auto Care WorldAddress: NW corner of Pioneer Trail and Hennepin Town Road
Eden Prairie, Minnesota
Rural
Low Density Residential
Medium Density Residential
Medium High Density Residential
High Density Residential
Mixed-Use
Town Center
Transit-Oriented Development
Regional Commercial
Commercial
Office
Industrial Flex Tech
Flex Service
Eco Innovation
Industrial
Airport
Public / Semi-Public
Parks & Open Space
Golf Course
Utility & Railroad
Right-of-Way
CityLimits
410 0 410205 Feet
Date Approved: 10-01-2019
Project
Site
£¤169
QR1BALSAMLN BALMORAL L NDUNBERRY CIRJUNIPER LNNORMANDYCRSTA P P L E W OODCIRLINDENDR
S H A D O W PONDDR
L
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HENNEPINTOWNR
D
BELMONT LN
BREEZY WAY
GRANT DR
BRIDGEHILL TER
ARROWWOODDR
PIONEERTRL
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.
¯
Up dated through approved Ordinances #26-2008
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: Holiday & Auto Care World
Address: NW corner of Pioneer Trail and Hennepin Town Road
Eden Prairie, Minnesota
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
£¤169
QR1
SHADOWPONDDR
LEE DR HENNEPINTOW NRDBALMORAL LN
HENNEPINTOWNRDBELMONT LN
BREEZY WAY
BRIDGEHILL TER
PIONEERTRL
¯0 240 480120 Feet
Aerial Map: Holiday and Auto Care WorldAddress: NW Corner of Pioneer Trail and Hennepin Town Road
Eden Prairie, MN 55347
Project Site
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JUNE 14, 2021 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,
William Gooding, Robert Taylor
CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Absent was commission member Markos.
III. APPROVAL OF AGENDA
MOTION: DeSanctis moved, seconded by Taylor to approve the agenda. MOTION
CARRIED 8-0.
IV. MINUTES
MOTION: Taylor moved, seconded by DeSanctis to approve the minutes of May 24,
2021. MOTION CARRIED 8-0.
V. PUBLIC HEARINGS
A. HOLIDAY CONVENIENCE STORE AND AUTO CARE WORLD SERVICE CENTER Request for:
• Planned Unit Development Concept Review on 3.96 acres
• Planned Unit Development District Review with waivers on 3.96 acres
• Site Plan Review on 3.96 acres
• Preliminary Plat of 2 lots on 3.96 acres
Jack Emmerman of Stantec, the civil engineer, displayed a PowerPoint and detailed the application. This was a joint project with Holiday Stationstore and Auto Care World. He displayed the initial and revised site plans. The revised site plan addressed the traffic concerns at Breezy Way, decreased the parking,
PLANNING COMMISSION MINUTES June 14, 2021
Page 2
removed the spine road, increased the amount of green space, and added
landscape elements. Waivers were being requested for minimum lot size and width (splitting the lot at the driveway instead of in half), parking lot island size, parking setback, tree replacement, and the fueling pump canopy. Emmerman displayed and explained the proposed grading plan along Breezy Way and the
grading limits to the southwest of the site.
Frank Jones of Holiday Companies explained the partnership of Holiday in this project. Holiday was a local company started in 1928. This was not a partnership with a “gas station” but with a store offering healthy food and fuel alternatives,
including EV capabilities, and needed conveniences.
Casey Wheaton of Holiday Companies addressed the canopy design. Holiday’s corporate standard did not include the connected fuel canopy required by Eden Prairie Code, and this was due to safety and cost. It was also prohibitively
difficult to bring the canopy to the interior of the lot. A “dive-in” or “head-in”
design increased security rather than have the lines parallel to the building. The pitched roof requirement was not consistent with the other businesses in the area, which also did not have pitched roofs, and such a design would add mass to the structure. Grading on the site drove the layout to have the fueling pumps face the
interior, not the exterior, of the site, which would also dissipate the noise.
Mette asked if this station would serve semi-trucks, and Wheaton replied it was not; it would service local traffic, and delivery trucks and other single-frame box trucks. Mette asked Wheaton to address the EV potential in this development.
Wheaton replied it was a Holiday standard to prime conduits to support any future
EV development. The intent was to have the infrastructure in place for a quick and easy future changeout. Mette asked if there was an EV stall in this plan, and Wheaton replied there would be three.
Taylor asked what analysis was run to determine this was the best location for this
development. Wheaton replied this was a site Holiday had watched for a number of years. It had a sufficiently high traffic count, and the square footage was sufficient for the building and to generate revenue. The added lot size and its irregularity prohibited it from working only as a convenience store; a multi-
business option was better.
DeSanctis asked how this development was communicated to Eden Prairie residents. Aaron Waller with RJ Ryan Construction replied three separate neighborhood meetings were held to address community concerns in 2020 and
2021. Farr asked for and received confirmation the gas station and convenience
store would be a 24/7 operation. Farr asked if the two heritage trees set to be lost on the current plan would be saved. Waller replied one of the two could be saved, and Jones added some of the trees were in a utility easement and could not be replaced. Farr asked for a summary of EPA, et cetera, regulations for gas stations.
PLANNING COMMISSION MINUTES June 14, 2021
Page 3
Wheaton replied gas stations had to follow EPA, MPCA and federal regulations
for vapor recovery (wherein gasses are siphoned from the tanks and returned to the fueling truck), monthly monitoring checks of the tanks, double-wall fiberglass tanks with monitors to prevent leakage, line leak detection, and spill overflow reduction standards. Farr asked if the northernmost retaining wall was on a
neighbor’s property. Jones replied it was not, but was on the development
property. Kirk asked if the traffic flow onto Breezy Way, which was a private road, required discussions or an agreement with the property owner for maintenance.
Jones replied the owner of that parcel also owned the road, and the rights were
already existing for this parcel. Klima presented the staff report. The property was currently zoned commercial and was guided as commercial in the Comprehensive Plan. The site plan complied
with the landscape requirements for a parcel of this size and mass of the proposed
buildings. It also met the tree replacement requirements for the trees that would be removed, but would not fulfill the 705 caliper inches requirement, and staff recommended denial of this waiver request. Staff recommended approval of the remaining waivers. Staff recommended a revision of the backside of the car wash
prior to City Council review of the project. Staff received letters and emails from
residents which were attached in the staff report. Gooding asked if a traffic study had been done. Rue replied traffic studies were done in this area previously. Traffic volumes included the Breezy Way connection
and previous pandemic traffic counts (from 2016) with a forecast to 2020 and
2023, with and without the development. There was an issue with the access on Hennepin Town Road being at capacity with this development in peak hours, so the Breezy Way connection was added. Gooding observed the sightlines on Hennepin Town Road toward Breezy Way were limited as he drove and observed
the road. Rue replied trees could be trimmed, and Gooding stated some of the
sightline obstacles were due to the curve in the road. Rue replied that would have to be resolved whether or not this development was approved. Gooding added Breezy Way was private and asked if it could handle the extra traffic. Rue replied when this was developed in 1999 there was an accommodation for a commercial
development that was never built and for subsequent proposals, so the additional
traffic had been planned. Only a maintenance agreement remained to be implemented. Mette asked the status of the existing condition of the intersection of Hennepin
Town Road and Breezy Way. Rue replied the east and west approach to this
access would be there. The City had expectations that any improvements needed by the applicant and approved by MnDOT would need to be implemented. There would also need to be a three-quarter access put in if traffic returned to pre-pandemic levels, and that was a condition of approval for this development. Mette
PLANNING COMMISSION MINUTES June 14, 2021
Page 4
asked if a gas station could come up with a design without waivers, it would be
allowed. Klima replied both a gas station and an automotive repair business would be allowed, and a PUD would not be necessary if it met zoning code requirements, but a Preliminary Plat and a Site Review would be.
Mette asked for more details of the operations at the automotive service station.
Steven Renner, owner of Auto Care World and Eden Prairie resident, stated he and his wife looked at over 60 properties before deciding on their current home. Mike Schofner, partner in Auto Care World, stated it would have a 10 bay facility with the ability to repair 20 automobiles daily, of all makes and models, including
EV vehicles. It would employ ASE certified and qualified auto technicians and
experienced managers and service writers to run a smooth operation. It would purchase parts from local suppliers and hire local residents and businesses, maintain a high standard of cleanliness, with the vehicles kept clean and groomed and stored inside. The service bay doors would be shut during operating hours to
limit noise pollution, and electric impacts and tools would also be used. Rooftop
screening would block view of the utilities, and there were plans to install an EV charging station in the future. This was an owner-operated business, not a corporate business or a franchise, and Schofner would be onsite daily. He had 25 years of experience and his and Renner’s intent was to create a facility used and
appreciated by the community.
Mette asked the need for 70 stalls if there was no vehicle outside storage. Schofner replied there would be 15 employees, 10 loaner cars onsite, and at least 25-35 spots for traffic in and out. DeSanctis asked if the MPCA regulated the
disbursement of pollutants in the vicinity of the filling stations, if there had been
modeling done with carbon monoxide and dioxide during peak traffic times. Wheaton replied modeling had been done, and the EPA and MPCA had regulations on this, but he would have to get back with specific metrics. Renner added the carbon monoxide would be mitigated via tubes running through the
ventilation system when the bay doors were closed.
Taylor asked the percentage of traffic increase was anticipated. Jones apologized that the traffic engineer was unable to attend, but the numbers were available in the traffic report submitted with the application. He added even in a no-build
scenario this intersection would be an E and F rating. Taylor asked if there was
any data on accidents between Breezy Way and Hennepin Town Road. Rue replied this was not in the traffic study, and he had no data on that. Higgins asked how snow removal would be handled. Schofner replied he had no
specific plan but there were areas onsite to push the snow; otherwise it could be
trucked out. Farr asked if the loss of parking to the south in a lot not on the property would be handled. Klima replied there were several previous development proposals
PLANNING COMMISSION MINUTES June 14, 2021
Page 5
reviewed by the City Council but never constructed. The parking requirements
were verified for the current and future uses, but she could not speak to any discussions between property owners. Farr asked for clarification of permitted uses in this zoning district for automotive repair. Klima explained the City Code provided for two types of auto repair: the first was minor repairs—oil changes,
engine work, new tires and windshield wiper blades, et cetera—and major repairs
which included body work. Minor auto repair as stated in the application was allowed in this commercial zoning district. Farr asked if the heritage tree in the utility easement was a danger to the underground utilities. Rue replied it was, and the City wanted no trees planted in utility easement due to the danger of roots.
Farr asked for a clear definition of the proposed (future) three-quarter intersection
design. Rue replied it would be a three-quarter access (left-in, right-in, but no left-out) off the main entrance at the intersection between Breezy Way and Pioneer Trail. The design had not been determined and would have to be worked out with Hennepin County. Farr encouraged the use of a flashing yellow turn sign.
Beth Butell, of 9090 Lee Drive, Jay Stankiewicz, of 10016 Shadow Pond Drive, and Alicia Reeves, of 9673 Belmont Lane, spoke against the application, stating they had met each other because of the proposed development. Stankowitz stated he had submitted a detailed statement objecting to the application. He thanked
staff for their professionalism and courtesy. He added neighbors fully welcomed a
commercial business that enhanced the local community, conserved the environment, and ensured the safety and well being of the residents, but this development did not do that. Ten bays with a 24/7 gas station and a car wash was a large development for this location, which could not support it and had
townhomes within 70 feet, and the waivers and the alternative entrance bore that
out. It was also not needed with a Walgreens within walking distance, and two others nearby gas stations, and a service center near four other options within a five-minute drive. What was missing was a consideration of what the residents in the area needed: service for residents in the immediate area with minimal impact
and consideration of safety, and mitigation of existing traffic congestion. The
owner was not a neighbor, and the immediate residents were not the targeted customers of this development. Butell added she was a 30-year resident opposed to this development. She stated
she had not received noticed of the public outreach meetings. Another gas station
was proposed in the past, but was denied, and she envisioned a bank or a coffee shop instead, as her home would face this development. The developer had minimized the traffic and safety issues, and she was not sure the nearby seniors were aware of this development, many of whom were pedestrians. She opposed
approval of any waivers. She considered a rental-retail mix to be more appropriate
for the location. Reeves stated she also served on her Association condo and master boards and was an 18-year resident of Eden Prairie. She wished to conserve her community,
PLANNING COMMISSION MINUTES June 14, 2021
Page 6
the privacy, the environment with the wildlife and the trees, and the safety. She
was concerned about traffic in the area which also had two bus stops and a nearby day care. She considered this development too large for its context. Tricia Maher, of 9778 Belmont Lane, stated this development might make her
leave her home. She stated the traffic would come up the private road into her
development and bring gasoline trucks with it. She feared for the deterioration of their neighborhood atmosphere and the burden of maintaining that private road. Bruce Baron, of 9781 Belmont Lane, stated he had 30 years of experience in the
City of Minneapolis Paving Department, with 20 years as a supervisor. There was
a program to repave every street in Minneapolis and never in 30 years had he or his crew put a driveway onto a commercial street from a residential property, unless it had been grandfathered in. Breezy Way was a class five residential road, whereas Hennepin Town Road was a commercial road. Heavy truck traffic would
destroy Breezy Way. Holiday was now owned by Circle-K (which also owned 7-
11) and was no longer a local business owned by the Erickson family, and Circle-K wanted to take business away from Speedway, a local business. This development was not needed.
Amina Mirza, of 9704 Belmont Lane, also expressed concern for safety due to
traffic in the vicinity of children, some less than five years old, playing in yards along these roads that had no sidewalks. She also believed the private road would be damaged, a road for which residents already paid $350.00 to $360.00 in HOA dues. She also feared pollution would affect the children.
Gerry Martin, of 9853 Lee Drive, said she believed Eden Prairie was well planned and well zoned, and thanked the commissioners and staff for their work. She found the intensity of this development, with its 10 bays, out of keeping with those approved in the past. Also, none previous had a commercial development
abutting a residential area. The residences predated this development and all
previous on this location that had been denied. Margaret Reed, 11404 Creek Ridge Drive, stated she lived a mile away from this development. Her children played outside at the nearby day care and she feared
for their safety, as well as for the other children who attended in the summer and
who took trips to the park. She was afraid those trips could be canceled and wanted to ensure the safety of her children while she and her husband were at work. She urged the commission to rethink the size and scope of the development in this community.
Jeff and Paula La Frenierre, of 9682 Belmont Lane, expressed concern about the safety of moving from Breezy Way and Belmont Lane onto Hennepin Town Road. These were difficult left turns. They agreed the sightlines were obscured, and added speeders on Hennepin Town Road were dangerous at Belmont Lane or
PLANNING COMMISSION MINUTES June 14, 2021
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Breezy Way. There was the risk of increased traffic accidents. They found it
problematic to approve this application before this question was considered. Their residential area did not have sidewalks, so pedestrians and children walked and rode bikes in the streets.
Paul Gherity, of 9796 Belmont Lane, stated the road easements were planned in
1999 but there were no access roads to the commercial lot. Both roads were maintained by the residents who exclusively used it for 21 years; commercial developments did not pay for it. Behind the proposed car repair shop there was a tall hill surrounded by trees and shrubs which he feared would be impacted.
Carving out the hill and taking out the foliage could make the road unstable.
Mario Cocchiarella, of 1128 Harmon Place and owner of Maplewood Development and Construction, stated his company had put in over 10,000 developments and had a lot of experience. He stated this property was purchased
by him and paid all the past unpaid taxes. He stated the neighborhood should not
regard this development as a surprise. There were similar waivers as requested today for the structures and developments of the surrounding residences. This site had not been developed in 20 years and was in disrepair without one credible tenant. Because someone was the first to live in an area did not give that person or
persons the right to set the future. There was always something in the area before
someone else arrived; there were trees removed for the houses of the residents who came tonight, and these were tough and unpopular decisions. This was the third gas station/convenience store proposed for this site in 20 years.
James Sillery, of 9676 Belmont Lane, stated he found the developers to be
arrogant and uncommunicative, and not interested in responding at the public meetings. The developer did not reach out to the housing developments and was not interested in what the residents had to say. He thanked the commission for listening to the residents.
MOTION: Gooding moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 8-0. Kirk stated Mayor Case wrote a letter on the City’s webpage of the responsibility
of the City on development, and he read part of it aloud for the public. Kirk added
it was important to understand the commission didn’t necessarily “want” a development but had to judge whether or not it was a good fit. Everyone on the commission was a volunteer. He urged passionate residents to run for commission seats and get involved.
DeSanctis stated he was not satisfied with the applicant’s answer to outreach efforts and heard tonight the community did not think it had been listened to. He urged more dialogue between commercial developments and the community.
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Mette stated this was a difficult decision. By right, a gas station and a repair shop
were both allowed, but the intent was to minimize the impact on adjoining residential uses, and she found the impact to be negative. This was not a neighborhood commercial use in her opinion, and if this was not approved this location would eventually be developed. A restaurant, which would be more
popular for residents, could also be a traffic concern, however. Any use could
incur more traffic and there was no great solution to this. She was concerned about the proximity of the automotive repair shop to the townhomes, and perhaps also noise from the car wash. Ultimately, she did have to ask if the use was appropriate.
Taylor stated the commission heard about traffic studies and traffic modeling, but after hearing from the residents he had not heard any studies on pedestrian safety. He wanted more information about pedestrian safety modeling.
Gooding stated the traffic issue was unique in this case, because of the rights to tie
into Breezy Way rather than City streets. This opened up the private road of Belmont Lane as well, and he struggled with that. He also did not see a good solution.
Higgins stated the commission needed to be mindful of what was already in place,
such as the nearby senior residence and other housing being proposed in the area. Her concern was for the residential quality of life but this site needed development and was eventually going to be developed.
Kirk added in Eden Prairie everything that was easy to develop had been
developed, and only difficult decisions remained. He had no problem with the proposed use, except for the traffic issue. The reality was this land would cause more traffic, but the problem of Breezy Way and Belmont Lane was a problem for him.
DeSanctis noted a number of threads in the discussion: there was no gathering place for this community. A gas stations created movement of anonymous people with no vested interest in the area. The future was not internal combustion engines, and he saw no investment in green technology other than a future EV
charging station. He thought a line needed to be drawn.
Mette asked if staff knew what kind of access agreement the developer had. Rue replied the easement agreement included only Breezy Way and Bridge Hill Terrace, not Belmont Lane.
Farr stated there was a traffic problem in this area that was not caused by this developer. There was no strong mitigation plan as a part of this proposal. A gas station was a permitted use and could fit in a neighborhood-commercial zone, but this type of station was not neighborhood-oriented. This was marketed poorly in
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Page 9
this case. The convenience store could be a good amenity and competition with
the Walgreens was fine, and it was still possible to make a profit selling gas. He did not believe a 24/7 operation was consistent with a neighborhood. The automotive repair and the car wash were also a use that fit, but the car wash could contribute noise to the neighborhood. He understood the safety concerns and
wished to be proactive on this. He did not think the City had improperly zoned
this parcel, but the intensity of this development was a problem. He also did not favor taking down heritage trees and stated he was torn on this application. He saw no traffic solution yet that was a good plan.
Pieper stated he could echo many of the commission members’ comments. He
was concerned about the automotive repair shop. When he visited the site he saw how easy it was to move too fast into the turn. Kirk stated there needed to be a traffic solution before he could support this development. Farr commented on the stacking queue near Kowalski’s and another Walgreens and asked if a stop light
and crosswalks could be put into this development. He also preferred to have a
firm traffic plan for this application. Otherwise he was firmly in favor of this plan. Mette concurred with Farr’s comments that it was not the use, but the intensity of it, that made commission members hesitate.
DeSanctis stated he was not enthusiastic about this project and urged reorienting
developments around sustainability. Gooding stated he shared DeSanctis’s remarks about involving the community. There could be changes to the traffic that the community could get behind. He could not vote for the total package tonight.
MOTION: Mette moved, seconded by Kirk to recommend denial of the Planned
Unit Development Concept Review on 3.96 acres, Planned Unit Development District Review with waivers on 3.96 acres, Site Plan Review on 3.96 acres, Preliminary Plat of two lots on 3.96 acres based on plans stamped dated April 16, 2021 and the staff report dated June 11, 2021. MOTION CARRIED 8-0.
B. CROSSTOWN CORE INDUSTRIAL CENTER Request for:
• Planned Unit Development Concept Review on 5.0 acres
• Planned Unit Development District Review with waivers on 5.0 acres
• Zoning Change from OFC, Rural and C-HWY to Industrial on 5.0 acres
• Site Plan Review on 5.0 acres
• Preliminary Plat of 2 parcels into 1 lot on 5.0 acres
Eric Miller, civil engineer for Sambatek, and Ben Krsnak, of Hempel Real Estate, displayed a PowerPoint and detailed the application. The project was located in the Golden Triangle between Highways 62, 212, and 169 in a current overflow
parking lot, as a former restaurant site. The site plan called for a 62,024 square
foot building with 147 parking stalls, and a setback waiver along Flying Cloud Drive was requested. The primary entrances to the building would be along the
PLANNING COMMISSION MINUTES June 14, 2021
Page 10
southeast and southwest corners. A robust landscape plan included the planting of
shade, ornamental and evergreen trees and shrubs, and a waiver was requested for this due to the planting density on site. Miller displayed the elevations and explained the architecture and materials.
DeSanctis asked if the City arborist had been consulted, and Miller replied he had;
several large trees were being saved. DeSanctis expressed concern that the evergreens might not survive; he suggested a drought-tolerant species instead. Taylor asked what engineering controls were in place around the docking bays for safety. Miller replied the project would have to comply with building codes but he
knew of no specific measures; he offered to look into this. Farr asked why the
driveway widths varied. Miller replied the 25-foot drive would be reviewed as it was probably too narrow. Pieper asked how close this project was to the light rail stop, and Krsnak replied it was a half-mile. There were no sidewalks, but a bike trail might go in.
Klima presented the staff report. The project would construct a 62,024 square foot speculative industrial building at 10250 Crosstown Circle and 6534 Flying Cloud Drive on parcels totaling five acres: one including a vacant restaurant and the second including a surface parking lot. The property was currently zoned Office,
Rural, and Highway Commercial, and the applicant requested approval to rezone
the property to Industrial (I-2), consistent with the guiding in the Comprehensive Plan. The applicant anticipated a mix of uses including manufacturing, warehouse and office. Tree replacement requirements were being met. Staff supported the landscape waiver and recommended approval of the application.
DeSanctis asked the future plan for Flying Cloud Drive, which was a sinuous route without sidewalks. Rue replied it was planned to be reconstructed in the 2020s but was pushed back to the 2030s. Mette asked what parking setback had previously been approved for United Properties, and Klima replied that setback
was 30-35 feet. There were similar setbacks along Flying Cloud Drive and this
was not out of character. Farr speculated the mechanical room was also an electrical room and suggested this be screened. MOTION: Kirk moved, seconded by DeSanctis to close the public hearing.
MOTION CARRIED 8-0.
Taylor stated the City was still required to maintain the area, but the current location of the restaurant had become a dumping ground. Miller replied his firm had security patrolling the site but it had to constantly remove refuse from the
site. The fire department turned down their request to have the building burned
down as a training. Breaking ground soon would help solve the problem. DeSanctis commended this plan to revitalize this area.
PLANNING COMMISSION MINUTES June 14, 2021
Page 11
MOTION: Kirk moved, seconded by Mette to recommend approval of the
Planned Unit Development Concept Review on 5 acres; Planned Unit Development District Review with waivers on 5 acres, Zoning Change from OFC, Rural and C-HWY to Industrial on 5.0 acres, Site Plan Review on 5 acres and Preliminary Plat of 2 parcels into 1 lot on 5.0 acres based on plans stamp dated
June 3, 2021 and the staff report dated June 10, 2021. MOTION CARRIED 8-0.
PLANNERS’ REPORT MEMBERS’ REPORTS
VI. ADJOURNMENT MOTION: Taylor moved, seconded by DeSanctis to adjourn. MOTION CARRIED 8-0. The meeting was adjourned at 9:48 p.m.
From:Gaby Feivor
To:Beth Novak-Krebs
Subject:Holiday Convenience Store & Auto Care World Service Center (Balmoral Lane residents designated spokeperson)
Date:Monday, August 9, 2021 9:34:28 AM
Good morning Ms. Noval-Krebs,
I understand that you are Eden Prairie's Project Planner for this Planned Unit Development
Review. I am contacting you on behalf of the residents of Balmoral Lane, which is nearby the
proposed building site.
Please understand that none of the residents of our neighborhood are in favor of this
development. In fact, we are very strongly opposed to it. I believe this is the 3rd time that the
landowner (of the northwest corner of Hennepin Town Road and Pioneer Trail) has
approached the city to approve his sale of the land to a gas station company. Each time,
resident spokespeople have voiced their strong concerns and expressed opposition to this
proposal.
I ask you: how many times does this neighborhood have to express its opposition to having a
gas station and auto service station built in our otherwise quiet corner of Eden Prairie? We
have made it perfectly clear that we do not want this development proposal to be approved!
We live here. This is extremely important to us. And we all know full well that if this
development proposal were to be approved by the City of Eden Prairie, it would change our
neighborhood permanently. The land would never be reverted to any other kind of use after
being developed for a gas station and auto service station.
There is a perfectly good gas station with a service station within 2 miles of this proposed
building site. Believe me when I say it fulfills this neighborhood's needs sufficiently and in full. I
understand that the proposed use of land must be proven to be of service to the surrounding
neighborhood. In no way does this planned development serve the neighborhood's best
interests. Even if the development did not include a car wash (which will add considerable
noise to the neighborhood), it would face passionate opposition from those of us who live
near the site. Please. We are Eden Prairie landowners, too. It is very troubling to think that our
voices are not being heard and that someone who does not even live in the area can change
our neighborhood against our wishes. We will be the ones living with the noise, the added
traffic, and the (potentially, and likely) decreased property values.
One of my neighbors told me that a traffic study was done, to determine likely congestion
levels around the site. Are we correct in understanding that the study was done during the
heart of COVID-19 lockdown? Even if it were to be conducted today, traffic levels are still not
where they were 2 years ago. You cannot compare congestion levels when there is an active
pandemic constricting social activity.
If the landowner wants to sell to a company that would actually provide a welcome service to
the neighborhood, I suggest he consider a coffee shop, a bakery, a salon, or a restaurant.
These kinds of services would add value to the neighborhood. A gas station and service station
would absolutely not.
Thank you for passing these words to your City Council meeting packet for consideration. I will
not be able to attend the Public Hearing in person. We will continue to voice our opposition to
this proposal in every way. There are no changes that could be made to the proposal which
would change our positions on this.
Regards,
Gabrielle Feivor
Cell: 612-710-1585
Ron & Michelle Veith
9691 Belmont Lane
Eden Prairie, MN 55347
August 10, 2021
To: Eden Prairie City Council
Subject: Proposed Holiday Convenience Store & Auto Care World Service Center
Our Bluff Country Village Condominium unit is located across from the current commercial building, with Breezy Way the road
running between the two properties. We have concerns regarding the proposed development. In particular, the affect it will
have on the traffic flow on Hennepin Town Road and in particular, the entrance/exit onto Breezy Way.
Customers exiting at Breezy Way and turning left, would be able to loop around Bluff Country Village homes to get to the
Belmont Lane Exit at Hennepin Town Road. Southbound traffic on Hennepin Town Road frequently backs up north of Belmont
Lane. Customers of the gas station can bypass the traffic and loop around Belmont Lane to enter at Breezy Way. This business
traffic will have access to the private streets of Bluff Country Village, which are paid for and maintained by the homeowners.
The developer offered only in-person on site meetings, during winter weather. At the April 8th site meeting, they described the
Breezy Way entrance as being required by the city for an emergency exit should the main entrance be blocked. In fact, it is a full
access entrance/exit to the proposed business development.
We attended the June 14th Planning Commission meeting, at which time the Commission unanimously voted not to approve the
project as submitted. They commented on the developers’ lack of outreach effort to the neighborhood and the Bluff Country
Village Condominium, Townhome and Master Associations. The city Planner stated in her recommendations for final approval
the developer would need to “provide copies of legal documents, either in Homeowners Association format or private covenant
and agreement format and to be approved by the City that addresses use and maintenance of joint properties and roads.” To
date, the developer has made no effort to communicate with Bluff Country associations to discuss our concerns or the
agreement necessary for project approval. Instead, their response is to go directly to the City Council with a slightly new plan. To
date, no updated plans have been made available to the public.
Below is the closing paragraph as submitted in the project application narrative dated 4/16/2021.
From the beginning, this developer has pushed for approval of the Holiday Convenience Store & Auto Care World Service Center
project, while avoiding any meaningful, accurate or timely communication with the parties directly impacted. Their actions are
not those of a business who claims to be a great supporter of Eden Prairie residents. This proposed project is not suitable for the
lot or the community. The City Council and the residents they represent should expect more from developers who profess a
desire to be a contributing asset to the great city of Eden Prairie.
Thank you for your consideration.
Michelle & Ron Veith
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
August 17, 2021
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/ Julie Klima
ITEM DESCRIPTION:
Asian Plaza
ITEM NO.:
IX.B.
Requested Action Move to:
• Close the Public Hearing; and
• Adopt a Resolution for a Planned Unit Development Concept Review on 4.68 acres
• Approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with waivers on 4.68 acres
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions
Synopsis The applicant is proposing to repurpose the former Gander Mountain property. The property
would be used as a retail center with tenant spaces including retail, restaurants and offices. Specifically, the plans include a large main level Asian grocery store with several tenant spaces and Asian themed food services. The building currently includes a mezzanine area measuring 16,750 square feet in size. The
applicant is proposing to expand the mezzanine area to provide an additional 15,550 square feet of floor area. This increase in floor area requires an increase in parking to be provided on site in order to comply with City Code parking requirements. The applicant is requesting a waiver to the parking requirements to allow the additional floor
area to be added without constructing additional parking stalls at this time. The applicant has completed a traffic analysis for their business which concluded that the existing parking is sufficient to support their business need. The applicant is also proposing to utilize a shuttle service to the site for employees to help maximize parking availability for customers. In the event that the existing parking proves insufficient, the applicant has agreed to construct
structured parking on site. Staff recommends that the Development Agreement include language that allows the City the discretion to determine the timing and the amount of structured parking that is necessary to be constructed. Similar language has been included in the approvals for other properties in commercial and industrial zones.
As part of the repurposing of the site, the applicant is also requesting approval of a façade remodel and site improvements to reflect the new proposed uses.
Site Plan
The applicant is proposing the following changes to the site plan: 1. Pedestrian crossing at building entrance and from the underground garage parking; 2. Conversion of a parking island area to pervious surface from impervious surface with addition of landscaping material;
3. Pedestrian connection in the parking lot to provide designated pedestrian walkway;
4. Addition of bicycle parking; 5. EV parking stalls; 6. Façade remodel including painting, and building updates to provide Asian themed architecture.
The applicant has also noted on the plans and in the narrative, the future potential of constructing a pavilion in front of the building. The site is located within the Shoreland zone which limits the amount of impervious surface. If the applicant decides to move forward with the pavilion construction, it may require review and approval through a public process to address the increase
in impervious surface. The pavilion is shown for illustrative purposes only and is not being
considered for review or approval at this time. The Development Agreement would include language addressing the potential future construction of a pavilion and necessary review process. Proposed East Elevation
Proposed Site Plan
Planned Development Waivers
As a part of the PUD process, the applicant is seeking a waiver to City Code requirements as outlined below. 1. On site parking. This property is required to provide 4.5 parking stalls per 1,000 square feet of floor area for retail uses based a previous PUD approval and parking for restaurant uses consistent with City Code requirements. Based on the proposed uses and size of the building, the site is required to have
386 parking stalls. The applicant is requesting a waiver to allow 294 parking stalls on site (217 surface stalls and 77 underground garage stalls). The applicant has agreed that if the existing parking is insufficient that structured parking will be constructed on site. The Development Agreement will include language to address this.
Sustainable Features The applicant is proposing the provision of 2 EV charging stations with the option to add 2 more
in the future. The site will also include bike racks and will convert an existing impervious parking island to a landscaped island consistent with City Code. Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the June 28, 2021 meeting. Attachments 1. Ordinance for PUD District Review 2. Resolution for PUD Concept 3. Staff Report 4. Guide Plan Map 5. Zoning Map
6. Aerial Photo 7. Planning Commission Minutes
ASIAN PLAZA
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2021-PUD-_-2021
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 -2021-PUD-_-2021 (hereinafter "PUD-_-2021”).
Section 3. The City Council hereby makes the following findings: A. PUD-_-2021 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-_-2021 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-_-2021 are justified by the design of the
development described therein.
D. PUD-_-2021 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-
_-2021 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 _____, 2021 entered into between Xing Zhao, and the City
of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2021, 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 17th Day of August, 2021, 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 ___,
2021. ATTEST:
__________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on _____, 2021.
EXHIBIT A
PUD Legal Description Legal Description Lot 1, Block 1, Gander Mountain, Hennepin County, Minnesota. Abstract Property
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF ASIAN PLAZA
FOR XING ZHAO
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on June 28, 2021,
on Asian Plaza by Xing Zhao 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 17, 2021.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Asian Plaza, 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 5, 2021.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated June 28, 2021.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of August, 2021.
_______________________ Ronald A. Case, Mayor
ATTEST:
________________________ Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept
Legal Description:
Lot 1, Block 1, Gander Mountain, Hennepin County, Minnesota. Abstract Property
STAFF REPORT
TO: Planning Commission FROM: Julie Klima, City Planner
DATE: June 25, 2020
SUBJECT: Asian Plaza
LOCATION: 12160 Technology Drive
APPLICANT:
Xing Zhao
OWNERS: Xing Zhao
120 DAY REVIEW: September 20, 2021
REQUEST: 1. Planned Unit Development Concept Review on 4.68 acres 2. Planned Unit Development District Review with waivers on 4.68 acres
3. Site Plan Review on 4.68 acres
BACKGROUND The applicant is proposing to repurpose the former Gander Mountain property. The property would be used as a retail center with tenant spaces including retail, restaurants and offices. Specifically, the plans include a large main level Asian grocery store with several tenant spaces and Asian themed
food services.
The building currently includes a mezzanine area measuring 16,750 square feet in size. The
applicant is proposing to expand the mezzanine area to provide an additional 15,550 square feet of floor area. This increase in floor area requires an increase in parking to be provided on site in order to comply with City Code parking requirements. As a result, the applicant is requesting a waiver to
the parking requirements to allow the additional floor area to be added without constructing
additional parking stalls at this time.
As part of the repurposing of the site, the applicant is requesting approval of a façade remodel and
site improvements to reflect the new proposed uses.
CURRENT PROPOSAL
When the original PUD was reviewed and approved for the construction of the Gander Mountain
site, a waiver to allow 4.5 stalls/1,000 square feet of floor area was approved rather than the 5/1,000
required by City Code. This waiver to reduce parking requirements for big box retail sites is
consistent with previous waivers that have been granted on a site by site basis. On this site, there are a total of 294 parking stalls (217 surface parking stalls and 77 parking stalls in an underground
Staff Report – Asian Plaza
June 25, 2021 Page 2
2
garage accessible on the north side of the building).
The additional 15,550 square feet of floor area would require additional parking stalls be provided in
order to comply with City Code. Because the applicant is proposing to use the building for a mix of
restaurant and retail uses, the overall parking requirements needed to be recalculated because City
Code provides different metrics of parking requirements for retail uses and restaurants. Parking for retail uses is calculated based on square footage of floor area and parking for restaurants is calculated based on the number of seats and type of restaurant proposed.
The applicant has provided detailed plans of how the interior spaces will be used. Based on the
proposed use of the building and additional floor area proposed, a total of 386 parking stalls would
be required. Development of the site is largely maximized and there is not area to provide additional
surface parking. The applicant is requesting a PUD waiver to allow the current 294 parking stalls on site to serve the proposed use. As a reference point for the Commission, if calculated as solely retail space this would equate to 3.67 parking spaces per 1,000 square feet of floor area.
Existing Condition
The applicant proposes that based on the traffic analysis completed for their business, that the
existing parking is sufficient to support their business need. The applicant is also proposing to utilize a shuttle serve to the site for employees to help maximize parking availability for customers. In the event that the existing parking proves insufficient, the applicant has agreed to construct
structured parking on site. Staff recommends that the Development Agreement include language that
Staff Report – Asian Plaza
June 25, 2021 Page 3
3
allows the City the discretion to determine the timing and the amount of structured parking that is necessary to be constructed. Similar language has been included in the approvals for other properties
in commercial and industrial zones.
The applicant is also proposing site improvements and a façade remodel. The site improvements
include creating a pedestrian crossing area at the main entrance to the building and a pedestrian walkway through the parking lot to enhance pedestrian connectivity and safety. The proposed façade improvements meet and exceed City Code building material and architectural standards.
COMPREHENSIVE PLAN & ZONING
The site is currently guided for Regional Commercial development and is zoned Commercial-
Regional-Services (C-Reg-Ser). No zoning change is proposed at this time.
The property is bordered by Highway 212 to the north and east, Technology Drive to the south, and an Xcel substation to the west.
SITE PLAN
The applicant is proposing the following changes to the site plan:
1. Pedestrian crossing at building entrance and from the underground garage parking; 2. Conversion of a parking island area to pervious surface from impervious surface with addition of landscaping material;
3. Pedestrian connection in the parking lot to provide designated pedestrian walkway;
4. Addition of bicycle parking;
5. EV parking stalls;
6. Façade remodel including painting, and building updates to provide Asian themed architecture.
The applicant has also noted on the plans and in the narrative, the future potential of constructing a
pavilion in front of the building. The site is located within the Shoreland zone which limits the
amount of impervious surface. If the applicant decides to move forward with the pavilion
construction, it may require review and approval through a public process to address the increase in impervious surface. The pavilion is shown for illustrative purposes only and is not being considered for review or approval at this time. The Development Agreement would include language
addressing the potential future construction of a pavilion and necessary review process.
Staff Report – Asian Plaza
June 25, 2021 Page 4
4
Proposed Site Plan
Staff Report – Asian Plaza
June 25, 2021 Page 5
5
Existing East Elevation
Proposed East Elevation
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.
PLANNED UNIT DEVELOPMENT WAIVER
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.
Staff Report – Asian Plaza
June 25, 2021 Page 6
6
As a part of the PUD process, the applicant is seeking a waiver to City Code requirements for the proposed project as outlined below.
1. On site parking. This property is required to provide 4.5 parking stalls per 1,000 square feet of floor area for retail
uses and parking for restaurant uses consistent with City Code requirements. Based on the proposed
uses and size of the building, the site is required to have 386 parking stalls. The applicant is requesting a waiver to allow 294 parking stalls on site (217 surface stalls and 77 underground
garage stalls). The applicant has agreed that if the existing parking is insufficient that structured parking will be constructed on site. The Development Agreement will include language to address
this.
STAFF RECOMMENDATION Recommend approval of the following request:
• Planned Unit Development Concept Review on 4.68 acres
• Planned Unit Development District Review with waivers on 4.68 acres
• Site Plan Review on 4.68 acres This is based on plans stamp dated June 15, 2021, staff report dated June 25, 2021, and the
following conditions:
Prior to issuance of a building permit the following items will need to be addressed:
1. Submit a landscaping letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping.
The following waivers are granted through the PUD for the project as indicated in the plans
stamp dated June 15, 2021.
1. On site parking to allow 294 spaces rather than the City Code requirement of 386 subject
to conditions to be outlined in the Development Agreement.
Lake Idlewild
SITE
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: Asian PlazaAddress: 12160 Technology Drive
Eden 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
380 0 380190 Feet
Date Approved: 10-01-2019
Technology Drive
Hwy 212
494
SITE
§¨¦494
£¤212
TECHNOLOGY DR
T O W N C E N T E R P L GLEN LN
P L A Z A D R
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.
¯
Up dated through approved Ordinances #26-2008
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: Asian Plaza
Address: 12160 Technology 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
SITE
Technology Drive
Aerial Map: Asian Plaza
Address: 12160 Technology DriveEden Prairie, Minnesota 55344
0 160 32080 Feet
¯
Hwy 212
Hwy 494
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JUNE 28, 2021 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,
William Gooding, Robert Taylor
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 Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Absent were commission members Taylor and Mette.
III. APPROVAL OF AGENDA
MOTION: DeSanctis moved, seconded by Higgins to approve the agenda. MOTION
CARRIED 7-0.
IV. MINUTES
MOTION: Kirk moved, seconded by DeSanctis to approve the minutes of June 14, 2021.
MOTION CARRIED 7-0.
V. PUBLIC HEARINGS
A. ASIAN PLAZA (2021-06) Request for:
• Planned Unit Development Concept Review on 4.68 acres
• Planned Unit Development District Review with waivers on 4.68 acres
• Site Plan Review on 4.68 acres
Jay Isenberg, consulting architect, presented a PowerPoint and detailed the
application. This was an adaptive reuse of the former Gander Mountain site. Isenberg displayed the first-floor plan for the Asian grocery store, restaurant, and office/retail spaces. The second-floor plan included a mezzanine, a food court, two restaurants, and multiple small tenant retail/office spaces. He explained the
PLANNING COMMISSION MINUTES June 28, 2021
Page 2
parking plan and the sustainability features. The façade would be improved, and
the pedestrian walkway, the lower-level entry, and the main entry would be striped for greater safety. Bike racks would be added and two EV stations would be provided, with the potential for four total. Landscaping would include converting an existing impervious island to a green parking island. There are
currently 77 underground parking spaces and 217 surface parking stalls. There
was also the potential for a rooftop solar array. The mezzanine addition and required parking triggered a traffic study. This study concluded the parking demand would be accommodated through the existing spaces and there would be no impact on the surrounding properties and/or roadways. Isenberg displayed the
proposed colors and materials for the façade improvements. He contrasted this
with a view of the current site. The proposed signage would have to go through the approval process at a later date. Farr asked if the improved vehicular circulation plan included signage to the
underground parking. Isenberg replied the entire wayfinding signage piece was
not included tonight, but the intention was to provide wayfinding signage, and the owners would run a shuttle service for employees. Farr asked for the parking calculations. Isenberg replied he thought it was included in the commission packets, and Klima agreed to provide that to the commission members.
Klima presented the staff report. The applicant proposed to repurpose the former Gander Mountain property. The property would be used as a retail center with tenant spaces including retail, restaurants and offices. The applicant was requesting a PUD waiver to allow the current 294 parking stalls on site to serve
the proposed use. In the event that the existing parking proves insufficient, the
applicant had agreed to construct structured parking on site. Staff recommended that the Development Agreement include language that allowed the City the discretion to determine the timing and the amount of structured parking that is necessary to be constructed. Similar language has been included in the approvals
for other properties in commercial and industrial zones.
The applicant also proposed site improvements and a façade remodel. These included creating a pedestrian crossing area at the main entrance to the building and a pedestrian walkway through the parking lot to enhance pedestrian
connectivity and safety. The pavilion was for illustrative purposes only and would
not be constructed at this time. The proposed façade improvements met and exceeded City Code building material and architectural standards. Staff recommended approval of the application.
DeSanctis asked if there was a long-term plan for the City to provide a shuttle service to allow people to park in the future transit station and shuttle over to this site. Klima replied there were no conversations about this potential at this time.
PLANNING COMMISSION MINUTES June 28, 2021
Page 3
Pieper asked staff to explain the difference between what the Code required for
parking versus what was being proposed. Klima replied the Gander site was retail use that received a waiver to reduce the required parking at the time the building was constructed. This reuse site proposed retail and restaurants, which complicated the parking calculation. The applicant was helpful in providing the
numbers for a mixed-use site.
Farr acknowledged there were different uses at this site and asked if staff was confident in the Alliant Engineering findings. Rue replied he had reviewed the report and it made reasonable sense in analyzing both the parking and the traffic
demand. The multiple different uses in this area generated different traffic peaks,
which combined did not exceed the 294 proposed parking stalls. The hypothetical weekday maximum demand was 280 vehicles, and the Saturday hypothetical peak was 292. Peak hours were 220 vehicles for a weekday and 226 for a Saturday. Maximums were variable, due to the proposed mixed use.
Farr asked if the study included employees parking in the area. Klima replied it took into account 15-20 employees being shuttled in. Farr expressed concern about the number of parking stalls and stated a parking ramp should be a last resort. Klima replied if the City received complaints about parking or circulation
staff would follow up on this with the property owner. Farr asked for and received
confirmation that if the parking deck was required it would require stormwater management since the impervious surface would be increased, but that was not the case in this application.
Kirk stated he had thought about this development and the topic of parking, he
had this question: Would it impact the streets and parking flow? He found it would not; people would simply choose not to park here. This would therefore potentially impact the business, forcing the owner to make a change.
DeSanctis noted there would be a nearby light rail station and asked how the City
could link this with commercial services. Klima replied with the upcoming opening of the LRT there were potentials for pedestrian connections and the City had secured a grant from Hennepin County for pedestrian connections. There were also long-term plans for a future north-south roadway connection.
Klima presented the staff report.
MOTION: Gooding moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 7-0.
Markos agreed that a parking ramp should be a final resort and she appreciated the developer was willing to work with the City on parking. She commended the mixed-use idea and the grocery store. In all, she thought the developer had worked well with staff and agreed the parking was a business issue, outside the purview of the commission. Gooding stated it would be a mistake for a business
PLANNING COMMISSION MINUTES June 28, 2021
Page 4
to undercount its parking. He also commended the design. Higgins concurred, and
added the development process included knowledge of the behavior of customers. Farr also commended the project as a regional draw, not just an amenity for the City of Eden Prairie. He thanked the developer for choosing Eden Prairie. The lower-level parking could have electronic sensors that display how many stalls
were still available, and he suggested the developer incorporate those. Kirk stated
he agreed with Markos’s summation and commended the project. DeSanctis praised the potential inclusion of a solar array. MOTION: Farr moved, seconded by Kirk to recommend approval of the Planned
Unit Development Concept Review on 4.68 acres, Planned Unit Development
District Review with waivers on 4.68 acres, and Site Plan Review on 4.68 acres, based on plans stamped dated June 15, 2021 and the staff report dated June 25, 2021. MOTION CARRIED 7-0.
B. BURGER KING
Request for:
• Planned Unit Development Concept Review on 1.34 acres
• Planned Unit Development District Review with waivers on 1.34 acres
• Site Plan Review on 1.34 acres John Kaiser, with Cave Enterprises Operation LLC, presented a PowerPoint and
detailed the application. He explained the previous operator of the site, which included nine restaurants, experienced financial distress and ceased to operate. He had been interested in this site for three years and the application had experienced delays. He explained Cave Enterprises Operation LLC was a franchisee of the Burger King restaurant brand that was based in Chicago and operated 10 Burger
King restaurants in Minnesota. This was a private family-owned business since 1999. His team worked with the brand to develop its image and new prototype building design. This development would be one of the first built. He displayed renderings of the elevation and stated he had worked with staff on
the site plan and building design. This represented a departure with an intent to expand the glass and bring natural light into the building, giving it a more contemporary feel. He also displayed the layout of the play structure. The use was similar to its previous use (Burger King). The floor plan would accommodate 66 seats and offer multiple-occupant restrooms and an ergonomic design. The site
plan was a complete rethinking of the site rather than a remodel. Asphalt was reduced and the landscape plan adjusted. The stormwater would be handled by a bio-infiltration pond. He displayed the utilities plan and explained the sustainability features: base materials would be reused, impervious surfaces were reduced, vehicle parking stalls were reduced and bicycle parking provided, and a
new building would be constructed to exceed the new energy code requirements. Native plants and pervious pavers would be included, along with a white
PLANNING COMMISSION MINUTES June 28, 2021
Page 5
reflective membrane roof system and high efficiency rooftop mechanical units
and LED lighting. DeSanctis asked if he had consulted with the City Arborist regarding the choice of trees. The proposed Colorado Spruce were not native to the City and did not fare
well here. Kaiser thanked DeSanctis and stated he would look into this. Bourne
stated the landscape plan was reviewed by staff and Colorado Spruce were often used in this area, although the dry year had challenged them. Farr stated the neighboring Starbucks would utilize this site to ingress and egress
and asked how this would be accommodated. Kaiser replied the new site plan and
Starbucks’ traffic were compatible while creating a nice separation between the two properties. This development would provide an easement for their crosswalk and sidewalk. He anticipated no “morning rush” of traffic for the Burger King.
DeSanctis asked if a summer convergence for visiting progressive businesses
(Burger King, Starbucks, ice cream businesses) could create a parking queue as he had seen in Chanhassen and asked if a traffic analysis had been done. Rue replied none was done because this was a reuse, although the issue of combined uses was an important one. The double-lanes of drive-through at the Burger King should
alleviate queueing length. Kaiser added breakfast was actually the slowest
business part, whereas Starbucks experienced its peak traffic then. Traffic for this Burger King picked up after 11:00 a.m. Higgins stated this development would be a good resource for the residential
housing down the road. Since the Burger King had been closed for some time, this
active one would disburse some of the business. Klima presented the staff report. The applicant proposed to raze the site and build a new building and parking lot. There was currently 70 percent impervious
surface and this property was in the Shoreland District, limiting it to 30 percent.
The applicant aimed to reduce the impervious surface to 48 percent. The outdoor play area would be constructed on the north side and the stormwater infiltration pond on the east side. Building materials and architecture were in keeping with City Code. Three waivers were requested: 48 percent instead of 30 percent
impervious surface area, ground sign setback from 20 to 16 feet, and a menu
board sign size. Staff did not recommend approval of the waiver for the sign setback. The landscaping plan met City Code requirement as to the number of native plants but not the size requirement, and this needed to be increased. Otherwise, staff recommended approval.
Farr asked if a playground extended customer stay time to the extent that parking stalls would become crowded, and Klima replied it would not. Playlands were included in multiple fast-food chains, and she was not familiar of different parking requirements associated to these. Farr stated there was no bypass lane in
PLANNING COMMISSION MINUTES June 28, 2021
Page 6
the drive-through. He asked if there was a City policy regarding a dead-end
parking lot that didn’t allow drivers to make a three-point turn to exit the drive-through. Rue replied he was not quite sure how to answer; most had bypass lanes, but this development did not have one. There was, however, room to bypass the drive-through lanes, and once a driver was past the menu boards there was a
bypass lane. Widening the outside lane could be a solution. Farr suggested a
striped-off area to allow a driver to back into an unused parking stall to make a three-point turn egress. Farr also expressed concern that the menu board could turn into an LED billboard and asked if there was a prohibition against this. Klima replied the City was unable to regulate sign content due to a U.S. Supreme Court
ruling.
MOTION: Higgins moved, seconded by Markos to close the public hearing. MOTION CARRIED 7-0.
Markos stated she would like to see more plantings year-round for greater
blocking, especially at the playground and the drive-through electronic menu boards. She recommended evergreen trees. She commended the reduction of impervious surfaces and the building design. She agreed this would disburse some of the business in the area with the opening of this site. She found this to be a
great improvement versus what was there, despite her concerns about parking and
the drive-throughs. Kirk concurred and commended the decrease in impervious surfaces and the infiltration pond. MOTION: Kirk moved, seconded by DeSanctis to recommend approval of the
Planned Unit Development Concept Review on 1.34 acres; Planned Unit
Development District Review with waivers on 1.34 acres, and Site Plan Review on 1.34 acres based on plans stamp dated June 21, 2021 and the staff report dated June 21, 2021. MOTION CARRIED 7-0.
PLANNERS’ REPORT
MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Higgins moved, seconded by Gooding to adjourn. MOTION CARRIED 7-0. The meeting was adjourned at 8:12 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
August 17, 2021
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/ Sarah Strain
ITEM DESCRIPTION:
Burger King
ITEM NO.:
IX.C.
Requested Action Move to:
• Close the Public Hearing; and
• Adopt a Resolution for a Planned Unit Development Concept Review on 1.34 acres
• Approve the 1st Reading of an Ordinance for Planned Unit Development District Review with waivers on 1.34 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 Burger King at the request of the Developer subject to the conditions outlined in the Permit.
• Authorize the issuance of an early Footing and Foundation Permit for Burger King at the
request of the Developer subject to the conditions outlined in the permit Synopsis The applicant is requesting approval to construct a Burger King restaurant with two (2) drive
thru lanes at 16345 Terrey Pine Drive. The property is located at the corner of Eden Prairie Road
and Highway 5. The property is zoned Hwy-Commercial and is guided for commercial use. The applicant is requesting PUD waivers. The previous use on the property was a Burger King restaurant, which is currently vacant. Adjacent uses include commercial to the east and south and Highway 5 to the north. The applicant is proposing to demolish the existing restaurant building
to construct the new restaurant building. The proposed building is approximately 3,280 square
feet. Site Plan The proposed site plan includes two (2) drive thru lanes on the north side of the site, facing
Highway 5. Patrons will pick up their orders on the west side of the building, facing Eden Prairie
Road. This site configuration is the same as the current conditions. The building will be separated from the property to the east by a landscaped stormwater basin. This area is currently parking lot. The applicant is proposing to reduce the total number of parking stalls on the site to remove excess, unused spaces and to reduce the amount of impervious surface on the site. The
proposed number of stalls on the site meets City Code requirements.
The site is also proposing to add a playground on the north side of the building, located between the building and the drive-thru lanes. The playground will be complimentary to the building colors, and the structure meets all setback requirements. The playground will be enclosed with
fencing with patrons using the building as the main point of access to and from the playground.
Outdoor seating will be provided within the enclosed playground area.
Building Architecture and Materials The building materials include two (2) different colors of brick and glass, which are Class I materials. The building will also have fiber cement cedar siding as a screening and decorative
element, which is a Class II material. A metal parapet will provide rooftop mechanical
equipment screening. Each façade exceeds the requirement of providing 75% Class I material. Planned Development Waivers The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a
more creative and efficient approach to the use of land within the City; to allow variety in the
types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The applicant is requesting the following waivers: A. Impervious Area
The property is located within a Shoreland area. City Code allows a maximum impervious surface of 30%. The site currently has an impervious surface of 70.5%. The proposed development reduces the impervious surface to 48.3%. The waiver allows an impervious surface of 48.3%.
Based on staff and Planning Commission review, the following findings are proposed with regard to the waiver for the amount of impervious surface in the Shoreland:
• The waiver is consistent with the land use designation of Commercial in the
Comprehensive Plan. This area is commercial in nature, is near other commercial
and industrial properties, and is appropriate for more intense uses that do not impact differing land uses.
• The waiver is in harmony with the general purpose and intent of the Shoreland
ordinance. The proposed project is at the outer limits of the 1,000 foot buffer
around Mitchell Lake. This project is not expected to have an impact on the environmental value of the lake and is reducing the amount of impervious surface from current conditions. The stormwater management and the use of pervious pavement will help preserve the quality of the public water while allowing for
utilization of the property.
• There are circumstances unique to the property, such as needing to provide vehicular access to the adjacent landlocked property, which are not created by the landowner and creates the need for additional pavement. The site already exceeds the maximum 30% impervious coverage. The existing building was constructed
prior to the adoption of the Shoreland Code in 1983.
• Approval of the waiver is consistent with the essential character of the locality. The site is surrounded by commercial and industrial uses. There are other drive thru uses in the vicinity.
• The drive thru restaurant is a reasonable use of the property due to measures being taken to manage stormwater. The current use of the site is a drive thru restaurant.
B. Ground Sign Location City Code requires monument signs be located a minimum of 20 feet from the highway
right-of-way. The applicant is proposing to use the existing pylon sign in its current location. The sign is located approximately 16 feet from the highway right-of-way. The original sign met the setback requirements when it was approved in 1983. However, road expansion projects on both Highway 5 and Eden Prairie Road/County Road 4 have
needed additional right-of-way, shifting the property lines and making the existing sign
location non-conforming. A non-conforming structure can continue to be used in its current configuration, maintained, and repaired. Any expansion of the sign would require it to become
conforming in regard to setbacks. As proposed, the signs the applicant is proposing to
install on the pylon structure meet City Code requirements and do not expand the current use of the sign. Therefore, the waiver request for the location of the pylon sign is not necessary to continue to the use of the sign. Staff recommends the waiver request for the ground sign location not be approved since the sign structure can be used as proposed by
the applicant through its non-conforming status.
C. Menu Board Size City Code allows up to 32 square feet of menu board signage. The applicant is proposing a total of 45 square feet for two (2) menu boards. Each menu board is proposed to be 22
square feet. Each drive thru lane will have one (1) menu board.
Sidewalks The applicant is proposing to construct a sidewalk along Terrey Pine Drive to connect the site to the signalized intersection at Eden Prairie Road. There will also be a sidewalk in the southeast
portion of the property to provide connection to the recently approved drive thru coffee shop.
This segment of sidewalk will be constructed by the coffee shop developer. Drainage A new bioinfiltration basin will be located in the northeast portion of the site to manage
stormwater. The project will be reducing impervious surface coverage by 22 percent. There is
currently no stormwater management on the site. Signs The applicant is proposing to use the existing pylon sign located at the intersection of Eden
Prairie Road and Highway 5. The sign is closer than 20 feet from the right-of-way. When the
sign was originally approved, it met setback requirements. However, the sign no longer meets the 20 feet setback requirement due to road expansion projects and is considered nonconforming. The proposed signs on the pylon meet City Code requirements and are allowed within the sign’s nonconforming status.
A wavier for the location of the pylon sign was requested as part of the application. However, the waiver is not needed to implement the proposed sign plan. At Planning Commission, staff recommended the waiver request for the ground sign location not be approved since the nonconforming status allows the sign to exist in the same location, and the proposed sign plan
meets City Code requirements. Planning Commission recommended this waiver not be approved
as part of their recommendation for approval of the overall project.
The applicant is also seeking a waiver request for the size of the menu board signs to allow 45 square feet of menu board signage. City Code allows up to 32 square feet of menu board signage on a property.
All other proposed signs will require review and approval through the sign permit process and compliance with Section 11.70. SUSTAINABLE FEATURES The applicant is providing a several sustainable features. Highlights of these features include:
• Reduction in impervious surface coverage
• Bicycle parking
• Pervious pavers will be used for the exterior play structure patio
• New building construction that will exceed the new energy code requirements
• A white reflective membrane roof system to reduce building energy costs and urban heat island effects
• All lighting components will be LED, DLC, or DLC Premium
• Low volume water faucets, flush valves, and motion sensor lighting for interior fixtures
• Floor and wall tile will be made from recycled material
Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of the project at the June 28, 2021 meeting. This includes recommendation for the PUD waivers for impervious area and menu
board size. Planning Commission did not recommend approval of the ground sign location
waiver, consistent with staff’s recommendation and the staff report dated June 28, 2021. The Planning Commission asked the applicant to review the landscape screening of the drive thru lane. The applicant has revised the landscape plan to include additional shrubs for screening
between Hwy 5 and the drive thru lane. Prior to first reading, the applicant was required to revise
the landscape plan to meet tree size requirements and to relocate the fire department connection (FDC) for easier access. Both of these changes have been made and approved by City staff. Attachments
1. Resolution for PUD Concept Review 2. Ordinance for PUD with waivers 3. Staff Report 4. Land Use Map
5. Zoning Map
6. Aerial photo 7. Planning Commission Minutes
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF BURGER KING
FOR CAVE ENTERPRISES OPERATIONS, LLC
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on June 28, 2021,
on Burger King by Cave Enterprises Operations, 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 17, 2021.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Burger King, 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 9, 2021.
3. That the PUD Concept meets the recommendations of the Planning Commission
dated June 28, 2021.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of August, 2021.
_______________________
Ronald A. Case, Mayor
ATTEST:
______________________________ Kathleen Porta, City Clerk
EXHIBIT A
PUD Concept
Legal Description:
Lot 1, Block 1, Burger King Eden Prairie Addition, Hennepin County, Minnesota.
BURGER KING
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2021-PUD-_-2021
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-HWY Zoning District as -2021-PUD-_-2021 (hereinafter "PUD-_-2021”).
Section 3. The City Council hereby makes the following findings: A. PUD-_-2021 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-_-2021 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-_-2021 are justified by the design of the
development described therein.
D. PUD-_-2021 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-HWY Zoning District as Planned Unit Development PUD-_-
2021 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 _____, 2021 entered into between Cave Enterprises
Operations, a limited liability company, and the City of Eden Prairie (hereinafter “Development
Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2021
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
17th Day of August 2021, 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 ___, 2021.
ATTEST: __________________________________ ___________________________________
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on _____, 2021.
EXHIBIT A
PUD Legal Description Lot 1, Block 1, Burger King Eden Prairie Addition, Hennepin County, Minnesota.
STAFF REPORT
TO: Planning Commission FROM: Sarah Strain, Planner I
DATE: June 28, 2021
SUBJECT: Burger King
LOCATION: 16345 Terrey Pine Drive
120- DAY REVIEW September 24, 2021
PERIOD: REQUEST: • Planned Unit Development Concept Review on 1.34 acres
• Planned Unit Development District Review with waivers on 1.34 acres
• Site Plan Review on 1.34 acres
BACKGROUND The applicant is requesting approval to construct a Burger King restaurant with two (2) drive through
lanes at 16345 Terrey Pine Drive. The property is located at the corner of Eden Prairie Road and
Highway 5 and is 1.34 acres. The site is currently a Burger King restaurant that has been vacant for
the past few years. Adjacent uses include commercial to the east and south and Highway 5 to the
north. The property is zoned Highway Commercial and is guided for Commercial use in the 2040 Land Use plan.
The applicant is proposing to demolish the existing building to construct the new restaurant building.
The approximately 3,280 square foot building will update the restaurant to be more compatible with
the modern branding while meeting Eden Prairie architectural standards. The restaurant will provide
drive through service with two (2) lanes. The site is also proposing to add an outdoor playground on
the north side of the building. Outdoor seating will be provided within the enclosed playground area. The property is located in the Shoreland Overlay Zone, as it is within 1,000 feet of Mitchell Lake.
Properties within the Shoreland are limited to 30% impervious surface coverage. The current
impervious coverage on the site is 70.5%. Since the existing building was constructed prior to the
adoption of the Shoreland Code, the site is non-conforming. The proposed impervious surface
coverage on the site will be decreased by 13,108 square feet for a total impervious surface coverage of 48.3%. The applicant is requesting a PUD waiver to allow impervious surface to exceed 30%.
Staff Report – Burger King
Page 2
2
SITE PLAN
The proposed restaurant will provide drive through service with two (2) lanes on the north side of the
site, facing Highway 5. Drive through customers will pick up orders on the west side of the building,
facing Eden Prairie Road. Parking will be provided east of the proposed building. The building will be separated from the property to the east by a landscaped stormwater basin. Since the site is a similar layout to the existing conditions, and the proposed use is unchanged, there are no traffic
concerns.
The site provides parking to meet
City Code requirements. The current site provides a large surplus of parking, and the applicant is
proposing to reduce parking to better
align with City Code requirements
and business needs. The surplus
parking area will be converted to stormwater management and provide landscaping and open space. As a result of decreasing the parking, the
landscaped and open space area of
the site is proposed to increase from
29.5% to 51.7%.
The site is also proposing to add a playground on the north side of the
building, shown in the images on
the following page. The playground
will be complimentary to the
building colors. A playground is a permitted accessory use in the Highway Commercial zoning
district, and the structure meets all
setback requirements. The
playground will be enclosed with fencing with patrons using the building as the main point of
access to and from the playground. Outdoor seating will be provided within the enclosed playground area. The applicant is proposing to use permeable pavers in the patio portion of the playground space to reduce the impervious surface coverage of the site.
Play Area
Bioinfiltration
Basin
Staff Report – Burger King
Page 3
3
BUILDING ARCHITECTURE AND MATERIALS The building materials include two (2) different colors of brick and glass, which are Class I
materials. The building will also feature fiber cement cedar siding as a screening and decorative
element on the front façade, which is a Class II material. A metal parapet will provide rooftop
mechanical screening. The trash enclosure is connected to the principle structure and is made of the
same materials to provide a seamless look between the structures. Each façade exceeds the requirement of providing 75% Class I material.
The drive
through
lanes and
window are located on the west
side of the
building.
Stacking
lanes for the cars wrap
around the
north side of the building facing Highway 5. The main entrance to the building is located on the east
side with the back of the building facing Terrey Pine Court. The front of the building, facing
Highway 5 is made up primarily of glass windows.
Staff Report – Burger King
Page 4
4
PLANNED UNIT DEVELOPMENT WAIVERS
The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a
more creative and efficient approach to the use of land within the City; to allow variety in the types
of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The applicant is requesting the following waivers:
A. Impervious Area
The property is located within a Shoreland area. City Code allows a maximum
impervious surface of 30%. The existing site condition is 70.5% impervious surface coverage and was approved as part of a development proposal in 1983. The proposed condition with this proposal is 48.3%. This waiver is being requested in order to provide
the parking and drive-through lanes necessary to support the restaurant use as well as a
driveway access to service the adjacent, landlocked property. The applicant is proposing a
reduced amount of parking and increase the amount of landscaped area in part to
minimize the amount of impervious surface area. This waiver is in harmony with the general purposes and intent of shoreland ordinance due to the proposed development conditions such as stormwater management techniques, enhanced landscaping plans, and
the construction of a patio with pervious surface that will preserve and enhance the
quality of public waters while allowing for utilization of the property. This waiver is
consistent with the Comprehensive Plan as the property is zoned and guided for Highway
Commercial use. There are circumstances unique to the property, such as needing to
provide vehicle access to the landlocked property to the east, which creates a need for additional impervious surface coverage. Approval of this waiver would be consistent with the essential character of the locality and is a reasonable use of the property due to
measures being taken to protect and enhance the quality and character of the shoreland.
B. Ground Sign Location City Code requires signs be located a minimum of 20 feet from the highway right-of-way. The applicant is proposing to use the existing pylon sign support in its current location. The sign is located approximately 16 feet from the highway right-of-way. The original
sign met the setback requirements when it was approved in 1983. However, road
expansion projects on both Highway 5 and Eden Prairie Road/County Road 4 have
needed additional right-of-way, shifting the property lines and making the existing sign
location non-conforming. A non-conforming structure can continue to be used in its current configuration,
maintained, and repaired. However, any expansion of the sign would require it to become
conforming in regards to setbacks. As proposed, the new signs the applicant is proposing
to install on the pylon sign meet City Code requirements and do not expand the current
use of the sign. Therefore, the waiver request for the location of the pylon sign is not
Staff Report – Burger King
Page 5
5
necessary to continue to the use of the sign. Staff is recommending denial of the ground
sign location waiver since the sign can be used as proposed by the applicant through its
non-conforming status, making the waiver unnecessary to implement the proposed sign
and site plan. C. Menu Board Size
City Code allows up to 32 square feet of menu board signage. The applicant is proposing a
total of 45 square feet for two (2) menu boards. Due to manufacturing constraints, the sizes
of the menu boards cannot be reduced. Other sites in Eden Prairie have multiple menu boards
that meet this size criteria, but it is typically one (1) full menu board and one (1) smaller “pre-menu” board highlighting specials within a singular drive through lane. With two (2) drive through lanes, it is an appropriate and reasonable use of a highway commercial
property to have two (2) full sized menu boards.
LANDSCAPE AND TREE REPLACEMENT PLAN The Landscape Plan as proposed exceeds the required caliper inches for the site. The plan includes
trees, shrubs, perennials, and grasses that provide screening of the drive through lanes, parking areas, and overall enhances the site. The applicant is using native plantings. The proposed project requires 28 caliper inches of tree replacement. Removal of the four (4) significant trees along the south
property line will allow for the construction of sidewalks serving both this property and the adjacent,
recently approved drive through coffee shop.
However, the landscape and tree replacement plan does not meet City Code requirements for the sizes of the trees. City Code allows a maximum of 80 percent of the trees planted on a site to be the minimum size (2.5 caliper inches). At least 20 percent of the tree planted on a site need to be three
(3) caliper inches or greater to meet this requirement. Prior to the first reading at City Council, the
developer shall revise the landscape plan to meet the size requirements for the trees.
SIDEWALKS AND TRAILS The applicant is proposing to construct a sidewalk along Terrey Pine Drive to connect the site to the signalized intersection at Eden Prairie Road. There will also be a sidewalk in the southeast
portion of the property to provide connection to the recently approved drive through coffee shop.
This segment of sidewalk will be constructed by the coffee shop developer, and Burger King is
working with the coffee shop developer to grant access to this portion of the site through a
sidewalk easement. This will provide improved pedestrian connections, as there are currently no sidewalks serving this segment of Terrey Pine Drive.
DRAINAGE
Stormwater management is proposed to be addressed with an onsite bioinfiltration basin located in
the northeast portion of the site. Run-off from the site is being reduced by decreasing the impervious
surface coverage onsite by 22 percent and providing stormwater storage in the bioinfiltration basin.
Staff Report – Burger King
Page 6
6
The bioinfiltration basin will also treat the site stormwater and reduce sediments. There are currently
no stormwater management or treatment facilities on the site.
SIGNS The applicant is proposing to use the existing pylon sign located at the intersection of Eden Prairie Road and Highway 5. The sign is closer than 20 feet from the right-of-way. When the sign was
originally approved, it met setback requirements. Due to road expansion projects, the sign no longer
meets the 20 feet setback requirement and is considered nonconforming. The proposed signs on the
pylon meet City Code requirements and are allowed within the sign’s non-conforming status. A
wavier for the location of the sign is not needed to implement the proposed sign and site plan. The applicant is also seeking a waiver request for the size of the menu board signs to allow 45 square
feet of menu board signage. City Code allows up to 32 square feet of menu board signage on a
property. The number of menu signs is not regulated by City Code as long as the total area of all
menu board signs is less than or equal to 32 square feet. Each proposed menu board on its own is less
than 32 square feet.
All other proposed signs will require review and approval through the sign permit process and compliance with Section 11.70.
SUSTAINABLE FEATURES The applicant is providing a several sustainable features on the site as outlined in the project
narrative. Highlights of these features include:
• Reduction in impervious surface coverage
• Bicycle parking
• Pervious pavers will be used at the exterior play structure patio
• New building construction that will exceed the new energy code requirements
• A white reflective membrane roof system to reduce building energy costs and urban heat
island effects
• All lighting components will be LED, DLC, or DLC Premium
• Low volume water faucets, flush valves, and motion sensor lighting for interior fixtures
• Floor and wall tile will be made from recycled material
STAFF RECOMMENDATION
Staff recommends approval of the following request:
• Planned Unit Development Concept Review on 1.34 acres
• Planned Unit Development District Review with waivers on 1.34 acres
• Site Plan Review on 1.34 acres
Staff Report – Burger King
Page 7
7
This is based on plans stamp dated June 21, 2021, staff report dated June 28, 2021, and the
following conditions:
1. Prior to the 1st reading by the City Council, the applicant shall: a. Revise the landscape plan to meet the size requirements for the trees. b. Revise the utility plan to relocate the fire department connection (FDC) to the
southeast corner of the building for easier access.
2. Prior to land alteration permit issuance, the applicant shall:
a. Submit detailed storm water runoff, wetland, utility, street, and erosion control
plans for review and approval by the City Engineer.
b. Obtain and provide documentation of Watershed District approval.
c. Notify the City and Watershed District 48 hours in advance of grading. d. Install erosion control at the grading limits of the property for review and approval by the City.
e. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of
the landscaping.
3. Prior to building permit issuance, the applicant shall:
a. Secure a Right-Of-Way/Utility Permit from Eden Prairie Public Works for utility work in Terrey Pine Drive
4. The following waivers are granted through the PUD for the project as indicated in the
plans stamp dates June 21, 2021:
A. Impervious Area
City Code allows a maximum impervious surface of 30%. The existing site condition is
70.5% impervious surface coverage and was approved as part of a development proposal in 1983. The proposed condition with this proposal is 48.3%. This waiver is being requested in order to provide the parking and drive-through lanes necessary to support the
restaurant use as well as a driveway access to service the adjacent, landlocked property.
This waiver is in harmony with the general purposes and intent of shoreland ordinance.
This waiver is consistent with the Comprehensive Plan as the property is zoned and
guided for Highway Commercial use. There are circumstances unique to the property that
creates a need for additional impervious surface coverage. This waiver is consistent with the essential character of the locality and is a reasonable use of the property due to the measures being taken to protect and enhance the quality and character of the shoreland.
B. Menu Board Size City Code allows up to 32 square feet of menu board signage. The applicant is proposing a
total of 45 square feet for two (2) menu boards. Each menu board on its own is less than 32 square feet.
Staff Report – Burger King
Page 8
8
C. Ground Sign Location
This waiver is not approved since the non-conforming status allow the sign to continue its use in
the current location, and the proposed sign plan meets City Code and non-conforming status
requirements.
EDEN PRAIRIE RDTERREY PINE CTEDEN PRAIRIE RDCity 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: Burger KingAddress: 16345 Terrey Pine Drive
Eden 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
240 0 240120 Feet
Date Approved: 10-01-2019
PROJECT SITE
Hwy. 5
Hwy. 4
Terrey Pine Dr
Õÿ5
QR4TERREY PINE CTTERREY PINE DR
FULLER RDWA G N E R W A YMAINST
EDENPRAIRIERDCity 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.
¯
Up dated through approved Ordinances #26-2008
Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition
Date: March 1, 2020
0 0.10.05
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: Burger King
Address: 16345 Terrey Pine 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
Wetlands
PROJECT SITE
Aerial Map: Burger King
Address: 16345 Terrey Pine CourtEden Prairie, Minnesota 55344
0 40 8020 FeetEDENPRAIRIEROADTERREY PINE COURT
HIGHWAY5
ProjectSite
Terrey Pine Coffee(UnderConstruction)
Dairy Queen Site
¯
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JUNE 28, 2021 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,
William Gooding, Robert Taylor
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 Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Absent were commission members Taylor and Mette.
III. APPROVAL OF AGENDA
MOTION: DeSanctis moved, seconded by Higgins to approve the agenda. MOTION
CARRIED 7-0.
IV. MINUTES
MOTION: Kirk moved, seconded by DeSanctis to approve the minutes of June 14, 2021.
MOTION CARRIED 7-0.
V. PUBLIC HEARINGS
A. ASIAN PLAZA (2021-06) Request for:
• Planned Unit Development Concept Review on 4.68 acres
• Planned Unit Development District Review with waivers on 4.68 acres
• Site Plan Review on 4.68 acres
Jay Isenberg, consulting architect, presented a PowerPoint and detailed the
application. This was an adaptive reuse of the former Gander Mountain site. Isenberg displayed the first-floor plan for the Asian grocery store, restaurant, and office/retail spaces. The second-floor plan included a mezzanine, a food court, two restaurants, and multiple small tenant retail/office spaces. He explained the
PLANNING COMMISSION MINUTES June 28, 2021
Page 2
parking plan and the sustainability features. The façade would be improved, and
the pedestrian walkway, the lower-level entry, and the main entry would be striped for greater safety. Bike racks would be added and two EV stations would be provided, with the potential for four total. Landscaping would include converting an existing impervious island to a green parking island. There are
currently 77 underground parking spaces and 217 surface parking stalls. There
was also the potential for a rooftop solar array. The mezzanine addition and required parking triggered a traffic study. This study concluded the parking demand would be accommodated through the existing spaces and there would be no impact on the surrounding properties and/or roadways. Isenberg displayed the
proposed colors and materials for the façade improvements. He contrasted this
with a view of the current site. The proposed signage would have to go through the approval process at a later date. Farr asked if the improved vehicular circulation plan included signage to the
underground parking. Isenberg replied the entire wayfinding signage piece was
not included tonight, but the intention was to provide wayfinding signage, and the owners would run a shuttle service for employees. Farr asked for the parking calculations. Isenberg replied he thought it was included in the commission packets, and Klima agreed to provide that to the commission members.
Klima presented the staff report. The applicant proposed to repurpose the former Gander Mountain property. The property would be used as a retail center with tenant spaces including retail, restaurants and offices. The applicant was requesting a PUD waiver to allow the current 294 parking stalls on site to serve
the proposed use. In the event that the existing parking proves insufficient, the
applicant had agreed to construct structured parking on site. Staff recommended that the Development Agreement include language that allowed the City the discretion to determine the timing and the amount of structured parking that is necessary to be constructed. Similar language has been included in the approvals
for other properties in commercial and industrial zones.
The applicant also proposed site improvements and a façade remodel. These included creating a pedestrian crossing area at the main entrance to the building and a pedestrian walkway through the parking lot to enhance pedestrian
connectivity and safety. The pavilion was for illustrative purposes only and would
not be constructed at this time. The proposed façade improvements met and exceeded City Code building material and architectural standards. Staff recommended approval of the application.
DeSanctis asked if there was a long-term plan for the City to provide a shuttle service to allow people to park in the future transit station and shuttle over to this site. Klima replied there were no conversations about this potential at this time.
PLANNING COMMISSION MINUTES June 28, 2021
Page 3
Pieper asked staff to explain the difference between what the Code required for
parking versus what was being proposed. Klima replied the Gander site was retail use that received a waiver to reduce the required parking at the time the building was constructed. This reuse site proposed retail and restaurants, which complicated the parking calculation. The applicant was helpful in providing the
numbers for a mixed-use site.
Farr acknowledged there were different uses at this site and asked if staff was confident in the Alliant Engineering findings. Rue replied he had reviewed the report and it made reasonable sense in analyzing both the parking and the traffic
demand. The multiple different uses in this area generated different traffic peaks,
which combined did not exceed the 294 proposed parking stalls. The hypothetical weekday maximum demand was 280 vehicles, and the Saturday hypothetical peak was 292. Peak hours were 220 vehicles for a weekday and 226 for a Saturday. Maximums were variable, due to the proposed mixed use.
Farr asked if the study included employees parking in the area. Klima replied it took into account 15-20 employees being shuttled in. Farr expressed concern about the number of parking stalls and stated a parking ramp should be a last resort. Klima replied if the City received complaints about parking or circulation
staff would follow up on this with the property owner. Farr asked for and received
confirmation that if the parking deck was required it would require stormwater management since the impervious surface would be increased, but that was not the case in this application.
Kirk stated he had thought about this development and the topic of parking, he
had this question: Would it impact the streets and parking flow? He found it would not; people would simply choose not to park here. This would therefore potentially impact the business, forcing the owner to make a change.
DeSanctis noted there would be a nearby light rail station and asked how the City
could link this with commercial services. Klima replied with the upcoming opening of the LRT there were potentials for pedestrian connections and the City had secured a grant from Hennepin County for pedestrian connections. There were also long-term plans for a future north-south roadway connection.
Klima presented the staff report.
MOTION: Gooding moved, seconded by DeSanctis to close the public hearing. MOTION CARRIED 7-0.
Markos agreed that a parking ramp should be a final resort and she appreciated the developer was willing to work with the City on parking. She commended the mixed-use idea and the grocery store. In all, she thought the developer had worked well with staff and agreed the parking was a business issue, outside the purview of the commission. Gooding stated it would be a mistake for a business
PLANNING COMMISSION MINUTES June 28, 2021
Page 4
to undercount its parking. He also commended the design. Higgins concurred, and
added the development process included knowledge of the behavior of customers. Farr also commended the project as a regional draw, not just an amenity for the City of Eden Prairie. He thanked the developer for choosing Eden Prairie. The lower-level parking could have electronic sensors that display how many stalls
were still available, and he suggested the developer incorporate those. Kirk stated
he agreed with Markos’s summation and commended the project. DeSanctis praised the potential inclusion of a solar array. MOTION: Farr moved, seconded by Kirk to recommend approval of the Planned
Unit Development Concept Review on 4.68 acres, Planned Unit Development
District Review with waivers on 4.68 acres, and Site Plan Review on 4.68 acres, based on plans stamped dated June 15, 2021 and the staff report dated June 25, 2021. MOTION CARRIED 7-0.
B. BURGER KING
Request for:
• Planned Unit Development Concept Review on 1.34 acres
• Planned Unit Development District Review with waivers on 1.34 acres
• Site Plan Review on 1.34 acres John Kaiser, with Cave Enterprises Operation LLC, presented a PowerPoint and
detailed the application. He explained the previous operator of the site, which included nine restaurants, experienced financial distress and ceased to operate. He had been interested in this site for three years and the application had experienced delays. He explained Cave Enterprises Operation LLC was a franchisee of the Burger King restaurant brand that was based in Chicago and operated 10 Burger
King restaurants in Minnesota. This was a private family-owned business since 1999. His team worked with the brand to develop its image and new prototype building design. This development would be one of the first built. He displayed renderings of the elevation and stated he had worked with staff on
the site plan and building design. This represented a departure with an intent to expand the glass and bring natural light into the building, giving it a more contemporary feel. He also displayed the layout of the play structure. The use was similar to its previous use (Burger King). The floor plan would accommodate 66 seats and offer multiple-occupant restrooms and an ergonomic design. The site
plan was a complete rethinking of the site rather than a remodel. Asphalt was reduced and the landscape plan adjusted. The stormwater would be handled by a bio-infiltration pond. He displayed the utilities plan and explained the sustainability features: base materials would be reused, impervious surfaces were reduced, vehicle parking stalls were reduced and bicycle parking provided, and a
new building would be constructed to exceed the new energy code requirements. Native plants and pervious pavers would be included, along with a white
PLANNING COMMISSION MINUTES June 28, 2021
Page 5
reflective membrane roof system and high efficiency rooftop mechanical units
and LED lighting. DeSanctis asked if he had consulted with the City Arborist regarding the choice of trees. The proposed Colorado Spruce were not native to the City and did not fare
well here. Kaiser thanked DeSanctis and stated he would look into this. Bourne
stated the landscape plan was reviewed by staff and Colorado Spruce were often used in this area, although the dry year had challenged them. Farr stated the neighboring Starbucks would utilize this site to ingress and egress
and asked how this would be accommodated. Kaiser replied the new site plan and
Starbucks’ traffic were compatible while creating a nice separation between the two properties. This development would provide an easement for their crosswalk and sidewalk. He anticipated no “morning rush” of traffic for the Burger King.
DeSanctis asked if a summer convergence for visiting progressive businesses
(Burger King, Starbucks, ice cream businesses) could create a parking queue as he had seen in Chanhassen and asked if a traffic analysis had been done. Rue replied none was done because this was a reuse, although the issue of combined uses was an important one. The double-lanes of drive-through at the Burger King should
alleviate queueing length. Kaiser added breakfast was actually the slowest
business part, whereas Starbucks experienced its peak traffic then. Traffic for this Burger King picked up after 11:00 a.m. Higgins stated this development would be a good resource for the residential
housing down the road. Since the Burger King had been closed for some time, this
active one would disburse some of the business. Klima presented the staff report. The applicant proposed to raze the site and build a new building and parking lot. There was currently 70 percent impervious
surface and this property was in the Shoreland District, limiting it to 30 percent.
The applicant aimed to reduce the impervious surface to 48 percent. The outdoor play area would be constructed on the north side and the stormwater infiltration pond on the east side. Building materials and architecture were in keeping with City Code. Three waivers were requested: 48 percent instead of 30 percent
impervious surface area, ground sign setback from 20 to 16 feet, and a menu
board sign size. Staff did not recommend approval of the waiver for the sign setback. The landscaping plan met City Code requirement as to the number of native plants but not the size requirement, and this needed to be increased. Otherwise, staff recommended approval.
Farr asked if a playground extended customer stay time to the extent that parking stalls would become crowded, and Klima replied it would not. Playlands were included in multiple fast-food chains, and she was not familiar of different parking requirements associated to these. Farr stated there was no bypass lane in
PLANNING COMMISSION MINUTES June 28, 2021
Page 6
the drive-through. He asked if there was a City policy regarding a dead-end
parking lot that didn’t allow drivers to make a three-point turn to exit the drive-through. Rue replied he was not quite sure how to answer; most had bypass lanes, but this development did not have one. There was, however, room to bypass the drive-through lanes, and once a driver was past the menu boards there was a
bypass lane. Widening the outside lane could be a solution. Farr suggested a
striped-off area to allow a driver to back into an unused parking stall to make a three-point turn egress. Farr also expressed concern that the menu board could turn into an LED billboard and asked if there was a prohibition against this. Klima replied the City was unable to regulate sign content due to a U.S. Supreme Court
ruling.
MOTION: Higgins moved, seconded by Markos to close the public hearing. MOTION CARRIED 7-0.
Markos stated she would like to see more plantings year-round for greater
blocking, especially at the playground and the drive-through electronic menu boards. She recommended evergreen trees. She commended the reduction of impervious surfaces and the building design. She agreed this would disburse some of the business in the area with the opening of this site. She found this to be a
great improvement versus what was there, despite her concerns about parking and
the drive-throughs. Kirk concurred and commended the decrease in impervious surfaces and the infiltration pond. MOTION: Kirk moved, seconded by DeSanctis to recommend approval of the
Planned Unit Development Concept Review on 1.34 acres; Planned Unit
Development District Review with waivers on 1.34 acres, and Site Plan Review on 1.34 acres based on plans stamp dated June 21, 2021 and the staff report dated June 21, 2021. MOTION CARRIED 7-0.
PLANNERS’ REPORT
MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Higgins moved, seconded by Gooding to adjourn. MOTION CARRIED 7-0. The meeting was adjourned at 8:12 p.m.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE: August 17, 2021
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 283723 - 284715 Wire Transfers 1028344 - 1028616 Wire Transfers 8319 - 8395
Purchasing card 8363
City of Eden Prairie
Council Check Summary
8/17/2021
Division Amount Division Amount
100 City Manager 225,082 308 E-911 39,723
101 Legislative 16,302 315 Economic Development 1,222,197
102 Legal Counsel 37,050 317 Eden Prairie Players 200
110 City Clerk 946 509 CIP Fund 28,938
111 Customer Service 9,749 512 CIP Trails 3,671
112 Human Resources 550 513 CIP Pavement Management 376,227
113 Communications 7,499 522 Improvement Projects 2006 532
114 Benefits & Training 9,976 526 Transportation Fund 4,767
130 Assessing 1,575 527 CIP - Leasing Costs 2,320
131 Finance 832 528 Shady Oak Rd-CR 61 North 4,033
132 Housing and Community Services 36,121 532 EP Road Connect Flying Cloud 159
133 Planning 226 538 SingleTree Lane South 92
136 Public Safety Communications 10,509 539 2020 Improvement Projects 4,664
137 Economic Development 240 540 Duck Lake Rd. Reconstruction 73,938
138 Community Development Admin.200 804 100 Year History 213
150 Park Administration 5,434 Total Capital Projects Fund 1,761,674
151 Park Maintenance 90,863
153 Organized Athletics 179 601 Prairie Village Liquor 271,177
154 Community Center 36,021 602 Den Road Liquor 478,460
155 Beaches 215 603 Prairie View Liquor 302,819
156 Youth Programs 23,750 605 Den Road Building 4,643
157 Special Events 25,188 701 Water Enterprise Fund 591,563
158 Senior Center 482 702 Wastewater Enterprise Fund 409,869
159 Recreation Administration 5,164 703 Stormwater Enterprise Fund 96,193
162 Arts 10,415 Total Enterprise Fund 2,154,724
163 Outdoor Center 2,758
168 Arts Center 2,678 316 WAFTA 263
180 Police Sworn 40,081 802 494 Commuter Services 53,979
184 Fire 34,827 803 Escrow Fund 22,000
186 Inspections 16,356 806 SAC Agency Fund 9,940
200 Engineering 4,563 807 Benefits Fund 2,594,036
201 Street Maintenance 55,146 809 Investment Fund 8,086
202 Street Lighting 72,471 810 Workers Comp Insurance 193,684
Total General Fund 783,446 811 Property Insurance 1,790
812 Fleet Internal Service 206,191
301 CDBG 32,286 813 IT Internal Service 224,695
303 Cemetary Operation 3,742 814 Facilities Capital ISF 411,377
Total Special Revenue 36,028 815 Facilites Operating ISF 112,349
816 Facilites City Center ISF 152,075
435 2008B G.O. Improvement Bonds 5,250 817 Facilites Comm. Center ISF 133,444
446 2014A G.O. TAX ABATEMENT BONDS 232,456 Total Internal Svc/Agency Fund Report Totals4,123,910
448 2016A GO BONDS - WEST 70TH ST.15,480Total Debt Service Fund 253,186 Report Total 9,112,969
City of Eden Prairie
Council Check Register by GL
8/17/2021
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1028597 372,052 GMH ASPHALT CORPORATION Improvement Contracts CIP Pavement Management Cumberland Road Rehab
284333 337,628 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee Aug 2021
8335 329,300 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits July 2021 Premiums
8383 321,883 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits August 2021 Premiums
1028375 317,397 EP CONSOLIDATED PROPERTIES LLC TIF Payment TIF-Eden Shores Senior Housing 1st Half of TIF Pymt
8373 300,550 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 07.16.21
8379 298,389 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 07.30.21
8338 298,374 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 07.02.21
283885 281,554 TP ELEVATE LLC TIF Payment TIF-Elevate Apts 1st Half of TIF Pymt
8352 232,456 U S BANK Interest 2014A G.O. TAX ABATEMENT BONDS Debt Svc payment 07.01.21
8376 199,594 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 07.16.21
8371 199,181 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 07.02.21
1028615 198,798 XCEL ENERGY Electric Facilities Operating ISF Multi location electric
8336 195,490 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 06.18.21
284064 193,684 LEAGUE MN CITIES INS TRUST Workers Comp Insurance Workers Comp Insurance Work Comp. premiums
283817 190,655 CASCADE AT TOWN CENTER TIF Payment TIF-Lincoln Parc Apts 1st Half of TIF Pymt
284048 185,838 JOHNSON CONTROLS Other Contracted Services Facilities Capital Comm Ctr LED Lighting Updgrade
8348 154,434 FURTHER - AKA SELECT HSA - Employer Health and Benefits HSA PPE 07.02.21
283889 149,373 WATERS SENIOR LIVING TIF Payment TIF-Rolling Hills Sr Hsg 1st Half of TIF Pymt
283882 143,225 TCF MAPLE GROVE TIF Payment TIF-Town Center-Windsor Plaza 1st Half of TIF Pymt
8360 121,746 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax June 2021
283888 119,692 VEHICLE SERVICE GROUP LLC Machinery & Equipment Fleet Operating
284488 110,994 GARLAND DBS INC Other Contracted Services Facilities Capital
283813 86,915 BOLTON & MENK INC Design & Engineering Stormwater Capital
284388 72,863 JERRY'S ENTERPRISES INC Deposits General Fund
284547 70,306 WATCHGUARD VIDEO Hardware - R&M IT Capital
283838 67,907 HENNEPIN COUNTY TREASURER TIF Payment Wastewater Capital
8363 62,873 USB-PURCHASING CARD Software Maintenance July 4th Celebration
284526 56,447 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment
1028590 53,023 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Wastewater Capital
284324 50,559 JOHNSON CONTROLS Other Contracted Services Facilities Capital
284499 50,559 JOHNSON CONTROLS Other Contracted Services Facilities Capital
284476 50,258 CSM CORPORATION Deposits General Fund
284084 47,760 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
283845 47,718 KEYS WELL DRILLING COMPANY Equipment Repair & Maint Water Capital
8380 46,020 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
284315 43,800 HAMPTON INN EDEN PRAIRIE Deposits General Fund
1028500 39,983 LOGIS Network Support IT Operating
284339 39,381 MOTOROLA SOLUTIONS INC Equipment Repair & Maint E-911 Program
1028495 37,220 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Criminal Prosecution
8395 34,608 U S BANK Interest Water Capital
283836 34,190 GRAYMONT Treatment Chemicals Water Treatment
283887 33,201 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating
284496 30,814 HYDROCORP Improvement Contracts Water Capital
8381 29,531 EMPOWER Deferred Compensation Health and Benefits
8340 29,247 EMPOWER Deferred Compensation Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit Comments
284020 29,051 GRAYMONT Treatment Chemicals Water Treatment
1028503 28,938 MOTOROLA Other Assets Capital Maint. & Reinvestment
8375 28,814 EMPOWER Deferred Compensation Health and Benefits
1028515 26,382 XCEL ENERGY Electric Water Supply (Wells)
284624 26,366 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall (City Cost)
283796 25,206 ABM ONSITE SERVICES-MIDWEST Janitor Service Police (City Cost)
8346 24,980 FURTHER - AKA SELECT HRA Health and Benefits
284163 24,615 WATCHGUARD VIDEO Capital Under $25,000 IT Capital
284489 24,575 GRAYMONT Treatment Chemicals Water Treatment
284312 24,330 GRAYMONT Treatment Chemicals Water Treatment
8374 22,435 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
1028548 22,361 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store
284371 22,176 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Contract Svcs - General Bldg Public Safety Training Facilit
8339 22,131 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
284536 22,025 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Non-Capital
284102 22,000 PARK NICOLLET HEALTH SERVICES Deposits Escrow
8353 21,923 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Prairie Village Liquor Store
1028439 21,560 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store
283770 21,488 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
8354 20,572 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
283753 20,377 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
284663 19,841 GRAYMONT Treatment Chemicals Water Treatment
284141 19,285 SSI KEF SLB LLC Electric Water Treatment
283934 18,276 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
283822 17,422 COLUMBINE TOWNHOMES TIF Payment TIF-Columbine Road Housing
284207 17,389 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
1028554 17,237 HANSEN THORP PELLINEN OLSON Improvement Contracts CIP Trails
283877 17,189 ST. PAUL PORT AUTHORITY Deposits General Fund
284039 17,071 HP INC Capital Under $25,000 Police Sworn
284426 16,745 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
283763 16,478 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
8365 16,062 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits
283723 16,026 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
284352 16,026 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
8319 15,796 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits
284075 15,535 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
284508 15,226 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
284313 14,676 GRI EDEN PRAIRIE, LLC Waste Disposal Prairie Village Liquor Store
284579 14,464 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
284034 14,460 HENNEPIN VILLAGE HERITAGE TOWNHOME ASSOC Accounts Receivable TIF-Eden Shores Senior Housing
284580 14,364 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1028555 14,303 HAWKINS INC Treatment Chemicals Water Treatment
8321 14,019 FURTHER - AKA SELECT HSA - Employee Health and Benefits
1028557 14,010 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Fire Station #1
8364 13,769 FURTHER - AKA SELECT HSA - Employee Health and Benefits
284215 13,714 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1028368 13,427 WERNER ELECTRIC VENTURES LLC Other Contracted Services Facilities Capital
284165 12,757 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital
284214 11,983 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
1028454 11,658 XCEL ENERGY Electric Flying Cloud Off Leash Park
Check #Amount Supplier / Explanation Account Description Business Unit Comments
284604 11,655 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
284605 11,647 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
284554 11,556 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
283762 11,366 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
283849 11,200 LINK CABINETS LLC Accounts Receivable TIF-Eden Shores Senior Housing
284155 11,052 TREE TRUST Landscape Materials/Supp Reforestation
283924 11,018 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
1028436 10,932 BIFFS INC Other Contracted Services Utility Operations - General
283907 10,902 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1028442 10,880 HAWKINS INC Treatment Chemicals Water Treatment
283952 10,859 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
284381 10,822 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution
284343 10,733 NATIVE RESOURCE PRESERVATION Other Contracted Services Park Maintenance
8341 10,643 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
8369 10,643 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
283940 10,614 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
283943 10,600 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
283737 10,567 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
284225 10,544 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
284534 10,537 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council
284588 10,474 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
283959 10,443 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
284242 10,405 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
284382 10,331 VERIZON WIRELESS Data Plans - Police IT Operating
1028608 10,260 ST CROIX ENVIRONMENTAL INC Design & Engineering Water Supply (Wells)
284290 10,189 COMMON BOND COMMUNITIES Deposits Economic Development Fund
284652 10,000 DCA TITLE Accounts Receivable TIF-Eden Shores Senior Housing
284180 9,960 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
284417 9,918 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
283899 9,915 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
284209 9,899 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
284085 9,841 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
284196 9,785 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
284469 9,747 CANADA GOOSE MANAGEMENT INC Other Contracted Services Stormwater Non-Capital
284314 9,657 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
283785 9,635 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
284459 9,574 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg City Hall (City Cost)
284233 9,423 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
284692 9,250 PROP Other Contracted Services Housing and Community Service
284189 9,226 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
284359 9,151 PROP Other Contracted Services CDBG - Public Service
1028559 9,125 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service
283776 8,988 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
1028387 8,946 POMP'S TIRE SERVICE INC Equipment Parts Fleet Operating
1028505 8,797 SRF CONSULTING GROUP INC Design & Engineering Transportation Fund
284419 8,765 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
283755 8,540 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
1028562 8,500 ST CROIX ENVIRONMENTAL INC Equipment Repair & Maint Water Supply (Wells)
284156 8,403 TRITECH SOFTWARE SYSTEMS Software Maintenance IT Operating
283925 8,386 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1028388 8,315 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Utility Operations - General
8387 8,167 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
283963 8,115 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
283728 8,084 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
284581 7,828 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
284531 7,784 SIGN SOLUTIONS USA Signs Traffic Signs
8361 7,735 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
284320 7,500 INTIME SERVICES INC Software Maintenance IT Operating
8332 7,489 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
284527 7,438 REVOLUTIONARY SPORTS, LLC Instructor Service Preschool Events
284673 7,374 MACDONALD & MACK ARCHITECTS LTD Capital Under $25,000 FF&E - Furn, Fixtures & Equip.
1028484 7,290 ASPEN EQUIPMENT CO.Autos Utility Operations - General
8327 7,156 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
284390 7,123 THE ESTATE OF WENDY RASKIN Deposits General Fund
284553 7,018 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
284318 6,944 HINTERLAND CSG LLC Electric Facilities Operating ISF
8390 6,929 CARD CONNECT Bank and Service Charges Community Center Admin
8377 6,905 CARD CONNECT Bank and Service Charges Community Center Admin
1028487 6,883 CENTERPOINT ENERGY Gas General Community Center
284449 6,829 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
284301 6,705 DG CENTRAL 1 LLC Electric Facilities Operating ISF
284561 6,664 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
283964 6,659 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1028605 6,634 POMP'S TIRE SERVICE INC Tires Fleet Operating
284188 6,629 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
284472 6,625 COLORADO TIME SYSTEMS Equipment Repair & Maint Pool Operations
284138 6,604 SLAMHAMMER SOUND CO, INC Other Contracted Services July 4th Celebration
8384 6,581 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
284250 6,511 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
284362 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
1028603 6,469 METRO SALES INCORPORATED*Printers -Accessories Customer Service
284330 6,400 MARTIN-MCALLISTER Employment Support Test Organizational Services
284510 6,374 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
8358 6,365 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission
284679 6,338 MOTOROLA SOLUTIONS INC Equipment Repair & Maint Public Safety Communications
284611 6,333 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
283730 6,255 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1028545 6,241 CENTERPOINT ENERGY Gas Prairie View Liquor Store
284354 6,227 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.Fire Station #1
283914 6,200 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
284284 6,180 CITY OF EDEN PRAIRIE Accounting Fee 494 Corridor Commission
1028382 6,171 METRO SALES INCORPORATED*Equipment Rentals Customer Service
284403 6,168 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
284612 6,119 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
284345 6,013 NORTHSTAR MUDJACKING & MORE LLC Mudjacking Curbs Drainage
283754 5,949 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
284549 5,887 WM CORPORATE SERVICES INC Waste Disposal Yard Waste Site
1028453 5,800 WM MUELLER AND SONS INC Gravel Stormwater Collection
284241 5,740 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
8366 5,652 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit Comments
8326 5,579 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
1028377 5,569 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
284370 5,551 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF
284587 5,530 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
283974 5,520 AVR INC Asphalt Overlay Stormwater Collection
284593 5,487 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
284357 5,476 PROP Other Contracted Services CDBG - Public Service
283843 5,441 INDIGO SIGNWORKS, INC.Supplies - General Bldg Utility Operations - General
284379 5,230 U.S DEPARTMENT OF AGRICULTURE Other Contracted Services Deer Consultant
284418 5,209 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
284326 5,207 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Maintenance Facility
283736 5,015 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
284364 5,000 RUPPERT APPRAISAL & CONSULTATION INC Other Contracted Services Planning & Development
284714 5,000 YMCA OF THE NORTH Other Contracted Services Housing and Community Service
1028558 4,890 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance
1028563 4,862 STREICHERS Clothing & Uniforms Fire
284540 4,860 TREE TRUST Other Contracted Services Park Maintenance
283784 4,833 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
1028392 4,817 WM MUELLER AND SONS INC Gravel Stormwater Collection
1028547 4,782 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Metering
284351 4,714 POSTMASTER Postage Community Brochure
284208 4,643 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
283954 4,642 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
284360 4,636 PROP Other Contracted Services CDBG - Public Service
284300 4,607 DELI DOUBLE Miscellaneous Internal Events
284635 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General
1028599 4,536 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
1028380 4,447 MENARDS Equipment Repair & Maint Street Maintenance
284032 4,371 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission
284690 4,359 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.Fire Station #2
284440 4,355 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
284367 4,346 SHEPHERD TECHNICAL SERVICES LLC Maintenance Contracts Water Treatment
283833 4,328 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering
284425 4,268 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
283767 4,258 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1028440 4,225 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection
1028513 4,215 WALL TRENDS INC Contract Svcs - General Bldg Police (City Cost)
284706 4,199 TAPCO Other Contracted Services Transportation Fund
283792 4,163 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
284292 4,157 CORE & MAIN Repair & Maint. Supplies Stormwater Collection
284522 4,150 POLYTEK SURFACE COATINGS LLC Contract Svcs - General Bldg Ice Arena Maintenance
284016 4,116 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
8324 4,090 PFM ASSET MANAGEMENT LLC Interest Investment Fund
1028565 4,076 XCEL ENERGY Electric City Center - CAM
1028616 4,056 ZIEGLER INC Equipment Parts July 4th Celebration
284533 4,050 SITEWORKS SERVICES Deposits Water Enterprise Fund
283809 4,000 BADGER STATE INSPECTION LLC Equipment Repair & Maint Water Capital
284495 4,000 HOMEWORKS PLUMBING HEATING AIR Other Contracted Services Rehab
8382 3,996 PFM ASSET MANAGEMENT LLC Interest Investment Fund
284410 3,985 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
283893 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund
1028514 3,969 WM MUELLER AND SONS INC Asphalt Overlay Wasterwater Collection
1028587 3,963 SITEONE LANDSCAPE SUPPLY, LLC Landscape Materials/Supp Park Maintenance
284441 3,810 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
283911 3,808 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
283811 3,800 BDS Contract Svcs - General Bldg Fire Station #1
284302 3,800 DIAMOND EDGE TILE INC Accounts Receivable TIF-Eden Shores Senior Housing
283879 3,793 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
284538 3,766 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
284306 3,750 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service
283745 3,728 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
283807 3,703 AVOLVE SOFTWARE Software IT Capital
284436 3,658 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
283729 3,636 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
284545 3,599 VESSCO INC Repair & Maint. Supplies Water Treatment
284170 3,599 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility
284660 3,566 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Park & Rec
284456 3,542 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
284475 3,520 COUNTY MATERIALS CORPORATION Repair & Maint. Supplies Stormwater Collection
283853 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
284509 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
283958 3,452 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
284442 3,428 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
283778 3,427 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
284433 3,417 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
283857 3,362 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting
283777 3,341 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
283808 3,305 AVR INC Asphalt Overlay Street Maintenance
1028383 3,283 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Fire Station #1
284676 3,280 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting
284234 3,240 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
284647 3,219 CORE & MAIN Repair & Maint. Supplies Stormwater Collection
1028614 3,214 WM MUELLER AND SONS INC Repair & Maint. Supplies Street Maintenance
284396 3,194 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
284063 3,175 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
283953 3,146 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
284666 3,143 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
283860 3,125 MOVEFWD INC Other Contracted Services Housing and Community Service
284132 3,096 SEVERSON, ALLISON Other Contracted Services July 4th Celebration
284223 3,051 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1028366 3,043 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Pleasant Hill Cemetery
284640 3,000 CLEARPOINT STRATEGY Other Contracted Services City Council
284688 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service
1028585 2,993 PLEHAL BLACKTOPPING INC Other Contracted Services Rehab
1028564 2,970 WM MUELLER AND SONS INC Asphalt Overlay Stormwater Collection
284576 2,970 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
283756 2,967 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
284328 2,956 LIFELINE INC Safety Supplies Park Maintenance
1028432 2,949 VEOLIA Other Contracted Services Fire
283933 2,936 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
284501 2,915 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Maintenance Facility
283926 2,911 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
284592 2,896 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
284397 2,840 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
283996 2,832 CORE & MAIN Repair & Maint. Supplies Stormwater Collection
284626 2,778 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Park Maintenance
283989 2,769 BUELL CONSULTING Deposits Water Enterprise Fund
1028550 2,754 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection
284182 2,736 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
284715 2,735 ZOHO CORP Software Maintenance IT Operating
283766 2,682 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
284596 2,671 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
284622 2,653 SAFETY FIRST PLAYGROUND MAINTENANCE Landscape Materials/Supp Park Maintenance
284181 2,633 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
283901 2,619 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
284658 2,614 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Trail Point Ridge
1028451 2,602 STREICHERS EMS Supplies Police Sworn
283818 2,572 CENTURYLINK Telephone City Center - CAM
284213 2,572 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
284636 2,572 CENTURYLINK Telephone City Center - CAM
283966 2,544 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance
1028512 2,499 VISTAR CORPORATION Merchandise for Resale Concessions
283789 2,493 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
284655 2,450 DUNSMORE ASPHALT INC Asphalt Overlay Water Distribution
1028431 2,448 VAN PAPER COMPANY Cleaning Supplies General Community Center
283826 2,442 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection
284280 2,376 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance
284560 2,371 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
1028492 2,342 GENUINE PARTS COMPANY Reimbursement Fitness/Conference - Cmty Ctr
284455 2,323 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
283859 2,320 MNCAR Other Contracted Services CIP - Leasing Costs
283900 2,258 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
284110 2,226 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.Fire Station #2
284297 2,215 CUSTOMIZED FIRE RESCUE TRAINING INC Training Fire
284546 2,205 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M Dues & Subscriptions Fire
284644 2,184 COMMERCIAL ASPHALT CO Asphalt Overlay Wasterwater Collection
284566 2,180 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
284316 2,178 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
283875 2,167 SIGNATURE CONCEPTS INC.Clothing & Uniforms Tennis
284468 2,153 BRIN GLASS SERVICE Contract Svcs - General Bldg Fire Station #2
284567 2,147 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
284235 2,088 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
1028506 2,074 STREICHERS Clothing & Uniforms Police Sworn
283806 2,045 ASPEN MILLS Clothing & Uniforms Police Sworn
284112 2,039 PROP Other Contracted Services CDBG - Public Service
284699 2,036 STANDARD SPRING PARTS Equipment Parts Fleet Operating
283750 2,026 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
284614 2,025 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
283846 2,025 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Playgrounds
283881 2,018 TACTICAL SOLUTIONS INC Equipment Repair & Maint Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments
284031 2,000 HAYES RICHARD Rebates Stormwater Non-Capital
284695 2,000 ROSEN SARA Rebates Stormwater Non-Capital
284711 2,000 VANG WONE Other Contracted Services PeopleFest
1028588 1,998 VAN PAPER COMPANY Cleaning Supplies General Community Center
283805 1,935 ARVIG ENTERPRISES INC Fiber Lease Payments IT Operating
284408 1,934 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
284245 1,925 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
284203 1,914 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
284615 1,913 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
284395 1,911 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1028532 1,901 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management
284385 1,900 EDEN PRAIRIE HOCKEY ASSOCIATION Other Contracted Services Ice Operations
283866 1,875 ONWARD EDEN PRAIRIE Other Contracted Services Housing and Community Service
283741 1,856 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
284703 1,836 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Prairie Village Liquor Store
1028438 1,829 CDW GOVERNMENT INC.Printers IT Operating
284675 1,820 MHSRC/RANGE Training Supplies Police Sworn
284220 1,816 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
283779 1,792 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
284555 1,791 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
284065 1,790 LEAGUE MN CITIES INS TRUST Insurance Property Insurance
284087 1,780 MHSRC/RANGE Tuition Reimbursement/School Police Sworn
284606 1,779 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
284474 1,776 CORE & MAIN Repair & Maint. Supplies Stormwater Collection
1028358 1,768 CONCRETE CUTTING AND CORING Operating Supplies Park Maintenance
284646 1,760 COMPAS Instructor Service Staring Lake Concert
284484 1,749 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Police
284414 1,749 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
283922 1,747 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
284277 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating
284003 1,700 DEYOUNG CONSULTING SERVICES Other Contracted Services City Council
284402 1,700 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
284342 1,691 MVP CRICKET LLC Instructor Service Lesson Skills Development
283798 1,679 AIRGAS USA LLC Supplies - Pool Pool Maintenance
284365 1,673 SAC WIRELESS ELGIN HUB Deposits Water Enterprise Fund
284201 1,662 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
1028468 1,661 CLAREY'S SAFETY EQUIPMENT Repair & Maint. Supplies Fleet Operating
284387 1,650 HARD DAY'S NIGHT Other Contracted Services Staring Lake Concert
1028543 1,636 VAN PAPER COMPANY Cleaning Supplies General Community Center
284305 1,636 EARL F ANDERSEN INC Signs Park Maintenance
284037 1,625 HOMELINE Other Contracted Services Housing and Community Service
1028472 1,616 GOPHER STATE ONE-CALL Other Contracted Services Water Distribution
1028535 1,600 HACH COMPANY Laboratory Chemicals Water Treatment
283844 1,594 INNOVATIVE GRAPHICS Operating Supplies Safety Camp
284551 1,588 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
284275 1,576 BREDEMEIER JOEL Rebates Stormwater Non-Capital
283962 1,573 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
283869 1,567 PERA Wages and Benefits 494 Corridor Commission
284105 1,567 PERA Wages and Benefits 494 Corridor Commission
284520 1,567 PERA Wages and Benefits 494 Corridor Commission
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1028595 1,560 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment
284272 1,532 ASPEN MILLS Protective Clothing Fire
284366 1,520 SEVERSON, ALLISON Other Contracted Services July 4th Celebration
284601 1,518 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
283788 1,512 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
284638 1,500 CHURCH OF CASH Other Contracted Services Staring Lake Concert
284659 1,500 EIDELSZTEIN VICTORIA Other Contracted Services PeopleFest
284662 1,500 GENO4ART Other Contracted Services PeopleFest
284186 1,499 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
8320 1,497 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
284304 1,476 DUNSMORE ASPHALT INC Equipment Repair & Maint Water Distribution
8368 1,452 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
1028507 1,443 TRANE U.S. INC Supplies - HVAC Police (City Cost)
284462 1,434 ASSURED SECURITY Operating Supplies Park Shelters
283773 1,428 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1028433 1,411 WSB & ASSOCIATES INC Design & Engineering 2020 Improvement Projects
283742 1,408 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
284323 1,401 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair & Maint Maintenance Facility
283906 1,396 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
283930 1,395 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
284598 1,391 TRUE BRANDS Liquor Product Received Den Road Liquor Store
1028371 1,387 CDW GOVERNMENT INC.Operating Supplies IT Operating
284413 1,375 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
284384 1,374 YORKTOWN OFFICES Rent 494 Corridor Commission
284246 1,371 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
284519 1,368 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Maintenance Facility
284467 1,360 BOUND TREE MEDICAL LLC EMS Supplies Fire
283759 1,355 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
283839 1,350 HENNEPIN TECHNICAL COLLEGE Other Rentals Stormwater Non-Capital
283870 1,348 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
284500 1,343 JOHNSTONE SUPPLY Supplies - HVAC Police (City Cost)
284448 1,342 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
284038 1,334 HOPKINS SPORTS CAMPS LLC Instructor Service Camps
1028474 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM
283731 1,329 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
284618 1,302 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
284477 1,300 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery
284670 1,300 LITWIN MATTHEW Other Contracted Services PeopleFest
284193 1,299 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
284423 1,291 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
284570 1,286 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1028381 1,285 METRO ELEVATOR INC Contract Svcs - Elevator City Center - CAM
284348 1,284 PAX CHRISTI CATHOLIC CHURCH Rebates Stormwater Non-Capital
284231 1,276 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
284353 1,275 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
8362 1,267 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
1028426 1,265 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance
1028361 1,261 KRISS PREMIUM PRODUCTS INC Contract Svcs - Ice Rink City Center - CAM
283842 1,260 IBRAHIM, MOHAMOUD Tuition Reimbursement/School Organizational Services
284015 1,259 EXTRACTOR CORPORATION Supplies - Pool Pool Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
283945 1,258 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1028600 1,256 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells)
283852 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service
284021 1,250 GREASE BUSTER OF THE TWIN CITIES Contract Svcs - Garden Rm/Caf.Garden Room Repairs
284650 1,250 DAKOTA VALLEY SYMPHONY Other Contracted Services Staring Lake Concert
1028401 1,238 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
283896 1,238 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1028378 1,215 LITTLE FALLS MACHINE INC Equipment Repair & Maint Fleet Operating
284358 1,202 PROP Other Contracted Services CDBG - Public Service
283821 1,200 CLIMB THEATRE Other Contracted Services Safety Camp
284463 1,200 AVR INC Asphalt Overlay Street Maintenance
8357 1,193 FURTHER - AKA SELECT Other Contracted Services Health and Benefits
1028367 1,192 VAN PAPER COMPANY Cleaning Supplies General Community Center
284113 1,189 PROP Other Contracted Services CDBG - Public Service
284693 1,183 PROP Other Contracted Services CDBG - Public Service
284438 1,183 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1028354 1,180 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
284465 1,175 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn
283850 1,165 MARCO INC Operating Supplies IT Operating
283802 1,150 APPLIED ECOLOGICAL SERVICES INC Other Contracted Services Park Maintenance
284491 1,150 HAYO, SHAI Other Contracted Services Staring Lake Concert
1028502 1,144 MN SUPPLY Contract Svcs - General Bldg City Hall (City Cost)
284584 1,143 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1028501 1,106 MENARDS Operating Supplies Traffic Signs
283829 1,105 COUNTY MATERIALS CORPORATION Repair & Maint. Supplies Wasterwater Collection
283949 1,084 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
284194 1,079 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
284661 1,077 FASTSIGNS Signs Park Maintenance
283917 1,034 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
284669 1,025 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Community Center Admin
1028494 1,021 GRAINGER Cleaning Supplies Utility Operations - General
283874 1,010 SCHLOMKA SERVICES LLC Contract Svcs - Plumbing Maintenance Facility
1028400 1,005 VINOCOPIA Liquor Product Received Den Road Liquor Store
283801 1,000 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Stormwater Collection
284619 999 TRUE BRANDS Liquor Product Received Prairie View Liquor Store
1028409 997 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration
283815 992 BRIN GLASS SERVICE Contract Svcs - General Bldg Den Bldg. - CAM
284162 987 WARNING LITES Other Contracted Services Street Maintenance
1028538 987 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
284572 979 TRUE BRANDS Liquor Product Received Prairie Village Liquor Store
284451 969 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
283748 967 WINEBOW Liquor Product Received Prairie Village Liquor Store
284497 963 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
284667 963 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
284350 960 PITNEY BOWES Postage Customer Service
1028415 952 FASTENAL COMPANY Operating Supplies Fleet Operating
283955 948 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
1028601 947 MENARDS Repair & Maint. Supplies Street Maintenance
283976 942 BADGER METER Telephone Water Metering
284239 940 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
283835 933 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
284431 927 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
284276 920 BUGBEE, DON Rebates Stormwater Non-Capital
284424 919 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1028372 905 CENTERPOINT ENERGY Gas Senior Center
1028369 903 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
284529 900 SAMBATEK INC Maintenance Contracts Water Treatment
284630 900 AVR INC Asphalt Overlay Street Maintenance
284268 884 ADVANTAGE PROPERTY MAINTENANCE INC Asphalt Overlay Street Maintenance
284317 880 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications
283812 875 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn
284447 873 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
284150 872 SYMBOLARTS Operating Supplies Police Sworn
283883 865 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery
284498 858 INTERTECH INC Contract Development IT Operating
283775 855 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
283819 854 CENTURYLINK Telephone IT Operating
284637 853 CENTURYLINK Internet Water Treatment
284145 843 STASEK ZOE Deposits General Fund
1028396 843 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1028508 840 TWIN CITY HARDWARE Contract Svcs - General Bldg Fire Station #1
284420 837 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
284558 836 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
283938 829 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1028573 814 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
283918 812 WINEBOW Liquor Product Received Prairie Village Liquor Store
284228 806 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
8359 800 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
284375 800 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection
1028473 798 HACH COMPANY Lab Supplies Water Treatment
284253 797 PETTY CASH Mileage & Parking Facilities Staff
284091 789 MINNESOTA TROPHIES & GIFTS Operating Supplies-Award/RetirFire
1028386 773 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment
284665 772 HP INC Miscellaneous Police Sworn
284490 770 GRIM ROGER AR Utility Water Enterprise Fund
284346 762 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen SuppliesFire
1028441 752 GRAINGER Repair & Maint. Supplies Pleasant Hill Cemetery
283827 750 COMMERCIAL REFRIGERATION SYSTEMS INC Contract Svcs - Ice Rink Ice Arena Maintenance
283886 750 TREEHOUSE Other Contracted Services Housing and Community Service
283928 740 DOMACE VINO Liquor Product Received Den Road Liquor Store
284401 736 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
284041 734 IDEA CREEK LLC,THE Operating Supplies-Dept EventsFire
284070 732 LUBE-TECH & PARTNERS LLC Repair & Maint. Supplies Water Treatment
1028613 729 VISTAR CORPORATION Merchandise for Resale Concessions
284273 721 BARTON SAND & GRAVEL CO Landscape Materials/Supp Park Maintenance
283814 721 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire
1028360 717 HACH COMPANY Laboratory Chemicals Water Treatment
1028407 714 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
284705 714 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
284599 711 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
284393 701 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
284391 700 TOTAL ENTERTAINMENT/KIDSDANCE PROD.Other Contracted Services July 4th Celebration
284681 700 NATIVE RESOURCE PRESERVATION Maintenance Contracts Stormwater Non-Capital
283774 698 WINEBOW Liquor Product Received Den Road Liquor Store
283733 692 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
284609 691 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
284374 690 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating
284573 690 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
1028355 687 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
284406 682 ORIGIN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
284430 682 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
284453 682 ORIGIN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
284210 680 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
1028511 673 VARITECH INDUSTRIES INC Equipment Parts Snow & Ice Control
1028498 670 IDEAL SERVICE INC Equipment Repair & Maint Water Supply (Wells)
283903 670 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1028546 670 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM
284632 668 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance
284512 668 MINGER CONSTRUCTION INC Improvement Contracts Stormwater Capital
283832 665 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
284399 664 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
284294 658 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
283923 657 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
283884 650 TOTAL ENTERTAINMENT/KIDSDANCE PROD.Other Contracted Services July 4th Celebration
283978 649 BARNUM GATE SERVICES INC Equipment Repair & Maint Utility Operations - General
1028424 641 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery
1028461 639 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
284583 638 DOMACE VINO Liquor Product Received Den Road Liquor Store
283810 627 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating
8337 624 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
8372 624 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
8378 624 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
284600 623 WINEBOW Liquor Product Received Den Road Liquor Store
284327 621 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance
283757 620 DOMACE VINO Liquor Product Received Den Road Liquor Store
1028348 618 VINOCOPIA Liquor Product Received Den Road Liquor Store
1028489 616 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Distribution
283891 615 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
283880 614 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Fire Station #1
284184 610 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
284159 609 VERIZON WIRELESS Other Contracted Services Park Maintenance
284494 609 HOME DEPOT CREDIT SERVICES Supplies - General Bldg City Center - CAM
284697 602 SELA ROOFING AND REMODELING INC Building Surcharge General Fund
1028589 600 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
284139 600 SMITHSON, EVERETT Other Contracted Services Staring Lake Concert
284331 600 MCINTOSH ALLIE Other Contracted Services July 4th Celebration
284361 600 RABBIT RESCUE OF MN Other Contracted Services Specialty Fitness Programs
284386 595 HALLS OF MAGIC INC Other Contracted Services July 4th Celebration
283795 588 WINEBOW Liquor Product Received Prairie View Liquor Store
283841 588 HYDRO-VAC INC Equipment Repair & Maint Stormwater Collection
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1028393 586 XCEL ENERGY Electric Street Lighting
284582 585 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
283990 583 CENTURYLINK Telephone IT Operating
284428 583 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
1028450 583 REINDERS INC Landscape Materials/Supp Park Maintenance
284648 582 COREMARK METALS Equipment Repair & Maint Fleet Operating
284524 580 PRAIRIE RESTORATIONS INC Equipment Repair & Maint Water Supply (Wells)
283743 576 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
284559 574 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
283747 570 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
284355 566 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission
1028518 558 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1028476 556 OLDEFENDT ALEX Travel Expense Assessing
1028602 549 METRO ELEVATOR INC Maintenance Contracts Water Treatment
284271 544 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie View Liquor Store
1028429 543 THE OASIS GROUP Employee Assistance Organizational Services
284056 536 KRAMER ELENA AR Utility Water Enterprise Fund
284195 534 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
284445 532 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
284221 532 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
8333 530 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
1028523 530 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
284144 529 STAR TRIBUNE Operating Supplies Fire
1028504 528 PREMIUM WATERS INC Operating Supplies - Water Fire
8331 525 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration
283782 524 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
1028456 521 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1028349 521 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
283800 520 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events
1028583 518 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
1028491 516 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station
284548 514 WHEELER LUMBER LLC Operating Supplies Street Lighting
284229 510 WINEBOW Liquor Product Received Den Road Liquor Store
284685 507 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Facilities Staff
1028553 500 GRAINGER Cleaning Supplies Utility Operations - General
284310 500 EPHS Other Contracted Services Ice Operations
284389 500 MISS MYRA & THE MOONSHINERS Other Contracted Services Staring Lake Concert
284514 500 MN DNR ECOLOGICAL AND WATER RESOURCES Licenses, Taxes, Fees Stormwater Capital
1028351 500 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
1028551 496 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating
284412 495 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
283929 495 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
284590 494 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
284574 493 WINEBOW Liquor Product Received Prairie Village Liquor Store
284270 490 AQUA LOGIC INC Repair & Maint - Ice Rink Round Lake
284634 485 BRYAN ROCK PRODUCTS INC Repair & Maint. Supplies Wasterwater Collection
1028416 484 GREATAMERICA FINANCIAL SVCS Postage Customer Service
284289 483 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance
284022 482 GREAT LAKES COCA-COLA DISTRIBUTION Vending Machines Concessions
1028444 481 MENARDS Operating Supplies Park Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
284335 480 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Fire
283910 479 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1028579 471 FASTENAL COMPANY Operating Supplies Traffic Signs
1028398 470 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
8388 469 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
284224 468 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
1028434 466 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
284089 465 MINNESOTA AIR INC Supplies - HVAC Park Shelters
284653 465 DEALER AUTOMOTIVE SERVICES INC Autos Fleet - Park & Rec
1028516 460 ZIEGLER INC Other Rentals Fleet Capital
284321 460 J H LARSON COMPANY Supplies - Electrical City Center - CAM
1028418 457 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM
283973 456 ASPEN MILLS Clothing & Uniforms Fire
284014 453 EULL'S MANUFACTURING CO INC Repair & Maint. Supplies Stormwater Collection
284372 453 STAPLES ADVANTAGE Office Supplies Customer Service
283986 453 BREZA ROBERT AR Utility Water Enterprise Fund
284620 452 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
8322 450 FURTHER - AKA SELECT HRA Health and Benefits
284578 450 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
283828 449 CORE & MAIN Repair & Maint. Supplies Stormwater Collection
284254 443 PETTY CASH-POLICE DEPT Clothing & Uniforms Police Sworn
283932 438 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1028520 436 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
1028435 436 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
283916 435 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
284061 435 LANO EQUIPMENT INC Equipment Parts Street Maintenance
1028577 434 CONCRETE CUTTING AND CORING Small Tools Park Maintenance
8385 433 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration
284439 430 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
284042 429 IEDITWEB INC Licenses, Taxes, Fees Garden Room Repairs
1028469 429 CONCRETE CUTTING AND CORING Landscape Materials/Supp Street Maintenance
284143 429 STAPLES ADVANTAGE Office Supplies Customer Service
284407 427 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
284325 426 JOHNSTONE SUPPLY Supplies - HVAC Police (City Cost)
284212 423 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
283902 423 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
283965 422 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
283758 422 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
1028411 422 CARLSTON, BRANDON Canine Supplies Police Sworn
284027 419 HAFFTEN CARRIE AR Utility Water Enterprise Fund
284621 419 WINEBOW Liquor Product Received Prairie View Liquor Store
283927 418 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
284671 416 LUBE-TECH & PARTNERS LLC Small Tools Fleet Operating
284552 414 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
283991 414 CINTAS CORPORATION Safety Supplies Community Center Admin
284248 412 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store
284471 411 CENTURYLINK Telephone IT Operating
1028463 408 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
284700 407 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Capital
1028576 406 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
283732 404 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1028556 401 MENARDS Operating Supplies Traffic Signals
1028530 400 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
284392 400 WONDERWEAVERS Other Contracted Services Staring Lake Concert
284586 400 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
283939 399 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
1028359 398 FASTENAL COMPANY Equipment Parts Fleet Operating
1028346 398 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
283935 397 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
8334 396 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration
283781 391 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
8345 391 FURTHER - AKA SELECT FSA - Medical Health and Benefits
284307 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service
1028571 388 VINOCOPIA Liquor Product Received Den Road Liquor Store
284047 384 JENSON DAVID AR Utility Water Enterprise Fund
1028437 380 BOYER TRUCKS Equipment Parts Fleet Operating
1028480 380 TESSMAN SEED CO Landscape Materials/Supp Park Maintenance
284106 379 PERRY RICHARD AR Utility Water Enterprise Fund
284627 378 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie Village Liquor Store
284470 378 CBIZ INVESTMENT ADVISORY SERVICES LLC Other Contracted Services Health and Benefits
284190 377 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
283830 375 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery
284303 375 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery
284479 375 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery
1028363 370 OLSEN CHAIN & CABLE Repair & Maint. Supplies Utility Operations - General
284329 369 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fire
284608 368 DOMACE VINO Liquor Product Received Prairie View Liquor Store
283854 367 MINNESOTA AIR INC Other Contracted Services Den Road Liquor Store
283946 367 WINEBOW Liquor Product Received Den Road Liquor Store
284480 366 EARL F ANDERSEN INC Signs Traffic Signs
1028569 366 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
1028496 365 HD SUPPLY FACILITIES MAINTENANCE Supplies - Plumbing City Center - CAM
284464 365 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance
1028423 363 OLSEN CHAIN & CABLE Equipment Parts Wasterwater Collection
284026 360 H2I GROUP Contract Svcs - General Bldg Police (City Cost)
283847 358 LANO EQUIPMENT INC Equipment Parts Fleet Operating
284240 358 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1028521 357 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
284454 356 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
284511 356 MIDWEST MECHANICAL SUPPLY Supplies - HVAC City Center - CAM
1028466 354 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
284252 352 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
284247 351 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
284629 351 ASSURED SECURITY Other Contracted Services Purgatory Creek Park
284078 350 MARSHALL, ADAM DOUGLAS Other Contracted Services Staring Lake Concert
283804 350 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie Village Liquor Store
1028525 346 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
284415 344 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
284507 343 MACQUEEN EQUIPMENT INC Protective Clothing Fire
284281 342 CENTURYLINK Internet Staring Lake
Check #Amount Supplier / Explanation Account Description Business Unit Comments
284398 341 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1028445 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating
284457 336 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1028452 332 TESSCO INC Equipment Parts Fleet Operating
284298 330 DALE GREEN COMPANY, THE Landscape Materials/Supp Park Maintenance
284571 330 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
284710 327 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance
284344 325 NOKOMIS SHOE SHOP Clothing & Uniforms Inspections-Administration
1028353 323 VINOCOPIA Liquor Product Received Prairie View Liquor Store
283872 323 QUALITY REFRIGERATION Equipment Repair & Maint Concessions
284311 321 FERGUSON WATERWORKS Repair & Maint. Supplies Water Distribution
284485 321 FERGUSON WATERWORKS Repair & Maint. Supplies Water Distribution
284164 319 WATER CONSERVATION SERVICES INC Other Contracted Services Water Distribution
1028403 316 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
284602 315 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
284444 315 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
284458 314 WINEBOW Liquor Product Received Prairie View Liquor Store
284607 312 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
1028552 309 GRAFIX SHOPPE Equipment Parts Fleet Operating
284506 307 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating
283856 307 MINNESOTA TROPHIES & GIFTS Operating Supplies Park Maintenance
284368 304 SMSC ENTERPRISES Landscape Materials/Supp Park Maintenance
284177 303 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
283905 303 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
284291 303 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance
1028479 303 STREIFF, CHAD Travel Expense Police Sworn
8323 300 FURTHER - AKA SELECT HRA Health and Benefits
284631 300 BALASUBRAMANIAN ARCHANA Other Contracted Services PeopleFest
284654 300 DRAG N FLY WIRELESS INC Software Maintenance IT Operating
284672 300 LUX, EMILY LOUISE Other Contracted Services Theatre Initiative
284712 300 VENINGA CHRISTIAN Other Contracted Services Theatre Initiative
8328 300 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
1028405 299 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1028389 298 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
284133 296 SHEPPARD ELIZABETH Operating Supplies Outdoor Center
284218 296 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
1028534 295 FASTENAL COMPANY Operating Supplies Traffic Signs
283871 295 PRINT SOURCE MINNESOTA Employee Award Internal Events
284704 295 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concr.Building 51
1028528 293 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
284487 293 GALLAGHERS INC Gravel Stormwater Collection
283957 289 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
284204 285 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
283834 285 FASTSIGNS Signs Capital Outlay Parks
283764 281 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
284142 279 ST CROIX LINEN LLC Operating Supplies-Linens Fire
284535 279 ST CROIX LINEN LLC Operating Supplies-Linens Fire
1028344 279 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
8356 278 US BANK - PAYMODE Bank and Service Charges Finance
284562 278 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
284349 276 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn
1028539 275 METROPOLITAN FORD Equipment Repair & Maint Fleet Operating
284677 275 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Operating
284513 272 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals
284205 271 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
283950 270 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
284216 269 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
1028519 266 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
283786 266 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
284421 265 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
1028596 264 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating
284095 263 MOUND FIRE DEPARTMENT Operating Supplies WAFTA
1028482 262 VAN PAPER COMPANY Cleaning Supplies General Community Center
284308 262 EDINA REALTY RELOCATION AR Utility Water Enterprise Fund
283944 261 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
284055 261 KORTHALS MICHELLE P&R Refunds Community Center Admin
284227 261 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
284059 260 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Police (City Cost)
1028465 256 VINOCOPIA Liquor Product Received Prairie View Liquor Store
284569 255 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
1028598 255 GRAINGER Repair & Maint. Supplies City Center - CAM
283740 254 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1028399 252 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
283937 252 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store
1028458 251 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
1028347 251 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
284072 250 LUX, EMILY LOUISE Other Contracted Services Theatre Initiative
284299 250 DATA PRACTICES OFFICE Tuition Reimbursement/School Police Sworn
284332 250 METRO DINING CLUB Deposits General Fund
284377 249 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
1028376 247 GRAINGER Repair & Maint. Supplies Water Treatment
1028390 247 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC City Center - CAM
284005 247 DIRECTV Cable TV Community Center Admin
284219 246 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store
283794 245 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
284521 245 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
284334 245 MINNESOTA AIR INC Supplies - HVAC Fire Station #2
284668 244 J H LARSON COMPANY Supplies - General Bldg City Center - CAM
284537 244 STAPLES ADVANTAGE Office Supplies Customer Service
283816 243 BROADWAY AWARDS Operating Supplies City Council
284001 242 DELTA DENTAL Wages and Benefits 494 Corridor Commission
283956 242 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
283803 241 AQUA LOGIC INC Supplies - Pool Pool Maintenance
1028486 240 BOYER TRUCKS Equipment Parts Fleet Operating
283904 238 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
1028394 238 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
1028345 237 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
284610 234 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
284347 233 PAPCO INC Cleaning Supplies General Community Center
1028570 233 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
283972 231 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
284101 231 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Park Shelters
283970 231 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie View Liquor Store
284556 229 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1028457 228 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
283793 225 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
283858 225 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Operating
284011 225 EDEN PRAIRIE NOON ROTARY CLUB Conference/Training Housing and Community Service
284030 225 HALE, WILLIAM Other Contracted Services Staring Lake Concert
284033 225 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services
284376 225 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery
283975 224 BACAL, AGNIESZKA Operating Supplies Outdoor Center
284532 223 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating
1028526 223 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
283735 222 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
283960 222 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1028499 221 LOCATORS & SUPPLIES INC Asphalt Overlay Street Maintenance
284174 218 ZAZUETA ALFONSO AR Utility Water Enterprise Fund
284122 218 ROISUM CHRIS AR Utility Water Enterprise Fund
283761 218 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1028593 216 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
284337 215 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
284187 214 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
1028517 214 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
283865 214 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Facilities Staff
284236 213 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
284589 213 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
283908 212 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1028493 209 GRAFIX SHOPPE Equipment Parts Fleet Operating
284226 208 STACKED DECK BREWING Liquor Product Received Den Road Liquor Store
1028574 207 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
283897 207 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
283915 207 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
284019 207 GEIWITZ PAUL AR Utility Water Enterprise Fund
284518 205 OLSON LYNN Operating Supplies Playgrounds
1028604 205 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
284183 204 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1028391 203 SPRINT Cell Phones 494 Corridor Commission
1028607 203 SPRINT Cell Phones 494 Corridor Commission
284557 203 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
283941 203 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
284013 201 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Lubricants & Additives Fleet Operating
283920 200 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store
283734 200 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
284577 200 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
284707 200 TARAANGINI DANCE Other Contracted Services Staring Lake Concert
1028357 200 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fire
284217 198 MEGA BEER Liquor Product Received Den Road Liquor Store
1028395 197 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
284146 196 STILES PETER AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1028419 196 METROPOLITAN FORD Equipment Parts Fleet Operating
284680 195 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
1028572 193 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
284678 193 MN MAINTENANCE EQUIPMENT INC Equipment Repair & Maint Park Maintenance
284595 192 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
1028417 192 HACH COMPANY Laboratory Chemicals Water Treatment
1028352 191 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
283825 190 COMCAST Internet IT Operating
1028561 188 SPS COMPANIES Supplies - Plumbing Park Shelters
1028606 188 PRAIRIE ELECTRIC COMPANY Repair & Maint. Supplies Water Treatment
1028568 187 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
284006 186 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1028524 186 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
1028529 186 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
284516 185 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
284691 184 PROP Other Contracted Services CDBG - Public Service
283980 184 BLYTHE BRUCE AR Utility Water Enterprise Fund
284483 184 EDEN PRAIRIE ROTARY CLUB Dues & Subscriptions Administration
284466 183 BLUEPEARL VETERINARY Other Contracted Services Police Sworn
283765 182 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
283751 182 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
283892 182 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
284108 181 PIERCE BARBARA AR Utility Water Enterprise Fund
284460 181 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Den Road Liquor Store
284708 180 THE ADVENT GROUP Temp 494 Corridor Commission
1028540 180 MITTELSTADT, SCOTT Clothing & Uniforms Police Sworn
284369 179 SNAP-ON TOOLS Small Tools Fleet Operating
1028488 177 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM
283746 176 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
284450 176 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
8350 176 VANCO SERVICES Bank and Service Charges Wastewater Accounting
283878 175 STAPLES ADVANTAGE Office Supplies Customer Service
284541 175 TWIN CITY MONUMENT CO Other Contracted Services Pleasant Hill Cemetery
284211 173 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store
284564 173 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
1028425 173 QUALITY PROPANE Gas Ice Arena Maintenance
284394 172 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
284432 172 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
284200 171 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
284411 171 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
284383 171 WM CORPORATE SERVICES INC Waste Disposal Fire Station #3
284243 171 MEGA BEER Liquor Product Received Prairie View Liquor Store
284192 170 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
284244 170 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
284434 170 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
284062 169 LARSON KRISTY AR Utility Water Enterprise Fund
283840 168 HLS OUTDOOR Repair & Maint. Supplies Round Lake
283771 168 STACKED DECK BREWING Liquor Product Received Den Road Liquor Store
284071 168 LUNDIN-DAIRE ROXANNE AR Utility Water Enterprise Fund
8330 168 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture
Check #Amount Supplier / Explanation Account Description Business Unit Comments
8389 167 SQUARE Bank and Service Charges Community Center Admin
1028459 166 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
284427 166 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
1028470 166 EICHMAN NATHAN Canine Supplies Police Sworn
283967 166 ANDERSON BRYAN AR Utility Water Enterprise Fund
1028455 166 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
284295 166 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn
284278 166 CARRANE JEFF Travel Expense Fire
1028609 165 STERICYCLE INC Other Contracted Services Police Sworn
284008 163 DUNCAN NISHA AR Utility Water Enterprise Fund
283951 162 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
284179 162 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
284206 162 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
1028542 161 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1028594 160 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
284152 160 THE ADVENT GROUP Temp 494 Corridor Commission
284178 160 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
1028448 159 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
284251 159 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
284319 159 HLS OUTDOOR Chemicals Park Maintenance
284443 159 DOMACE VINO Liquor Product Received Prairie View Liquor Store
283867 158 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen SuppliesFire
1028549 157 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
283984 156 BRANDT MICHAEL AR Utility Water Enterprise Fund
284154 155 TONG WILLIAM AR Utility Water Enterprise Fund
1028464 155 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1028478 154 QUALITY PROPANE Operating Supplies Ice Arena Maintenance
284185 153 FAT PANTS BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
284028 153 HAGG COLLEEN AR Utility Water Enterprise Fund
1028586 153 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
284010 152 EDEN PRAIRIE FIGURE SKATING CLUB P&R Refunds Community Center Admin
1028471 151 FLEETPRIDE INC Equipment Parts Fleet Operating
283744 150 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
283797 150 ADAM BETTCHER PHOTOGRAPHY Other Contracted Services Police Sworn
284336 150 MINNESOTA STATE FIRE CHIEFS ASSN Operating Supplies-Dept EventsFire
284378 150 TRAYNOR JEFF AR Utility Water Enterprise Fund
1028510 150 USA SECURITY Maintenance Contracts Water Treatment
284504 150 LESNAU BRIANNE Clothing & Uniforms Police Sworn
1028364 148 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
283919 148 56 BREWING LLC Liquor Product Received Den Road Liquor Store
284293 148 COREMARK METALS Equipment Repair & Maint Fleet Operating
284199 147 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
284437 147 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
284118 147 ROBISON BRIAN AR Utility Water Enterprise Fund
284356 147 PRINT SOURCE MINNESOTA Employee Award Internal Events
1028460 146 VINOCOPIA Liquor Product Received Den Road Liquor Store
1028462 146 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
284274 146 BREDAHL PLUMBING INC Plumbing Surcharge General Fund
284054 145 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Community Center Admin
1028406 144 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
283921 144 ARBEITER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1028362 143 METROPOLITAN FORD Equipment Parts Fleet Operating
284651 143 DAYROBB BATTERIES PLUS Supplies - General Bldg City Center - CAM
284114 143 PROPERTIES IMPERIAL AR Utility Water Enterprise Fund
283862 142 MUELLER NANO P&R Refunds Community Center Admin
283931 142 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
284191 142 MEGA BEER Liquor Product Received Prairie Village Liquor Store
284625 142 AMPUERO IVON P&R Refunds Community Center Admin
284088 141 MILES LANE AR Utility Water Enterprise Fund
1028412 140 CLAREY'S SAFETY EQUIPMENT Equipment Parts Fleet Operating
284525 140 PROP - PR Charitable Contributions Health and Benefits
284694 140 PROP - PR Charitable Contributions Health and Benefits
8342 139 OPTUM HEALTH Other Contracted Services Health and Benefits
1028580 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service
1028397 138 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store
1028567 138 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
284287 138 COMCAST Cable TV Fire
1028408 138 AHO, BRAD AR Utility Water Enterprise Fund
283749 136 56 BREWING LLC Liquor Product Received Den Road Liquor Store
284575 136 56 BREWING LLC Liquor Product Received Den Road Liquor Store
284543 135 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance
284603 135 BRASS FOUNDERY Liquor Product Received Prairie View Liquor Store
284237 135 DOMACE VINO Liquor Product Received Prairie View Liquor Store
284128 134 SCHIEBLER WILLIAM AR Utility Water Enterprise Fund
283783 134 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
284585 134 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
284563 134 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
284149 132 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
283824 132 COMCAST Phone/Data/Web 494 Corridor Commission
283936 132 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
284643 130 COMCAST Phone/Data/Web 494 Corridor Commission
283738 130 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
284478 130 DALMASSO KATHRYN P&R Refunds Community Center Admin
284197 128 STACKED DECK BREWING Liquor Product Received Prairie Village Liquor Store
284684 126 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
284422 126 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
284171 123 WORKMAN DENNIS AR Utility Water Enterprise Fund
284515 122 MOST DEPENDABLE FOUNTAINS Repair & Maint. Supplies Park Maintenance
1028467 122 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
284664 122 HERMAN'S LANDSCAPE Landscape Materials/Supp Capital Outlay Parks
284696 121 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn
284404 120 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1028420 120 MPX GROUP, THE Printing Police Sworn
1028584 120 MPX GROUP, THE Printing Police Sworn
284067 119 LODOEN GARRY AR Utility Water Enterprise Fund
283791 118 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
283983 117 BOYD MARY AR Utility Water Enterprise Fund
1028527 117 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1028421 117 MUNOZ, MEGAN Mileage & Parking Fitness Admin.
283739 115 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
284416 114 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
283971 113 ARBESS MONICA AR Utility Water Enterprise Fund
283787 113 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
284405 113 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
284429 113 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
284452 113 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
283961 112 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1028490 112 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
283851 111 MATTS AUTO SERVICE INC Equipment Repair & Maint Fleet Operating
1028582 111 MIDWEST SIGN & SCREEN PRINTING SUPPLY CO Operating Supplies Traffic Signs
283780 111 DOMACE VINO Liquor Product Received Prairie View Liquor Store
284238 110 FAT PANTS BREWING CO LLC Liquor Product Received Prairie View Liquor Store
1028374 108 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
1028379 108 LOCATORS & SUPPLIES INC Operating Supplies Street Maintenance
283998 107 CROUSE LISA AR Utility Water Enterprise Fund
283799 106 ALTEC INDUSTRIES INC Equipment Parts Street Maintenance
284167 106 WHITE PATRICIA AR Utility Water Enterprise Fund
284633 106 BORDEN MICHAEL SCOTT Miscellaneous Police Sworn
1028350 106 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
284124 106 S&S WORLDWIDE INC Operating Supplies Playgrounds
284140 105 SNAP-ON TOOLS Small Tools Fleet Operating
1028449 105 OSI BATTERIES INC Office Supplies Police Sworn
284473 105 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
284645 105 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
284686 105 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Building 51
284100 105 OSMUNDSON JOSEPH AR Utility Water Enterprise Fund
284338 104 MN DEPARTMENT OF NATURAL RESOURCES Licenses, Taxes, Fees Stormwater Non-Capital
283992 103 COMCAST Cable TV Fire
283948 102 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store
284173 100 WYSONG MARK AR Utility Water Enterprise Fund
1028566 100 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
284400 100 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
284446 100 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
1028443 100 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment
1028447 100 MINNESOTA RECREATION & PARK ASSOCIATION Advertising Community Center Admin
284528 100 ROSA DAVID AR Utility Water Enterprise Fund
284172 100 WUNDERLICH CHARLES AR Utility Water Enterprise Fund
1028483 99 WEEGE NOAH Operating Supplies Stormwater Non-Capital
284023 99 GREENINGER ROBERT AR Utility Water Enterprise Fund
284698 99 SPEEDPRO IMAGING INC Signs Park Maintenance
283909 98 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
284249 96 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store
284435 96 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
284597 96 STACKED DECK BREWING Liquor Product Received Den Road Liquor Store
284130 96 SCOTT PATRICIA AR Utility Water Enterprise Fund
1028497 96 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
8329 95 SAGE PAYMENT SOLUTIONS Bank and Service Charges Arts
284107 95 PIECHOWSKI KATHRYN AR Utility Water Enterprise Fund
284161 95 WARNEN THOMAS AR Utility Water Enterprise Fund
284135 95 SHOGREN WILLIAM AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments
284136 94 SHRED RIGHT Waste Disposal City Hall (City Cost)
284544 93 VERIZON WIRELESS Telephone IT Operating
283769 93 SMALL LOT MN Liquor Product Received Den Road Liquor Store
283913 93 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
283760 92 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
284492 90 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
284565 90 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
284591 90 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
284613 90 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
283823 90 COMCAST Internet IT Operating
284068 89 LOOSER WILLIAM AR Utility Water Enterprise Fund
284486 89 FOUNDATION BUSINESS SYSTEMS, LLC Other Contracted Services Stormwater Non-Capital
1028430 89 TUCKER DOUG Mileage & Parking Athletic Programs Admin
283977 86 BARNES, RICHARD AR Utility Water Enterprise Fund
283994 86 COMCAST Cable TV Fire
284628 85 ASPEN MILLS Clothing & Uniforms Fire
283982 83 BONDER TARA AR Utility Water Enterprise Fund
1028404 82 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
284503 82 LAWN RANGER, INC, THE Other Contracted Services Park Maintenance
1028402 82 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
284097 82 NELSON NANCY AR Utility Water Enterprise Fund
283997 82 COUGHLIN ROBERT AR Utility Water Enterprise Fund
1028477 82 PORTA, KITTY Mileage & Parking City Clerk
283837 80 HAGERT CASEY Operating Supplies Safety Camp
1028533 80 BUESGENS RYAN Conference/Training Facilities Staff
283820 80 CINTAS Operating Supplies Park Maintenance
284639 80 CINTAS Operating Supplies Park Maintenance
283981 79 BODEM NICOLE AR Utility Water Enterprise Fund
284099 78 NICKLOW NICOLE AR Utility Water Enterprise Fund
283942 77 SMALL LOT MN Liquor Product Received Den Road Liquor Store
284617 77 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
284322 77 JERRY'S ENTERPRISES INC Repair & Maint. Supplies Water Distribution
283861 75 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
1028373 75 CITI-CARGO & STORAGE CO, INC Other Rentals Eden Prairie Players
1028592 75 CITI-CARGO & STORAGE CO, INC Other Rentals Eden Prairie Players
284502 74 LANO EQUIPMENT INC Equipment Parts Fleet Operating
283895 74 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
283947 74 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
283772 74 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
283863 74 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
283831 74 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
283912 73 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store
8351 72 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
283790 72 PK BLOODY MARY CORP Liquor Product Received Prairie View Liquor Store
284568 72 PK BLOODY MARY CORP Liquor Product Received Prairie Village Liquor Store
284594 72 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store
283727 72 BRASS FOUNDERY Liquor Product Received Prairie Village Liquor Store
284282 70 CHANDWANI SUMEET P&R Refunds Community Center Admin
284288 69 COMCAST Cable TV Fire
284104 69 PEMBERTON ALLISON AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments
8349 69 MONEY MOVERS INC Other Contracted Services Community Center Admin
284461 69 ASPEN MILLS Clothing & Uniforms Police Sworn
284202 68 56 BREWING LLC Liquor Product Received Den Road Liquor Store
284230 68 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
284550 68 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
284012 67 EICHER CHARLES AR Utility Water Enterprise Fund
283988 66 BROWN SUE AR Utility Water Enterprise Fund
283898 66 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
1028611 64 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
1028410 63 BOLD, PAULINE Operating Supplies Outdoor Center
284168 63 WILEY ROBERT AR Utility Water Enterprise Fund
284115 62 QUIRING LISA AR Utility Water Enterprise Fund
284649 62 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn
284057 61 KUTSHEID JEFF AR Utility Water Enterprise Fund
1028475 61 METROPOLITAN FORD Equipment Parts Fleet Operating
284000 61 DAMASIN MICHAEL AR Utility Water Enterprise Fund
1028591 60 CDW GOVERNMENT INC.Printers -Accessories IT Operating
283768 60 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
284083 60 MECHLEY BRENDA AR Utility Water Enterprise Fund
284111 60 PRIDEAUX JOANNE AR Utility Water Enterprise Fund
1028509 59 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
283868 59 PAPCO INC Cleaning Supplies General Community Center
8367 58 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
283890 58 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
283995 58 COOK, BRAD AR Utility Water Enterprise Fund
284151 57 TALBOTT MARY AR Utility Water Enterprise Fund
284109 56 POLSON CHRISTOPHER AR Utility Water Enterprise Fund
284340 55 MR CUTTING EDGE Repair & Maint - Ice Rink Ice Arena Maintenance
283993 55 COMCAST Cable TV Fire
1028485 54 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
284687 53 PAPCO INC Janitor Service General Community Center
284176 53 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store
1028385 52 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
284043 52 IVERSON MIKE AR Utility Water Enterprise Fund
283855 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
284090 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
284103 52 PASQUALIN GAETANO AR Utility Water Enterprise Fund
1028413 52 CONCRETE CUTTING AND CORING Operating Supplies Street Maintenance
284025 51 GS DIRECT Miscellaneous Parks Administration
284098 51 NGUYEN JOE AR Utility Water Enterprise Fund
284079 51 MARTIN MATTHEW AR Utility Water Enterprise Fund
284286 50 COMCAST Internet IT Operating
8347 50 FURTHER - AKA SELECT HRA Health and Benefits
284674 50 MCGIVERN AMANDA Other Contracted Services Eden Prairie Players
1028536 50 HESSEL, ZACK Clothing & Uniforms Police Sworn
1028531 49 AMERICAN SOLUTIONS FOR BUSINESS Clothing & Uniforms Senior Center Admin
284094 48 MITCHELL KRISTIN AR Utility Water Enterprise Fund
284493 48 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating
1028575 48 VINOCOPIA Liquor Product Received Prairie View Liquor Store
284642 46 COMCAST Cable TV Fire
Check #Amount Supplier / Explanation Account Description Business Unit Comments
284198 46 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store
284125 46 SANTUR ABDIMAHAD AR Utility Water Enterprise Fund
284024 45 GROTH MUSIC Operating Supplies Community Band
1028560 42 SPRINT Cell/Pager Plans IT Operating
284409 42 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store
284616 42 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store
284009 41 DURAND MARY ANN P&R Refunds Community Center Admin
283752 41 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
284232 41 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
284539 40 THE ADVENT GROUP Temp 494 Corridor Commission
284380 40 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance
1028578 39 CUSTOM HOSE TECH Equipment Parts Fleet Operating
284121 39 ROGERS DAN AR Utility Water Enterprise Fund
284077 39 MARSHALL ANDREW AR Utility Water Enterprise Fund
284040 38 HUNTINGTON MARYA AR Utility Water Enterprise Fund
283864 38 OHNSORG TRUCK BODIES INC Equipment Repair & Maint Fleet Operating
284035 38 HIPWELL, LISA AR Utility Water Enterprise Fund
284481 37 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
284656 37 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
284046 35 JAMA OMAR AR Utility Water Enterprise Fund
284060 35 LAM SUSAN AR Utility Water Enterprise Fund
1028522 35 VINOCOPIA Liquor Product Received Den Road Liquor Store
283873 34 RECKER, KATHRYN ROSSO Tuition Reimbursement/School Fitness Classes
283876 34 SQUIRES TARON Tuition Reimbursement/School Fitness Classes
284052 33 KIRST, JEFFREY AR Utility Water Enterprise Fund
284018 33 FLYNN, KERRY Operating Supplies Outdoor Center
284689 33 PRAIRIE LAWN AND GARDEN Landscape Materials/Supp Street Maintenance
1028537 31 JOHNSTONE SUPPLY Supplies - HVAC General Community Center
284050 31 KAFLEY SUVASH AR Utility Water Enterprise Fund
284713 31 VERIZON WIRELESS Telephone E-911 Program
284080 30 MCDEVITT TY AR Utility Water Enterprise Fund
284505 30 LIGHT GINA Clothing & Uniforms Theatre Initiative
1028384 29 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
1028446 29 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
8386 28 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture
284002 28 DEVILLERS KYLE AR Utility Water Enterprise Fund
284053 28 KISLING TERRY AR Utility Water Enterprise Fund
284127 28 SCHAFER NICK AR Utility Water Enterprise Fund
1028365 27 ROCKEY, JOSH Mileage & Parking Senior Center Admin
1028370 27 BOYER TRUCKS Equipment Parts Fleet Operating
1028541 26 OLSEN CHAIN & CABLE Repair & Maint. Supplies Wasterwater Collection
283999 26 DAHLE MIKE AR Utility Water Enterprise Fund
284134 26 SHIRLEY JOHN AR Utility Water Enterprise Fund
284701 26 STAPLES ADVANTAGE Office Supplies Utility Operations - General
284081 26 MCHALE PATRICK AR Utility Water Enterprise Fund
284702 25 STATE OF MINNESOTA Autos Fleet - Fire
8325 24 SQUARE Bank and Service Charges Community Center Admin
284341 24 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn
284517 24 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
284542 24 UNITED WAY Charitable Contributions Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit Comments
284682 24 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
8343 24 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
284137 24 SHURSON, BOB AR Utility Water Enterprise Fund
1028481 23 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Water Distribution
284147 23 STRANGE TAYLOR AR Utility Water Enterprise Fund
284641 23 COMCAST Other Contracted Services Police Sworn
284373 22 STATE OF MINNESOTA Autos Fleet - Public Works
284523 22 PRAIRIE LAWN AND GARDEN Repair & Maint. Supplies Street Maintenance
284004 21 DEZURIK Repair & Maint. Supplies Water Treatment
283969 21 APHALE RAHUL AR Utility Water Enterprise Fund
284175 21 ZONG FENGHUA AR Utility Water Enterprise Fund
1028356 20 AMERICAN SOLUTIONS FOR BUSINESS Operating Supplies Community Center Admin
284283 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission
1028428 20 SPOK, INC.Cell/Pager Plans IT Operating
284096 19 MUNGER MELISSA AR Utility Water Enterprise Fund
284116 19 RASMUSSEN SHAWN AR Utility Water Enterprise Fund
284363 19 RIZKALLA MARIE P&R Refunds Community Center Admin
284709 19 UNITED WAY Charitable Contributions Health and Benefits
284269 19 AHMED AMINA P&R Refunds Community Center Admin
1028544 19 BOYER TRUCKS Equipment Parts Fleet Operating
284058 18 LAFRENZ DALE AR Utility Water Enterprise Fund
284017 18 FLOR ANDREW AR Utility Water Enterprise Fund
284683 18 NORTHERN POWER PRODUCTS INC Equipment Parts Fleet Operating
283985 18 BRENT JOHNSON PERSONAL REP AR Utility Water Enterprise Fund
284074 18 MAHMOOD ALLYSON AR Utility Water Enterprise Fund
1028414 18 FAGNANT, SUSAN Operating Supplies Outdoor Center
283894 17 FRIEND CHERIE AR Utility Water Enterprise Fund
284148 17 STRELNIEKS KURTS AR Utility Water Enterprise Fund
284623 17 A TO Z RENTAL CENTER Operating Supplies Street Maintenance
284530 17 SHRED RIGHT Waste Disposal City Hall (City Cost)
284129 17 SCHUSTER MARY AR Utility Water Enterprise Fund
284131 16 SCOTT PATRICK AR Utility Water Enterprise Fund
284073 16 MAEDER JOHN AR Utility Water Enterprise Fund
284086 16 MEYER CALVIN AR Utility Water Enterprise Fund
284169 16 WILLIAMS KENNETH A AR Utility Water Enterprise Fund
284036 16 HOLZMEYER MICHAEL AR Utility Water Enterprise Fund
284119 16 RODRIGUEZ RACHEL AR Utility Water Enterprise Fund
284051 16 KASCHAK MARGARET AR Utility Water Enterprise Fund
284166 15 WEBER, BRADLEY AR Utility Water Enterprise Fund
283979 14 BLACKSTONE 1 LLC AR Utility Water Enterprise Fund
283848 14 LEAGUE MN CITIES INS TRUST Workers Comp Insurance 494 Corridor Commission
1028581 14 METROPOLITAN FORD Equipment Parts Fleet Operating
284029 13 HAKIMI CHERYL AR Utility Water Enterprise Fund
284157 13 VAN GEORGE AR Utility Water Enterprise Fund
284153 12 THIELEN JOHN AR Utility Water Enterprise Fund
283987 12 BROWN JULIE AR Utility Water Enterprise Fund
284044 11 J & J DEVELOPERS LLC AR Utility Water Enterprise Fund
283968 11 ANDERSON JOSHUA AR Utility Water Enterprise Fund
284007 11 DR FAIRWAY AR Utility Water Enterprise Fund
284296 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission
Check #Amount Supplier / Explanation Account Description Business Unit Comments
284066 10 LEVIN GENNADY AR Utility Water Enterprise Fund
284123 10 RYAN WADE AR Utility Water Enterprise Fund
8391 10 SAGE PAYMENT SOLUTIONS Bank and Service Charges Arts
284092 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
284120 10 ROFIDAL KEVIN AR Utility Water Enterprise Fund
284126 10 SAYTHER KEITH AR Utility Water Enterprise Fund
284082 9 MCNEIL STEPHANIE AR Utility Water Enterprise Fund
284158 9 VERDOORN JAMES AR Utility Water Enterprise Fund
284045 8 JAKUSZ JEFFREY AR Utility Water Enterprise Fund
1028610 8 STREICHERS Clothing & Uniforms Police Sworn
284049 8 KADLEC KATE AR Utility Water Enterprise Fund
1028422 8 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
284117 8 RAVI CHANDRA AR Utility Water Enterprise Fund
284093 7 MINYARD CHRISTOPHER AR Utility Water Enterprise Fund
284279 6 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF
284069 5 LOPEZ EXQUIVEL AR Utility Water Enterprise Fund
284160 5 VORA TUSHAR AR Utility Water Enterprise Fund
8370 5 PAYCHEX Wages and Benefits 494 Corridor Commission
284076 5 MARASCO ERIC AR Utility Water Enterprise Fund
284482 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
284657 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
1028612 5 UPS Postage Police Sworn
1028427 5 SITEONE LANDSCAPE SUPPLY, LLC Cleaning Supplies Pleasant Hill Cemetery
284285 4 COMCAST Other Contracted Services Police Sworn
8355 1 ULTIMATE SOFTWARE GROUP, THE Payroll Taxes Health and Benefits
9,112,969 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
8/17/2021
Amount Account Description Business Unit
9,193 Other Revenue General Fund
2,903 Software/Hardware Maint.IT Operating
2,495 Other Contracted Services Dunn Brothers
1,600 Equipment Repair & Maint Public Safety Communications
1,398 Software IT Operating
1,360 Conference/Training Utility Operations - General
999 Other Contracted Services Communications
900 Bank and Service Charges Prairie View Liquor Store
750 Tuition Reimbursement/School Police Sworn
739 Miscellaneous Internal Events
717 Operating Supplies Arts Center
695 Training Fire
694 Operating Supplies Playgrounds
655 Conference/Training Fire
655 Conference/Training Fire
637 Conference/Training Fire
600 Dues & Subscriptions Planning
570 Operating Supplies Police Sworn
550 Repair & Maint. Supplies General Community Center
537 Operating Supplies Police Sworn
527 Repair & Maint. Supplies City Hall (City Cost)
509 Clothing & Uniforms Pool Lessons
500 Other Contracted Services City Council
484 Computers IT Operating
472 Operating Supplies Safety Camp
471 Advertising Community Center Admin
469 Travel Expense Fire
450 Advertising Community Center Admin
450 Advertising Recreation Admin
449 Operating Supplies Police Sworn
446 Operating Supplies Police Sworn
430 Operating Supplies Police Sworn
425 Travel Expense Fire
410 Conference/Training Fire
400 Dues & Subscriptions Human Resources
400 Conference/Training Assessing
399 Employment Advertising Organizational Services
397 Tuition Reimbursement/School Police Sworn
385 Conference/Training Fire
371 Operating Supplies Fire
369 Tuition Reimbursement/School Police Sworn
369 Tuition Reimbursement/School Police Sworn
Amount Account Description Business Unit
369 Travel Expense Fire
357 Operating Supplies Police Sworn
356 Deposits General Fund
350 Operating Supplies Outdoor Center
347 Training Fire
332 Equipment Parts Fleet Operating
330 Equipment Repair & Maint Public Safety Communications
328 Tuition Reimbursement/School Police Sworn
328 Tuition Reimbursement/School Police Sworn
324 Employee Award Organizational Services
322 Miscellaneous City Council
310 Conference/Training Utility Operations - General
310 Licenses, Taxes, Fees Utility Operations - General
305 Operating Supplies Youth Programs Admin
300 Other Contracted Services Liquor Store Delivery
299 Conference/Training Parks Administration
295 Equipment Parts Fleet Operating
290 Capital Under $25,000 Fitness Center
272 Travel Expense Police Sworn
268 Office Supplies Police Sworn
258 Operating Supplies Park Maintenance
256 Conference/Training Pool Operations
256 Conference/Training Pool Operations
253 Operating Supplies Fire
250 Lab Supplies Water Treatment
245 Building Repair & Maint.Park Maintenance
240 Conference/Training Tree Disease
240 Canine Supplies Police Sworn
236 Equipment Parts Fleet Operating
234 Conference/Training City Clerk
224 Other Contracted Services Street Maintenance
221 Travel Expense Police Sworn
219 Operating Supplies Playgrounds
215 Operating Supplies July 4th Celebration
212 Operating Supplies Arts Center
207 Operating Supplies Youth Programs Admin
200 Miscellaneous Volunteers
194 Tuition Reimbursement/School Police Sworn
190 Repair & Maint. Supplies General Community Center
183 Operating Supplies Staring Lake Concert
180 Operating Supplies Outdoor Center
180 Operating Supplies Tennis
178 Employee Award Organizational Services
170 Operating Supplies July 4th Celebration
169 Operating Supplies Community Center Admin
162 Merchandise for Resale Concessions
Amount Account Description Business Unit
161 Video & Photo Supplies Assessing
161 Conference/Training Pool Operations
161 Conference/Training Pool Operations
161 Training Fire
161 Training Fire
159 Employee Award Organizational Services
159 Equipment Parts Fleet Operating
151 Dues & Subscriptions Sustainable Eden Prairie
150 Operating Supplies July 4th Celebration
150 Dues & Subscriptions Human Resources
150 Dues & Subscriptions Assessing
148 Employee Award Organizational Services
143 Equipment Parts Fleet Operating
141 Signs Tree Disease
138 Operating Supplies Arts Center
138 Conference/Training Pool Operations
138 Operating Supplies Youth Programs Admin
137 Operating Supplies Volunteers
135 Operating Supplies Arts Center
130 Dues & Subscriptions Park Maintenance
130 Operating Supplies July 4th Celebration
129 Tuition Reimbursement/School Police Sworn
128 Repair & Maint. Supplies Stormwater Collection
125 Operating Supplies Community Center Admin
123 Operating Supplies Arts Center
123 Operating Supplies Playgrounds
120 Special Event Fees Senior Center Programs
119 Repair & Maint. Supplies Stormwater Collection
118 Training Supplies Community Center Admin
116 Operating Supplies Safety Camp
116 Operating Supplies Safety Camp
113 Software/Hardware Maint.IT Operating
113 Operating Supplies Arts Center
111 Operating Supplies Riley Lake Beach
111 Merchandise for Resale Concessions
111 Operating Supplies Elections
107 Operating Supplies Fire
106 Other Rentals Summer Theatre
103 Repair & Maint. Supplies Fire
102 Operating Supplies Playgrounds
102 Miscellaneous Volunteers
102 Licenses, Taxes, Fees Concessions
100 Tuition Reimbursement/School Police Sworn
100 Licenses, Taxes, Fees Fitness Classes
100 Miscellaneous Volunteers
100 Operating Supplies Outdoor Center
Amount Account Description Business Unit
100 Operating Supplies Outdoor Center
98 Operating Supplies Arts Center
97 Small Tools Fire
96 Special Event Fees Senior Center Programs
96 Conference/Training Pool Lessons
94 Operating Supplies Playgrounds
92 Operating Supplies Outdoor Center
91 Operating Supplies Arts Center
90 Deposits General Fund
89 Software/Hardware Maint.Fire
88 Small Tools Street Maintenance
87 Operating Supplies Concessions
87 Operating Supplies Fire
86 Operating Supplies Community Center Admin
85 Dues & Subscriptions Assessing
85 Dues & Subscriptions Assessing
85 Conference/Training Assessing
85 Landscape Materials/Supp Reforestation
81 Operating Supplies Police Sworn
80 Conference/Training Pool Operations
79 Operating Supplies Outdoor Center
78 Operating Supplies Fire
77 Operating Supplies Youth Programs Admin
77 Operating Supplies Volleyball
75 Operating Supplies Pool Lessons
75 Tuition Reimbursement/School Police Sworn
75 Equipment Parts Fleet Operating
75 Dues & Subscriptions Police Sworn
72 Operating Supplies Youth Programs Admin
72 Operating Supplies Theatre Initiative
72 Operating Supplies Youth Programs Admin
71 Repair & Maint. Supplies Water Distribution
71 Operating Supplies Youth Programs Admin
70 Other Contracted Services Organizational Services
69 Conference/Training Pool Operations
67 Operating Supplies Theatre Initiative
67 Operating Supplies Playgrounds
67 Operating Supplies July 4th Celebration
67 Operating Supplies Youth Programs Admin
66 Operating Supplies Outdoor Center
66 Operating Supplies Playgrounds
65 Dues & Subscriptions Tennis
64 Equipment Parts Staring Lake Concert
63 Operating Supplies Playgrounds
63 Other Contracted Services Street Maintenance
60 Operating Supplies Playgrounds
Amount Account Description Business Unit
59 Operating Supplies Arts Center
59 Operating Supplies Arts Center
59 Operating Supplies Elections
59 Operating Supplies July 4th Celebration
59 Deposits General Fund
58 Repair & Maint. Supplies Park Shelters
56 Operating Supplies IT Operating
56 Operating Supplies Tennis
55 Operating Supplies Arts Center
55 Miscellaneous Volunteers
55 Operating Supplies Police Sworn
55 Miscellaneous Engineering
55 Equipment Parts Street Maintenance
54 Operating Supplies Police Sworn
53 Other Contracted Services City Hall (City Cost)
53 Repair & Maint. Supplies Emergency Management
52 Operating Supplies Playgrounds
52 Miscellaneous Volunteers
52 Operating Supplies July 4th Celebration
52 Operating Supplies Arts Center
51 Special Event Fees Senior Center Programs
51 Operating Supplies IT Operating
51 Operating Supplies Playgrounds
50 Equipment Parts Fleet Operating
50 Operating Supplies Arts Center
50 Operating Supplies Round Lake Beach
48 Operating Supplies Playgrounds
48 Operating Supplies Playgrounds
48 Operating Supplies Summer Theatre
48 Equipment Repair & Maint Public Safety Communications
48 Operating Supplies Youth Programs Admin
48 Office Supplies Arts Center
47 Operating Supplies Youth Programs Admin
47 Operating Supplies Fitness Classes
45 Miscellaneous Volunteers
44 Training Fire
43 Operating Supplies Outdoor Center
43 Training Supplies Fire
42 Conference/Training Parks Administration
40 Dues & Subscriptions Fire
40 Repair & Maint. Supplies Facilities Staff
40 Dues & Subscriptions Economic Development
40 Operating Supplies Fire
39 Operating Supplies Concessions
39 Operating Supplies IT Operating
38 Capital Under $25,000 Fitness Center
Amount Account Description Business Unit
38 Repair & Maint. Supplies Fire
38 Training Fire
38 Clothing & Uniforms Fire
38 Operating Supplies July 4th Celebration
37 Video & Photo Supplies Assessing
37 Operating Supplies Volunteers
36 Operating Supplies Community Center Admin
36 Operating Supplies Community Center Admin
35 Dues & Subscriptions Police Sworn
35 Advertising PeopleFest
35 Operating Supplies Arts Center
34 Operating Supplies Prairie View Liquor Store
34 Operating Supplies Parks Administration
34 Operating Supplies Fitness Classes
33 Computers IT Operating
33 Operating Supplies Community Center Admin
32 Operating Supplies Arts Center
32 Operating Supplies Playgrounds
31 Operating Supplies Elections
31 Software/Hardware Maint.IT Operating
31 Operating Supplies Theatre Initiative
30 Tuition Reimbursement/School Police Sworn
30 Operating Supplies Community Center Admin
30 Operating Supplies Playgrounds
29 Operating Supplies IT Operating
29 Advertising PeopleFest
28 Operating Supplies Summer Theatre
27 Operating Supplies Outdoor Center
27 Operating Supplies Riley Lake Beach
27 Operating Supplies Youth Programs Admin
26 Operating Supplies Riley Lake Beach
25 Operating Supplies IT Operating
25 Miscellaneous Volunteers
25 Miscellaneous Volunteers
25 Miscellaneous Volunteers
25 Miscellaneous Volunteers
25 Miscellaneous Volunteers
24 Small Tools Facilities Staff
24 Operating Supplies Police Sworn
24 Operating Supplies Youth Programs Admin
24 Operating Supplies Community Center Admin
24 Operating Supplies Community Center Admin
23 Equipment Parts Fleet Operating
23 Operating Supplies Playgrounds
22 Office Supplies Police Sworn
21 Operating Supplies Theatre Initiative
Amount Account Description Business Unit
21 Equipment Parts Fleet Operating
20 Training Supplies Fire
20 Licenses, Taxes, Fees Utility Operations - General
20 Employee Award Organizational Services
20 Operating Supplies Youth Programs Admin
20 Operating Supplies Playgrounds
20 Employee Award Organizational Services
20 Operating Supplies Police Sworn
19 Repair & Maint. Supplies Wasterwater Collection
19 Repair & Maint. Supplies Water Distribution
19 Operating Supplies Playgrounds
18 Repair & Maint. Supplies General Community Center
18 Special Event Fees Senior Center Programs
18 Operating Supplies Outdoor Center
18 Operating Supplies Community Center Admin
17 Conference/Training City Clerk
17 Operating Supplies Community Center Admin
16 Operating Supplies Housing and Community Service
16 Operating Supplies Police Sworn
16 Operating Supplies Arts Center
16 Operating Supplies Police Sworn
15 Operating Supplies Arts Center
15 Operating Supplies Playgrounds
15 Operating Supplies Police Sworn
15 Operating Supplies Outdoor Center
15 Operating Supplies Arts Center
15 Operating Supplies Arts Center
14 Operating Supplies Volunteers
14 Equipment Parts Street Maintenance
14 Operating Supplies Police Sworn
14 Repair & Maint. Supplies Water Treatment
14 Operating Supplies Elections
14 Operating Supplies Arts Center
13 Operating Supplies Athletic Programs Admin
12 Operating Supplies July 4th Celebration
12 Repair & Maint. Supplies Stormwater Collection
11 Operating Supplies Community Center Admin
11 Operating Supplies July 4th Celebration
11 Operating Supplies IT Operating
11 Operating Supplies Pool Operations
10 Operating Supplies Arts Center
10 Operating Supplies Arts Center
10 Operating Supplies Police Sworn
10 Operating Supplies Arts Center
10 Operating Supplies Police Sworn
10 Operating Supplies Playgrounds
Amount Account Description Business Unit
10 Operating Supplies July 4th Celebration
9 Operating Supplies IT Operating
9 Operating Supplies Arts Center
9 Operating Supplies Playgrounds
9 Software IT Operating
9 Merchandise for Resale Concessions
8 Merchandise for Resale Concessions
8 Dues & Subscriptions Police Sworn
8 Mileage & Parking Fire
8 Operating Supplies Outdoor Center
8 Operating Supplies Pool Lessons
7 Operating Supplies July 4th Celebration
7 Operating Supplies Arts Center
7 Operating Supplies Arts Center
7 Conference/Training Parks Administration
7 Repair & Maint. Supplies Ice Arena Maintenance
7 Operating Supplies Arts Center
5 Mileage & Parking Police Sworn
5 Licenses, Taxes, Fees Fleet Operating
4 Operating Supplies Specialty Fitness Programs
4 Operating Supplies Outdoor Center
4 Operating Supplies Arts Center
4 Operating Supplies Arts Center
4 Dues & Subscriptions Assessing
4 Dues & Subscriptions Assessing
4 Dues & Subscriptions Assessing
4 Dues & Subscriptions Assessing
3 Dues & Subscriptions Tennis
3 Deposits General Fund
3 Operating Supplies Specialty Fitness Programs
2 Bank and Service Charges Customer Service
2 Operating Supplies July 4th Celebration
2 Operating Supplies Park Maintenance
-1 Software IT Operating
-1 Software IT Operating
-10 Deposits General Fund
-26 Training Supplies Community Center Admin
-26 Training Supplies Community Center Admin
-38 Operating Supplies Elections
-98 Software IT Capital
-105 Repair & Maint. Supplies Police (City Cost)
-203 Software/Hardware Maint.IT Operating
-356 Deposits General Fund
-518 Tuition Reimbursement/School Police Sworn
62,873 Report Total
CITY COUNCIL AGENDA
SECTION: Ordinances & Resolutions
DATE
August 17, 2021
DEPARTMENT / DIVISION
Jonathan Stanley, Office of Housing & Community Services
Janet Jeremiah, Community
Development
ITEM DESCRIPTION
First reading of an ordinance enacting a new City Code Chapter 13 related to Inclusionary Housing and adoption of an Inclusionary
Housing Policy
ITEM NO.
XI.A.
Requested Action Move to:
• Approve first reading of an ordinance enacting a new City Code Chapter 13 relating to Inclusionary Housing
• Adopt City of Eden Prairie Inclusionary Housing Policy
• Adopt Resolution Amending the Comprehensive Municipal Plan to add the text of the Inclusionary Housing Policy
Synopsis This action will support the integration of affordability into all multifamily development projects, increasing socioeconomic and geographic equity across the City.
Background Inclusionary Housing, a practice that ensures that new development projects include some percentage of affordable units, has been recommended for adoption by the Housing Task Force and has been
increasingly embraced in the region with ordinances or policies present in Bloomington, Edina, Golden
Valley, Minneapolis, St. Louis Park, and others. In Eden Prairie, staff has been negotiating inclusionary requirements on a deal-by-deal basis for several years. Staff now recommends formalizing and standardizing its requirements by way of a new Inclusionary Housing Policy and implementing City ordinance. The Policy and ordinance is consistent with and will be integrated into the City’s
Comprehensive Plan, Aspire Eden Prairie 2040. These inclusionary housing requirements will help the
City reach its affordable housing goals, provide direction to developers interested in working in the City, and benefit existing and new residents in search of housing in a high opportunity community. The attached Resolution is required by the Metropolitan Council to amend the Comprehensive Plan. Attachments Inclusionary Housing Ordinance Inclusionary Housing Policy Resolution Amending Comprehensive Plan
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. _______-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ENACTING NEW CITY CODE CHAPTER 13 RELATING TO INCLUSIONARY HOUSING
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. That the City Code is hereby amended by adding a new Chapter 13 to read as follows:
CHAPTER 13 – INCLUSIONARY HOUSING SECTION 13.01 – FINDINGS, PURPOSE, AND AUTHORITY.
Subd. 1. Findings. The City Council finds and declares the following:
A. Appropriate housing that meets its citizens’ needs is an integral part of Eden Prairie’s existing and future prosperity and its citizens’ health and well-being.
B. A notable housing shortage exists in Eden Prairie for lower-income rental properties and
owner-occupied housing.
C. There is a pronounced need to encourage and assist in the development of affordable housing in Eden Prairie.
D. A goal of the City’s Comprehensive Plan, Aspire Eden Prairie 2040, is to incentivize attainable and affordable housing options for lower-income households so they can move
to and remain in Eden Prairie.
E. Aspire Eden Prairie 2040 establishes the portion of Eden Prairie’s regional share of affordable housing at 1,408 new affordable units by 2030.
F. The health, safety, and economic welfare of the present and future residents of Eden Prairie depends on the availability of a range of housing choices affordable to persons and families
who live and work in the City.
G. Developing and maintaining a healthy mix of affordable housing options can foster a diverse, resilient local economy by bringing workers and residents closer to their jobs, schools, and necessary services.
Subd. 2. Purpose. The purpose of this Chapter is to implement the City’s Inclusionary Housing
Policy to further City’s goal of promoting diversity in its housing stock such that households of
various income levels, ages, and sizes have choice in the place they call home.
Subd. 3. Authority. This Chapter is adopted pursuant to the following authority:
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A. Minn. Stat. § 462.358, subd. 1a, which provides that a municipality may by ordinance adopt
and maintain in effect subdivision regulations “to promote the availability of housing
affordable to persons and families of all income levels”;
B. Minn. Stat. § 462.358, subd. 11, which provides that, in connection with approving a development application, a municipality may enter into an agreement with an applicant that provides for a portion of housing units be affordable with established pricing and long-
term affordability; and
C. Minn. Stat. § 473.859, which requires municipal comprehensive plans to include “a housing implementation program, including official controls to implement the housing element of the land use plan, which will provide sufficient existing and new housing to meet the local unit’s share of the metropolitan area need for low and moderate income
housing.”
D. Chapter 4 of the City’s Comprehensive Plan, Aspire Eden Prairie 2040, which emphasizes the need for increasing the City’s affordable housing stock and providing diverse, safe, high-quality affordable housing options to residents of all income levels.
SECTION 13.02. – DEFINITIONS.
For the purposes of this Chapter, the following terms, phrases, words, and their derivations have
the meanings given in this Section.
Affordable Residential Project means a development that has received funding directly from an entity other than the City in exchange for the provision of affordable dwelling units.
Area Median Income or AMI means the median household income as most recently determined by
the United States Department of Housing and Urban Development for the Minneapolis-St. Paul-
Bloomington, Minnesota – Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms.
Developer means any person who applies to the City for a comprehensive plan amendment, zoning amendment, planned unit development, or site plan review for a residential project subject to the
requirements of this Chapter.
Dwelling Unit means residential accommodation including kitchen facilities, permanently installed, which are arranged, designed, used, or intended for use as living quarters for one (1) family and not more than an aggregate of two (2) roomers or boarders.
Financial Assistance means the provision of TIF, pooled TIF, housing revenue bonds, grants
secured by the City on behalf of the owner, funds levied to support affordable housing, reduced or
waived City fees, and any other grants or loans provided by or through the City to the developer or owner that benefit a residential project.
Household means one person residing alone or two or more related or unrelated persons sharing residency in a dwelling unit.
3
Inclusionary Dwelling Unit means a dwelling unit within a residential project subject to this
Chapter that meets the affordability standards in Section 13.03, subdivision 1.
Income-Eligible Household means a household that meets the income requirements to qualify for ownership or occupancy of an inclusionary dwelling unit.
Market Rate Residential Project means a residential project in which the dwelling units are or will be marketed for sale or lease at a price affordable to households earning 120% or more of AMI.
Owner means the individual or entity that holds title to a property as determined from the Hennepin
County property records.
Residential Ownership Project means any residential project in which dwelling units are or will be sold to owners who will occupy the units.
Residential Project means any residential or mixed-use development that includes any duplex,
townhouse, apartment, condominium, or other multi-family residential dwelling units. A
residential project subject to the requirements of this Chapter does not include a development containing only single-family homes.
Residential Rental Project means any residential project in which dwelling units are or will be leased to tenants.
TIF means tax increment financing provided pursuant to the authority granted by Minnesota
Statutes Sections 469.174–469.1794.
SECTION 13.03. – INCLUSIONARY HOUSING REQUIREMENT.
Subd. 1. Applicability. This Chapter applies to any new or existing residential project that meets one or more of the following criteria:
A. A market rate residential project that adds or creates fifteen (15) or more dwelling units
and:
1. Requires approval from the City for a comprehensive plan amendment, zoning amendment, planned unit development, or site plan review; or
2. Receives financial assistance from the City.
B. Any residential project that adds or creates fifteen (15) or more dwelling units and receives
or will receive TIF from the City.
C. A partially or fully affordable residential project that adds or creates fifteen (15) or more dwelling units that already meets or will meet the affordability requirement specified in subdivision 2.
D. Any other residential project for which the developer or owner voluntarily chooses to
provide inclusionary dwelling units under this Chapter.
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Subd. 2. Affordability Requirement.
A. For residential rental projects, the developer must provide inclusionary dwelling units as
follows:
1. 5% of the total dwelling units affordable to households at or below 30% of AMI;
2. 10% of the total dwelling units affordable to households at or below 50% of AMI; or
3. 15% of the total dwelling units affordable to households at or below 60% of AMI.
B. For residential ownership projects, the developer must provide inclusionary dwelling units as follows:
1. 10% of dwelling units affordable to households at or below 115% of AMI; or
2. Payment to the City in lieu of providing inclusionary dwelling units in an amount
established by the Council by resolution or ordinance which will be used by the
City to promote and provide affordable housing in other areas of the City. Such payment must be received by the City prior to the issuance of any building permit for the development or as otherwise established in the development agreement.
C. For residential projects receiving TIF from the City, the inclusionary dwelling units
required are 5% of dwelling units affordable to households at or below 80% of AMI. This
inclusionary dwelling unit requirement is in addition to the statutory affordability requirements imposed as a condition of receiving TIF.
D. For a partially or fully affordable residential project, the inclusionary dwelling units required are 10% of dwelling units affordable to households at or below 80% of AMI. This
inclusionary dwelling unit requirement is in addition to any affordability requirements
imposed by the entity providing funding or assistance for the affordable residential project.
E. The number of inclusionary dwelling units required will be based on the total number of dwelling units approved by the City. If the final calculation includes a fraction of a unit, the fraction will be rounded up to the nearest whole number.
F. For an existing residential project that is expanded by at least 15 dwelling units, the number
of required inclusionary dwelling units will be based on the total number of units following completion of the expansion.
G. The developer must include, along with its application to the City for a comprehensive plan amendment, zoning amendment, planned unit development, or site plan review,
information detailing how the requirements of this Section will be met.
Subd. 3. Period of Affordability.
5
A. Rental Projects. A residential rental project subject to this Chapter must maintain the
inclusionary dwelling units in perpetuity.
B. Ownership Projects. Inclusionary dwelling units in residential ownership projects must remain affordable for a minimum period of ten (10) years. Prior to the issuance of a building permit that allows the construction of any dwelling unit in the project, the developer or owner must record a restrictive covenant in a form approved by the City
against each inclusionary dwelling unit property prohibiting the sale of the property at a
price higher than that affordable to a household earning 115% or less of AMI during the ten-year period.
Subd. 4. Eligibility and Rent Limitation.
A. Rental Projects. The following apply to residential rental projects subject to this Chapter:
1. Inclusionary dwelling units may only be leased to income-eligible households.
2. The monthly rent of the inclusionary dwelling unit must be based on the AMI as determined by the U.S. Department of Housing and Urban Development and published by the Minnesota Housing Finance Agency, adjusted for number of bedrooms.
3. A household that is income-eligible at the commencement of a lease may remain in
the inclusionary dwelling unit for the entire lease term even if the household’s income exceeds 120% of the applicable AMI before the end of the lease term.
4. An income-eligible household may remain in the inclusionary dwelling unit for additional lease periods so long as the income of the household does not exceed
120% of the applicable AMI for the inclusionary dwelling unit.
5. The owner or its agent may not decline to lease to, or otherwise discriminate against, income-eligible households that would pay their rent with federal, state, or local public assistance, or tenant-based federal, state, or local subsidies, including but not limited to rental assistance, rent supplements, and housing choice vouchers.
B. Ownership Projects. Inclusionary dwelling units in residential ownership projects may be
sold only to income-eligible households at the time of initial sale and during the period of affordability.
Subd. 5. Standards for Inclusionary Dwelling Units.
A. Location. Inclusionary dwelling units for an approved residential project must be located
within that project. Unless otherwise approved by the Council, inclusionary dwelling units
must be mixed with and incorporated into the overall development and must not be separated from market-rate units. Residents of inclusionary dwelling units must have equal access to all entries, lobbies, elevators, parking, and amenities as residents of market-rate units.
6
B. Unit Mix. Inclusionary dwelling units in residential rental projects may be fixed or may
“float” within the development provided that the minimum number of required
inclusionary dwelling units per bedroom size is maintained and the units are reasonably spread throughout the development.
C. Timing. The construction or provision of inclusionary dwelling units must be concurrent with construction of new market-rate dwelling units.
D. Primary Residence. An inclusionary dwelling unit may not be sold or leased to a household
unless the household is income-eligible and the household will occupy the inclusionary dwelling unit as its primary residence.
E. Size and Design. The size, design, and amenities of inclusionary dwelling units must at all times be functionally equivalent to the market-rate units in the project.
F. Quality. The exterior materials, interior finish including appliances and mechanical
equipment, and quality of construction of inclusionary dwelling units must be indistinguishable in style and quality from comparably priced or valued market-rate units in the project.
G. Compliance with Laws and Codes. Inclusionary dwelling units must be maintained in
compliance with all applicable state and local building codes and all other federal, state,
and local rules and regulations.
Subd. 6. Monitoring and Compliance. The owner or developer must submit documentation as and when required by the Community Development Director to establish continuing compliance with the requirements of this Chapter. The Community Development Director is directed and
authorized to establish a program or procedure to monitor compliance.
Subd. 7. Agreement with City. The requirements of this Chapter as applicable to an individual residential project will be incorporated into a development agreement or other agreement between the City and the owner or developer. The agreement must be recorded with the Hennepin County Recorder or Registrar of Titles, as appropriate, prior to issuance of a building permit or prior to
the sale of any unit in the project, unless otherwise authorized by the City Manager in his or her
sole discretion.
Subd. 8. Exemptions. The City Council may, in its sole discretion, partially or fully exempt a residential project from the requirements of this Chapter or otherwise alter the requirements at any time if the Council finds that compliance with this Section would cause an undue burden. Factors
that will be considered by the Council in determining whether a partial or full exemption should
be granted include, but are not limited to:
A. Whether the owner or developer has applied for or otherwise sought available resources to close any financial gap including, but not limited to, regional, state, or federal grants or loans.
B. Whether the residential project aligns with and will advance other goals of the City’s
Comprehensive Plan.
7
C. Whether the residential project will serve special populations, including but not limited to
veterans, households experiencing or at risk of experiencing long-term homelessness, and
senior facilities providing assisted living, memory care, skilled nursing care, or end-of-life care.
SECTIONS 13.04–13.98. - RESERVED
SECTION 13.99. – VIOLATION A MISDEMEANOR.
Every person violates a section, subdivision, paragraph, or provision of this chapter when he or
she performs an act thereby prohibited or declared unlawful, or fails to act when such failure is prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.
ATTEST: __________________________________ ___________________________________
Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on _____, 2021.
1
City of Eden Prairie
Inclusionary Housing Policy
The purpose of this Inclusionary Housing Policy (“Policy”) is to further the goal of the City of Eden
Prairie (“City”) of promoting diversity in its housing stock such that households of various income
levels, ages, and sizes have choice in the place they call home. This Policy is adopted pursuant to
Chapter 4 of the City’s Comprehensive Plan, Aspire Eden Prairie 2040, which emphasizes the need
for increasing the City’s affordable housing stock and providing diverse, safe, high-quality
affordable housing options to residents of all income levels. Developing and maintaining a
healthy mix of affordable housing options fosters a diverse, resilient local economy by bringing
workers and residents closer to their jobs, schools, and necessary services. This Policy is further
adopted pursuant to the authority and direction provided by Minnesota Statutes Section
462.358, subdivisions 1a and 11 and Section 473.859, subdivision 4.
Official controls implementing this Policy are set forth in Eden Prairie City Code Chapter 13, which
contains additional detail regarding the City’s inclusionary housing requirements. The definitions
contained in Chapter 13 apply to the terms used in this Policy.
I. Applicability and Minimum Project Size
The City’s inclusionary housing requirements apply to any new or existing residential project that
meets one or more of the following criteria:
1. A market-rate residential rental or multi-family ownership project that adds or creates
fifteen (15) or more units and (i) requires approval from the City for a comprehensive plan
amendment, zoning amendment, planned unit development, or site plan review, or (ii)
receives financial assistance from the City;
2. Any residential project that adds or creates fifteen (15) or more dwelling units and receives
or will receive Tax Increment Financing (TIF) from the City;
3. Any partially or fully affordable residential project that adds or creates fifteen (15) or more
dwelling units and already meets the affordability requirements of this Policy; and
4. Any other residential project for which the developer or owner voluntarily chooses to
provide inclusionary dwelling units pursuant to this Policy.
II. Inclusionary Dwelling Units
General Requirement
A development that is subject to this Policy must include inclusionary dwelling units. The
minimum number of inclusionary dwelling units required will be determined based on the
affordability standard chosen by the developer according to the following criteria:
2
Residential Rental
Projects
(Choose A, B, or C)
A B C
5% of units at or
below 30% of AMI
10% of units at or
below 50% of AMI
15% of units at or
below 60% of AMI
Residential Ownership
Projects (Choose A or B) A B
10% of units at or
below 115% of AMI
Payment to the City in lieu of
providing inclusionary dwelling units
Calculation of Units Required
The number of inclusionary dwelling units required will be based on the total number of dwelling
units approved by the City. If an occupied property with existing dwelling units is expanded by at
least 15 units, the number of required inclusionary dwelling units will be based on the total
number of units following completion of expansion.
Calculation of Rent & Sales Prices
The monthly rental price for inclusionary dwelling units in rental developments and the sales
price for inclusionary dwelling units that are for sale will be based on the applicable AMI for the
metropolitan area that includes Eden Prairie, adjusted for bedroom size, as calculated by the U.S.
Department of Housing and Urban Development and published annually by the Minnesota
Housing Finance Agency.
Period of Affordability
All inclusionary units in rental developments must remain affordable in perpetuity. For owner-
occupied developments, inclusionary units must remain affordable for a minimum of ten years.
Location of Inclusionary Dwelling Units
All inclusionary dwelling units must be located within the development that is seeking City
approvals, and must be reasonably spread among market-rate dwelling units throughout the
property. For rental developments, inclusionary dwelling units may “float” within the property
provided that the minimum number of units per bedroom size is maintained and the units are
reasonably spread throughout the property.
III. Standards for Inclusionary Dwelling Units
Size and Design
The size and design of inclusionary dwelling units must at all times be consistent with and
comparable to market rate units in the same development and must be approved by the City.
Exterior/Interior Appearance of Inclusionary Units
3
The exterior and interior materials and design of inclusionary dwelling units must be
indistinguishable in style and quality from comparably priced or valued market-rate units in the
same development.
Tenants and Buyers
Inclusionary dwelling units in rental projects may be rented only to income eligible families. For-
sale inclusionary dwelling units may be sold only to income-eligible families at time of initial sale
and for the 10-year affordability period.
IV. Non-Discrimination Based on Rent Subsidies
The owner or operator of the residential project must not decline to rent to or otherwise
discriminate against potential tenants of inclusionary dwelling units who would pay their rent
with federal, state, or local public assistance, or tenant-based federal, state, or local subsidies,
including, but not limited to rental assistance, rent supplements, and housing choice vouchers.
V. Development Agreement, Conditions and Restrictions
The requirements of this Policy as applicable to a particular residential project will be
incorporated into a Development Agreement or other agreement between the City and the
developer, which agreement must be recorded against the property prior to issuance of a
building permit or prior to the sale of any unit, whichever occurs first.
VI. Exemptions
The City acknowledges that not every development is alike and that in some circumstances it may
prove difficult for an owner or developer to meet the standards set forth in this Policy. In cases
where a developer can demonstrate, in the sole judgment of the City Council, that the
requirements represent an undue burden, the City Council may, in its sole discretion, grant a full
or partial exemption from or otherwise alter the requirements of this Policy.
Adopted by the Eden Prairie City Council on August 17, 2021.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-____ A RESOLUTION AMENDING THE
COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has prepared and adopted the
Comprehensive Municipal Plan (“Plan”); and
WHEREAS, the Plan has been approved by the Metropolitan Council and was placed into effect on October 1, 2019; and WHEREAS, the adoption of an Inclusionary Housing Policy by the City of Eden
Prairie requires an amendment to the Plan to add the text of the Policy to the Plan; WHEREAS, a copy of the adopted Inclusionary Housing Policy is attached to this resolution as Exhibit A; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on the Inclusionary Housing Policy adopted August 17, 2021, and subject to Metropolitan Council approval.
ADOPTED by the City Council of the City of Eden Prairie this 17th day of August, 2021.
___________________________
Ronald A. Case, Mayor
ATTEST:
___________________________ Kathleen Porta, City Clerk
Exhibit A City of Eden Prairie
Inclusionary Housing Policy