HomeMy WebLinkAboutCity Council - 09/21/2021MEETING CANCELED
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, SEPTEMBER 21, 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. JOINT SCHOOL BOARD MEETING
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM III. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 21, 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, SEPTEMBER 7, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 7, 2021
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. CROSSTOWN CORE INDUSTRIAL CENTER by Sambatek, Inc. Second
Reading of an Ordinance Planned Unit Development District Review with
Waivers and a Zoning Change from Office, Rural and Commercial Highway to
Industrial on 5.0 Acres; Resolution for Site Plan Review on 5.0 Acres
(Ordinance for PUD District Review, Resolution for Site Plan Review,
Development Agreement)
C. APPROVE CONTRACT WITH VTI SECURITY FOR FIRE STATION 1
CAMERA UPGRADE PROJECT
D. ADOPT RESOLUTION DECLARING COSTS, ORDERING
PREPARATION OF 2021 SPECIAL ASSESSMENT ROLL, AND
SETTING HEARING DATE
CITY COUNCIL AGENDA
September 21, 2021
Page 2
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. HOLIDAY CONVENIENCE STORE & AUTO CARE WORLD SERVICE
CENTER by R.J. Ryan Construction. Resolution for Denial (Resolution for
Denial)
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: September 17, 2021
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, September 21, 2021
___________________________________________________________________________________________
TUESDAY, SEPTEMBER 21, 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. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office.
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, SEPTEMBER 7, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 7, 2021
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-D on the Consent Calendar.
A. CLERK’S LICENSE LIST
ANNOTATED AGENDA September 21, 2021
Page 2
B. CROSSTOWN CORE INDUSTRIAL CENTER by Sambatek, Inc. Second
Reading of an Ordinance Planned Unit Development District Review with Waivers and a Zoning Change from Office, Rural and Commercial Highway to Industrial on 5.0 Acres; Resolution for Site Plan Review on 5.0 Acres (Ordinance for PUD District Review, Resolution for Site Plan Review, Development Agreement)
C. APPROVE CONTRACT WITH VTI SECURITY FOR FIRE STATION 1 CAMERA UPGRADE PROJECT
D. ADOPT RESOLUTION DECLARING COSTS, ORDERING PREPARATION OF 2021 SPECIAL ASSESSMENT ROLL, AND SETTING HEARING DATE
IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call
Vote).
XI. ORDINANCES AND RESOLUTIONS
A. HOLIDAY CONVENIENCE STORE & AUTO CARE WORLD SERVICE CENTER by R.J. Ryan Construction. Resolution for Denial (Resolution for Denial) 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 applications include PUD Concept Review, PUD District Review with Waivers, Site Plan, and Preliminary Plat. The Planning Commission voted 8-0 to deny the applications at its June 14, 2021
meeting. The City Council held a public hearing on the project on August 17,
2021 and directed staff to prepare findings for denial of the applications. A resolution with findings for denial of the applications is attached for the Council’s consideration.
On August 26, 2021, the applicant submitted a revised site plan. The extent of the
changes requires the plans to go back through the review process, including consideration and recommendation by the Planning Commission as stated in City Code § 11.03, subd. 6.F and City Code § 11.40, subd. 10.A. The applicant has declined to submit a complete application or comply with the required process for
the revised site plan. City Code thus prohibits the Council from acting on the revised site plan.
ANNOTATED AGENDA September 21, 2021
Page 3
MOTION: Move to Adopt the Resolution Denying the Applications of R.J. Ryan Construction for Planned Unit Development Concept Review, Planned Unit Development District Review with Waivers, Site Plan, and Preliminary Plat for the Proposed Holiday Convenience
Store and Auto Care World Service Center Project
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 COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, SEPTEMBER 7, 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. EMERGENCY MANAGEMENT PLAN (5:30-6:20)
Chief Gerber stated he will be providing an overview of the emergency management system
as a whole and, more specifically, the most up-to-date emergency management plan. The
Integrated Emergency Management System includes mitigation, preparedness, response, and
recovery. Mitigation is about what can be done ahead of time. Preparedness is the planning
process. Response it what tends to get the most attention when people bring resources to
where they need to be. Recovery is the time restoring after something major occurs for the
community to return to its normal state. A recent update related to Hurricane Ida is the City
sent five Eden Prairie firefighters through EMAC (Emergency Management Assistance
Compact) to help with hurricane relief in Louisiana. A total of 22 firefighters from nine fire
departments were sent from Minnesota to help for about a month. Case inquired how the City
is reimbursed for the assistance. Gerber responded funds are through Federal Emergency
Management Agency (FEMA) and distributed from State to State.
Gerber stated risk management and crisis management are closely connected with emergency
management. Both are under the umbrella of emergency management. He reviewed various
incidents and hazards that could occur, particularly weather-related incidents. The City also
creates plans pertaining to special events. The Emergency Management system encompasses
many departments, private industry, and groups of people. The City is also fortunate to have
local certified emergency response team (CERT) volunteers. The backbone of the system is
related to Minnesota State Statute Chapter 12. The State of Minnesota is the system of
emergency management and it directs local government to define their responsibilities. Other
laws include Superfund Amendments and Reauthorization Act (SARA) and Emergency
Planning and Community Right-to-Know Act (EPCRA). There are specific responsibilities
and expectations about having a plan that fits into the overall umbrella and connects back to
City Council Workshop Minutes September 7, 2021
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the State. Occupational Safety and Health Administration (OSHA) and the National Fire
Protection Association (NFPA) provide some foundation to the emergency management
system.
Gerber stated the City’s emergency management system, the responsibility of the fire
department, focuses on all hazard, being community connected, and City Staff involvement.
The six different departments all play a role. People, good systems and processes, and
relationships are what helps emergency management work. The City Council’s role in
emergency management relates to policies, executive perspective, being community
connected, seeking community feedback, and having confidence in the City’s operational
delivery. The City’s emergency management plan involves the city manager; emergency
management director, the fire chief; and emergency management coordinators. The
Emergency Operations Plan, the guidebook for all-hazard emergency operations in the City,
was last updated in 2014. The updates include enhancing some of the procedures, updating
the contacts, and added resources. The City also interfaces with the South Group in Hennepin
County: Bloomington, Edina, Minnetonka, Hopkins, Richfield, and St. Louis Park. Staff
meets with this group of cities on a regular basis. The City also interfaces with Southwest
Transit, the School District, Hennepin County Interface, State of Minnesota Connection, and
Federal Integration. The plan includes the purpose, scope, and organization. There are
multiple annex sections included in the plan. One of the updates within annex C, in regard to
emergency public information, is the update from Code Red software to Rave to notify the
public of severe weather. Annex D includes updated procedures for search and rescue efforts.
Annex E is health and medical, and this relates closely with the COVID-19 response. This
particular section includes police, fire, Hennepin Healthcare Emergency Medical Services
(EMS), and Hennepin County Public Health. Annex I deals with congregate care. This would
be an instance the City would need to temporarily house people at a specific site. Red Cross
and the Salvation Army are important resources. Narayanan inquired if this also includes the
School District as a resource. Case added churches as well. Gerber responded those would be
included as well. The responsible party specifically lists City Staff, but the plan itself does
include multiple other community groups and resources.
Gerber stated annex J is debris clearance. In many scenarios, the City has a lot of resources,
but Staff also coordinates with other groups to provide the best service. Nelson added it is
very beneficial to have the yard waste site for debris from storms.
Gerber stated annex K, utilities restoration, also has updated resources and procedures. In
regard to annex L, hazardous materials/radiological, the two nuclear facilities in the state
would potentially not have direct impact to the community. The City is one of eight fire
departments with a life safety trailer. Annex M references checklists for responsible parties
and various scenarios. These are helpful since these incidents do not happen often. Annex O
refers to domestic animals. In Minnesota you cannot require someone to evacuate their home,
but if there are resources for their animals, people are more likely to evacuate. Annex Q
City Council Workshop Minutes September 7, 2021
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refers to emergency volunteers and helping organize people, so they are an asset. The
Emergency Operations Plan also pairs with the Business Continuity Plan specifically within
administration and information technology. It is an ongoing tool that continues to be updated.
The emergency management program is also required to have a mitigation plan, and the City
is part of Hennepin County’s All-Jurisdiction Hazard Mitigation Plan. This is helpful for
access to federal funding. The emergency operations center (EOC) is utilized for major
incidents and is located at Fire Station one. Station four is the alternate site. Disaster response
and recovery is connected to the State’s Homeland Security and Emergency Management.
This also is connected to FEMA. On a regular basis Staff are working to enhance what they
are doing and stay updated with training. An updated Emergency Operation Plan (EOP) will
be put it into service after today.
Case asked for more information in the plan on the role of the Mayor and City Council
during an emergency. Gerber responded the Mayor and Council play an important role in
community connectedness. Case would like more information detailing the Mayor and
Council’s role in how they may be engaged for decision making. Getschow added COVID is
a good example of the Council’s role in emergency management. As new information was
gathered, the Council declared a City emergency, approved additional spending, and
anticipated the closing of buildings. Case added it may be helpful to have it stated within a
certain amount of time the Mayor and Council are informed of emergencies and decisions
being made. Neuville added it is reasonable to put provisions in the plan about
communication with the Council. Case added the wording can be very vague.
Nelson inquired who is the designated person to sign off on additional, unbudgeted expenses.
Gerber responded in Plan B government the City Manager can sign off on those expenses.
There are codes within finance specific to those types of emergency expenses. An emergency
declaration by the Council provides flexibility for purchases.
Freiberg inquired if there are any other aspects needing to be updated. Gerber responded they
have been working on this particular update since 2019. Once the plan is updated, there will
likely be pieces needing to be updated again as there are always changes and learning
experiences. Freiberg asked what kind of reserve funds the City has available for an
emergency. Getschow responded the City has quite a bit of liquidity, about half of the
general fund.
Narayanan noted he is more familiar with the information technology piece of business
continuity. It is important to have a plan in case of a cybersecurity attack. Gerber responded
information technology is very involved in this aspect. Getschow added there are many levels
of protection in place. Case added it may be beneficial to have a ten-minute update to
Council about protections against cybersecurity attacks.
City Council Workshop Minutes September 7, 2021
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Toomey inquired about the life safety trailer. Gerber responded it provides support at the
scene for firefighters and law enforcement. Toomey added the City talks with other
departments on a regular basis. Gerber confirmed yes.
II. TREE DISCUSSION (6:20-6:30)
Lotthammer stated recently a resident off Anderson Lakes Parkway had cut down nearly all
their trees on their property. The City was notified by the neighbors. After a discussion with
the property owner, their intent was to have a more traditional, flat back yard. These types of
tree changes have typically happened every few years. In these instances, it does not occur to
the property owner to notify the City about taking down trees on their private property. The
tree replacement plan and ordinance are set up to work with developers and larger areas of
land. The City does not address under half acre properties. There is nothing currently stating
this is wrong. The question is whether or not there should be something in writing about
these types of properties. If so, this would likely be approached as enforcement or retribution.
Narayanan inquired if this is regarding the recent tree discussion at Council about the
heritage tree. Lotthammer replied the heritage tree removal was specific to a property owner
purchasing a lot being developed and wanting to amend a development agreement.
Case stated it may be helpful to offer a consult. If the City were to fine residents who did not
reach out for a consult, it may be the most aggressive tree ordinance in the state. He
questions at what point they are infringing on private property owner rights. Getschow added
at the moment he is not aware of a City with regulations on properties under a half acre.
Nelson noted tree removal is regulated along streams and lakes on conservation easements.
Case asked Staff to research the best option moving forward.
Open Podium - Council Chamber (6:30)
III. OPEN PODIUM A. ASPIRA MAISON – FREDERICK MILLER SPRING
Aspira Maison, 7475 Flying Cloud Drive Apt 557, stated she has concerns about the Frederick Miller Spring area with the Noble Hill development. The Riley Purgatory Bluff Creek Watershed District did not include a retaining wall in their approval because it is part of the City’s requirement. There are potential problems
that may not be foreseen with this project, and there could be effects to the creek
and spring. Case noted Staff can address these concerns. Ellis noted there may have been some confusion about the comments made at the watershed district meetings. The
watershed itself does not permit the wall structure but rather permits for general
land alteration disturbing activities. A building permit will be required by the
City Council Workshop Minutes September 7, 2021
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City. This is outside the purview of the watershed district. It is required of all walls four feet or higher to have a design by a structural engineer.
Aspira noted concerns about the structure of the wall. Ellis stated the building
services department reviews the design plan, and if they agree with it they issue the permit. Case added the City is not building the wall, but they are in charge of permitting and inspecting.
B. KARINA KEDRIJ – FREDERICK MILLER SPRING Karina Kedrij, 11447 Anderson Lakes Parkway, noted concerns about landslides due to the development, especially considering the fragile environment. The City will be liable in the case of a landslide.
Case noted the project was approved in June. It is 20 acres of farmland being developed and eight acres of trees will be protected. The creek will be protected. IV. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 7, 2021 7:00 PM, CITY CENTER
CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG
Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director 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. 2021 GREEN STEP CITIES AWARDS Getschow announced the City is a multiple-year recipient of the Green Step Cities Award. In 2021 the City achieved Step 4 and 5 levels for the Green Step Cities
program. The steps are awarded based on the sustainability best practices completed by the City each year, as well as for reporting and improving on sustainability metrics from the previous year. Diana McKeown, representing the Great Plans Institute, noted Eden Prairie has been a
long term member of the Green Step Cities program. She presented Mayor Case with two blocks for the Steps 4 and 5 achievements in the program to be added to the Green Step Cities awards received in previous years. Narayanan asked how many cities received the Step 5 award and if this is a nationwide
program. Ms McKeown replied it is a Minnesota program and this year 25 cities received the Step 5 award. Case thanked staff for their hard work over the years to compile and document the work
done to achieve the Green Step Cities awards.
B. ACCEPT DONATION OF $1,000 FROM INTERNATIONAL SCHOOL OF
CITY COUNCIL MINUTES September 7, 2021
Page 2
MINNESOTA FOR PEOPLEFEST (Resolution No. 2021-65)
Lotthammer commented we are very fortunate to have had the International School as
partners on several programs over the years. In this case the International School of Minnesota gave $1,000 towards the two-week People Fest that took place this summer. MOTION: Narayanan moved, seconded by Nelson, to adopt Resolution No. 2021-65
accepting the donation in the amount of $1,000 from the International School of
Minnesota to go toward PeopleFest! A Community Celebration of Culture. Motion carried 5-0. C. ACCEPT DONATION OF $500 FROM XCEL ENERGY AND $500 FROM INTERNATIONAL SCHOOL OF MINNESOTA FOR ARTS IN THE PARK (Resolution No. 2021-66)
Lotthammer explained this item is to accept two donations for the Arts in the Park event, including $500 from Xcel Energy and $500 from the International School of Minnesota. Case noted he was impressed by the organization of the Arts in the Park event which
included food trucks and many artists’ exhibits and booths. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2021-66 accepting the contribution in the amount of $1,000 for Arts in the Park from Xcel Energy ($500) and International School of Minnesota ($500). Motion carried 5-0.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as published. Motion carried 5-0.
VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 17 , 2021 B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 17, 2021 MOTION: Toomey moved, seconded by Narayanan, to approve the minutes of the Council workshop held Tuesday, August 17, 2021, and the City Council meeting held
Tuesday, August 17, 2021, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR
CITY COUNCIL MINUTES September 7, 2021
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A. CLERK’S LICENSE LIST B. ASIAN PLAZA by Xing Zhao. Second reading of Ordinance No. 11-2021-PUD-6-
2021 for Planned Unit District with waivers on 4.68 Acres; Resolution No. 2021-67 for site plan review on 4.68 Acres (Ordinance No. 11-2021-PUD-6-2021 for PUD District Review, Resolution No. 2021-67 for Site Plan Review, Development Agreement)
C. APPROVE SECOND READING OF ORDINANCE NO. 12-2021 ENACTING A
NEW CITY CODE CHAPTER 13 RELATING TO INCLUSIONARY HOUSING AND ADOPT RESOLUTION NO. 2021-68 APPROVING SUMMARY ORDINANCE D. ADOPT RESOLUTION NO. 2021-69 APPROVING EXTENSION OF PRELIMINARY PLAT FOR EDEN HEIGHTS EAST
E. ACCEPT AWARD OF $7,447,401 OF AMERICAN RESCUE PLAN GRANT AND APPROVE USE OF FUNDS FOR PROVISION OF GOVERNMENT SERVICES TO THE EXTENT OF REDUCTION IN REVENUE DUE TO COVID-19 PUBLIC HEALTH EMERGENCY F. APPROVE AGREEMENT WITH PRESCRIPTION LANDSCAPE INC. FOR SNOW AND ICE MANAGEMENT SERVICES G. AUTHORIZE GRANT AGREEMENT WITH HENNEPIN COUNTY FOR HEALTHY TREE CANOPY GRANT H. APPROVE AGREEMENT WITH HTPO FOR PIONEER TRAIL RECONSTRUCTION PROJECT I. APPROVE CHANGE ORDER NO. 1 WITH BITUMINOUS ROADWAYS, INC. FOR 2021 PAVEMENT MANAGEMENT PROJECT
J. APPROVE AGREEMENT WITH HTPO FOR NORTH MANOR ROAD DRAINAGE IMPROVEMENTS PROJECT MOTION: Nelson moved, seconded by Narayanan, to approve Items A-J on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS
A. OLYMPIC HILLS GOLF CLUB CLUBHOUSE RENOVATIONS by Aulik
Design Build. Resolution No. 2021-70 for Site Plan minor amendment review on
82.31 Acres (Resolution No. 2021-70 for Site Plan minor amendment review)
CITY COUNCIL MINUTES September 7, 2021
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Getschow stated the applicant is proposing an exterior façade remodel of the current clubhouse building. Two (2) additions are also proposed; a small entrance vestibule
on the west side of the building and an approximately 1,400 square foot storage space
on the east side of the building. The proposed changes include modifying exterior building elevations to a more modern façade that exceeds City Code requirements. He explained this is considered a minor amendment so the item comes directly to the City Council. The Planning Commission did not consider this proposal.
Charles Peterson, architect with Aülik Design Build, reported they have worked with City staff for a couple of years on several projects as well as the renovation of the building that will bring the façade up to City standards. He introduced Dan Luther, owner of Olympic Hills Golf Club, who explained they decided to do a master plan
for renovation of the building. The club house needed a fresh look and they want to
make Olympic Hills a venue of which members and neighbors can be proud. Mr. Peterson gave a PowerPoint with renderings of the existing building façade and the course remodels recently completed. He showed details of the proposed two-
phase renovation project. He explained they have many events in the ballroom and
have need of centralized storage which will be provided in the new addition. They will make improvements to the drainage around the club house. He described the improvements made for water usage on the course they have completed since 2013. He displayed the materials planned for the project and showed the new elevations for
all sides of the building.
There were no comments from the audience. MOTION: Narayanan moved, seconded by Nelson, to close the public hearing, and
to adopt Resolution No. 2021-70 for a site plan review on 82.31 acres
Nelson commented it looks very nice, and those who use the facility should be pleased.
Case noted he was pleased they are reinvesting in Eden Prairie.
VOTE ON THE MOTION: Motion carried 5-0. B. JOHNSON RIDGE by Laketown Builders. Resolution No. 2021-71 for Planned Unit Development concept review on 2.1 Acres; First reading of ordinance for Planned Unit District review with waivers on 2.1 Acres; Resolution No. 2021-72 for
preliminary plat on 2.1 Acres (Resolution No. 2021-71 for PUD Concept Review, Ordinance for PUD District Review, Resolution No. 2021-72 for Preliminary Plat) Getschow stated the applicant is requesting approval to develop 9995 Bennett Place
into six (6) single-family lots. The parcel is located on Bennett Place south of Pioneer
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Trail. 9995 Bennett Place currently contains a single family home that will be demolished before construction begins. The property is surrounded by single-family
development. With a density of approximately 2.86 units per acre, the project is
consistent with the Low-Density Residential guiding. The Planning Commission voted 7-0 to recommend approval of the project at the August 9, 2021 meeting. Harold Worrell, representing Laketown Builders, gave a PowerPoint presentation
about the project. He described the site as being heavily wooded with mature trees
and buckthorn and has a mixed sandy soil. It is flanked on two sides by a City outlot, and the outlot to the north serves as a driveway for 9977 Bennett Place. The plans include three walkout and three lookout home sites. There will be retaining walls to accommodate the grade between the existing adjacent home and the proposed
community street. The homes will include electronic vehicle-ready garages.
Case was concerned about the other house site being close to the cul-de-sac. Mr. Worrell explained there are two driveways side by side. Case asked about how the existing driveways and how they fit into the new development. Ellis explained the
driveway will be replaced by the street. Case then asked if the current driveway sits
on its own easement or if it is part of this property. Ellis replied the property is sitting on the City outlot which will become the cul-de-sac. We anticipated the development of this property, so we planned for this future cul-de-sac. Case commented that would mean it is not just an easement.
Toomey asked Mr. Worrell to explain how the landscape plan depicts which trees will remain. Mr. Worrell replied the ones outlined in green are staying, and the black ones will be removed.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Freiberg, to close the public hearing. Motion carried 5-0.
Freiberg commented he liked the rendering showing the homes; however, he was
concerned about the loss of heritage trees on this site. He understood there are issues involved in saving some of the trees, but he was particularly concerned about a 36-inch tree at the end of the cul-de-sac that is going to be removed. He asked if there is any way to save it. Mr. Worrell replied they don’t see any way to save the tree.
Narayanan asked if the square footage of the homes includes basements. Mr. Worrell replied some will be up to 5000 square feet with a basement. Narayanan noted he appreciated their including charging stations for the homes. Case asked if the homes would be prewired for electronic vehicles. Narayanan noted that would mean 220-volt
wiring. Mr. Worrell replied the wiring is there, but the connections will not be made.
MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. 2021-
CITY COUNCIL MINUTES September 7, 2021
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71 for a Planned Unit Development concept review on 2.1 acres; to approve the first reading of the ordinance for a Planned Unit Development District review with
waivers and a Zoning District change from R1-22 to R1-9.5 on 2.1 acres; to adopt
Resolution No. 2021-72 for a preliminary plat to divide one lot into six lots on 2.1 acres; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; and to authorize the issuance of an early land alteration permit for Johnson Ridge at the request of the developer,
subject to the conditions outlined in the permit. Motion carried 5-0.
X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Freiberg, 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
1. Resolution No. 2021-73 Certifying Proposed 2022 Property Tax Levy, Accepting Proposed 2022 Budget, Setting Date for Public Hearing, and Consenting and Approving HRA Tax Levy Getschow observed the Council has had many strategic planning sessions about
the 2022 levy and budget including workshops and a review of the results of the
community survey early this spring. There was a Council workshop in July to receive detailed updates on the budget for 2022 and 2023. Each year we adopt the tax levy and budget, and tonight we will be setting the preliminary tax levy and budget. All the information about this proposed levy and budget is available
online. He noted our residents want us to maintain our high level of service
across all our departments at a reasonable price. We also wanted to bring a balanced budget, and we had some work to do on that in July. This budget is balanced and includes updates on those items from July. For the past several years the preliminary budget has been very similar to the final budget. This
action just sets a ceiling so there is room to maneuver within the budget.
Getschow noted we will add to our Public Safety budget and will add a contract
CITY COUNCIL MINUTES September 7, 2021
Page 7
with Hennepin County for a social services outreach person. We will add an additional dispatcher, another assistant Fire Chief, and an additional forestry
position. More than 2/3 of our budget relates to our employees and the
associated costs. The proposed levy and tax increase is 4.7%. When compared to some of our peer cities, only two of similar size are contemplating a levy lower than ours. Our debt levy is flat once again. He noted the tax impact for a median value home is an increase of about $82, and much of that increase is
attributable to the increase in value of homes in Eden Prairie. Commercial
property will see a decrease in taxes. He pointed out the City tax rate is lower than it was in 2018. That is attributable to growth in value but also to our very moderate budget increases. We have had moderate budget increases recently, and the overall budget for 2022 shows a 4.8% increase.
Getschow explained Council approval tonight of this proposed tax levy and budget will be used to generate a statement to our tax payers sometime in November stating their taxes for 2022. The statement will include the tax amounts for other jurisdictions such as the county, school district and others. All
of the taxing jurisdictions will hold public hearings about their tax levy. Our
public hearing is scheduled for the first Tuesday of December. We have Council workshops scheduled prior to that date to discuss other budget items. Nelson thanked the staff for all the work done in preparing the budget. She
appreciated the efforts to keep the budget low while keeping taxes low and
keeping our services in place. Freiberg observed staff did a good job as they kept services at the same level and added some extras.
Narayanan agreed with Council Members Nelson and Freiberg. He noted that about 25% of our total taxes goes to the City while the remainder goes to others such as Hennepin County and the School District. He observed Eden Prairie has the highest rating in terms of our bond rating. He asked how much someone
with a home in the $400,000 range would pay in increased taxes. Getschow
replied the value of a median value home has gone up about 4%, and the taxes will go up about 5%. Case asked about the share among the different tax base components. Getschow
replied the impact on commercial/retail was less than that on residential because
of the impact of COVID. Toomey also thanked staff for the hard work.
Case reiterated tonight we are setting the maximum dollar amount we will tax
entities across the City and that is driven by the budget we have set. In December we could choose to lower the maximum amounts.
CITY COUNCIL MINUTES September 7, 2021
Page 8
MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No.
2021-73 that certifies the proposed 2022 property tax levy to be $43,102,554;
sets December 7, 2021, as the meeting which will include discussion of the budget and provide for public comment; accepts the proposed 2022 budget of $55,617,390; and consents and approves the HRA tax levy of $205,000. Motion carried 5-0.
Case commented the City’s budget reflects the values held by every City Council over the years. 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 Case acknowledged Finance Director Sue Kotchevar’s work for the City over the past many years. She is retiring the end of September. Getschow said Ms Kotchevar heads the Finance
Department, which is the department that prepares all the material for the budget decisions and
has done much of the work necessary to keep our excellent bond ratings over the years. XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:10 p.m.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 21, 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: Fall Wine Tasting Date: November 12, 2021
Place: The Preserve Barn/Community Center
11221 Anderson Lakes Parkway New On-Sale Wine with Strong Beer and 3.2 Beer License
Licensee name: India Palace New LLC
DBA: India Palace 936 Prairie Center Drive
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 21, 2021
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/Beth Novak-Krebs
ITEM DESCRIPTION:
Crosstown Core Industrial Center
ITEM NO.:
VIII.B.
Requested Action
Move to:
• Approve the Second 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
• Adopt a Resolution for a Site Plan Review on 5.0 acres Synopsis This is the final reading for the Crosstown Core Industrial Center. The applicant is requesting
approval to construct a 62,024 square foot speculative industrial building at 10250 Crosstown Circle and 6534 Flying Cloud Drive. The property is 5 acres and 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 applicant anticipates a mix of manufacturing, office and warehouse uses within the building. The plan includes two options for the mix of uses. The proposal includes vehicular access from both streets. The main entrances to the building are proposed on the south side of the building facing Flying Cloud Drive. Parking is proposed along the west, south, and east sides of the building with the loading area along the north side of the building. The building
articulation and building materials meet and exceed City Code requirements. Background The plan includes one electric vehicle charging station. At the first reading, there was discussion
about monitoring tenant demand and adding electric vehicle charging stations as needed in the future. The development agreement addresses this. The 120-day review period expires on October 10, 2021. Attachments 1. Ordinance for PUD and Zoning Change 2. Ordinance Summary
3. Resolution for Site Plan
4. Development Agreement
CROSSTOWN CORE INDUSTRIAL CENTER
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-2021-PUD-7-2021
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the OFC, RURAL, and C-HWY Zoning Districts and be placed in the Industrial I-2 Zoning
District.
Section 3. That action was duly initiated proposing that the designation of the land be amended within the Industrial I-2 Zoning District as 13-2021-PUD-7-2021 (hereinafter "PUD-7-2021”).
Section 4. The City Council hereby makes the following findings: A. PUD-7-2021 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-7-2021 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-7-2021 are justified by the design of the
development described therein.
D. PUD-7-2021 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 5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the OFC, RURAL, C-HWY Zoning District and placed in the Industrial I-2
Zoning District respectively as noted in Exhibit A and shall be included hereafter in the Planned
Unit Development PUD-7-2021 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 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of September 21, 2021 entered into between Crosstown Core, LLC and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-7-2021, and are hereby made a part hereof.
Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein.
Section 8. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on
the 13th 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 21st day of September, 2021.
ATTEST:
__________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on September 30, 2021.
EXHIBIT A
Legal Description:
Legal Description Before Final Plat Rezone from Office to Industrial (I-2) Lot 1, Block 1, Crosstown Circle Addition, Hennepin County, Minnesota. TORRENS PROPERTY: Certificate of Title No. 1408642
Rezone from Highway Commercial to Industrial (I-2) Tract A, RLS No. 946, Hennepin County, Minnesota Certificate of Title No. 1063459 Rezone from Rural to Industrial (I-2)
Tracts C and D, RLS No. 1043, Hennepin County, Minnesota Certificate of Title No. 1063459
Legal Description After Final Plat Lot 1, Block 1, Crosstown Circle Second Addition
CROSSTOWN CORE INDUSTRIAL CENTER
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 13-2021-PUD-7-2021
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY
CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows rezoning of land located at 10250 Crosstown Core and 6534 Flying Cloud Drive from the OFC, RURAL, C-HWY Zoning District to the Industrial I-2 Zoning District and amends the designation of that land into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the
full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication. ATTEST:
___________________________ _____________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on September 30, 2021.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-__
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR CROSSTOWN CORE INDUSTRIAL CENTER BY SAMBATEK, INC. AND HEMPEL REAL ESTATE WHEREAS, Sambatek, Inc. and Hempel Real Estate, hsave applied for Site Plan approval of Crosstown Core Industrial Center to construct a 62,024 square foot speculative industrial building; and
WHEREAS, zoning approval for the Crosstown Core Industrial Center was granted by an Ordinance approved by the City Council on September 21, 2021; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its June 14, 2021 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its July 13, 2021 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Sambatek, Inc. and Hempel Real Estate, subject to the Development Agreement between Crosstown Core, LLC and the City of Eden Prairie, reviewed and approved by the City Council on September 21, 2021.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of September, 2021.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Nicole Tingley, City Clerk
Development Agreement – Crosstown Core Industrial Center 21
EXHIBIT D
Crosstown Core Industrial Center - Development Agreement
CONSENT AND SUBORDINATION The undersigned, owner of that certain Mortgage dated ________________, recorded in
the Hennepin County Registrar of Titles/Recorder’s Office on _______________ as Document
No. _________________, covering the Property described on Exhibit A attached hereto, for valuable consideration, does hereby consent to and subordinate its interest in the Property to that certain Development Agreement dated _____________, 2021, to which this Consent and Subordination is attached between Crosstown Core, LLC, a Delaware limited liability company, and the City of Eden Prairie, a Minnesota municipal corporation.
By:
Name: Its:
STATE OF MINNESOTA ) ) ss. COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this ____ day of ______________, 2021, by ________________________ the _________________________ of _______________________, a ______________________, on behalf of said credit union.
______________________________ Notary Public
Development Agreement – Crosstown Core Industrial Center 22
EXHIBIT A Consent and Subordination – Legal Description
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 21, 2021
DEPARTMENT/DIVISION:
Fire Chief Scott Gerber
ITEM DESCRIPTION:
Approve Purchase of Cameras from VTI Security for Fire Stations 1 Camera Upgrade Project.
ITEM NO.:
VIII.C.
Requested Action
Move to: Approve Contract for Goods and Services with VTI Security for Fire Station 1 Camera Upgrade Project. Synopsis
The Fire Department handles contracting for a variety of services related to the installation of products for safety and security of City buildings. The Fire Department recommends accepting the quotations from VTI Security in the amount of $37,369.78 to upgrade cameras at Fire 1. These cameras are being purchased off of a contract procured by State of Minnesota Department of
Administration cooperative purchasing venture, as permitted by Minn. Stat. § 471.345, subd. 15. The list of equipment and installation services being provided by VTI is identified in its quotations, which are attached as exhibits to the City’s standard contract for goods and services. This upgrade will replace old analog cameras with new IP cameras for better security, risk management, increased safety, and loss prevention. The new cameras will provide a better overall view of the
buildings outside. Funding will come from CIP fund. Xtreme Integration has proposed to install the cabling necessary for the project at a cost of $4,148. This proposal will be presented to the City Manager at a later date for approval under his statutory authority.
Attachments Contract for Goods and Services Exhibit A – Quotation for Fire Station 1
Contract for Goods and Services
This Contract (“Contract”) is made on the 21st day of September, 2021, between the City of Eden Prairie, Minnesota, a Minnesota municipal corporation (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and VideoTronix, Incorporated, a Minnesota corporation, d/b/a VTI Security (hereinafter "Vendor") whose business address is 401
West Travelers Trail, Burnsville, MN 55337.
. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety
of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for Camera upgrades at Fire Station 1 with associated parts hereinafter referred to as the "Work".
The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms,
agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit
A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by December 30th, 2021.
3. Compensation for Services. City agrees to pay the Vendor a fixed sum of Thirty Seven Thousand Three Hundred Sixty Nine and 78/100 Dollars ($37,369.78) plus any applicable taxes as full and complete payment for the goods, materials and/or services rendered pursuant to this Contract and as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City.
5. Staffing. The Vendor has designated VTI to perform the Work. They shall be assisted by
other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City.
6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota.
Page 2 of 5
7. Insurance.
a. General Liability. Vendor shall maintain a general liability insurance policy with
limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will
protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Vendor, its agents,
contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity.
10. Termination. This Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination.
11. Independent Contractor. At all times and for all purposes herein, the Vendor is an
independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City.
Page 3 of 5
13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City.
GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein,
without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations
pertaining to the services to be provided shall constitute a material breach of this Contract
and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Vendor prior to termination of this
Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
Page 4 of 5
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to
an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not
specifically provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.
28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6)
years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the
Page 5 of 5
City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract
shall contain similar Data Practices Act compliance language.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract.
Executed on this 21st day of September, 2021 CITY OF EDEN PRAIRIE
___________________________________ Mayor
___________________________________ City Manager
VIDEOTRONIX, INCORPORATED, D.B.A VTI SECURITY By: ________________________________
Its: _______________________________
QUOTATION: 150061 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337
IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN
BUYER:___________________________
(Print Name)
BUYER SIGNATURE:___________________________
DATE:_______________________
Printed on 8/27/2021 Page 1 of 3
BILL TO: JOB LOCATION:
COMPANY: City of Eden Prairie COMPANY: City of Eden Prairie - Fire Station 1 DATE: August 27, 2021
ADDRESS: 8080 Mitchell Road ADDRESS: 14800 Scenic Heights Road SALES REP: Ralph Michels
PHONE: (952)210-7637 EXT
Eden Prairie, MN 55344-4485 Eden Prairie, MN 55344-2210 EMAIL: ralph.michels@vtisecurity.com
CONTACT: CONTACT: Mark Vandenberghe
PHONE: (952)949-8368 PHONE: (612)716-7843
TITLE:
City of Eden Prairie Fire Station #1 8-27-2021
SCOPE OF WORK:
VTI Quote is based on MN State contract equipment discounts off of MSRP. VTI quoted labor rates are lower than state of MN contract rates. Consulting and site visit labor hours are included at no cost on this quote.
Fire Station 1
Install 5 new exterior Panasonic 4K Multi-Sensor cameras on the exterior of the building. Four cameras to be placed on the corners of the entrance bays on upper level. One camera on lower level placed on the corner by the entrance. Replace two existing fixed cameras at upper visitor and lower staff building entrances. Install PoE surge protection module for five Multi-sensor exterior cameras and two exterior fixed cameras.
Install 2 new interior Panasonic 2MP Multi-Sensor cameras in the interior of the fire station as shown on the floor plan. Mount the northwest interior 2MP MS camera on the wall by the NW service entry door. Mount the southeast interior 2MP MS camera on the wall by the SE service entry door. Replace three existing interior cameras, , west upper service door, data room and lower level training room door.
Provide 8 Genetec upgrade licenses to convert from Analog to IP cameras. Provide 5 new IP camera license for the project. Camera will be programmed into the City Hall Genetec Directory and Archiver server. Notes: 1. Days of storage will be reduced by replacing fixed analog cameras with multi-sensor cameras to the City
Hall system.2.New Panasonic multi-sensor cameras are compatible with Genetec Security Center Rev 5.10.1
City of Eden Prairie to provide/install for the project: 1.Man lift for camera installation.
2.PoE Network switch port for each camera. (30Watt budget for each port).3. IP addresses for cameras.4.CAT6 cable to each camera location.5. Ground cable for surge protection devices connected to building steel.6. Removal of coaxial cable and /18/2 camera power cable.
Due to changing market conditions VTI quote is valid until 9-30- 2021.
EXHIBIT A
QUOTATION: 150061 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337
IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN
BUYER:___________________________ (Print Name)
BUYER SIGNATURE:___________________________
DATE:_______________________
Printed on 8/27/2021
Page 2 of 3
PART NUMBER PART DESCRIPTION QTY UNIT PRICE TOTAL PRICE
WV-X8571N Camera, Outdoor Vandal, 4x4K, 33MP MSRP $3,532.41 - 15% off of MSRP 5.00 $3,002.55 $15,012.75
WV-S8531N Camera, Outdoor Vandal, 8MP MSRP $2,471.06 - 15% off of MSRP 2.00 $2,364.78 $4,729.56
PWM850 Wall Mount and Shroud Package MSRP $175.00 - 15% off of MSRP 7.00 $148.00 $1,036.00
PACA4GR Corner Mount Adapter, Grey MSRP $148.00 - 15% off of MSRP 5.00 $126.00 $630.00
WV-S2531LN Camera, Dome, Outdoor, 1080p, H.265 MSRP $903 - 15% off of MSRP 2.00 $767.55 $1,535.10
WV-S2231L Camera, Dome, Indoor 1080p, H.265 MSRP $748 - 15% off of MSRP 3.00 $635.80 $1,907.40
DTK-MRJPOE Power Over Ethernet Surge Protection - RJ45 Conn 7.00 $71.78 $502.46
SCE-8N804LP Enclosure, 8x8x4 - NEMA 1 7.00 $41.15 $288.05
SCE-8N8MPP Subpanel, Flat Perforated, 6x6x0.06 - NEMA N/A 7.00 $11.02 $77.14
CAT6010 10ft Network Patch Cable, Black, Cat6 5.00 $4.37 $21.85
CAT6005 Network Jumper, Cat6, 5 Foot, Black Jacket 13.00 $2.64 $34.32
GSC-OM-E-1PAC-
UP
Upgrade 1 Analog Camera Connection to IP Camera Connection
System ID: GSC-170630-881366
8.00 $63.75 $510.00
GSC-OM-E-1C GSC OM Camera Enterprise Connection MSRP $250.00 - 15% off of MSRP 5.00 $268.13 $1,340.65
ADV-CAM-E-3Y SMA Enterprise Camera, 3 Year MSRP $120.00 - 15% off of MSRP 5.00 $110.00 $550.00
INSTALL IP cameras 3.50 $104.00 $364.00
INSTALL Interior Multi sensor camera install, 5.00 $104.00 $520.00
INSTALL Exterior Multi-sensor camera install, 16.00 $104.00 $1,664.00
INSTALL Interior fixed camera install 6.00 $110.00 $660.00
INSTALL Exterior fixed camera install 5.00 $110.00 $550.00
INSTALL Surge install at 7 locations 10.00 $104.00 $1,040.00
INSTALL Removal of existing cameras 4.00 $104.00 $416.00
INSTALL Camera programming 4.50 $125.00 $562.50
INSTALL Camera adjustment with City 3.00 $104.00 $312.00
INSTALL Genetec IP Camera license install 2.50 $125.00 $312.50
INSTALL Testing & coordiantion 2.75 $104.00 $286.00
ENGINEER Engineering Labor 8.50 $115.00 $977.50
PROJ MGMT Project Management Labor 12.00 $115.00 $1,380.00
FREIGHT Freight Charges 1.00 $98.00 $98.00
SHOP-SUPPLIES Miscellaneous Supplies 1.00 $52.00 $52.00
1-YEAR-VTI-1 yr. Workmanship Line Item 1.00 $0.00 $0.00
QUOTATION: 150061 VideoTronix Incorporated 401 West Travelers Trail Burnsville, MN 55337
IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK, PLEASE SIGN AND RETURN
BUYER:___________________________ (Print Name)
BUYER SIGNATURE:___________________________
DATE:_______________________
Printed on 8/27/2021
Page 3 of 3
WARRANTY
EQUIPMENT: $28,227.28
LABOR: $9,044.50
SUBCONTRACTOR: $0.00
FREIGHT: $98.00
SUBTOTAL: $37,369.78
TAX: $0.00
TOTAL: $37,369.78
311 West Railroad Street | Norwood Young America, MN 55368 | 952.466.5777 | www.XtremeIntegration.com
City of Eden Prairie
Fire Station 1 IP Camera
Cabling
PROPOSAL
John Johnson
9/10/2021
Quote# EP_FS1_Cameras
311 West Railroad Street | Norwood Young America, MN 55368 | 952.466.5777 | www.XtremeIntegration.com
To: City of Eden Prairie
From: Xtreme Integration, Inc
Project Title: Fire Station 1 IP Camera Cabling
General Description
Xtreme Integration, Inc will install Cat 6 cabling at fire station 1 for new IP cameras. Should the scope and timeline detailed in
this Scope of Work require a change due to a customer request, delay or circumstances that are outside of Xtreme Integration,
Inc control, then pricing will be adjusted by applying current time and material rates in the form of an Installation Change Order
("ICO") to this contract or via a Move/Add/Change ("MAC") order outside of this contract. Modification to this SOW requires the
approval of both the customer and the Xtreme Integration, Inc Project Manager prior to any changes being implemented on-site.
Network Infrastructure Project
Xtreme Integration, Inc proposes to furnish and install a Cabling Solution that will support the network infrastructure within the
designed areas of the facility. Xtreme Integration, Inc will coordinate with the customer and onsite personnel as necessary to
assure timely completion. This price is based on the station cable counts indicated in this proposal. The station cabling components
specified for installation will be a Category-6 solution.
Special Considerations
• Work will be performed during normal business hours (7am-5pm M-F)
• Client shall be responsible for dedicated electrical A/C power and conduits (as required) to all specified locations.
Fire Station 1 - Installation Labor Details
Xtreme Integration, Inc will:
1. Install, terminate, test and label twelve (12) Cat 6 cables for new IP camera locations
a. Three (3) Cat 6 locations will be in the garage bays
b. Two (2) Cat 6 locations will be on the exterior rear of the building
c. Two (2) Cat 6 locations will be on the exterior front of the building
d. One (1) Cat 6 location will be at the front door
e. One (1) Cat 6 location will be in the IT room
f. One (1) Cat 6 location will be in the training room
g. Two (2) Cat 6 locations will be at the lower entrance door
2. Install EMT conduit as needed
3. Install junction boxes for VTI lightning/surge protection where needed
a. Install ground wire to junction boxes
Fire Station 1 - Materials
Qty Manufacturer Description
2,500’ Superior Essex Cat 6 - Plenum Rated
12 Leviton Cat 6 Jacks
1 Leviton 24-port Cat 6 Patch Panel
10 HDUPU 1/2inch EMT Conduit
3 HDUPU 1900 Box
5 Taymac Weatherproof Box Xtreme Miscellaneous Cables, Connectors and Installation Materials
311 West Railroad Street | Norwood Young America, MN 55368 | 952.466.5777 | www.XtremeIntegration.com
Xtreme Integration, Inc Responsibilities
• Conduct work between the hours of 7:00AM and 5:00PM Monday through Friday.
• Dispatch technicians equipped to complete any or all of the above quoted work when they arrive onsite.
• 24/7 break/fix and emergency support is available at 2021 T&M rates.
Customer Responsibilities
• Provide access to the site between the times of 7:00AM and 5:00PM.
• Provide single point of contact for the Xtreme Integration, Inc project manager for issues resolution.
• Provide, in advance, notification of any unique requirements, hazardous locations, security precautions, access restrictions
or other extraordinary conditions that may exist and which may affect the execution of the project.
• Provide a resource for access to the site if after hours work is required.
Project Assumptions
• This quote is good for 30 days from the date listed above.
• This quote assumes the work will be completed during regular business hours, Monday-Friday, 7am – 5 pm.
• This quote does not include parking and toll fees which will be invoiced to the customer at the conclusion of the project
if assessed by the technician.
• If a technician must wait longer than fifteen (15) minutes on site because of a City of Eden Prairie delay; such as, but
not limited to: access to the site, access to the equipment or equipment room, City of Eden Prairie customers’ needs and
if total time exceeds one hour, Xtreme Integration, Inc will invoice City of Eden Prairie for the delay time in excess of one
hour, in fifteen (15) minute increments, at $97 per hour.
• Cancellations or rescheduling requests by City of Eden Prairie with less than 48 hours notice will be billed to City of Eden
Prairie at one (1) hour minimum at $97 per hour, plus a $125 trip charge if the tech has been dispatched (tech is in
route). Cancellations with more than 48 hours notice will not incur any charges.
• Should this Scope of Work change due to City of Eden Prairie requirements or unforeseen field conditions, deletions
and/or additions will be addressed using an installation change order “ICO” to reflect the appropriate cost adjustments.
• The building and work area is assumed to be free from any hazardous materials.
• Immediate access to the correct building demarc is required.
• No drilling/coring through firewalls or floors/ceilings. Core drilling will be quoted on a per site basis.
• Additional work, if required, will be billed on a separate ICO on a time and materials basis based on 2021 Time & Materials
rates. Work will not be completed unless written approval is gained from the corporate decision maker.
• Pricing includes all labor for installation as detailed in the description of this document.
• The Project Manager for Xtreme Integration, Inc will be the first point of contact for all questions and concerns.
• All pricing is based on City of Eden Prairie providing clear and accessible working space for installation of all cable.
• Xtreme Integration, Inc has made every effort to provide City of Eden Prairie with accurate quotes and pricing. However,
the accuracy and completeness of all final quotes is dependent upon the information provided to us.
Implementation and Delivery Acknowledgment Acceptance
The product will be deemed accepted by (5) business days after it's cutover date, unless you notify us in writing within such
period of any non-conformities. Upon such notice, we will promptly correct any such non-conformity to the specifications of this
statement of work. Cutover of the system marks the commencement of the warranty period. For equipment only agreements,
the product will be deemed accepted upon receipt of the delivery to the customer site.
Preliminary Project Timeline
City of Eden Prairie to provide Xtreme Integration, Inc with a project timeline.
Cut-Over Support
This proposal does not include an installer to support cabling for first day of service.
311 West Railroad Street | Norwood Young America, MN 55368 | 952.466.5777 | www.XtremeIntegration.com
Warranty
Xtreme Integration, Inc, LLC will extend a 1 year Workmanship Warranty on all of its installation projects from the date of client
acceptance. This extends to our installation techniques, cabling, connectors, structural elements, mountings, equipment rack
wiring, internal adjustments, etc. This does not include equipment not manufactured by Xtreme Integration, Inc, LLC. If it is
deemed that a warranty call is not a workmanship issue but an equipment failure, user error, tampering with external adjustments,
and wiring or anything else not directly related to our workmanship the client will be billed for time and materials based on 2021
Time & Materials rates
Notes
• All cables will be tested to meet or exceed the industry standards.
• This quote does not include any surface raceway or electrical work.
Payment of Invoices
Customer shall pay Xtreme Integration, Inc for equipment, materials and services rendered as outlined in each invoice.
Fire Station 1 Integration Investment
Labor $2,976.00
Materials $1,172.00
Tax (Estimate) $0.00
Fire Station 1 System Investment $4,148.00
City of Eden Prairie Acceptance Quote # EP_FS1_Cameras
Customer Signature P.O. Number
Printed Name Date
Sincerely,
John Johnson
Xtreme Integration, Inc
Phone: 763-238-6274
Email: John@XtremeIntegration.com
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 21, 2021
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION:
Adopt Resolution Declaring Costs, Ordering Preparation of 2021 Special Assessment Roll, and Setting Hearing Date
ITEM NO.:
VIII.D.
Requested Action Move to: Adopt resolution declaring costs to be assessed, ordering preparation of 2021 Special
Assessment Hearing roll, and setting Hearing date.
Synopsis A Special Assessment Hearing is conducted annually in late October or early November. The
assessments levied are for projects which have reached the point of substantial completion since
the previous hearing and supplemental assessments for such things as trunk utility assessments, connection fees and contracted removal assessments. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney.
Attachments Resolution Exhibit A - 2021 Special Assessments
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021- RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2021 SPECIAL ASSESSMENT ROLLS AND
SETTING HEARING DATE
WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City’s share, exclusive of that
assignable to City Property, are established as shown on the attached Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as
set forth in Exhibit A.
2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and
shall file a copy of such proposed assessment in the office of the City Engineer for public
inspection. 3. A hearing shall be held on the 19th day of October, 2021, at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time
and place all persons owning property affected by such improvements will be given an
opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the
hearing. The Clerk shall also cause mailed notice to be given to the owner of the record of
each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 21, 2021.
Ronald A. Case, Mayor
ATTEST: SEAL
Nicole Tingley, City Clerk
EXHIBIT A
2021 SPECIAL ASSESSMENTS September 21, 2021
Project Supplementals Total Cost Deferred Amt to be Assessed
Trunk Sewer and Water $89,205.02 $0.00 $89,205.02
Water Connection Fee $8,859.00 $0.00 $8,859.00
Tall Grass/Weed Removal $6,000.00 $0.00 $6,000.00
Tree Removal – 2 Year Term $4,690.00 $0.00 $4,690.00
Tree Removal $15,000.00 $0.00 $15,000.00
CITY COUNCIL AGENDA SECTION: Payment of Claims
DATE: September 21, 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 285238 - 285448
Wire Transfers 1028779 - 1028891 Wire Transfers 8418 – 8452
City of Eden Prairie
Council Check Summary
9/14/2021
Division Amount Division Amount
100 City Manager 3,299 601 Prairie Village Liquor 85,559
110 City Clerk 331 602 Den Road Liquor 154,780
111 Customer Service 15,078 603 Prairie View Liquor 86,846
112 Human Resources 16 605 Den Road Building 1,205
113 Communications 225 701 Water Enterprise Fund 203,437
114 Benefits & Training 2,705 702 Wastewater Enterprise Fund 21,790
131 Finance 911 703 Stormwater Enterprise Fund 59,681
151 Park Maintenance 15,947 Total Enterprise Fund 613,298
154 Community Center 7,842
156 Youth Programs 4,512 802 494 Commuter Services 4,053
158 Senior Center 583 807 Benefits Fund 912,446
162 Arts 3,078 809 Investment Fund 4,160
163 Outdoor Center 102 812 Fleet Internal Service 168,473
164 Park Rental Facilities 234 813 IT Internal Service 20,074
180 Police Sworn 4,278 814 Facilities Capital ISF 25,480
184 Fire 14,210 815 Facilites Operating ISF 16,803
186 Inspections 6,824 816 Facilites City Center ISF 37,369
200 Engineering 350 817 Facilites Comm. Center ISF 53,726
201 Street Maintenance 3,026 Total Internal Svc/Agency Funds 1,242,582
202 Street Lighting 66,036
Total General Fund 149,588 Report Total 2,028,095
301 CDBG 2,030
Total Special Revenue Fund 2,030
308 E-911 72
315 Economic Development 6,428
317 Eden Prairie Players 75
509 CIP Fund 1,845
512 CIP Trails 8,240
522 Improvement Projects 2006 3,844
804 100 Year History 93
Total Capital Projects Fund 20,597
City of Eden Prairie
Council Check Register by GL
9/14/2021
Check #Amount Supplier / Explanation Account Description Business Unit Comments
8431 310,064 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Sept 2021 Premiums
8420 278,517 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 08.27.21
8418 197,238 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 08.13.21
1028885 121,496 TOWMASTER INC Autos Fleet - Public Works Body&Plow equipment for #176
1028828 76,457 XCEL ENERGY Electric Traffic Signals
1028823 54,504 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital
285376 51,315 VALLEY RICH CO INC Improvement Contracts Stormwater Capital
285354 46,080 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
1028877 35,097 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Pool Maintenance
8421 34,872 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
285308 33,123 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - Tenant Cost
8422 27,871 EMPOWER Deferred Compensation Health and Benefits
1028808 23,491 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store
8438 20,821 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
1028881 20,370 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Facilities Capital
1028813 17,200 HANSEN THORP PELLINEN OLSON Design & Engineering CIP Trails
8444 15,488 FURTHER - AKA SELECT HSA - Employer Health and Benefits
8434 15,448 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits
285351 15,209 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
1028804 15,015 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Water Capital
285329 14,667 GRAYMONT Treatment Chemicals Water Treatment
285416 14,470 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
285267 14,278 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
285423 14,170 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
285336 13,881 HYDROCORP Capital Under $25,000 Water Capital
8423 13,563 FURTHER - AKA SELECT HSA - Employee Health and Benefits
285275 13,029 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1028873 12,843 HAWKINS INC Treatment Chemicals Water Treatment
285415 11,897 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
1028863 10,864 BIFFS INC Waste Disposal Utility Operations - General
285438 10,567 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
285284 10,155 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
285304 9,952 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
285269 9,727 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
285390 9,328 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
285444 9,179 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
285405 9,059 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
285365 9,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service
1028868 8,902 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection
285430 8,781 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
1028820 8,429 POMP'S TIRE SERVICE INC Tires Fleet Operating
285397 8,156 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1028890 8,096 XCEL ENERGY Electric Traffic Signals
285328 7,800 FACILITIES MANAGEMENT EXPRESS LLC Software Maintenance IT Operating
285299 7,465 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
8439 6,812 CARD CONNECT Bank and Service Charges Community Center Admin
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1028876 6,809 METRO SALES INCORPORATED*Other Rentals IT Operating
285253 6,772 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1028805 6,403 ASPEN EQUIPMENT CO.Equipment Parts Utility Operations - General
285437 6,234 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
1028845 6,000 CLAREY'S SAFETY EQUIPMENT Capital Under $25,000 Emergency Management
285338 5,995 JOHNSON FITNESS & WELLNESS Health & Fitness Fire
8430 5,617 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
8432 5,609 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance
285261 5,589 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
285268 5,541 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1028886 5,255 TWIN CITY HARDWARE Other Contracted Services Facilities Capital
285406 5,187 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
285243 4,995 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
285407 4,867 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
8436 4,760 FURTHER - AKA SELECT HRA Health and Benefits
285383 4,612 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
285389 4,584 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
285385 4,437 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
285320 4,389 CORE & MAIN Repair & Maint. Supplies Stormwater Collection
8428 4,160 PFM ASSET MANAGEMENT LLC Interest Investment Fund
285419 4,071 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1028821 4,050 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Water Treatment
285340 4,022 JULIAN M JOHNSON CONSTRUCTION CORP Outside Water Sales Water Enterprise Fund
285323 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund
285380 3,962 XTREME INTEGRATION Hardware - R&M Engineering
1028829 3,832 ZIEGLER INC Equipment Repair & Maint Fleet Operating
8451 3,780 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
285274 3,545 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
285353 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
285313 3,499 BITUMINOUS ROADWAYS INC Outside Water Sales Water Enterprise Fund
1028816 3,484 ITRON INC.Maintenance Contracts Water Metering
285442 3,387 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
285252 3,382 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
1028861 3,370 VAN PAPER COMPANY Cleaning Supplies Maintenance Facility
285358 3,192 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
285281 3,164 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
285395 3,094 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
285298 3,090 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
8440 3,065 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
285420 3,047 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
285245 3,027 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
8447 2,889 CHASE Bank and Service Charges Wastewater Accounting
1028870 2,856 GENUINE PARTS COMPANY Repair & Maint. Supplies Fleet Operating
285292 2,856 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
1028814 2,840 HAWKINS INC Treatment Chemicals Water Treatment
1028803 2,836 VAN PAPER COMPANY Cleaning Supplies General Community Center
1028827 2,613 WM MUELLER AND SONS INC Gravel Stormwater Collection
285316 2,573 CENTURYLINK Telephone City Center - CAM
285326 2,445 EHLERS & ASSOCIATES INC Other Contracted Services Economic Development Fund
285350 2,419 MACDONALD & MACK ARCHITECTS LTD Capital Under $25,000 FF&E - Furn, Fixtures & Equip.
Check #Amount Supplier / Explanation Account Description Business Unit Comments
285345 2,260 LEGACY GYMNASTICS Instructor Service Camps
8449 2,256 INVOICE CLOUD INC Bank and Service Charges Historical Culture
285384 2,167 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
1028857 2,163 ROLLOFF DANE Tuition Reimbursement/School Organizational Services
285272 2,147 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1028871 2,133 GRAINGER Repair & Maint. Supplies City Center - CAM
1028884 2,120 STREICHERS Clothing & Uniforms Police Sworn
285369 2,100 SNAPOLOGY OF MINNEAPOLIS Instructor Service Camps
1028865 2,089 BOYER TRUCKS Equipment Parts Fleet Operating
285431 2,058 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
285311 2,053 AVR INC Asphalt Overlay Stormwater Collection
285394 2,047 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
285334 2,026 HOME DEPOT CREDIT SERVICES Supplies - General Bldg General Community Center
1028862 2,010 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
285343 2,000 KTJ 315, LLC Deposits General Fund
285344 2,000 LANDMARK REMODELING LLC Other Contracted Services Rehab
285259 1,948 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
285342 1,935 KRIS ENGINEERING INC Equipment Parts Fleet Operating
285294 1,895 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
285432 1,847 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
285362 1,845 NORTHSTAR MUDJACKING & MORE LLC Other Contracted Services Capital Maint. & Reinvestment
285244 1,836 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
285349 1,675 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating
285447 1,653 AAA STRIPING SERVICE CO Contracted Striping Traffic Signs
1028824 1,524 SHI CORP Software Maintenance IT Operating
285238 1,500 HELLO BOOKING INC Other Contracted Services Staring Lake Concert
8427 1,459 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
285441 1,453 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1028880 1,412 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof Maintenance Facility
1028866 1,403 CENTERPOINT ENERGY Gas Senior Center
1028859 1,397 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Street Maintenance
285297 1,389 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
285312 1,330 BADGER METER Telephone Water Metering
8446 1,313 CHASE Bank and Service Charges Inspections-Administration
1028889 1,305 WM MUELLER AND SONS INC Repair & Maint. Supplies Street Maintenance
285293 1,241 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
285387 1,223 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
285403 1,183 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
285265 1,172 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
8424 1,159 FURTHER - AKA SELECT Other Contracted Services Health and Benefits
285413 1,131 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
285401 1,047 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
285279 1,031 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
285263 973 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
285317 939 CENTURYLINK Telephone Wastewater Lift Station
1028815 921 HORIZON COMMERCIAL POOL SUPPLY Chemicals Pool Maintenance
1028851 900 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
285302 874 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
285434 869 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
1028888 826 VISTAR CORPORATION Merchandise for Resale Concessions
Check #Amount Supplier / Explanation Account Description Business Unit Comments
285427 816 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1028831 796 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
8433 789 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
8437 789 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
285361 787 NAC Building Repair & Maint.Utility Operations - General
285288 772 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
285241 754 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
285319 750 COMPAS Other Contracted Services Staring Lake Concert
285327 745 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Capital
285378 725 VINELAND TREE CARE Other Contracted Services Tree Disease
285330 715 GS SYSTEMS INC Equipment Repair & Maint Wastewater Lift Station
285301 701 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1028818 700 MENARDS Operating Supplies Prairie View Liquor Store
285270 700 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
1028834 700 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
1028858 688 ROTO-ROOTER Contract Svcs - Plumbing City Center - CAM
1028810 656 ESRI Software Maintenance IT Operating
285408 648 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store
285333 633 HLS OUTDOOR Repair & Maint. Supplies Park Maintenance
285404 632 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
285310 628 ASPEN MILLS Clothing & Uniforms Fire
8419 624 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
285280 609 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
285399 585 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
1028781 583 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1028785 572 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
285290 570 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
285392 561 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
285246 543 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1028801 543 THE OASIS GROUP Employee Assistance Organizational Services
285402 533 WINEBOW Liquor Product Received Prairie Village Liquor Store
285426 533 WINEBOW Liquor Product Received Den Road Liquor Store
285409 532 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
1028812 527 GRAINGER Small Tools Ice Arena Maintenance
1028856 522 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1028800 520 TESSMAN SEED CO Landscape Materials/Supp Flying Cloud Fields
285366 508 PRAIRIE RESTORATIONS INC Maintenance Contracts Water Supply (Wells)
285258 506 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
285373 500 SUNRAM CONSTRUCTION Improvement Contracts Stormwater Capital
285439 499 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
8445 494 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
285248 493 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
1028840 486 VINOCOPIA Liquor Product Received Prairie View Liquor Store
285325 482 EDEN PRAIRIE COMMUNITY EDUCATION Instructor Service Senior Center Programs
8425 481 US BANK - PAYMODE Bank and Service Charges Finance
285425 469 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
285314 453 BOUND TREE MEDICAL LLC EMS Supplies Fire
285367 450 SEVERSON, ALLISON Other Contracted Services Arts in the Park
285371 419 STAPLES ADVANTAGE Office Supplies Utility Operations - General
285411 414 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1028872 402 GRAYBAR Repair & Maint. Supplies Water Metering
285239 400 SCOTT COUNTY SHERIFF'S OFFICE Deposits General Fund
285433 399 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
1028825 390 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
285382 389 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
285282 364 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
285289 361 WINEBOW Liquor Product Received Den Road Liquor Store
1028806 357 BOYER TRUCKS Equipment Parts Fleet Operating
285322 351 DELEGARD TOOL CO Equipment Parts Fleet Operating
1028874 351 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn
285278 350 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
285331 350 HALLS OF MAGIC INC Other Contracted Services Staring Lake Concert
285250 336 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1028875 335 MENARDS Cleaning Supplies Fleet Operating
1028809 331 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
1028780 328 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
285375 325 UNITED PROPERTIES DEVELOPMENT LLC Deposits Stormwater Non-Capital
285446 325 WINEBOW Liquor Product Received Prairie View Liquor Store
1028784 324 VINOCOPIA Liquor Product Received Den Road Liquor Store
285445 322 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1028782 322 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
285428 316 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
1028879 314 OSI BATTERIES INC Operating Supplies Police Sworn
285271 305 DOMACE VINO Liquor Product Received Den Road Liquor Store
285360 293 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals
285307 288 ABLE HOSE & RUBBER INC Repair & Maint. Supplies Water Treatment
1028789 287 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
285372 285 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
285436 281 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
285370 279 ST CROIX LINEN LLC Operating Supplies-Linens Fire
1028791 278 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1028786 276 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
285255 274 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
285300 270 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
285247 269 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
285285 268 STACKED DECK BREWING Liquor Product Received Den Road Liquor Store
1028817 260 LYNN PEAVEY COMPANY Operating Supplies Police Sworn
1028850 260 JOHNSON, PHILLIP Clothing & Uniforms Police Sworn
285277 254 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
8426 250 FURTHER - AKA SELECT HRA Health and Benefits
8441 246 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
285352 243 MASTER CRAFT LABELS INC Equipment Parts Emergency Management
1028836 240 VINOCOPIA Liquor Product Received Den Road Liquor Store
285273 238 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1028841 237 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
285291 236 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
1028794 235 METROPOLITAN FORD Equipment Parts Fleet Operating
285286 234 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
1028830 232 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
1028846 232 FASTENAL COMPANY Safety Supplies Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1028838 227 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
1028848 225 GREGOIRE, DAVID Other Contracted Services Communications
1028811 222 GRAFIX SHOPPE Equipment Repair & Maint Fleet Operating
285363 220 PAPCO INC Janitor Service General Community Center
285337 220 JOHN'S SEWER & DRAIN CLEANING INC Contract Svcs - HVAC Park Shelters
285347 216 LIFELINE INC Safety Supplies Park Maintenance
285418 209 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
1028887 205 TWIN CITY SEED CO Repair & Maint. Supplies Stormwater Collection
1028883 203 SPRINT Cell Phones 494 Corridor Commission
285266 203 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
285356 200 MINNESOTA DEPARTMENT OF HEALTH Licenses, Taxes, Fees General Community Center
285381 196 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
285276 195 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
1028835 193 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
285295 188 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
285421 186 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
285254 185 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
285262 184 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
1028839 184 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
285242 182 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
285257 181 ORIGIN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
285412 181 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
285264 170 56 BREWING LLC Liquor Product Received Den Road Liquor Store
285305 168 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
285393 162 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1028819 160 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
8450 159 OPTUM HEALTH Other Contracted Services Health and Benefits
285386 159 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
285410 159 DOMACE VINO Liquor Product Received Den Road Liquor Store
285414 157 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
285332 155 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating
285355 152 MIKKELSON, GRACE Mileage & Parking Youth Programs Admin
285251 151 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1028837 151 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1028792 150 BERKBIGLER, RIK Travel Expense Police Sworn
1028798 150 STAAF, CARTER Clothing & Uniforms Police Sworn
285303 149 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
285321 149 CSI FORENSIC SUPPLY Operating Supplies Police Sworn
1028832 146 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
285440 144 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
285374 140 THE ADVENT GROUP Temp 494 Corridor Commission
1028847 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service
285256 138 OMNI BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
285388 138 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
285341 137 KAMPE MEYER SUZANNE Mileage & Parking Park Facilities
285315 135 BOWER, DOREEN P&R Refunds Community Center Admin
285400 135 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
1028844 135 CARLSTON, BRANDON Canine Supplies Police Sworn
1028843 133 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
285346 130 LEGACY SORBENTS & SUPPLY COMPANY Operating Supplies Fire
Check #Amount Supplier / Explanation Account Description Business Unit Comments
285391 130 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
285429 130 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
1028852 129 MADISON, MELISSA Conference/Prof. Dev.494 Corridor Commission
1028790 122 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
285377 122 VERIZON WIRELESS Telephone IT Operating
285379 121 WORTHINGTON MATT EMS Supplies Fire
285417 120 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
285283 120 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
1028807 119 CENTERPOINT ENERGY Gas Edenvale Park
285296 118 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store
285260 118 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
1028799 116 STOVRING, LESLIE Mileage & Parking Stormwater Non-Capital
1028783 116 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
1028787 114 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1028842 106 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
1028822 101 REINDERS INC Chemicals Park Maintenance
285306 97 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
285348 97 LITTLE ALEXANDRA Mileage & Parking Park Facilities
1028882 95 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
1028779 93 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
285287 92 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
285398 92 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store
285424 92 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store
285435 92 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
1028864 90 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
1028833 87 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store
1028891 86 ZIEGLER INC Equipment Parts Fleet Operating
285396 84 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store
285443 84 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store
285364 81 PAULSON MATHEW Mileage & Parking Utility Operations - General
1028849 80 IRMITER, JESSE Clothing & Uniforms Police Sworn
285318 80 CINTAS Operating Supplies Park Maintenance
285324 78 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1028867 75 CITI-CARGO & STORAGE CO, INC Other Rentals Eden Prairie Players
285448 71 ACE TRAILER SALES Equipment Repair & Maint Fleet Operating
285240 68 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
285422 68 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store
1028802 63 URBINA, JAIME Mileage & Parking Den Road Liquor Store
1028853 60 MPX GROUP, THE Printing Police Sworn
285335 59 HOSE PROS, INC Repair & Maint. Supplies Park Maintenance
8429 58 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
8435 57 SQUARE Bank and Service Charges Community Center Admin
1028878 56 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
285249 55 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store
1028869 52 FILTRATION SYSTEMS Supplies - HVAC General Community Center
1028795 50 NESSLER STEVEN Clothing & Uniforms Police Sworn
1028855 45 O'ROURKE, MATTHEW Clothing & Uniforms Police Sworn
1028797 41 ROCKEY, JOSH Mileage & Parking Senior Center Admin
1028788 35 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1028796 34 QUALITY PROPANE Motor Fuels Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1028860 33 STONEBROOKE Supplies - General Bldg General Community Center
285339 32 JOHNSTONE SUPPLY Supplies - HVAC City Center - CAM
285357 32 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
8443 28 SAGE PAYMENT SOLUTIONS Bank and Service Charges Arts
285368 26 SHIRLEY JOHN AR Utility Water Enterprise Fund
1028826 25 UPS Postage Den Road Liquor Store
285359 23 MINNESOTA TROPHIES & GIFTS Operating Supplies Round Lake
1028854 22 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
8448 21 CHASE Bank and Service Charges Historical Culture
1028793 21 CONCRETE CUTTING AND CORING Repair & Maint. Supplies Stormwater Collection
285309 19 AHMED AMINA P&R Refunds Community Center Admin
8452 13 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
8442 3 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture
2,028,095 Grand Total
CITY COUNCIL AGENDA
SECTION: Ordinances and Resolutions
DATE:
September 21, 2021
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/ Beth Novak-Krebs
ITEM DESCRIPTION:
Holiday and Auto Care World
ITEM NO.:
XI.A.
Requested Action
Move to:
• Adopt Resolution Denying the Applications of R.J. Ryan Construction for Planned Unit Development Concept Review, Planned Unit Development District Review with Waivers, Site Plan, and Preliminary Plat for the Proposed Holiday Convenience Store and Auto Care World Service Center Project 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 applications include PUD Concept Review, PUD District Review with Waivers, Site Plan, and Preliminary Plat. The Planning Commission voted 8-0 to deny the applications at its June 14, 2021 meeting. The City Council held a public hearing on the project on August 17, 2021 and directed staff to prepare findings for denial of the applications. A resolution with findings for denial of the applications is
attached for the Council’s consideration. On August 26, 2021, the applicant submitted a revised site plan. The extent of the changes requires the plans to go back through the review process, including consideration and recommendation by the Planning Commission as stated in City Code § 11.03, subd. 6.F and City
Code § 11.40, subd. 10.A. The applicant has declined to submit a complete application or comply with the required process for the revised site plan. City Code thus prohibits the Council from acting on the revised site plan. Attachment Resolution for Denial
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-
RESOLUTION DENYING THE APPLICATIONS OF R.J. RYAN CONSTRUCTION FOR PLANNED UNIT DEVELOPMENT CONCEPT REVIEW, PLANNED UNIT DEVELOPMENT DISTRICT REVIEW WITH WAIVERS, SITE PLAN, AND
PRELIMINARY PLAT FOR THE PROPOSED HOLIDAY CONVENIENCE STORE AND AUTO CARE WORLD SERVICE CENTER PROJECT
WHEREAS, on January 11, 2021, the City of Eden Prairie received from R.J. Ryan Construction (the “Applicant”), a land use development application requesting approval of a Planned Unit Development (“PUD”) Concept Plan Review, a PUD District Review with waivers, a Site Plan
Review, and a Preliminary Plat (the “Applications”) for the proposed project known as Holiday
and Auto Care World, to be located on approximately 3.96 acres of land at the northwest corner of the intersection of Pioneer Trail and Hennepin Town Road, Eden Prairie, MN 55347 (the “Project”); and
WHEREAS, the Project proposed a 5,200 square foot gas station/convenience store with 16 gas
pump stations and car wash and an 11,280 square foot auto repair facility; and
WHEREAS, the Project is located in the Neighborhood Commercial (“N-COM”) Zoning District; and
WHEREAS, the Planning Commission held a public hearing on the Applications on June 14, 2021 and voted unanimously to recommend denial of the Project; and
WHEREAS, the City’s Comprehensive Plan, Aspire Eden Prairie 2040, was adopted on October
1, 2019 (“Comprehensive Plan”); and
WHEREAS, Eden Prairie City Code Chapter 11 contains the City’s zoning ordinances; and
WHEREAS, City Code Chapter 11, Section 11.40, includes a process and criteria for approval of PUDs; and
WHEREAS, City Code Section 11.40, Subdivision 1, allows a PUD applicant to request a concept
review to have the general feasibility of a PUD proposal considered by the Planning Commission and the Council; and
WHEREAS, City Code Section 11.40, Subdivision 11 lists the following findings necessary for approval of a PUD:
A. The proposed development is not in conflict with the goals
of the Guide Plan of the City.
2
B. The proposed development is designed in such a manner to form a desirable and unified environment within its own
boundaries.
C. Any exceptions to the standard requirements of this chapter and Chapter 12 of this Code are justified by the design of the development.
D. The PUD is of composition and arrangement that its
construction, marketing, and operation are feasible as a
complete unit without dependence upon any subsequent unit, and the PUD shall be consistent with an approved PUD Concept.
WHEREAS, City Code Section 11.03 Subdivision 6.E provides standards and provisions that
must be evaluated by the City when considering approval of a Site Plan; and
WHEREAS, City Code Chapter 12 contains the City’s subdivision ordinance and includes design standards and criteria for evaluating a preliminary plat application; and
WHEREAS, the City adopted Design Guidelines on December 6, 2016, which apply to all proposed developments in the City; and
WHEREAS, the City Council considered the Applications for the Project at its meeting on August
17, 2021. The City Council considered all of the information presented by the Applicant before the Planning Commission and the Council, the staff report, and citizen comments submitted prior to and at the public hearings, which are incorporated by reference into this resolution; and
WHEREAS, the City Council directed staff to prepare Findings of Fact for denial of the Project;
and
WHEREAS, on August 26, 2021, the Applicant submitted a revised site plan to replace the original site plan considered by the Planning Commission on June 14, 2021 and the City Council on August 17, 2021.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, that the following Findings of Fact and Decision are hereby adopted:
FINDINGS OF FACT
I. Planned Unit Development Review 1. The purpose of the City’s PUD ordinance is to:
(1) Encourage a more creative and efficient approach to the use of land in the City;
(2) Allow variety in the types of environment available to the people of the City;
3
(3) Encourage more efficient allocation and maintenance of privately controlled common open space through the distribution of overall density of population and
intensity of land use where such arrangement is desirable and feasible; and
(4) Provide the means for greater creativity and flexibility in environmental design than is provided under the strict application of the provisions of this chapter and Chapter 12 (relating to Subd.s) of this Code while at the same time preserving the health, safety, order, convenience, prosperity, and general welfare of the City
and its inhabitants.
(City Code § 11.40, subd. 4)
Conflict with the Comprehensive Plan 2. To approve a PUD, City Code § 11.40, subd. 11.A, requires that the Council find
that the Project is not in conflict with the goals of the Comprehensive Plan.
3. Chapter 3 of the Comprehensive Plan states that the plan “seeks to promote balanced growth and retain an appropriate mix of land uses while enhancing housing opportunities and preserving natural areas to ensure that investment and growth is both economically and environmentally sustainable.”
3.1. The Project proposes two-auto intensive land uses on the property, a gas
station and a vehicle service and repair business. The Project proposes 71 parking stalls, 15 employees, and 10 loaner cars onsite. The design of the Project and expected intensity of use is in conflict with surrounding residential uses and creates issues with traffic volumes and circulation in
and around the Project. The Project does not result in appropriate mix of
land uses and is in conflict with the overall land-use goals of the Comprehensive Plan. The intensity of the Project increases potential negative impacts to the surrounding residential uses, including increased traffic, noise, and safety concerns.
4. Chapter 6 of the Comprehensive Plan provides several transportation goals.
Transportation Goal 2 is to “[p]provide a safe and efficient roadway system that balances mobility, access, and the diverse needs of transportation system users.”
4.1. The Project is in conflict with Transportation Goal 2 because it does not contain traffic control improvements to accommodate roadway capacity and
reduce delays. Applicant’s own traffic report identifies and acknowledges
that the main entrance into the site is designed such that it is likely to create traffic congestion and queuing issues within the site for the proposed gas station/convenience store, the auto service center, and the existing multi-tenant commercial building. These issues conflict with the access spacing
guidelines contained in Chapter 6 of the Comprehensive Plan and will
negatively impact the intersection of Pioneer Trail and Hennepin Town Road and create traffic delays.
4
5. Transportation Goal 6 of the Comprehensive Plan is to “[p]rovide a transportation system that supports the economic vitality and prosperity of the City and the
region.”
5.1. The Project is in conflict with Transportation Goal 6. The proposed traffic flow from the Property does not support the economic vitality and prosperity of the City because it does not provide for efficient connections to the broader transportation system. The traffic report provided by the
Applicant identifies and acknowledges that during the PM peak, the
eastbound and westbound movements operate at a Level of Service (LOS) F and queuing is expected to frequently extend from Pioneer Trail beyond the Project’s entrance on Hennepin Town Road, which will necessarily force vehicles entering and exiting the Project to wait for adequate gaps in
the south-bound traffic flow in order to access into and out of the site. This
will impact access to other businesses in the area and exacerbate current traffic issues on Hennepin Town Road, which connects to the broader transportation system in the area.
6. Chapter 6 of the Comprehensive Plan states that collector streets are the City’s
greatest responsibility, as they provide a critical link between local streets, which
are designed for property access, and minor arterials, which are designed for mobility. Collector streets have an emphasis on access and mobility. Hennepin Town Road is classified as a collector street. The design of the project intensifies traffic congestion that will impact Hennepin Town Road and hinder mobility to
principal and minor arterials.
Desirable and Unified Environment
7. To approve a PUD, City Code § 11.40, subd. 11.B, requires that the Council find that the Project is designed in such a manner to form a desirable and unified
environment within its own boundaries.
8. The internal vehicular and pedestrian circulation between the two proposed businesses—the gas station/convenience store and the auto repair facility—is indirect and inefficient due to a retaining wall that separates the buildings. The proposed circulation also requires vehicles to move between uses on the site in a
way that conflicts with vehicles that are trying to enter or exit the site. The Project
will also provide access to the multi-tenant commercial building on the adjacent property; however, the traffic report identifies and acknowledges that the design of the access will create traffic issues, such as queuing on the site and queuing on Hennepin Town Road, for all three buildings.
9. Neighbors of the proposed Project gave concrete factual testimony about how the Project will exacerbate existing traffic conditions on Hennepin Town Road approaching its intersection with Pioneer Trail. The Council finds that this testimony about the existing traffic conditions is credible and accurate. The primary
factual information presented by residents is summarized as follows:
5
• Hennepin Town Road is already heavily trafficked because it is
routinely used as an alternative to Highway 169.
• Pre-pandemic, southbound Hennepin Town Road along the proposed Project access points backed up beyond Belmont Lane daily during the P.M. Peak hour.
• The heavy peak-time traffic already causes significant delays for residents turning to and from Hennepin Town Road to Breezy Way and Belmont Lane.
10. The Applicant’s traffic report states that the Project is anticipated to generate 3,489
daily trips, which is nearly double the current daily trips generated by the existing multi-tenant use (671 daily trips) and the Walgreens located across the street from the Project’s proposed main access point (1,201 daily trips). Given the existing traffic congestion in the area of the Hennepin Town Road and Pioneer Trail
intersection, the Project’s generation of 3,489 more daily trips will cause an
unacceptable level of increased congestion. 11. According to testimony of a representative of the proposed gas station/convenience store at the Planning Commission hearing, even in a “no build” scenario the traffic
Level of Service (LOS) rating for the Hennepin Town Road/Breezy Way
intersection is currently an E or F rating. This intensive development will necessarily further degrade the level of service, thereby making traffic conditions much worse.
12. Through an easement, the Project has access rights over Breezy Way and Bridgehill
Terrace. Breezy Way services the adjoining residential neighborhood and provides access to Hennepin Town Road. Due to the design of the site and the amount of traffic the uses will generate, access to and from Hennepin Town Road via Breezy Way is proposed by the Applicant to alleviate some of the trips using the main
entrance to the site off Hennepin Town Road. Use of Breezy Way as an access point
impacts the adjacent residential neighborhood by increasing traffic on the private road.
13. Instead of taking Breezy Way directly to and from Hennepin Town Road, it is reasonable to anticipate that traffic will attempt to access the Project via Belmont
Lane, a private street that connects with Breezy Way and also leads to Hennepin
Town Road. The access easement referenced in Finding 12 does not provide the Project with access rights over Belmont Lane. The Applicant’s proposed traffic control measures to limit traffic using Belmont Lane is not sufficient to ensure that no traffic from the Project will use Belmont Lane.
14. Concerns that are not satisfactorily alleviated by the proposed design include safety
concerns with commercial traffic in the neighborhood, including gasoline trucks, and long-term maintenance of both private streets given the increase in traffic. Breezy Way and Belmont Lane are not designed to handle increased traffic volumes that will likely result from this development.
6
15. A school bus stop is located at the intersection of Breezy Way and Hennepin Town Road, and there is a daycare across the street. The increased traffic resulting from
the Project will pose additional safety issues to children and parents as they pick up
and drop off at the bus stop and the daycare.
16. The Project will further have impacts outside of its own boundaries because of the noise that will be generated by the 24-hour gas station and the auto repair business. The proposed auto repair business in particular is located only 60–75 feet from
homes to the north. Noise from the repair business, including mechanical
equipment necessary to service the vehicles, will likely not be contained within the site and will negatively impact the peace and welfare of the neighboring residents.
17. The Project is not designed in such a manner to form a desirable and uniform environment within its own boundaries because it presents unavoidable impacts to
neighboring residential uses, including negative impacts related to traffic, noise,
pollution, and safety.
Justifications for Exceptions to Standard Requirements 18. To approve a PUD, City Code § 11.40, subd. 11.C, requires that the Council find
that any exceptions to the standard requirements of Chapter 11 and Chapter 12 are
justified by the design of the development. 19. The proposed Project requests waivers to the following standard requirements of Chapter 11:
A. Minimum Lot Size: City Code § 11.03, subd. 2.B (Table 4) requires a minimum lot size of 2 acres in the N-COM District. The proposed lot for the auto service garage is 1.84 acres. The Applicant requests a waiver to allow the 1.84 acre lot.
B. Minimum Lot Width: City Code § 11.03, subd. 2.B (Table 4) requires a minimum lot width at the right-of-way line of 200 feet in the N-COM District. The Applicant requests a waiver to allow the proposed lot for the auto service garage to have 160 feet of lot width along Hennepin Town
Road.
C. Parking Setback: City Code § 11.03, subd. 3.H.5(b) requires a 10-foot parking setback from side and rear lot lines. The Applicant requests a waiver (i) to reduce the setback across from the auto service garage to 2.5
feet from the side lot line; and (ii) to reduce the setback for the parallel
parking stalls on the north side of the convenience store to 5 feet from the lot line. D. Fueling Pump Canopy - Location: For gasoline/convenience stores in the
N-COM District, City Code § 11.03, subd. 2.A.14(b) requires that “[p]ump
canopies shall be connected with the primary store structure. Pump
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canopies shall be located behind the store and oriented away from adjoining residential areas. Canopy ceiling should be textured or have a
flat finish.” The Applicant requests a waiver to allow the fuel pump canopy
to be separated from the primary store structure and located in front of the building. E. Fueling Pump Canopy – Roof: For gasoline/convenience stores in the N-
COM District, City Code § 11.03, subd. 2.A.14(a) requires that “[a]ll
buildings and pump canopies shall have peaked roofs and relate architecturally in scale, proportion, materials and detail, and color with the building.” The Applicant requests a waiver to allow the building and fuel pump canopy to have flat roofs.
20. These requested waivers to the gasoline/convenience store standards in City Code establish that the Project is not designed in compliance with those standards, which were adopted to minimize the impact of convenience stores and gas stations adjacent to residential areas. The requested waivers would result in the building not
relating architecturally with the neighboring residential or commercial
development. The building and the pump canopy do not have peaked roofs. The neighboring commercial buildings have peaked roofs or parapets that simulate a peaked roof. The canopy will not be connected to the primary store structure, which increases the footprint and the visual impact of the gas station use. These requested
waivers to Code requirements are not justified by the design of the development
and do not serve or enhance the health, safety, order, convenience, prosperity, and general welfare of the City and its inhabitants.
21. The other waivers sought by Applicant request flexibility from lot size, width, and setback performance standards contained in City Code. The design of the
development does not justify the requested waivers. The requested waivers do not
promote creativity in the design. The design does not provide for efficient circulation in and around the site, promote vehicular safety, or provide for a smooth transition between the uses and the residential neighborhood. Granting the waivers and flexibility from the performance standards does not provide public benefit to
justify granting the request.
Composition and Arrangement of PUD 22. Applicant seeks PUD Concept Review and PUD District Review. To approve a
PUD, City Code § 11.40, subd. 11.D, requires that the Council find that the PUD is
of composition and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence on any subsequent unit, and the PUD is consistent with an approved PUD Concept.
23. The PUD is not of composition and arrangement that its construction, marketing,
and operation are feasible as a complete unit without dependence on any subsequent
unit. The Project cannot accommodate traffic and site circulation in a manner that will not create conflicts with adjacent properties. The layout of the site does not
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take into consideration or minimize the adverse impacts to the neighboring residential properties. The Project depends on Breezy Way for access and to
alleviate traffic circulation concerns. Breezy Way is a residential street that is not
built to standards necessary to accommodate the commercial traffic that is reasonably expected to use the gas station and auto service center.
24. For the various reasons stated above in these findings, the PUD Concept for the Property is not approved. The PUD is therefore not consistent with an approved
PUD Concept.
Compliance with Underlying Zoning District Standards
25. City Code § 11.40, subd. 8, provides that a PUD must comply with “[a]ll standards and provisions relating to an original district” as set forth in Chapters 11 and 12,
unless waived through the PUD process.
26. The land on which the Project is proposed to be located is within the City’s N-COM Zoning District. The purposes of the N-COM District are to “provide appropriately located areas for retail stores, offices and personal service establishments
patronized by residents of the immediate neighborhood area” and to “permit
development of neighborhood shops and related office uses . . . according to standards that minimize adverse impact on adjoining residential uses.” (City Code § 11.25, subd. 1.A)
27. The Project does not support the special purposes of the N-COM Zoning District.
The proposed uses are regional in nature rather than serving the immediate
neighborhood area. The intensity of the two uses is in conflict with the surrounding neighborhood. The gas station, which is proposed to be open 24 hours per day, would be one of the largest gas stations in the City. The uses create significant peak hour traffic that is projected to traffic congestion in and around the Project, which
is in conflict with the purposes of the N-COM District.
II. Site Plan 28. City Code § 11.03, subdivision 6.E, contains standards and provisions applicable to the City’s evaluation of site plan and architectural design review application,
including consistency with the Comprehensive Plan and the City’s zoning and
subdivision ordinances, transitions between differing land uses, provision for safe and convenient vehicle and pedestrian traffic, and compliance with the City Design Guidelines.
29. The site plan for the Project is not consistent with the land use and transportation
goals of the City’s Comprehensive Plan. As identified in the findings above, the Project does not promote an appropriate mix of land uses or a safe and efficient transportation system.
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30. The site plan for the Project is not consistent with the City’s zoning and subdivision ordinances because it requires waivers from the standard requirements and
provisions of those ordinances.
31. The Project does not provide for smooth transitions between the proposed gas station/convenience store and auto repair facility and the neighboring residential uses. The car wash associated with the gas station/convenience store and the auto
repair facility are proposed to be located directly adjacent to neighboring residential
property with no transition or buffering provided, creating noise impacts and visual impacts on the neighboring property. 32. The Project does not make adequate provision for safe and convenient vehicle and
pedestrian traffic. The proposed main access point with Hennepin Town Road will
lead to traffic queuing and have a negative impact on traffic at the intersection of Pioneer Trail and Hennepin Town Road. The secondary access point onto Breezy Way creates noise and traffic impacts on the adjoining residential neighborhood. The Breezy Way access point also creates the potential that customers will use
Belmont Way, a private street, to access the Project from or to Hennepin Town
Road. The Applicant has not established that the Project has any easement or other legal right to use Belmont Way. 33. The Project is not consistent with the goals and objectives of the City’s Design
Guidelines. The Project does not relate well to the surrounding context. The Project
is located close to the existing residential development without landscape screening to provide a quality transition between uses. The buildings do not complement the surrounding residential or commercial development. The site is auto-oriented and is not designed to the human scale. Functionally the Project is not of high quality
because the design of the Project creates traffic problems, the pedestrian and
vehicular connection between the businesses is inefficient, and the buildings are distinct and separate and do not bear a positive physical or visual relationship to one another.
III. Preliminary Plat 34. City Code § 12.04, subd. 5.C, provides that a preliminary plat may not be approved if the Council makes any of the following findings (among other factors): that the proposed subdivision is in conflict with the City’s Comprehensive Plan and zoning
regulations; that the site is not physically suitable for the proposed density of
development; or that the design of the subdivision or the type of improvements will be detrimental to the health, safety, or general welfare of the public. 35. As noted above in Findings 2–6, the proposed subdivision is in conflict with the
City’s Comprehensive Plan and zoning regulations.
36. The Project site is not physically suitable for the proposed density of development. The location of the site adjacent to a residential development and configuration of
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the site is not physically suitable for a large gas station/convenience store with 16 gas pumps and a car wash, and an auto repair business with ten service bays. The
gas station/convenience store would have more pumps than any other combination
gas station/convenience store in the City, and would be larger than any other gas stations in the N-COM district. The Project proposes a high intensity of use that does not fit in the surrounding neighborhood.
37. The design of the proposed subdivision and the type of improvements proposed
will be detrimental to the health, safety, or general welfare of the public. As discussed above, the intensity of the Project in a residential neighborhood is not suitable and is not in the best interests of the City. The negative impacts on traffic, noise, and safety that can reasonably be anticipated to result from the Project have
a detrimental impact on the health, safety, and general welfare of the residents
surrounding the Project as well as the community as a whole. IV. Revised Site Plan Submittal
38. The Applicant submitted a revised site plan on August 26, 2021 to replace the
original site plan. The revised site plan makes significant changes to the original site plan and purportedly removes the need for two of the requested PUD waivers. 39. Because the revised site plan makes significant changes to and is intended to replace
the original site plan, City staff informed the Applicant that, once the revised
application is deemed complete, the revised site plan and PUD application must go through the full review process required by City Code, including neighborhood outreach, staff review, Planning Commission, and City Council review.
40. On September 17, 2021, the Applicant submitted updated civil engineering,
architectural, and landscape plans. Staff has not had adequate time to review the updated plans and determine whether the revised application is complete, including whether a revised preliminary plat is necessary. The Applicant has declined to grant the City an extension of the time limit for review of the application necessary to
comply with the review process required by the City Code. The City is unable to
complete the review process required by City Code under the current review timeline. 41. City Code § 11.03, subd. 6.F provides that “a Site Plan and Architectural Design
shall not be acted upon by the Council until it has received the recommendation of
the Planning Commission or until sixty (60) days have elapsed from the date it has been referred to the Planning Commission for its study and report.” Further, the Council must also hold a public hearing for which notice has been given to neighboring property owners. Id.
42. City Code § 11.40, subd. 10.A provides that “[a]n application for a PUD . . . may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until sixty (60) days have elapsed from the date of referral
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to the Planning Commission.” Public hearings on a PUD application must be “held before both the Planning Commission and the Council.” Id., subd. 10.
43. There is not sufficient time under the existing review period to complete Planning Commission and City Council review and the applicant has declined to provide an extension. Because the Council has not received the recommendation of the
Planning Commission, City Code prohibits the Council from acting on the revised
site plan or PUD application. The Council will not review or act on the revised application. DECISION
Based upon the above findings of fact, the Council hereby denies the Applications for PUD
Concept Review, PUD District Review, Site Plan, and Preliminary Plat for the Holiday and Auto Care World Project.
ADOPTED by the Eden Prairie City Council this 21st day of September, 2021.
____________________________________ Ronald A. Case, Mayor ATTEST
_______________________________ Nicole Tingley, City Clerk