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City Council - 02/08/2022
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, FEBRUARY 8, 2022 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 Matthew Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Dan Gregerson, and Recorder Nicole Tingley Workshop - Heritage Rooms I and II (5:30) I. COMMISSION WORK PLANS A. HERITAGE PRESERVATION COMMISSION B. PLANNING COMMISSION C. SUSTAINABILITY COMMISSION Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. ANN BERNE-RANNOW – MASK MANDATE IN CITY FACILITES III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 8, 2022 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 Julie Klima, Parks and Recreation Director Jay Lotthammer, and City Attorney Dan Gregerson I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. POLICE DEPARTMENT LIFE SAVING AWARD FOR MCDONALD’S DRIVE-THRU EMERGENCY B. MARTIN LUTHER KING, JR. WORDS IN ACTION CONTEST WINNERS C. EDEN PRAIRIE LIQUOR DOLLAR DRIVE FOR PROP D. EMPTY BOWLS DAY PROCLAMATION E. MINNESOTA PARK AND SPORTS TURF MANAGERS ASSOCIATION FIELD OF THE YEAR AWARD F. ACCEPT DONATION OF $350 FROM THE EDEN PRAIRIE COMMUNITY FOUNDATION FOR THE MARTIN LUTHER KING, JR. WORDS IN ACTION CONTEST (Resolution) G. ACCEPT DONATION OF $350 FROM ELIM SHORES FOR VARIOUS SENIOR CENTER SPECIAL EVENTS (Resolution) H. ACCEPT DONATION OF $200 FROM HUMANA FOR VARIOUS SENIOR CENTER SPECIAL EVENTS (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 18, 2022 CITY COUNCIL AGENDA February 8, 2022 Page 2 B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 18, 2022 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 5.72 AND 9.11 RELATING TO RENTAL HOUSING AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE C. CODE AMENDMENT FOR SIGNAGE by City of Eden Prairie. Approve second reading of an Ordinance to amend City Code Chapter 11 relating to content neutrality in signage regulations and adopt Resolution approving Summary Ordinance (Ordinance, Resolution) D. BLUE STEM NORTH ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) REVIEW (Resolution) E. RESOLUTION APPROVING AMENDMENTS TO THE JOINT AND COOPERATIVE AGREEMENT OF THE MUNICIPAL LEGISLATIVE COMMISSION F. DECLARE OBSOLETE FIRE EQUIPMENT AS SURPLUS G. APPROVE DELEGATION AGREEMENT WITH THE MN DEPARTMENT OF NATURAL RESOURCES FOR AQUATIC INVASIVE SPECIES PREVENTION H. APPROVE AGREEMENT WITH BARR FOR THE LOWER RILEY CREEK WATERSHED OUTLET MONITORING I. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 11 J. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 12 K. APPROVE PURCHASE OF TWO NEW FORD MODEL F150 EV PRO 4WD MODEL VEHICLE FOR A TOTAL COST OF $85,791.20 L. AWARD 2022 STREET SWEEPING CONTRACT TO PEARSON BROTHERS, INC. M. RESOLUTION APPROVING THE MUTUAL WAIVER AGREEMENT FOR EDEN PRAIRIE ROAD ASSESSMENT PROJECT N. APPROVE TEMPORARY EASEMENT AGREEMENT AMENDMENT CITY COUNCIL AGENDA February 8, 2022 Page 3 WITH METROPOLITAN COUNCIL FOR THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT O. AWARD CONTRACT FOR 2021 PRIORITY POND DREDGING TO RACHEL CONTRACTING P. APPROVE MINNESOTA DEPARTMENT OF HEALTH SOURCE WATER PROTECTION PROGRAM GRANT FOR $10,000 IX. PUBLIC HEARINGS / MEETINGS A. REDEVELOPMENT PLAN, MODIFICATION, ESTABLISHMENT OF TIF DISTRICT AND TIF PLAN FOR THE ELLIE X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Transfer of the Eden Prairie Cemetery from the Eden Prairie Cemetery Association, Inc. to the City of Eden Prairie (Resolution) 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 CITY COUNCIL AGENDA SECTION: Proclamations/Presentations DATE February 8, 2022 DEPARTMENT / DIVISION Police Chief Matt Sackett ITEM DESCRIPTION Life Saving Award- McDonald’s ITEM NO. IV.A. Requested Action No action required Synopsis Chief Matt Sackett will award citizens Sydney Raley and Garrett Guzman with Letters of Recognition from the department for their actions on December 18, 2021 when they saved the life of woman who was choking in the drive-through at McDonald’s. Mike Trullinger, Battalion Chief and Public Information Officer for Hennepin Emergency Medical Services, will also be in attendance to present American Heart Association awards to Ms. Raley and Mr. Guzman. After Chief Sackett reads the award, the Mayor is welcome to join him at the podium to present the award letters and for photos. CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: February 8, 2022 DEPARTMENT / DIVISION: Mayor Ron Case ITEM DESCRIPTION: Martin Luther King Jr. Words in Action Contest Winners ITEM NO.: IV.B. Requested Action No formal action requested. Sam Griffin, Human Rights and Diversity Commissioner, Hina Kazama and Shubhangi Mohan, Human Rights and Diversity Student Commissioners, will be on-hand to announce the winners of the Martin Luther King Jr Day Words in Action Contest for 2022. Synopsis Eden Prairie youth submitted written or visual art pieces based on quotes from Dr. King. Participants reflected on the ways that they can continue to remember Dr King and carry his legacy of racial justice forward. Contest winners include: 12 and under: Alec Boudreau Akshaya Ramanujam 13 – 18 years old: Ashritha Katamneni Spandan Datta Attachment None. CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: February 8, 2022 DEPARTMENT / DIVISION: Jaime Urbina, Manager Administration / Liquor Operations ITEM DESCRIPTION: Eden Prairie Liquor Dollar Drive for PROP ITEM NO.: IV.C. Synopsis Throughout the month of November, the City's three municipal liquor stores partnered with the PROP food shelf and invited customers to donate to the food shelf. Eden Prairie Liquor stores held a Dollar Drive inviting customers to contribute just $1 each time they visited. The stores raised a total of $8,563.28 for PROP food shelf. Background Information The City's three municipal liquor stores partnered with PROP to give back to the community. PROP’s mission is to compassionately provide food and comprehensive support to people in Eden Prairie and Chanhassen who are facing financial hardship or crisis to create a path toward greater self-sufficiency. Their primary services include a food shelf, short-term financial help, support for low-income families with children and teens, and support for seniors and individuals with disabilities. CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE February 8, 2022 DEPARTMENT / DIVISION Office of the City Manager Administration ITEM DESCRIPTION Empty Bowls Day Proclamation ITEM NO. IV.D. Requested Action No formal action requested. Mayor Case will read the proclamation. Background This proclamation will declare February 22, 2022 as Empty Bowls Day and urges all citizens to support PROP. Empty Bowls is annual PROP event that has been held to raise funds for PROP since 2010. PROP Executive Director Jenifer Loon and PROP Development Director Mary Brown will be present to accept the proclamation. Attachments Proclamation PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, PROP has provided food, support and compassion to the residents of Eden Prairie and Chanhassen for over 50 years; and WHEREAS, PROP serves approximately 1,000 households, totaling 3,300 individuals each year; and WHEREAS, PROP is considered an essential organization by the City of Eden Prairie, local residents, the school district, the faith community, civic organizations and businesses alike; and WHEREAS, the annual Empty Bowls Event has served as a cherished community get together to raise funds for PROP since 2010; and WHEREAS, the 2022 Empty Bowls Event will support PROP’s mission to provide service to our neighbors in need. NOW, THEREFORE, the City Council of the City of Eden Prairie, Minnesota, does hereby proclaim February 22, 2022 as: EMPTY BOWLS DAY in the City of Eden Prairie and urges all citizens to support PROP. Ronald A. Case, Mayor City of Eden Prairie CITY COUNCIL AGENDA SECTION: Proclamations/Presentations DATE: February 8, 2022 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION: Minnesota Park and Sports Turf Managers Association Field of The Year Award ITEM NO.: IV.E. Requested Action Move to: Receive the Minnesota Park and Sports Turf Managers Association Field of The Year Award for Round Lake Stadium. Synopsis Since 2010, the MPSTMA and Turfco have identified one field in Minnesota as the "Field of The Year." This year, Round Lake Stadium was recognized as the “Field of The Year” for its outstanding playing conditions. Background Round Lake Stadium is the home field of the Eden Prairie High School varsity baseball team and many Eden Prairie Baseball Association teams. Although the field has always been seen as one of the premier youth athletic fields in the area, our Park Maintenance staff is always looking to improve our facilities. In recent years, Park Maintenance staff, in partnership with the Eden Prairie Baseball Association maintenance staff, have completed many updates to the Round Lake Stadium field to increase player safety and improve playing conditions. These improvements have been extremely well received by all players who play on this field and has led to the MPSTMA naming it the “Field of The Year”. CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: February 8, 2022 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from the Eden Prairie Community Foundation toward cash prizes for the Dr. Martin Luther King, Jr. Words in Action contest ITEM NO.: IV.F. Requested Action Move to: Adopt Resolution accepting the donation of $350 from the Eden Prairie Community Foundation toward the Dr. Martin Luther King, Jr. Words in Action Contest prizes for youth. Synopsis The City of Eden Prairie’s Words in Action Contest encourages youth who reside or attend school in Eden Prairie to select a quote from Dr. Martin Luther King, Jr. and reflect on its meaning to them through creative expression. The Eden Prairie Community Foundation’s donation provides for cash prizes for the contest finalists. Background Begin in 2021 in conjunction with Dr. Martin Luther King, Jr. Day, the Words in Action contest invites local youth to reflect Dr. King’s words and express what it means to them through visual art, poetry, essay, spoken word or audio/video. Participants are asked to reflect on what actions they can take individually, or the community can take collectively to not just remember the legacy of Dr. King, but to carry forward his legacy of racial justice. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-__ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $350 to be used towards the MLK Words in Action contest prizes from the Eden Prairie Community Foundation is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 8th day of February, 2022. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: February 8, 2022 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Elim Shores to Senior Center events ITEM NO.: IV.G. Requested Action Move to: Adopt Resolution accepting the donation of $350 from Elim Shores for various Senior Center special events: Shred Truck $200 Summer BBQ $100 Golf Classic $50 Synopsis Donations such as this allow the Senior Center to offer special events at low or no cost to residents. Background The Eden Prairie Senior Center serves area seniors with drop-in programs, enrichment classes, fitness opportunities and social events. Prior to the pandemic, participation had shown significant annual growth and the community’s use of this resource is expected to continue to increase in the coming years. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $350 to be used towards the Senior Center Shred Truck ($200), Summer BBQ ($100) and Golf Classic ($50) from the Elim Shores is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 8th day of February, 2022. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: February 8, 2022 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Humana to Senior Center events ITEM NO.: IV.H. Requested Action Move to: Adopt Resolution accepting the donation of $200 from Humana for various Senior Center special events: June Bingo $25 Golf Classic $175 Synopsis Donations such as this allow the Senior Center to offer special events at low or no cost to residents. Background The Eden Prairie Senior Center serves area seniors with drop-in programs, enrichment classes, fitness opportunities and social events. Prior to the pandemic, participation had shown significant annual growth and the community’s use of this resource is expected to continue to increase in the coming years. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $200 to be used towards the Senior Center Golf Classic ($175) and June Bingo ($25) from the Humana is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 8th day of February, 2022. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JANUARY 18, 2022 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 Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, Acting City Attorney Joshua Dorothy, and Recorder Nicole Tingley Workshop - Heritage Rooms I and II (5:30) I. COMMISSION WORK PLANS Mayor Case was absent. All other Council Members were present. A. FLYING CLOUD AIRPORT ADVISORY COMMISSION Gerber introduced Dan Dorson, Chair of the Flying Cloud Airport Advisory Commission (FCAAC) and Andy Kleinfehn, Vice-Chair. Dorson provided an overview of their presentation noting he would be covering the following: Commission Goals, Definitions, Airport Operational Summary, Noise Complaint Summary, Recent and Upcoming Focal Points, Commission Airport Tour, and Goals for 2022. Dorson stated that the FCAAC advises the City Council on matters affecting operations of the Flying Cloud Airport. The FCAAC monitors changes to laws, rules, and regulations and monitor the final agreement with the Metropolitan Airport Commission (MAC). They also continue to work with the City and MAC to reduce nighttime noise and improve the appearance of the airport. Dorson shared the definitions of the following four Federal Aviation Administration terms: • Local Operations: an airplane operating locally- both taking off and landing at the same airport • Itinerant Operations: the opposite of local operations • Instrument Flight Rules (IFR): rules that allow a pilot to fly in the clouds or at high altitudes City Council Workshop Minutes January 18, 2022 Page 2 • Visual Flight Rules (VFR): rules for pilots operating aircrafts seeing the ground. Dorson provided a summary of the airport’s 2021 Operations. Total airport increased by around six percent total from 2020 to 2021. Local VFR have gone down by around eight percent. Itinerant VFR flights have increased by 11 percent. Itinerant IFR flights have increase by 43 percent. This shows a recovery of business aviation from the pandemic. Overall, there is a growing use of the airport by jet and turboprop aircrafts. Flying Cloud Airport is the third busiest towered airport in Minnesota and surrounding states. Narayanan asked if Itinerant IFR flights cause the most noise. Dorson answered it depends on whether the concern is jet noise or propeller noise. There is more PG- Is Itinerant IFR flights cause most noise. It depends on whether the concern is jet noise or propeller noise. Jet noise is usually on the ends of the runway and propeller noise is usually on the sides of the runway. Dorson summarized noise complaints for 2021. Complaints decreased roughly a third from 2020 to 2021. Approximately the same number of households filed complaints. Nighttime complaints reduced over the last year. Dorson displayed a graph showing the number of complaints and number of households filing complaints. Nelson stated that the City Council has received more noise complaints. She asked why there was so much increase in noise complaints in 2020. Dorson replied that people were working from home and people had more time for flight training. Toomey asked if the airport had two runways. Dorson answered it had 3 runways. Toomey followed up by asking if switching to take-off from the short runway would make a difference for noise. Dorson stated the short runway is for propeller planes and which runway used is dependent on wind. Dorson showed a map of where the complaints came from in relation to the airport. More complaints originate from the end of the runways. Flight paths cannot be moved safely. Gerber added that MAC has educated flight instructors that not all of their touch and go’s have to be at Eden Prairie and that has made a difference. Dorson continued by discussing their focus points the first being reducing nighttime operations. Rather than going to pilot organizations and users about reducing complaints in general, they decided to focus on nighttime and remind them about voluntary restrictions. At the same time remind residents that law enforcement accounts for a lot of night use. City Council Workshop Minutes January 18, 2022 Page 3 Nelson asked if Lifelink is still using the more western airports. Gerber stated that Flying Cloud Airport is not the primary airport for Lifelink 3. Dorson covered their second focus point Vocational Opportunities. It was the topic of their January 2022 meeting. It is about looking beyond flight training. At the meeting, Dr. Swanson, the Superintendent of the Eden Prairie school district expressed desire for education-workplace partnerships. Finally, Flywise, an aircraft mechanic training center will be opening later this year. Nelson asked if the mechanic training will bring more noise or will in be mostly inside hangers. Dorson anticipated activity primarily inside hangers and classroom instruction. The third focus point is Appearance Improvements. Dorson stated that he has asked the student commissioners to identify possible changes. In May, the commission will tour the airport specifically about appearance improvements. In 2022, the FCAAC goals are nighttime operations that is increasing awareness and reducing noise as well as improving appearance. This may include coming to the City Council with proposals. Toomey asked if there are many violations of Ordinance 97. Dorson stated it fluctuates by quarter. There were five at the last meeting, all of which were first-time non-repeater offenders. Toomey inquired if MAC is receptive to changing the appearance of the airport. Dorson stated they are and have plans to replace some of their signage. Dorson stated that they will also encourage tenants to make improvements. Nelson commented that there have been improvements over the last 10 years. Nelson thanked the FCAAC for all their work. B. HUMAN RIGHTS AND DIVERSITY COMMISSION Megan Yerks, Housing & Community Services Coordinator, introduced Human Rights and Diversity Commission (HRDC) member John Urbanski and Student Commission Hina Kazama. Kazama stated that there are currently nine adults and six students serving on the commission. Kazama shared the 2021 highlights of the HRDC. Event partnerships are a large component, and the commission is continually trying to create new partnerships. In 2021 they held the first Martin Luther King Words in Action Contest. The commission also presented the Eden Prairie Human Rights awards. They were able to City Council Workshop Minutes January 18, 2022 Page 4 resume the Stop the Trafficking 5K with a hybrid approach, more in-person PeopleFest! events were able to be held, and they partnered with Chain Reaction Theatre and Immanuel Lutheran to host a performance about white privilege. Urbanski complimented the student commissioners and their participation. Urbanski stated that another 2021 highlight of HRDC was the Eden Prairie Race Equity Report. He thanked the Council for their support and stated Commission is looking forward to working on implementation. In 2021 HRDC was not able to have community organizations come and present at their meetings as usual. However, they were still able to gain insight into the community through the Race Equity Report interviews and focus groups. Urbanski stated that the primary 2022 goal is to begin implementing the Race Equity Report. They will be working in subcommittees to do this. The other goals include promoting inclusivity by creating spaces for members of the community to connect, increasing listening avenues, enlisting community organizations and individuals to promote the City’s Manifesto. In 2022, they are launching a new initiative designed to recognize culturally significant holidays and heritage and history months. They will be working with community members to create social media posts. They will continue their collaborative community events. Their One Eden Prairie subcommittee will be working on this effort. Narayanan asked if there has been any biased crime reported. Yerks stated that she has received calls with concerns about incidents, but none where the victim has asked to come to the full commission. She has had a few referrals from the police department. Narayanan asked if the statistics are tracked on that. Yerks answered that she does not track. The police do track on their end. It was clarified that the standards are high for it to be a crime in terms of the law. Yerks added that she will often refer people to the State Office of Human Rights because they have the investigative department that handles those types of concerns with private businesses when it does not reach the level of law enforcement. Antidotally, she has received more calls, but does not know if it is because it is happening more or because of awareness of her. Narayanan suggested starting to track. Nelson added it would be interesting to know if concerns are coming from one community or multiple communities and other characteristics like gender. Nelson thanked the commission for helping them take the steps forward that they want to take. City Council Workshop Minutes January 18, 2022 Page 5 Narayanan stated that he is impressed with the commission and student participation. They have done a lot of work and he appreciates it. Urbanski thanked the City Council and Staff for their support. C. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION Lotthammer introduced Patrice Erickson, Chair of the Parks, Recreation and Natural Resources Commission (PRNRC). Erickson stated that the Commission has the same goals as the City: to promote wellbeing and safety, to provide high quality proficient services, to preserve and beautify the environment, to create a sense of community, and to execute innovative and sustainable practices. She stated she appreciates the staff and they have done a great job with pivoting. She added that commission is great and she likes having the students there and they have gotten more involved. Erickson provided an overview of 2021 by quarter. In quarter one the commission received staff overview of the deer management plan, received a progress update on the Riley Lake Play Area, and had a joint meeting with the Heritage Preservation Commission. The joint meeting included a presentation on the status of historical properties, a review of the Feldman Family Farm interpretive sign, a review of the Yorkville and Bloomington Road Preservation Plan, an overview of Staring Lake Park Interpretive signs and a status update on the Flying Red Horse. Toomey asked what the status of the Flying Red Horse is. Lotthammer answered that staff is meeting with a consultant this coming week to look at a design close to Davanni’s. An exact date for redoing it has not been established, but it is estimated to be March, April, or May. It was clarified that it cannot be on the LRT station itself, but the location will be close. Nararayan asked if it would be outside or enclosed. Lotthammer stated it would likely be enclosed for protection. Getschow shared that the first idea was to have it inside at the Eden Prairie Mall, but the mall was not receptive. Then the idea of having it outside at the LRT station formed. Additionally, in quarter one, Erickson stated the supervisors overviewed their programming areas and that they reviewed and commented on the sports trends report. In quarter two, the Commission reviewed the 2020 Annual Report, discussed the Quality of Life Survey Results, learned about the Bike Park concept, and reviewed plans for the senior center building improvements. Narayanan inquired how many people visit the senior center in a normal non-COVID year. Lotthammer responded City Council Workshop Minutes January 18, 2022 Page 6 that he would have to look back. The visits are close to a million at the community center, but it is more in the thousands at the senior center. Next, in quarter three, the commission received an LRT update and an overview progress of parks projects like the splash pad and Riley Park. Narayanan asked if there have been any dramatic changes at Riley Park because of the LRT. It was determined that Narayanan was thinking of Purgatory Creek because Riley Park is far west by the lake. Lotthammer stated that they are waiting for a sign and adding a little more lighting. Additionally, in quarter three, the commission discussed a potential ice rink partnership, participated in a master plan exercised, tour the parks, met with the Sustainability Commission and toured the maintenance building, and reviewed public art installations. Nelson commented that she really likes the art installations and they have been well done. They have added more than she thought they would. She has received a lot of nice comments. It is worth doing and continuing. It would be nice if an extra one or two could be added. Lotthammer noted that there are more to come, likely a couple per year. In quarter four, the commission reviewed plans of the Nesbitt Preserve Park Splash pad, heard a presentation on Community Center Operations, reviewed progress of the Riley Lake Play Area, and reviewed plans for the Round Lake Park Building. Toomey asked when that will be completed. Lotthammer stated they are looking to start in July after the 4th and have it completed towards fall. He noted he would be presenting more on the project at tonight’s City Council meeting. Finally, in quarter four, they reviewed progress on the pedestrian and bike master plan and learned about staff recruiting strategies and new staff. Narayanan asked what the status was of Miller Spring regarding a cover area. Lotthammer stated there is not a lot of room there. They have thought about the tree canopy serving as the protection. They have not completed detailed plans or specifications but would not want it to be something that stands out as it is natural and historic. Getschow added the Council reviewed a couple of options at a workshop. The multiple spicket concept was denied. Staff has put up signage and a fence. The other portion was a cover area which is going to be a challenge due to the small area. Narayanan stated that one of the main reasons people move and live in Eden Prairies is the parks. He suggested providing commissions to Park and Recreation employees. City Council Workshop Minutes January 18, 2022 Page 7 Toomey asked how the job fair on January 17th went. Jay responded the takeaway is they saw a lot of 14-year-olds looking for their first job and retirees who were interested in mowing lawns in the mornings. He hopes they were able to recruit future employees. Yerks stated the Housing and Community Services division shared information on the job fair on Whatsapp, with the Somali community, and with nonprofits. Nelson asked if they have had a greater number of parks employees looking like the children in the community. Lotthammer stated they excel at that with their younger seasonal staff. Nelson asked if the City is looking at updating the trails more often with more people utilizing them. Lotthammer replied that a few years ago the City started doubling the amount of trail maintenance. They now feel more comfortable and that it is a good pace. Nelson stated that she has received feedback that there needs to be more waste receptables on longer stretches of trails especially in the northern part of the City. They also need to be emptied more often. Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JANUARY 18, 2022 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, P G Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Police Chief Matt Sackett, Fire Chief Scott Gerber, and Acting City Attorney Joshua Dorothy I. CALL THE MEETING TO ORDER Acting Mayor Kathy Nelson called the meeting to order at 7:00 PM. Mayor Case was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. DR. MARTIN LUTHER KING, JR. PROCLAMATION Acting Mayor Nelson read the Proclamation in full, “Whereas, the City of Eden Prairie’ s City Council and Human Rights Diversity Commission sponsors the Human Rights Award program, recognizing those who work to create an inclusive community spirit through their actions, activities, and programs; and whereas, the City of Eden Prairie recognizes that Dr. Martin Luther King, Jr., had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his nonviolent philosophy; and whereas, the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto. Now, therefore, be it resolved, that the City of Eden Prairie hereby proclaims 2022 as a year to celebrate human rights and diversity, and asks all residents to continue their commitment and concern for equal rights for all persons, to dedicate themselves to helping those who do not yet share in that freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.’s dream.” CITY COUNCIL MINUTES January 18, 2022 Page 2 B. DR. MARTIN LUTHER KING, JR. WORDS IN ACTION CONTEST ANNOUNCEMENT City Manager Rick Getschow stated there were members from the Human Rights and Diversity Commission present. Hina Kazama, Human Rights and Diversity Student Commissioner, announced the beginning of the Martin Luther King Jr. Words in Action Contest. The goal of the Martin Luther King Jr. Words in Action Contest is to encourage young residents to reflect on the vision of Dr. King and actions Eden Prairie residents can take today to move toward his ideals. She gave details about submissions for the Contest. She noted there is a committee to set up to review the submissions, and there will be an opportunity for cash prizes and presenting the works at the City Council meeting. C. HUMAN RIGHTS AWARD ANNOUNCEMENT Getschow introduced Human Rights and Diversity Commissioner Asad Aliweyd to explained the annual Human Rights Award. Asad Aliweyd stated the goal of the Human Rights Award is to recognize an Eden Prairie individual, non-profit organization, business or youth for their inspiring efforts to promote human rights and diversity and create an inclusive community spirit through actions, activities or programs. He noted there are many talented groups in the community, and the Human Rights and Diversity Commission looks forward to recognizing them. Mr. Aliweyd provided details about the timeline for the award. Nelson thanked the Human Rights and Diversity Commission for their continued work. D. ACCEPT DONATION OF $300 FROM HOME INSTEAD FOR SENIOR CENTER EVENTS (Resolution No. 2022-20) Parks and Recreation Director Jay Lotthammer explained this item is to accept a donation from Home Instead to go to the Senior Center to fund three portions of three Senior Center events: May Shred Truck, Golf Classic, and the Veterans Breakfast. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. 2022-20 accepting the donations in the amount of $300 from Home Instead to go towards Senior Center events. Nelson thanked the donor. CITY COUNCIL MINUTES January 18, 2022 Page 3 E. ACCEPT DONATION OF $500 FROM SOUTHWEST TRANSIT FOR SPECIAL EVENTS AT THE SENIOR CENTER (Resolution No. 2022-21) Lotthammer explained this item is to accept a donation from Southwest Transit to be used towards the Senior Center Shred Event, Senior Awareness month events, Garden Party, Fall Lunch, and Holiday Lunch from SW Transit. He noted they also usually provide volunteers for the events. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No. 2022-21 accepting the donations in the amount of $500 from Southwest Transit for various special events at the Senior Center. Nelson thanked the donor. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Freiberg, to approve the agenda as published. Motion carried 4-0. VI. MINUTES F. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 4 , 2021 G. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 4, 2021 MOTION: Toomey moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, January 4, 2021, and the City Council meeting held Tuesday, January 4, 2021, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR Nelson pointed out item D. Approve use of $50,000 in CDBG-CV CARES Act Funds for Homeless Prevention. A. CLERK’S LIST B. RESOLUTION AMENDING RESOLUTION NO. 2022-22 ESTABLISHING MEETING DATES AND TIMES FOR CITY BOARDS AND COMMISSIONS FOR 2022 C. APPROVE CONTRACT TO PURCHASE VESTA 911 PHONE SYSTEM SUPPORT FROM INDEPENDENT EMERGENCY SERVICES (IES) FOR DISPATCH 911 SYSTEM CITY COUNCIL MINUTES January 18, 2022 Page 4 D. APPROVE USE OF $50,000 IN CDBG-CV CARES ACT FUNDS FOR HOMELESS PREVENTION E. SHUTTERFLY by Tempus Eden Prairie, LLC. Approve second reading of an Ordinance for Planned Unit Development District Review with waivers on 16.2 acres, Adopt a Resolution for Site Plan Review on 16.2 acres (Ordinance No. 2-2022-PUD-1-2022, Resolution No. 2022-23 for Site Plan Review, Development Agreement) F. APPROVE CONSTRUCTION AGREEMENT WITH XCEL ENERGY FOR STREET LIGHTING FIXTURE CHANGE TO LED COBRA HEADS MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-F on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS A. NOR-SON EDEN PRAIRIE OFFICE by Nor-Son, Inc. Adopt a Resolution for Comprehensive Guide Plan Change from Regional Commercial to Office on 1.66 acres, Adopt a Resolution for Planned Unit Development Concept Review on 1.66 acres, Approve first reading of an Ordinance for Planned Unit Development with waivers on 1.66 acres (Resolution No. 2022-24 for Comprehensive Guide Plan Change, Resolution No. 2022-25 for PUD Concept Review, Ordinance for District Review with waivers) Jesse Hopkins, Nor-Son Project Architect, introduced himself. The applicant is requesting approval to construct an approximately 15,400 square foot, two story office building at 7544 Market Place Drive. The property is 1.66 acres and located north of the I-494 and US-212 interchange. Mr. Hopkins noted the property is currently a parking lot. Parking is proposed along the north and east sides of the building, adjacent to neighboring property parking lots. Mr. Hopkins showed photos of the current landscape and an aerial survey graphic of the land. Mr. Hopkins explained the soil tops and the plan for the site improvements. They will properly prepare and grade the ground. He showed a proposed site plan, which includes special parking for carpools and bike parking. They are requesting a front yard setback waiver. Mr. Hopkins explained they have been working with the watershed district to determine water flow. They have a plan in place for the stormwater, and there CITY COUNCIL MINUTES January 18, 2022 Page 5 will be an underground storage chamber. Mr. Hopkins showed a utility plan for the site. Mr. Hopkins noted Nor-Son are also asking for a waiver on building material standards. Office buildings are required to have a minimum of 75 percent Class I materials on each building façade. The use of metal panels along the roofline and second story portions of the building increases the amount of Class II materials beyond City Code requirements. On average, the façades of the building have 69 percent Class I materials and 31 percent Class II materials. The highest ratio is 71 percent Class I to 29 percent Class II on the west façade, and the lowest ratio is 65 percent Class I to 35 percent Class II on the east façade. Mr. Hopkins stated the concept does not take away green space, uses environmentally insulation, and uses LED lighting system. The building will have high energy efficiency. He noted he is happy to answer any questions of the Council. Getschow stated Mr. Hopkins gave a good overview of the project. Getschow noted the Planning Commission unanimously recommended the project, and there was no one from the public there to address the project at the Planning Commission meeting. Narayanan asked how many employees will be at the facility. Mr. Hopkins stated there would be up to 40 individuals. Toomey asked how many trees they will be losing. She read the report that a majority of the trees will be gone anyways as they are Ash trees. Mr. Hopkins stated the soil is not suitable for building or hardscape improvements. Therefore, the ground was not initially improved well. The perimeters will be left untouched, but there is not an opportunity to preserve other plants otherwise. Freiberg stated the parking lot seems unused currently. Mr. Hopkins confirmed it was an unused lot. Freiberg thanked him for his presentation. Narayanan noted Eden Prairie looks forward to their business. MOTION: Toomey moved, seconded by Freiberg, to close the public hearing, and to adopt Resolution No. 2022-24 for the Guide Plan Change from Regional Commercial to Office on 1.66 acres, to adopt Resolution No. 2022-25 for the Planned Unit Development Concept Review on 1.66 acres, approve the First Reading of an Ordinance for the Planned Unit Development District Review with waivers on 1.66 acres, and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council CITY COUNCIL MINUTES January 18, 2022 Page 6 conditions Freiberg stated the building is very nice looking. Nelson agreed the building is very good-looking and noted the Planning Commission fully supports the build. Motion carried 4-0. B. CODE AMENDMENT FOR SIGNAGE by City of Eden Prairie. Approve first reading of an Ordinance to amend City Code chapter 11 relating to content neutrality in signage regulations (Ordinance) Getschow introduced City Planner Julie Klima to continue the presentation. City Planner Julie Klima stated the Staff’s work plan includes a comprehensive Sign Code update. At the March 2, 2021 City Council workshop, Staff presented information on the Sign Code Update. The first issue to address its he content neutrality aspect. There was a 2015 Supreme Court Case addressing sign neutrality across the nation. There are also housekeeping issues needed in the Code. Klima explained the purpose of the Code update is not to establish a new sign code but to revise the existing code. They want to create sign code regulations specific to newly created zoning districts which have been established over the past several years, to reorganize where necessary for user friendliness, and to provide periodic and necessary housekeeping updates to reflect current sign terminology, consistency in application, and provide for flexibility where possible. Klima showed a slide with a few content neutral amendments to the Code. One example is the signs will be allowed based on the corresponding Zoning District. Additionally, religious facilities in the Public Zoning District are allowed to have signs based on the regulations of the Public Zoning District. Klima added, in the Planned Unit Development, a sign would be allowed with the same square footage as currently allowed. Klima noted there are minor wording changes and synthesized provisions within the Code to allow for more clarity. Klima offered to answer any questions. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing, and to approve the first Reading of the Ordinance to Amend City Code Chapter 11 relating to the Sign Code. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, CITY COUNCIL MINUTES January 18, 2022 Page 7 Toomey, and Nelson voting “aye.” XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 5.72 AND 9.11 RELATING TO RENTAL HOUSING Getschow stated there was a detailed workshop on rental housing in December. The Ordinance specifies the period they issue a license, required notification about change in ownership, application processes, and bringing the Ordinance in line with how people can apply and renew licensure. It is not changing the elements of the program. He noted the Ordinance does not need a public hearing. Freiberg asked if there are properties in the City which are being rented and unlicensed. Getschow stated there is a possibility in some single-family homes or duplexes. Freiberg asked if they can do anything to monitor it. Getschow stated he cannot give an exact number of how many properties are being operated without rental licensure. He explained many cities have this program, so landlords are likely to know about the program. However, there could be more information on the program provided to people who do not rent out multiple properties. Nelson asked if the Ordinance applies to a one-off rental for a week or so. Getschow stated the Ordinance specifies a time frame for rentals. Typically, the situations are typically for long-term rentals. He added the Ordinance will come back for a second reading, and he will get more details on the time specification to bring back for the reading. MOTION: Narayanan moved, seconded by Freiberg, to approve first reading of an ordinance amending City Code Chapter 5, Section 5.72 relating to Licensing of Rental Housing and City Code Chapter 9, Section 9.11, relating to Rental Housing Motion carried 4-0. Getschow stated the Ordinance covers any rentals longer than 30 days. XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL MINUTES January 18, 2022 Page 8 B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Round Lake Park Building Update Lotthammer stated Staff has been working with the Parks and Recreation Commission to determine how to update the building. He showed a slide with a picture of the current building. Due to age and condition, it primarily serves as a warming house. There are also no rentals at the facility due to design and condition. Lotthammer showed an aerial view of the proposed building. They would use a similar footprint. There will be solar panels and a green roof incorporated into the design. He noted there will be good views of the lake from the building. Lotthammer stated there will still be a warming house, but it will be smaller than the current house. Also, there will be a rental space for up to 50 people, similar to that of Staring Lake. The Parks and Recreation Department is overwhelmed with the amount of requests for rentals. Lotthammer pointed out the bathrooms can be accessed from the inside or outside, and they can be locked from the inside or outside. Additionally, there are changing rooms and a family bathroom which are accessible. Lotthammer showed a slide with external renderings of the proposed building and then a slide from inside the community room facing the lake. He noted there were garage doors depicted in the rendering shown, but they do not want to go with that option due to energy efficiency issues. Lotthammer stated sustainability options include solar power, a green roof, water disbursement, high efficiency heating and cooling, and added upfront costs. Lotthammer stated the estimate was initially $1.25 million in the Capital Improvement Plan. The Staring Lake Building cost $1.4 million. However, based on the market and expansion in the building, the current estimate is $2.1 million. He noted the current building has been used for forty years, and the proposed building should be looked CITY COUNCIL MINUTES January 18, 2022 Page 9 at as a 30-year investment. Lotthammer stated they have been working on construction documents and concept plans. They hope to obtain big results and receive Council approval in March or April. From there, they could start construction in July after the Hometown Celebration. They hope they could have a grand opening in the Fall or early 2023. Toomey asked what will be planted on the green roof. Lotthammer stated it would be short grasses. Staff will likely recommend a tray system for easy replacement. Toomey asked if they could use clover or other bee-friendly plants. Lotthammer stated there will likely be various types of plants that don’t require mowing. Freiberg stated the presentation was great, and the building plans look beautiful. He stated the $2.1 million is pricy and asked if they could remodel the building instead of starting from scratch. Lotthammer stated there is a lot of block structure in the current building, and he does not know of a builder that would recommend building off the current building. Additionally, the bathrooms are barely handicap-accessible. He added the cost reflected the size of the building and the quality of the design. Also, there is something to be said about having a nice space to rent out. Lotthammer stated the Capital Improvement Plan is set up to do replacement. This project would have the ability to use Parks and Recreation cash fees to cover the project beyond what is allotted in the Capital Improvement Plan. Getschow stated the original number used was created two years ago, and they need to update the ten-year plan every two years. There has been a lot of development in Eden Prairie to counteract the high cost of building currently. They will update other estimates because they will have more funding due to the higher amount of development than expected. Narayanan stated the building is beautiful. Eden Prairie keeps on innovating. They are not removing any trees, there are solar panels, and there is a charging station. He stated he trusts Staff to get the best funding for the building. Narayanan asked if there would be any audio/visual capabilities. He asked if they considered having a fireplace in the rental room as that would be a benefit to winter rentals. Narayanan suggested the addition CITY COUNCIL MINUTES January 18, 2022 Page 10 of an outside grill for public use. Lotthammer stated there is a television screen in the rental room and a kitchenette available for use. There are a couple grills near the building. If a food truck wanted to use the area, there is room on the patio. People tend to think about building costs for houses, but the materials and accessibility features required for a public space is more expensive. Lotthammer added they plan to use durable materials from local entities. Lotthammer explained it is important to use high-quality materials as it must uphold through use by hundreds of residents, spray paint, or whatever else a public building may need. Nelson asked if there is room for food or vending machines, particularly in the warming house area. Lotthammer stated COVID-19 has put a hold on those options currently. However, they hope to put a refrigerator in the rental space and then a hot chocolate machine and a healthy vending machine in the warming area. Nelson asked how many electric car parking spaces there will be near the building. Lotthammer stated they have put two into the plan, and they hope to put more in near the skate park down the line. There is an opportunity to scale that out. He noted each charging location can charge two cars at once. 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: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 4-0. Acting Mayor Nelson adjourned the meeting at 8:00 p.m. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 8, 2022 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 Cigarette & Tobacco Products Shady Oak Gas Inc DBA: Shady Oak BP 11190 W 62nd Street Temporary Liquor Organization: Eden Prairie Noon Rotary Event: Pong Fest 2022 Date: March 5, 2022 Place: Eden Prairie Community Center 16700 Valley View Road Organization: City of Eden Prairie / EP Liquor Event: Wine & Beer Tasting Date: April 7, 2022 Place: Garden Room 8080 Mitchell Road Organization: City of Eden Prairie / EP Liquor Event: Wine & Beer Tasting Date: September 1, 2022 Place: Garden Room 8080 Mitchell Road Organization: City of Eden Prairie / EP Liquor Event: Wine & Beer Tasting Date: October 20, 2022 Place: Garden Room 8080 Mitchell Road Temporary Liquor Organization: City of Eden Prairie / EP Liquor Event: Wine & Beer Tasting Date: December 8, 2022 Place: Garden Room 8080 Mitchell Road 2021 Renewal Licenses Private Kennel Karl & Brenda Ness 15441 Village Woods Dr CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 8, 2022 DEPARTMENT / DIVISION: Scott Geber, Chief Fire Department ITEM DESCRIPTION: Second reading of an ordinance amending City Code Sections 5.72 and 9.11 relating to Rental Housing ITEM NO.: VIII.B. Requested Action Move to: Approve Second Reading of an Ordinance Amending City Code Chapter 5, Section 5.72 relating to Licensing of Rental Housing and City Code Chapter 9, Section 9.11, Relating to Rental Housing and Adopt Resolution Approving Summary Ordinance. Synopsis This ordinance amends City Code Sections 5.72 and 9.11, which relate to the licensing of rental housing in the City and the minimum building and maintenance standards that rental housing must meet. Background In 2006, the City Council adopted City Code Section 5.72, which implements a licensing scheme for rental housing in the City. Section 5.72 requires any dwelling containing one or more units for rent to obtain a license from the City and comply with certain maintenance standards, which are found in state law and City Code Section 9.11. The Eden Prairie Fire Department is responsible for the licensing and inspection of rental housing in accordance with these Code sections. The proposed ordinance makes mainly procedural amendments to Section 5.72 to clarify the process for application, renewal, and suspension or revocation of a rental license. These new procedural provisions are consistent with revisions made in recent years to other licensing sections found in Chapter 5. The revisions will provide clarity and consistency both for staff in administering the licensing requirements and for prospective and current license applicants. The ordinance also specifies that Section 5.72’s licensing requirement applies to both long-term rentals (30 or more days) and short-term rentals (less than 30 days). The proposed ordinance also amends Section 9.11, which contains minimum building and maintenance standards for rental housing. Among other minor, non-substantive revisions, the ordinance: (1) deletes apartment buildings from the types of rental dwellings that are subject to its requirements, as hotels are inspected and licensed by the state and not the City; (2) deletes or amends certain specific building and maintenance requirements to align with current practices and standards; and (3) clarifies the enforcement and appeal process. Attachments • Ordinance • Summary of Ordinance • Resolution Approving Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5, SECTION 5.72 RELATING TO LICENSING OF RENTAL HOUSING AND CITY CODE CHAPTER 9, SECTION 9.11, RELATING TO RENTAL HOUSING; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99 AND 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Chapter 5, Section 5.72 of the City Code is hereby deleted in its entirety and replaced with the following: SECTION 5.72. LICENSING OF RENTAL HOUSING. Subd. 1. Purpose. It is the purpose of this ordinance to protect the public health, safety, and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge to another by adopting licensing regulations for all rental dwellings in the City. Subd. 2. Definitions. Administrative Authority means the Fire Chief, Building Official, or their designee. Dwelling means any building which is designed or used exclusively for residential purposes by one (1) or more people, not including hotels, motels, hospitals, nursing homes, or licensed care facilities. Dwelling Unit means single unit situated within a rental dwelling providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. Operate means to charge a rental charge or other form of compensation for the use of a dwelling unit in a dwelling. Rental Dwelling means any dwelling with one or more dwelling units or sleeping units used or intended to be used for short-term or long-term rental. Long Term means thirty (30) or more days. Short Term means less than thirty (30) days. Sleeping Unit means a habitable space in a dwelling designed, used, or intended to be used or occupied for sleeping purposes only. Subd. 3. License Required. No person may operate a short-term or long-term rental dwelling within the City without first having obtained a license from the City pursuant to this section. Subd. 4. License Applications. A. Application. Applications for licenses must be completed on forms provided by the City. All questions asked or information required by the application forms must be answered fully and completely by the applicant. B. False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application. Any false statement in such application or any willful omission to state any information called for on such application will, upon discovery of such falsehood, be grounds for denial or, if already issued, for revocation of the license. C. License Fee. Upon submission of the application, applicants for a license under this section must pay a license fee to the City in an amount fixed and determined by the Council, which amount may be amended by the Council from time to time. D. Inspection of Rental Dwelling. No license will be issued under this section until the Administrative Authority has performed an inspection of the rental dwelling proposed to be licensed and confirmed that the rental dwelling is in compliance with the requirements of Section 9.11, State Building and Fire Codes, and all other applicable provisions of the City Code and state law. Failure of an applicant to allow an inspection is grounds for denial of a license. If the Administrative Authority determines, in his or her sole discretion, that an inspection before license issuance is not feasible, the license will be issued upon the condition that the inspection occur and compliance confirmed within a specified timeframe after issuance. E. Issuance of License. After the information on the application has been verified to be correct and the inspection completed and compliance confirmed pursuant to subsection D above, the Administrative Authority will endorse the application for issuance or denial. 1. Issuance. Upon the Administrative Authority’s endorsement of their approval of an application, the City will issue and mail a license certificate to the applicant at the address noted on the application. 2. Denial. The Administrative Authority may deny a license for failure to allow an inspection or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 7. A denial of an application will be communicated in writing to the applicant, including findings supporting the decision. The notice of denial will be sent by email and U.S. mail to the applicant at the address listed on the application. An applicant may appeal a denial by submitting a hearing request to the Administrative Authority within ten (10) days of the date of the notice of denial. If a hearing request is not received by the Administrative Authority within ten (10) days of the date contained in the notice, the applicant's right to a hearing will be deemed waived. If timely requested, the hearing will be held in accordance with the procedures set forth in Subdivision 7.B.2 and 7.B.3 of this section. F. Term of License. Licenses issued under this section will expire on January 31 of each year. G. Renewal of License. A license must be renewed annually prior to the expiration date. The owner of a rental dwelling or its operator or agent may apply for renewal by completing the form provided by the City and returning the completed form by the date specified on the form together with the required license fee to the Administrative Authority. After the information on the renewal application has been verified as correct by the City, a renewal application for a license under this section will be presented to the Administrative Authority for issuance or denial in accordance with the procedures set forth in subsection E above. H. Change of Information. A licensee must promptly notify the City of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued. Failure to comply with this subsection is cause for suspension or revocation of the license. Subd. 5. Conditions, Restrictions, and Regulations. A. Compliance with Law. A license is subject to the conditions, restrictions, and regulations in this section, all other provisions of City Code, and all provisions of other applicable federal, state, and local laws, regulations, and ordinances. B. Posting. Every licensee of a rental dwelling shall place the license in a protected covering and conspicuously post the license in a public corridor, hallway, or lobby of the rental dwelling for which the license was issued. C. Maintenance Standards. Every rental dwelling must maintain the standards specified in City Code Section 9.11 in addition to any other requirements of the City Code, special permits issued by the City, or the laws of the State of Minnesota. D. Inspections. Each licensed rental dwelling is at all times subject to the Administrative Authority’s right to inspect the affected rental dwelling pursuant to City Code Section 9.11. Subd. 6. Conduct on Licensed Premises; Disorderly Use Violations. A. It is the responsibility of the rental license holder to take appropriate action to prevent conduct by tenants or their guests on the licensed premises which is deemed to be disorderly (hereinafter referred to as a "Disorderly Use Violation"). Any violation of the following statues or ordinances is a Disorderly Use Violation under this section: 1. Minnesota Statutes, Sections 609.75 through 609.76, which prohibit gambling; 2. Minnesota Statutes, Sections 609.321 through 609.324, which prohibits prostitution and acts relating thereto; 3. Minnesota Statutes, Sections 152.01 through 152.025, and Section 152.027, Subdivisions 1 and 2, which prohibit the unlawful sale or possession of controlled substances; 4. Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale of alcoholic beverages; 5. Minnesota Statutes, Section 609.72, and Chapter 9, Section 9.30 of this Code, which prohibits disorderly conduct when the violation disturbs the peace and quiet of the occupants of at least one unit on the licensed premises or other premises, other than the unit occupied by the person(s) committing the violation; 6. Minnesota Statutes, Sections 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716 which prohibit the unlawful possession, transportation, sale or use of a weapon. B. Upon determination by the Administrative Authority, in their sole discretion, that a Disorderly Use Violation occurred on the licensed premises the City will notify the licensee by regular mail of the violation at the licensee’s most recent address on file with the City. The licensee must take appropriate action to prevent further violations. C. If a second Disorderly Use Violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant within twelve (12) months of an incident for which the notice in Subdivision 6.B above was given, the City will notify the licensee by regular mail of the violation at the licensee’s most recent address on file with the City and require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent disorderly use of the premises. This written report must be submitted to the City within ten (10) business days of the date of the notice. D. If a third Disorderly Use Violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant within twelve (12) months after the second of any two (2) previous Disorderly Use Violations for which notices were sent to the licensee pursuant to this subdivision, the license for the rental dwelling or for the unit associated with the violations may be suspended pursuant to the process described subdivision 7 of this section. The initial suspension may be for up to sixty (60) days. If another Disorderly Use Violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant within twelve (12) months after the end of a suspension period, the City may suspend the rental dwelling license for the unit occupied by the involved tenant for up to one hundred twenty (120) days. E. It will not be considered Disorderly Use Violation if the tenant is evicted or voluntarily vacates the licensed premises within two (2) full calendar months after the determination by the Administrative Authority that disorderly use has occurred and notice of the determination has been sent to the licensee. F. If the license of more than one rental dwelling unit in a dwelling that contains more than one dwelling unit is suspended within twelve (12) months for Disorderly Use Violations as described above, the period of suspension as described in subsection D above for the second and subsequent dwelling units that are suspended may be doubled. Subd. 7. Suspension or Revocation. A. Grounds for Suspension or Revocation. The City may suspend or revoke a license issued under this section. The following are grounds for suspension or revocation of a license: 1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application; 2. Failure to comply with this section, other City ordinances, or state law; 3. Failure to permit an inspection of the rental dwelling as required by this section. 4. Disorderly Use Violations as described in and in accordance with the provisions of subdivision 6 of this section. B. Procedure. 1. Notice. A suspension or revocation will be preceded by written notice from the Administrative Authority to the licensee and an opportunity for a hearing. The notice will state the nature of the violation(s) or grounds for suspension or revocation and will inform the licensee of the licensee's right to request a hearing within ten (10) days of the date contained in the notice to dispute the suspension or revocation. The notice will be mailed by regular mail to the licensee at the most recent address of the licensee on file with the City. If a hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee’s right to a hearing will be deemed waived. No suspension or revocation of a license under this section will take effect until (a) the licensee's time to request a hearing expires; or (b) if a hearing is requested, after the licensee is informed of the decision of the City Manager. 2. Hearing. If a hearing is requested, the Administrative Authority will provide written notice to the licensee of the date, time, and place of the hearing. The notice will be served in the same manner as the initial notice. The notice must be served no less than fifteen (15) day and no more than thirty (30) days prior to the hearing. The hearing will held by an impartial hearing officer appointed by the Fire Chief or their designee. Upon conclusion of the hearing, the hearing officer must, within ten (10) days, make their recommendation to the City Manager in writing. If the hearing officer's recommendation is denial of the license application or suspension or revocation of the license, they must include in the written recommendation findings and conclusions supporting the decision. 3. Decision. Within thirty (30) days of receipt of the hearing officer's written recommendation, the City Manager will make a decision on whether the license shall be denied, renewal, suspended or revoked. The City Manager must inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten (10) days. 4. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this section. The City Council may, on its own motion, determine to review the decision of the City Manager. C. Upon suspension of a license, the occupants of the rental dwelling under suspension must vacate the premises until the license is reinstated by the City. It is the responsibility of the licensee to provide accommodations until such a time that the license is reinstated upon the terms and conditions specified by the City. Subd. 8. Summary Action. When the Administrative Authority determines, in their sole discretion, that the condition of a licensed rental dwelling or any portion thereof is detrimental to the public health, safety and general welfare so as to constitute a public nuisance, fire hazard, or other unsafe or dangerous condition giving rise to an emergency, the Administrative Authority may summarily condemn or close off such area of the rental dwelling. Any person aggrieved by a decision of the Administrative Authority to summarily condemn or close off a rental dwelling as described above may appeal such decision by sending a written hearing request to the Administrative Authority. The appeal will be heard and considered in accordance with the process described in subdivision 7 of this section, provided that the City will make every effort to expedite the process if possible. Subd. 9. Violation a Misdemeanor. A person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of an act constituting a violation of this section, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, permits, or directs another to violate a provision of this section is guilty of a misdemeanor. Section 2. Chapter 9, Section 9.11 of the City Code is hereby deleted in its entirety and replaced with the following: SECTION 9.11. RENTAL HOUSING. Subd. 1. Purpose. The purpose of this section is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the use and occupancy, construction and maintenance of all residential rental buildings and structures within the City. The provisions contained herein are in addition to other applicable provisions of the City Code and not in lieu thereof. Any provisions contained herein which are inconsistent or in conflict with any other provision of the City Code shall supersede such other provisions. Subd. 2. Scope. The provisions of this section shall apply to all rental buildings. Where any building or portion thereof is used or intended to be used as a combination apartment house- hotel, the provisions of this section shall apply to the separate portions as if they were separate buildings. Subd. 3. Enforcement. A. Authority. The Administrative Authority is hereby authorized and directed to enforce all of the provisions of this section. B. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this section, or whenever the Administrative Authority or an authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Administrative Authority or an authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Administrative Authority by this section. If such building or premises is occupied, the Administrative Authority or representative shall first present proper credentials and request entry; if such building or premises is unoccupied, a reasonable effort shall be made to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Administrative Authority or representative shall have recourse to every remedy provided by law to secure entry. C. Substandard Buildings. All rental buildings or portions thereof which are determined to be substandard as defined in this section constitute a violation of this section and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Subdivision 10 of this section. D. Modifications. Whenever there are practical difficulties involved in carrying out the provision of this section, the Administrative Authority may grant modifications for individual cases, provided that the modification is in conformity with the intent and purpose of this section and that such modification does not reduce the level of any fire-protection requirements or structural integrity. The details of any action granting modifications shall be recorded and entered in the files of the Administrative Authority. E. Building Code Board of Appeals. Appeals of orders, decisions or determinations made by the Administrative Authority relative to the application and interpretation of this section shall be heard and decided by the Building Code Board of Appeals. The procedures for review or appeal shall be those set forth in Subdivision 12 of this section. F. Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, rent or let to another, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this section. Subd. 4. Definitions. For the purpose of this section, certain terms, phrases, words and their derivatives shall be construed as specified in either this section or as specified in the Uniform Building Code. Administrative Authority is the Fire Chief, the Fire Code Official, or their designees. Apartment house is any rental building which is intended or designed to be occupied or which is occupied as the home or residence of three (3) or more families living independently in separate dwelling units . Building Code is the Minnesota State Building Code adopted by the City under City Code Section 9.05. Dwelling is any rental building that is a single-family home or a duplex. Dwelling unit is a single unit situated within a rental building providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. Efficiency dwelling unit is a dwelling unit containing only one (1) habitable room and meeting the requirements of Section 1207 of the Building Code. Family is an individual or two (2) or more persons related by blood, marriage or adoption, including foster children and bona fide domestic employees employed on a full-time basis. Guest room is a habitable space in a rental building designed or intended to be used or occupied or which is used for sleeping purposes by guests. Habitable space is a space or room in a rental building for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space. Hot water is water supplied to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit. Rental building is any building or structure or portion thereof used, designed, or intended to be used for human habitation and for which use the owner receives, is entitled to receive or will receive consideration in the form of money, goods, labor, or otherwise. Consideration does not include compensation received by a family member from another family member living in the same dwelling unit. Hotels, motels, and dormitories are not rental buildings for purposes of this section. Subd. 5. Space and Occupancy Standards. A. Light and Ventilation. 1. Each habitable space in a rental building shall be provided with: a. Natural light by means of exterior glazed openings with an area not less than one- tenth (⅒) of the floor area of such rooms with a minimum of ten (10) square feet, and b. Natural ventilation by means of openable exterior openings with an area of not less than one-twentieth (1/20) of the floor area of such rooms with a minimum of five (5) square feet. 2. Bathrooms, toilet compartments, laundry rooms and similar rooms within a rental building shall be provided with natural ventilation by means of openable exterior openings having an area not less than one-twentieth (1/20) of the floor area of such rooms with a minimum of one and one-half (1½) square feet. 3. Exterior glazed openings required for natural light and exterior openings required for ventilation shall open directly to the outside. Windows may open into a roofed porch where the porch: a. Abuts a street, yard, or court; and b. Has a ceiling height of not less than seven (7) feet; and c. Has the longer side at least sixty-five percent (65%) open and unobstructed. 4. For the purpose of determining light and ventilation requirements, any habitable space may be considered as a portion of an adjoining habitable space when one-half (½) of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth ( ⅒) of the floor area of the interior room or twenty-five (25) square feet, whichever is greater. 5. Mechanical Ventilation. In lieu of exterior openings for natural ventilation, a mechanical ventilation system connected directly to the outside may be provided in compliance with the following: a. Such system shall be capable of providing two (2) air changes per hour for each room in habitable space. One-fifth (⅕) of the air supply shall be taken from the outside. b. In bathrooms, toilet compartments, laundry rooms and similar rooms, the mechanical ventilation system must be capable of providing five (5) air changes per hour. B. Sanitation. 1. Dwelling Units and Lodging Houses. Every dwelling unit and every lodging house must include a bathroom equipped with facilities consisting of a toilet, sink, and either a bathtub or shower. 2. Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen sink. Wooden sinks or sinks of similarly absorbent material shall not be permitted. 3. Fixtures. All plumbing fixtures in rental buildings shall be connected to a sanitary sewer or to an approved private sewage disposal system. Said plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation. Said plumbing fixtures shall be of an approved glazed earthenware type or of a similarly nonabsorbent material. 4. Room Separations. Every toilet, bathtub or shower required by this section shall be installed in a room which will afford privacy to the occupant. A room in which a toilet is located shall be separated from food preparation or storage rooms by a tight-fitting door. 5. Waste Disposal. Each rental building shall be provided with adequate access to disposal facilities for trash and other waste. 6. Premises Identification. Each rental building shall have approved address numbers, placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background and numbers shall be a minimum of four (4) inches high. C. Owner Responsibilities. 1. Owners of rental buildings shall construct and maintain said buildings in accordance with the requirements of this section. 2. Owners must ensure that their rental buildings are kept in a clean and sanitary condition. 3. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any rental building by placing thereon any marking, carving, or graffiti. It shall be the responsibility of the owner to restore said surface to an approved professional state of maintenance and repair. 4. No person shall let to another for occupancy or occupy any rental building or dwelling unit which does not comply with the applicable fire prevention provisions. Subd. 6. Mechanical Requirements. A. Heating. Each rental building shall be provided with heating facilities capable of maintaining a room temperature of sixty-eight (68) degrees Fahrenheit. in each habitable space at a point three (3) feet above the floor. Said facilities shall be installed and maintained in a functional and safe condition. Heat shall be supplied during the period of September 15 to May 15. Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity. B. Electrical. Where there is electrical power available within three hundred (300) feet of any rental building, said rental building shall be connected to such electrical power. Every habitable room shall contain at least two (2) electrical convenience outlets or one (1) convenience outlet and one (1) electric light fixture. Every toilet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one (1) electric light fixture. C. Ventilation. Where mechanical ventilation is provided in lieu of the natural ventilation required by Subdivision 6 of this section, such mechanical ventilating system shall be maintained in operation at all times during the occupancy of any rental building or portion thereof. Ventilation systems in parking garages under apartment houses shall be installed in conformance with the Building Code and maintained and operated as installed. The entire ventilation system must be maintained in proper working order at all times. Subd. 7. Building Interior. A. Interior Surfaces. Interior surfaces, including but not limited to windows and doors, must be maintained in good, clean and sanitary condition. Cracked or loose plaster, decayed wood, and other defective surfaces must be corrected. B. Interior Doors. Every interior door shall fit reasonably within its frame and shall be capable of being opened and closed by being properly attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. C. Handrails and Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally applied loads and shall be maintained in good condition in conformance with the code under which it was constructed. D. Stairs and Walking Surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Subd. 8. Exits. Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. Every guest room and habitable space intended for use as or used for sleeping shall have at least one (1) operable window or exterior door approved for emergency escape or rescue. Such doors or windows shall be operable from the inside to provide a full, clear opening without the use of separate tools. Subd. 9. Smoke Detectors. Existing Group R occupancies not already equipped with single station smoke alarms shall be equipped with approved single station smoke alarms. Smoke detectors shall be installed on each floor of residential buildings in accordance with the City’s Fire Prevention Policy. Smoke Alarms shall be maintained in an operative condition at all times and shall be replaced or repaired when defective. Subd. 10. Substandard Buildings. A. General. Any rental building or portion thereof, including any dwelling unit, guest room or suite of rooms, common area, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard rental building in violation of this section. B. Inadequate Light and Ventilation. Inadequate light and ventilation includes but is not limited to the following: 1. Lack of, or improper operation of, required ventilating equipment in a rental building. 2. Lack of minimum amounts of natural light and ventilation required by this section. 3. Lack of required electrical lighting in a rental building. C. Inadequate Sanitation. Inadequate sanitation includes, but is not limited to the following: 1. Lack of, or non-functioning, toilet, sink, bathtub or shower in the bathroom of a dwelling unit or lodging house. 2. Lack of, or non-functioning, kitchen sink in a dwelling unit. 3. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. 4. Lack of adequate heating facilities in a rental building. 5. Lack of connection to required sewage disposal system. 6. Lack of adequate garbage and rubbish storage and removal facilities as determined by the Administrative Authority. D. Structural Hazards. Structural hazards include, but are not limited to, the following: 1. Deteriorated or inadequate foundations. 2. Defective or deteriorated flooring or floor supports. 3. Flooring or floor supports of insufficient size to safely carry imposed loads. 4. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration. 5. Members of walls, partitions or other vertical supports that are of insufficient size to safely carry imposed loads. 6. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split or buckle due to defective material or deterioration. 7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to safely carry imposed loads. 8. Fireplaces or chimneys which list, bulge or settle, due to defective material or deterioration. 9. Fireplaces or chimneys that are of insufficient size or strength to safely carry imposed loads. E. Hazardous Electrical Wiring. Electrical wiring hazards include, but are not limited to, electrical wiring that was installed in violation of laws in effect at the time of installation; electrical wiring not installed in accordance with generally accepted construction practices in areas where no laws were in effect; or electrical wiring that has not been maintained in good condition or that is not being used in a safe manner. F. Hazardous Plumbing. Hazardous plumbing includes, but is not limited to, plumbing that was installed in violation of laws in effect at the time of installation; plumbing not installed in accordance with generally accepted construction practices in areas where no laws were in effect; or plumbing that has not been maintained in good condition or that is not free of cross-connections or siphonage between fixtures. G. Hazardous Mechanical Equipment. Hazardous mechanical equipment includes, but is not limited to, mechanical equipment that does not comply with the mechanical requirements of this section; mechanical equipment that was installed in violation of laws in effect at the time of installation; mechanical equipment not installed in accordance with generally accepted construction practices in areas where no laws were in effect; or mechanical equipment that has not been maintained in good and safe condition. H. Faulty Weather Protection. Faulty weather protection includes, but is not limited to the following: 1. Deteriorated, crumbling or loose plaster. 2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. 3. Defective or insufficient weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. 4. Broken, rotted, split or buckled exterior wall coverings or roof coverings. I. Faulty Materials of Construction. Faulty materials or construction include, but are not limited to, all materials of construction except those that are specifically allowed or approved under the applicable laws and that have been adequately maintained in good and safe condition. J. Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies. Subd. 11. Notices and Orders of Administrative Authority. A. Notice. Whenever the Administrative Authority determines that a rental building is a substandard building, or that any other violation exists under this section, or that there are reasonable grounds to believe that a violation exists, notice shall be given to the person or persons responsible or believed to be responsible for the violation. Such notice shall: 1. Be in writing. 2. Include a description of the property sufficient for identification. 3. Describe the conditions found to constitute the violation. 4. Specify the remedial action required. 5. Require that any permits necessary to effectuate remedial action be secured and the work physically commenced and completed within such time as the Administrative Authority determines is reasonable under the circumstances. B. Emergency Orders. Whenever the Administrative Authority finds that an emergency exists in relation to the enforcement of the provisions of this section which requires immediate action to protect the health, safety or welfare of occupants of any rental building, the Administrative Authority may issue an order reciting the existence of such emergency and requiring that such action be taken as deemed necessary to meet the emergency, notwithstanding any other provision of this section. When any such emergency is declared to exist, the Administrative Authority must immediately report the same in writing to the City Council. Subd. 12. Appeal. A. Right to Appeal. Any person to whom a notice and order is given under this section may appeal the notice and order to the Building Code Board of Appeals. B. Procedure. Appeal shall be made to the Administrative Authority within fifteen (15) days after the notice and order is served. The appeal shall be made in writing and contain a brief statement of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. C. Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the Administrative Authority shall fix a date, time and place for hearing of the appeal by the Building Code Board of Appeals. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the Board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. D. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of the right to an administrative hearing and administrative adjudication of the notice and order or to any portion thereof. Subd. 13. Enforcement of the Order of the Administrative Authority or the Building Code Board of Appeals. A. Compliance. After any order of the building official or Building Code Board of Appeals made pursuant to this section shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. B. Failure to Obey Order. If, after any order of the Administrative Authority or Building Code Board of Appeals made pursuant to this section has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Administrative Authority may (1) cause such person to be prosecuted under subsection A of this subdivision 13 or (2) commence an appropriate action in district court. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation,” Section 5.99 entitled “Violation a Misdemeanor,” and Section 9.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of January, 2022 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 8th day of February, 2022. ____________________________ ______________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on February 17, 2022. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 5, SECTION 5.72 RELATING TO LICENSING OF RENTAL HOUSING AND CITY CODE CHAPTER 9, SECTION 9.11, RELATING TO RENTAL HOUSING; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99 AND 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends City Code Sections 5.72 to revise and update the procedural requirements for the licensing of rental housing in the City. The ordinance also amends City Code Section 9.11 to revise and update provisions regarding minimum building and maintenance standards applicable to rental housing in the City. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ ________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on February 17, 2022. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ____ AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. ______ was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 8th day of February, 2022. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. ______ is lengthy. B. The text of summary of Ordinance No. _________, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _______ shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on February 8, 2022. ___________________________ Ronald A. Case, Mayor ATTEST: ________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 8, 2022 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Beth Novak-Krebs ITEM DESCRIPTION: Amendments to City Code Chapter 11 relating to the Sign Code ITEM NO.: VIII.C. Requested Action Move to: • Approve the 2nd Reading of the Ordinance to Amend City Code Chapter 11 relating to the Sign Code. Synopsis This is the second reading of the ordinance amending City Code Chapter 11 relating to the Sign Code. The proposed code amendments include the removal of all content-based references to make the sign code content neutral so that it in compliance with the federal ruling. The amendments also include some housekeeping items to clarify portions of the code to provide for consistency in application and enforcement of the code. The changes are not changes in policy or practice from the current regulations. Attachments 1. Ordinance Amending Section 11.70 2. Summary of Ordinance 3. Resolution Approving Summary of Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, SECTION 11.70 RELATING TO SIGN REGULATIONS; 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. Chapter 11, Section 11.70 of the City Code is hereby deleted in its entirety and replaced with the following: SECTION 11.70. SIGN REGULATIONS. Subd. 1. Purpose and Intent. The purpose of this section is to regulate the number, location, height, size, type, illumination, and other physical characteristics of signs within the City to protect and promote the general welfare, health, safety, and order within the City through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the erection, use and/or display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public right-of-way or private properties. The provisions of this section are intended to encourage creativity, provide a reasonable degree of freedom of choice, provide an opportunity for effective communication, manage and mitigate the aesthetic impact of signage, protect pedestrians and motorists from damage or injury caused by distractions, obstructions, and hazards created by signs, and encourage a sense of concern for visual amenities on the part of those designing, displaying, or otherwise utilizing needed communicative media of the types regulated by this section; while at the same time assuring that the public is not endangered, annoyed, or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities. Subd. 2. Message Substitution. The owner of any sign that is otherwise allowed under this section may substitute non-commercial speech in lieu of any other commercial or non-commercial speech. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. This provision does not create a right to increase the total amount of signage on a parcel or allow the substitution of an off-premises commercial message in place of an on-premises commercial message. Subd. 3. Definitions. The following terms, as used in this section, shall have the meanings stated: Banners and Pennants means attention-getting devices which resemble flags. Canopy and Marquee means a roof-like structure projecting over the entrance to a building. Commercial Speech means speech or graphics advertising a business, profession, commodity, service, or entertainment. City Entry Monument Sign means a monument sign, including associated decorative elements, erected by the City to denote entrances into the City. Drive-Thru Lane Sign means any sign located along a drive-thru lane. Dynamic Display means a sign or characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Flag means any fabric or similar lightweight material that is attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and that contains distinctive colors, patterns, symbols, insignias, or other symbolic devices. Free-Standing Sign means a pylon or monument sign which is placed in the ground and not affixed to any part of any structure. Height means the distance between the uppermost portion of the sign and the average natural grade of the ground immediately below the sign. Illuminated Sign means any sign which is illuminated by an artificial light source. Multi-tenant means structures containing two (2) or more businesses, uses, or occupants. Non-Commercial Speech means dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service, and informational topics. Non-Conforming Sign means a sign which lawfully existed immediately prior to the adoption or amendment of this section, but does not conform to the newly enacted requirements of this section. Off-Premises Sign means a commercial sign identifying or advertising an establishment, person, activity, goods, products, or services offered at a location not on the same lot where such sign is located. For purposes of this definition, easements and other appurtenances will be considered to be outside such lot and any sign located or proposed to be located on an easement or other appurtenance will be considered an off-premises sign. On-Premises Sign means a commercial sign identifying or advertising an establishment, person, activity, goods, products, or services located on the premises where the sign is installed. Owner means, in the case of a lot or parcel, the legal or equitable owner of the lot or parcel as officially recorded with the county, and including fee owners, contract for deed purchasers, and ground lessees. The term “owner” means, in the case of a sign, the owner of the sign, including a lessee. Parapet Wall means an architecturally, structurally, and aesthetically integral wall extending above the roof level, continuously around the perimeter of the building which has the primary purpose of screening mechanical equipment. Permanent Sign means any sign which is not a temporary sign. Portable Sign means a sign designed to be movable from one (1) location to another which is not permanently attached to the ground or any structure. Projecting Sign means any sign attached to a building, all or part of which extends more than twelve (12) inches over public property, easements, or private pedestrian space, or which extends more than twelve (12) inches beyond the surface of the portion of the building to which it is attached or beyond the building line. Roof Sign means any sign erected upon or projecting above the roof of a structure to which it is affixed except signs erected below the top (the cap) of a parapet wall. Shielded Light Source means a light source for which all light elements will be diffused or directed to eliminate glare and housed to prevent damage or danger. Sign means any letter, word, symbol, device, poster, picture, reading matter, or representation in the nature of advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed, including all associated brackets, braces, supports, wires, and structures that is displayed for informational or communicative purposes. Sign Area means that area that is included in the smallest rectangle which can be made to circumscribe the sign. The maximum sign area for a free-standing sign refers to a single face and does not include vertical structural members below the sign face or the sign base. Sign Base means any supportive structure below or surrounding the sign area that is located on the ground. Street Frontage means the portion of a lot or parcel of land abutting one (1) or more streets. For purposes of this definition, an interior lot has one (1) street frontage, and a corner lot has two (2) street frontages. Temporary Sign means a sign that is erected or displayed for a limited period of time. Traffic Sign means a sign that is erected by a governmental unit for the purpose of regulating, directing, or guiding traffic. Wall Area means the area of a wall of a building and is computed by multiplying the distance from the floor to the roof times the visible continuous width including windows and doors of the space occupied by the sign owner. Wall Sign means any sign that is affixed flat to a wall of any building. Window Sign means any sign designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. Yard Sign means any sign that is made of lightweight materials, such as cardboard, vinyl, or plastic pressboard, which are supported by a frame, pole or other structure and placed directly in the ground. Subd. 4. General Provisions Applicable to All Districts. A. No sign may be constructed or installed within the City except as permitted by and in compliance with the provisions of this section and with other applicable zoning or building provisions of this Code. B. Prohibitions. The following are prohibited in all districts, unless otherwise expressly permitted by this section: 1. Off-premises signs, except temporary off-premises signs as permitted by subsections G and H of this subdivision 4. 2. Roof signs. 3. Inflated devices, banners, pennants, and whirling devices. 4. Portable signs 5. Projecting signs. C. All signs must be constructed, installed, and maintained in a safe and non-deteriorating manner. Cracked, broken, or bent glass, plastic, wood or metal and burnt-out light bulbs and peeling, faded, or cracked paint must be immediately repaired, replaced, or removed. D. No sign may be permanently or temporarily placed on or within any public right-of-way or other public property, except traffic signs, other signs pertaining to traffic control or safety, and city entry monument signs. E. Notwithstanding any other provisions of this section, all non-commercial signs of any size containing may be posted forty-six (46) days before the state primary in a state general election year until ten (10) days following the state general election in any general election year and thirteen (13) weeks prior to any special election until ten (10) days following the special election. F. One (1) temporary, on-premises, free-standing sign may be installed upon any construction site in any district, provided such sign does not exceed thirty-two (32) square feet in area and ten (10) feet in height. Such signs must be removed upon completion of construction, or the occupancy of the building being constructed, whichever occurs first. G. Temporary Signs. 1. For the purposes of this Subdivision 4.G. “project” is defined as land a. Encompassed within a plat or a Registered Land Survey approved by the Council within which two (2) or more dwellings are permitted in accordance with City Code; or b. For which approval has been given by the Council of a Site Plan and Architectural Design pursuant to Section 11.03, Subdivision 6 within which two (2) or more dwellings are permitted in accordance with such approval. For purposes of this subdivision 4.G, no further or subsequent subdivision, platting, replatting, Registered Land Survey, or Site Plan and Architectural Design approval or filing relating to land encompassed within a project will operate to create an additional project or projects within that land or any part thereof. 2. Temporary on-premises free-standing signs may be erected within a project, provided: a. A sign may not exceed thirty-two (32) square feet in area. b. Not more than one (1) sign for a project may be erected. c. All signs must be removed upon the earlier of eighty percent (80%) completion of construction, sale or lease of the dwellings within the project, or two (2) years from issuance of the first permit for the construction of a dwelling or dwellings within the project. 3. Temporary off-premises signs may be erected in accordance with the following limitations: a. Not more than the following number of signs may be erected for projects containing the following number of acres or dwelling units, whichever is greater: Number of Acres or Dwellings in a Project (whichever is greater) Number of Signs 2—10 6 11 or more 12 b. Signs may be erected for no more than sixty (60) days per calendar year. All signs must be removed upon the earlier of eighty percent (80%) completion of construction, sale or lease of the dwellings within the project, or two (2) years from issuance of the first permit for the construction of a dwelling or dwellings within the project. c. Signs may not exceed six (6) square feet in size nor extend higher than four (4) feet above the ground. d. Signs may be placed on land only with the land owner’s permission. Signs may not be placed within or on a public right-of-way, sidewalk or trail, and must not interfere with traffic visibility. e. Only one (1) sign per project may be installed upon a lot or parcel of record. f. Each sign must include the name and telephone number of the owner of the sign. g. Signs may not be placed more than two (2) miles from the project. H. Temporary Single Property Signs. 1. For purposes of this subdivision 4.H, a “single property” is defined as: (a) a single lot or parcel of record with or without one (1) or more buildings erected thereon; or (b) an individual condominium unit. A lot or parcel of record within a project as defined in Subdivision 4.H does not constitute a single property with respect to the first sale of each building or condominium unit situated on the lot or parcel of record, but will be deemed a single property with respect to sales, after the first sale of each such building or condominium unit thereon. 2. Temporary, on-premises, free-standing signs may be erected on a single property, in accordance with the following limitations: a. A sign may not exceed: (1) Six (6) square feet for a single property that meets at least one of the following criteria: (A) on which is situated a dwelling; (B) which is vacant and located within the One-Family Residential or the Rural District; or (C) on which a structure or structures situated thereon are ninety percent (90%) or more, but less than one hundred percent (100%), occupied (as measured by floor area). (2) Thirty-two (32) square feet for a single property (other than a single property described in (1)): (A) on which a structure or structures situated thereon are less than ninety percent (90%) occupied (as measured by floor area); or (B) is vacant. b. Not more than one (1) sign for a single property may be erected. c. A sign must be removed within seven (7) days following the lease or sale of the single property. 3. Temporary off-premises signs may be erected in accordance with the following limitations: a. No more than two (2) off-premises signs may be erected for a single property. b. Signs may be erected for a period not to exceed 4 days c. Signs may not exceed six (6) square feet in size and may not be higher than four (4) feet above the ground. d. Signs may be placed on land only with the owner’s permission. Signs may not be placed within a public right-of-way, sidewalk or trail, and must not interfere with traffic visibility. e. Only one (1) sign for a single property may be installed upon any lot or parcel of record. f. Each sign must include the name and telephone number of the owner of the sign. g. Signs may not be placed more than two (2) miles from the single property. h. A sign must be removed within seven (7) days following the lease or sale of the single property. I. Flags may be displayed in any district. Flags may be up to one hundred (100) square feet in size, which will be in addition to the permitted sign area otherwise allowed for the district. Flag pole height must comply with height regulations contained in Section 11.03, Subdivision 3.F. J. Canopies, marquees and parapet walls are considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, marquee, or parapet wall, but such structures will not be considered as part of the wall area, and thus will not warrant additional sign area. K. Signs that are located on the interior of a building and are not visible from outside of the building are exempt from the provisions of this section, and are not subject to any permitting or fee requirements. L. No sign may be attached to any tree, vegetation, or utility pole. M. Sign Removal. When any sign or any portion of a sign is removed by the sign owner or property owner, or by the City at the direction of the City Manager or their designee, all structural and electrical elements, members, including all brackets, braces, supports, wires, etc. necessary for the sign or the portion of the sign being removed must also be removed. The owner of the property and the owner of the sign will be jointly and severally responsible for sign removal, including the costs of removal if removed by the City. N. The sign base may not exceed one-half (½) the maximum sign size permitted in the zoning district. O. No more than thirty-two (32) square feet of signage per drive-thru lane is permitted. No single sign may exceed eight (8) feet in height. Such signage is permitted in addition to the district’s permitted sign area. P. Where temporary outdoor display areas are permitted by Section 11.03, one (1) temporary on-premises sign not to exceed thirty-two (32) square feet in area and six (6) feet in height may be located on the same site as the temporary outdoor display area for sixty (60) days or less. The sign may not appear before the commencement of the temporary outdoor display area and must be removed concurrently with the temporary outdoor display area. Q. Illuminated signs must be shielded with a translucent material of sufficient opacity to prevent the visibility of the light source. Indirect light sources must be equipped with a housing and directional vanes. The lights must not be permitted to interfere with traffic signalization. R. A permit for a sign to be located within fifty (50) feet of any public right-of-way or highway regulatory or warning sign, traffic sign or signal, or crossroad or crosswalk, will be issued only if the City determines, in its sole discretion, that: 1. The sign will not interfere with the ability of drivers and pedestrians to see the public right-of-way, traffic sign or signal, or crossroad or crosswalk; 2. The sign will not distract drivers or result in confusion as to the meaning of any public right-of-way or highway sign, or any traffic sign or signal; and 3. The sign will not obstruct clear visibility for traffic and pedestrian movement. Subd. 5. District Regulations. In addition to those signs permitted in all districts, the following signs are permitted in each specific district subject to the following conditions and restrictions. A. Residential Districts: R, R-1, RM, TOD-R, and TC-R; and TOD-MU and TC-MU if the project includes residential uses. 1. Wall Signs. One (1) wall sign per building not greater than six (6) square feet in area. 2. Free-Standing Signs and Yard Signs. a. One (1) free-standing sign per development, per street entrance not greater than thirty-two (32) square feet in area and not greater than six (6) feet in height. b. Each lot or parcel of record may have one or more yard signs, provided that (i) the total area of all yard signs on the lot or parcel of record may not exceed six (6) square feet, and (ii) no single sign may exceed six (6) square feet in area and three (3) feet in height. c. Sign Setback. Signs must not be placed closer than ten (10) feet from any public right-of-way line. d. Sign Base. The sign base of a free-standing sign may not exceed one-half (½) the maximum permitted sign area. e. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. f. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 3. Temporary signs are permitted only as provided in Subdivision 4. B. Commercial Districts: N-Com, C-Com, C-Hwy, C-Reg-Ser, C-Reg, and TC-C; and TOD-R, TOD-MU and TC-MU if the project contains commercial uses. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free- standing sign not to exceed eighty (80) square feet. b. Where a lot or parcel of record has two (2) or more street frontages, one (1) free- standing sign not to exceed eighty (80) square feet is permitted along one (1) frontage. Additional frontages are permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. No free-standing sign may be closer than three hundred (300) feet to any other free-standing sign upon a lot or parcel of record, as measured from the edge of a sign face via a straight line. Drive-thru lane signs are exempt from this distance requirement. c. Setback. No sign may be placed closer than twenty (20) feet from any public right- of-way line. Where parking is permitted within the required front yard setback, no sign may be placed closer than fifteen (15) feet from any public right-of-way line. d. Height. Free-standing signs may not exceed twenty (20) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. The total area of a wall sign on any wall of a single-tenant building may not exceed fifteen percent (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, then the total area of such wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any wall sign exceed three hundred (300) square feet. b. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space that tenant occupies. The total area of a tenant wall sign on its wall of a multi-tenant building may not exceed fifteen percent (15%) of the wall area of that wall when the wall area does not exceed five hundred (500) square feet. When the wall area exceeds five hundred (500) square feet, then the total area of the wall sign may not exceed seventy-five (75) square feet plus five percent (5%) of the wall area in excess of five hundred (500) square feet. In no event may the maximum sign area for any individual wall sign in a multi-tenant building exceed three hundred (300) square feet. 3. Sign Design. Signs for a multi-tenant building must be located on the building in a uniform manner or within an architectural sign band area. 4. Temporary signs are permitted only as provided in Subdivision 4. C. Office District; and TOD-MU, TOD-E, TC-MU, and TOD-C if the project includes office uses. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free- standing sign not to exceed fifty (50) square feet. b. Where a lot or parcel of record has two (2) or more frontages, one (1) free-standing sign not to exceed fifty (50) square foot sign is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of- way line. d. Height. Free-standing signs may not exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. One (1) wall sign per street frontage not to exceed fifty (50) square feet is permitted. b. One (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor not to exceed thirty (30) square feet is permitted. 3. Temporary signs are only permitted as provided in Subdivision 4. D. Industrial District: I-2, I-5, and I-GEN; and TOD-E if the project includes industrial uses. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free- standing sign not to exceed eighty (80) square feet. b. Where a building site has two (2) or more street frontages, one (1) free-standing sign not to exceed eighty (80) square feet is permitted on one frontage, and the additional frontages are each permitted a free-standing sign not to exceed fifty (50) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of- way line. d. Height. No free-standing sign may exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. One (1) wall sign per street frontage not to exceed eighty (80) square feet is permitted. b. One (1) wall sign per leasable space attached to the exterior wall of the building at the ground floor is permitted, not to exceed ten percent (10%) of the wall area that tenant occupies of the wall to which it is affixed, or a maximum of fifty (50) square feet. 3. Temporary Signs are only permitted as provided in Subdivision 4. 4. Sign Design. All signs shall be uniform in design, color, and placement. E. Planned Unit Development (PUD). A Planned Unit Development must comply with the sign requirements of the underlying zoning district unless a waiver from those requirements is granted as part of the PUD approval process or through a PUD amendment under Section 11.40, or a variance is granted as provided by subdivision 8.E of this section. F. Public District and Parks/Open Space District. 1. Free-standing Signs. a. A lot or parcel of record having one (1) street frontage may have one (1) free- standing sign not to exceed eighty (80) square feet. b. Where a lot or parcel of record has two (2) or more street frontages, one (1) free- standing sign not to exceed eighty (80) square feet is permitted on any one frontage, and the additional frontages are each permitted one (1) free-standing sign not to exceed thirty-six (36) square feet. Each allowed sign must be located on the street frontage generating the allowance. c. Setback. No sign may be placed closer than ten (10) feet from any public right-of- way. d. Height. Free-standing signs may not exceed eight (8) feet in height. e. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. f. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. g. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. a. One (1) wall sign per street frontage not to exceed fifty (50) square feet is permitted. b. One (1) wall sign per accessory building attached to the exterior wall of the accessory building at the ground floor not to exceed thirty (30) square feet is permitted. c. Signs must be uniform in design. 3. Temporary Signs. Temporary on-premises signs are permitted for a period not to exceed ten (10) days. Such signs may not be higher than eight (8) feet and not larger than thirty- two (32) square feet. G. Golf Course District. 1. Free-standing Signs. a. One (1) free-standing sign per street frontage not to exceed fifty (50) square feet is permitted. b. Setback. No sign may be placed closer than ten (10) feet from any public right-of- way line. c. Height. A free-standing sign may not exceed eight (8) feet in height. d. Sign Base. The sign base may not exceed one-half (½) the maximum permitted sign area. e. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. f. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 2. Wall Signs. One wall sign per building not to exceed twenty-four (24) square feet is permitted. Where a building is located on a corner lot, one (1) sign may be located on each wall facing a street provided one (1) wall sign does not exceed twenty-four (24) square feet and the other wall sign does not exceed eighteen (18) square feet. All walls signs must be uniform in design. 3. Temporary On-Premises Signs. Temporary on-premises signs are permitted for a period not to exceed ten (10) days. Such signs may not be higher than eight (8) feet and not larger than thirty-two (32) square feet. H. Airport. 1. Wall Signs. a. Wall signs are only permitted on buildings operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airports Commission. b. Walls Not Facing Runway. The total area of all wall signs on any wall not facing a runway may not exceed fifteen (15%) of the wall area when the wall area does not exceed five hundred (500) square feet. When the wall areas exceeds five hundred (500) square feet, the total area of a wall sign may not exceed seventy-five (75) square feet, plus five percent (5%) of the wall area in excess of five hundred (500) square feet, provided that the maximum sign area for any wall sign is three hundred (300) square feet. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies. c. Walls facing runway. The total area of all wall signs for walls facing a runway may not exceed thirty percent (30%) of the wall area. The maximum total wall sign area may not exceed four hundred (400) square feet. Wall area will be computed individually for each tenant in a multi-tenant building based on the exterior wall area of the space the tenant occupies. 2. Free-standing Signs. a. Building sites operated by persons, organizations, or businesses that are commercially licensed by the Metropolitan Airports Commission are permitted two (2) free-standing signs , provided one (1) of the signs is on the side of the building facing the runway. The total area of each sign may not exceed eighty (80) square feet. The maximum height of free-standing signs may not exceed twenty (20) feet. b. Property operated by the Metropolitan Airports Commission is permitted one (1) free-standing sign per street frontage not to exceed eighty (80) square feet in total area and twenty (20) feet in height. c. The total sign area of any multi-faced free-standing sign may not exceed twice the permitted area of a single-faced sign. d. Free-standing signs that are double-faced signs must be placed back to back with not more than thirty (30) inches between facings. 3. Gate Signs: Only the Metropolitan Airports Commission may erect such signs. One (1) sign at each gate is allowed not to exceed thirty-two (32) square feet in total area and ten (10) feet in height. Subd. 6. Dynamic Displays. A. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade- outs. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character. The City finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety. B. Permitted Sign Type and Locations. Dynamic displays are permitted solely as free-standing signs and only in the Commercial Regional (C-Reg), Commercial Regional Service (C-Reg- Ser), Community Commercial (C-Com), Neighborhood Commercial (N-Com) Office (OFC), Town Center (TC-C), Public (Pu), Parks and Open Space (P), Industrial (I, I-2, I-5 & I-Gen), TOD-MU (if the project includes commercial uses) and TOD-E (if the project includes industrial uses) zoning districts. C. Duration of Image. A dynamic display’s image, or any portion thereof, may not change more often than once every 20 minutes, except when changes are necessary to correct hour-and- minute, date, or temperature information. A display of time, date, or temperature must remain for at least twenty (20) minutes before changing to a different display, but the time, date, or temperature information itself may change no more often than once every three (3) seconds. D. Transition. If a dynamic display’s image or any portion thereof changes, the change sequence must be instantaneous without any special effects. E. Prohibition on Video Display. No portion of a dynamic display may change any part of its sign face by a method of display characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind. F. Prohibition on Fluctuating or Flashing Illumination. No portion of a dynamic display image may fluctuate in light intensity or use intermittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movement. G. Audio. Dynamic displays may not be equipped with audio speakers. H. Malfunctions. Dynamic displays must be designed and equipped to freeze the sign face in one (1) position if a malfunction occurs. Dynamic displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display upon malfunction or when notified by the City that it is not complying with the standards of this ordinance. I. Brightness. All dynamic displays must meet the following brightness standards: 1. No dynamic display may exceed a maximum illumination of five thousand (5,000) nits (candelas per square meter) during daylight hours and a maximum illumination of five hundred (500) nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness. 2. All dynamic displays having illumination by means other than natural light must be equipped with a dimmer control or other mechanism that automatically controls the sign’s brightness to comply with the requirements of this section. 3. No dynamic display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal. 4. The owner or controller of the dynamic display must adjust the sign to meet these brightness standards in accordance with the City’s instructions. The adjustment must be made immediately upon notice of non-compliance from the City. 5. The owner or controller must provide to the City a written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by this section and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. J. Dynamic displays are allowed only on free standing signs in the permitted districts. Dynamic displays may occupy no more than thirty-five percent (35%) percent of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one (1), contiguous dynamic display area is allowed on a sign face. Subd. 7. Administration and Enforcement. A. Permits. Except as provided in subparagraph B below, the owner or occupant of the premises on which a sign is to be displayed, or the owner or installer of such sign, must file an application with the City for permission to display the sign. Permits are required for all existing, new, relocated, modified, or redesigned signs. The applicant must complete the application form provided by the City and submit with the application a complete description of the sign and a sketch showing its size, location, manner of construction, and such other information as is necessary to inform the City of the proposed kind, size, material, construction, and location of the sign. The applicant must also submit at the time of application the then-current application fee set by Council ordinance or resolution. The City Manager or their designee will approve or deny the sign permit no more than thirty (30) days from the receipt of the complete application and the applicable fee. If a sign authorized by permit has not been installed within three (3) months after the date of issuance of the permit, the City Manager may, at their sole discretion, revoke the permit. B. Exemptions. The exemptions permitted by this subparagraph apply only to the requirement of a permit, and may not be construed as excusing the installer of the sign, or the owner of the property upon which the sign is located, from conforming with the other provisions of this section. No permit is required under this subdivision for the following signs: 1. A window sign placed within a building and not exceeding ten percent (10%) of the window area. 2. Signs erected by a governmental unit or public school district. 3. Temporary signs. 4. Signs or tablets when cut or built into the walls of a building and constructed of bronze, stone, or marble. 5. Signs six (6) square feet or less in size. 6. Flags. 7. Yard signs. Subd. 8. Violations and Enforcement. A. It is unlawful for any person to violate the provisions of this section. B. If the City finds that: 1. any sign regulated by this section is prohibited as to size, location, type, number, height, or method of construction, or is unsafe, insecure, or a menace to the public; 2. any sign for which a permit is required has been constructed or erected without a permit having been granted to the installer of the sign or to the owner of the property upon which the sign has been erected; or 3. any sign is improperly maintained or is in violation of any other provisions of this section; the City will give written notice of such violation to the owner of the property and/or the permit holder, as applicable. If the owner or permit holder fails to remove or alter the sign so as to comply with this section within three (3) days following receipt of the notice, the sign will be deemed to be a nuisance and may be abated by the City by proceedings taken under Minnesota Statutes Chapter 429, and the cost of abatement, including administrative expenses and attorney’s fees, may be levied as a special assessment against the property upon which the sign is located. C. Each period of three (3) days within which the sign is not removed or altered as required by the City will be deemed to constitute another violation of this section. No additional City licenses, permits, or other approvals will be granted to anyone in violation of the terms of this section, or to anyone responsible for the continuance of the violation, until such violation is either corrected or satisfactory arrangements, in the opinion of the City Manager or their designee, have been made towards the correction of the violation. The City may also withhold building permits for any construction related to a sign maintained in violation of this section. Pursuant to Minnesota Statutes Section 160.27, the City may remove and destroy signs placed within the public right-of-way with no such notice of violation required. D. Appeals. The property owner, permit applicant, or permit holder, as applicable, may appeal any order or determination made by the City pursuant to this section by filing a written appeal with the City Clerk within ten (10) days of the mailing of notice of the order or determination to the owner, applicant, or holder. A notice of appeal must be in writing and must be personally served upon the City Clerk or deputy within the time provided. Appeals will be heard by the Board of Adjustments and Appeals pursuant to Section 2.26, Subdivision 2.B. E. Variances. A property owner, permit applicant, or permit holder may request a variance from the literal terms of this section before the Board of Adjustments and Appeals by filing a form provided by the City and paying the prescribed fees to the City Clerk. Request for variances from the literal provisions of this section will be considered in accordance with City Code Sections 2.26, Subdivision 2.B, and Section 11.76. F. With respect to signs distributed or posted by a person, committee, or organization except pursuant to a lease or license with the property owner, the written notice of violation required by Subdivision 8.B. herein may be given to the person, committee, or organization who prepares, disseminates, issues, posts, installs or owns the sign, or the person, committee, or organization who causes the preparation, dissemination, issuance, posting, or installation of the sign, or the owner or occupant of the premises on which such sign is displayed. If such person, committee, organization, owner, or occupant fails to remove or alter the sign so as to comply with the provision set forth in this section within three (3) days following receipt of said notice, then such failure is deemed unlawful and such persons, committee, organization, owner, or occupant will be subject to the same liabilities and penalties as are permittees and owners under Subdivision 8.B and C. Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation,” Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of January, 2022 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 8th day of February, 2022. ____________________________ ______________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on February 17, 2022. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, SECTION 11.70 RELATING TO SIGN REGULATIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends City Code Section 11.70 relating to signs by removing content-based regulations and otherwise revising and updating the regulations. Effective Date: This Ordinance shall take effect upon publication. ATTEST: __________________________ _________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on February 17, 2022. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ____ AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. ______ was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 8th day of February, 2022. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. ______ is lengthy. B. The text of summary of Ordinance No. _________, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Sun Current in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance _______ shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication. ADOPTED by the City Council on February 8, 2022. ___________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 8, 2022 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima ITEM DESCRIPTION: Blue Stem North Environmental Assessment Worksheet (EAW) ITEM NO.: VIII.D. Requested Action Move to: • Adopt the Resolution for Environmental Assessment Worksheet Review Synopsis This is for the review of an Environmental Assessment Worksheet for development of property at 6901 Flying Cloud Drive. The site is located at the northeast corner of Flying Cloud Drive and W. 70th Street. The development proposes the construction of 425 multi-family units with underground and surface parking. Adoption of the Resolution on the EAW is not an approval of the development proposal but rather an acknowledgement that the environmental analysis of the project has been reviewed and found to be complete and accurate will not require an Environmental Impact Statement. The Planning Commission reviewed the project at its January 10 meeting. The City Council is tentatively scheduled to review the development project at its March 1 meeting. Background Information Minnesota Statutes establish development thresholds that require EAW review. For Eden Prairie, a residential project that proposes the construction of 375 or more attached residential units requires the preparation of an EAW. The EAW has been prepared and published in the EQB Monitor as required by State Statute. The public comment period has been completed. Public comments were received from MN Department of Natural Resource (DNR), Metropolitan Council, Minnesota Pollution Control Agency (MPCA). Hennepin County Highway Division, MN State Historic Preservation Office (SHPO), Nine Mile Creek Watershed District, and MN Department of Transportation (MnDOT). In accordance with Environmental Quality Board Rules, the City of Eden Prairie has prepared a Response to Comments document addressing all substantive comments and has provided a resolution of findings on the EAW. Attachments 1. Resolution for EAW 2. EAW Document 3. EAW Record of Findings and Response to Comments BLUE STEM NORTH EAW CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR BLUE STEM NORTH, A PRIVATE ACTION, DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the Planning Commission of Eden Prairie did hold a hearing on January 10, 2022, to consider the Blue Stem North development; and WHEREAS, said development is located on 15.3 acres of land east of Flying Cloud Drive and north of West 70th Street; and WHEREAS, copies of the EAW were distributed to all persons and agencies on the official Environmental Quality Board (EQB) distribution list and other interested parties and hard copies were made available to the public at City Hall; and WHEREAS, none of the comments received recommended preparation of an EIS, and none suggested that the project had the potential to cause significant environmental effects; and WHEREAS, the City Council of Eden Prairie reviewed the Findings of Fact and Record of Decision on the proposal of Blue Stem North on February 8, 2022 and determined an EIS is not necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, that an Environmental Impact Statement is not necessary for the Blue Stem North development proposal, because the project is not a major action, does not have significant environmental effects, and is not of more than local significance. ADOPTED by the City Council of the City of Eden Prairie this 8th day of February 2022. ________________________ Ronald A. Case, Mayor ATTEST: ______________________________ Nicole Tingley, City Clerk PREPARED BY: ENVIRONMENTAL ASSESSMENT WORKSHEET Blue Stem North Residential Development Eden Prairie, Hennepin County, MN NOVEMBER 2, 2021 PREPARED FOR: ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) i Blue Stem North Residential Development, Eden Prairie CONTENTS Page List of Tables ................................................................................................................................... i List of Exhibits ................................................................................................................................ ii List of Appendices .......................................................................................................................... ii 1. Project Title ..............................................................................................................................1 2. Proposer ....................................................................................................................................1 3. RGU ..........................................................................................................................................1 4. Reason for EAW Preparation (check one) ...............................................................................1 5. Project Location .......................................................................................................................1 6. Project Description ...................................................................................................................2 7. Cover Types .............................................................................................................................5 8. Permits and approvals required ................................................................................................5 9. Land Use ...................................................................................................................................6 10. Geology, Soils and Topography/Land Forms ........................................................................11 11. Water resources ......................................................................................................................14 12. Contamination/Hazardous Materials/Wastes .........................................................................24 13. Fish, Wildlife, Plant Communities, and Sensitive Ecological Resources (Rare Features) ....26 14. Historic properties ..................................................................................................................29 15. Visual ......................................................................................................................................29 16. Air ...........................................................................................................................................30 17. Noise .......................................................................................................................................31 18. Transportation ........................................................................................................................32 19. Cumulative Potential Effects ..................................................................................................34 20. Other Potential Environmental Effects: .................................................................................36 TABLES Table 7.1: Estimated Before and After Cover Types ..................................................................... 5 Table 10.1: Soils Classification ................................................................................................... 12 Table 11.1: Delineated Wetlands ................................................................................................. 14 Table 11.2: Groundwater Observations ....................................................................................... 16 Table 11.3: County Well Index .................................................................................................... 17 Table 17.1: Typical Construction Equipment Noise Levels at 50 Feet ....................................... 31 Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 ii EXHIBITS Exhibit 1 Site Location Exhibit 2 USGS Topography Exhibit 3 Concept Site Plan Exhibit 4 Existing Land Use Exhibit 5 Existing Zoning Map Exhibit 6 Water Resources Exhibit 7 NRCS Soils Exhibit 8 Approved Delineated Wetland Boundaries Exhibit 9 MLCCS Land Cover Types Exhibit 10 Biological Resources Exhibit 11 Sewer Connections APPENDICES Appendix A County Well Index Well Logs Appendix B DNR Natural Heritage Database Search Appendix C State Historic Preservation Office Correspondence Appendix D Traffic Impact Study July 2013 Version ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) 1 Blue Stem North Residential Development, Eden Prairie This Environmental Assessment Worksheet (EAW) form and EAW Guidelines are available at the Environmental Quality Board’s website at: http://www.eqb.state.mn.us/EnvRevGuidanceDocuments.htm . The EAW form provides information about a project that may have the potential for significant environmental effects. The EAW Guidelines provide additional detail and resources for completing the EAW form. Cumulative potential effects can either be addressed under each applicable EAW Item or can be addressed collectively under EAW Item 19. Note to reviewers: Comments must be submitted to the RGU during the 30 -day comment period following notice of the EAW in the EQB Monitor. Comments should address the accuracy and completeness of information, potential impacts that warrant further investigation and the need for an EIS. 1. Project Title Blue Stem North Residential Development EAW, Eden Prairie 2. Proposer Greco Properties, LLC 3. RGU City of Eden Prairie Contact Person: Josh Brandsted Contact Person: Julie Klima Title: President Title: City Planner Address: 607 Washington Ave N, Ste 100 Address: 8080 Mitchell Road Minneapolis, MN 55401 Eden Prairie, MN 55344 Phone: (612) 877-0998 Phone: (952) 949-8489 Fax: Fax: E-mail: jbrandsted@choosegreco.com E-mail: jklima@edenprairie.org 4. Reason for EAW Preparation (check one) Required: Discretionary: EIS Scoping Citizen Petition Mandatory EAW RGU Discretion Proposer Volunteered If EAW or EIS is mandatory give EQB rule category subpart number(s) and name(s): Part 4410.4300 Subp. 19D. - Residential Development. 5. Project Location County: Hennepin County, Minnesota City/Township: Eden Prairie PLS Location (¼, ¼, Section, Township, Range): T116, R22, S1 Watershed (81 major watershed scale): Minnesota River-Shakopee (33) GPS Coordinates: 44.8775°, -93.4121° (Project Center) Tax Parcel Numbers: 0111622340028. At a minimum attach each of the following to the EAW: • County map showing the general location of the project; See Exhibit 1. • U.S. Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries (photocopy acceptable); and See Exhibit 2. • Site plans showing all significant project and natural features. Post-construction site plan (Exhibit 3) and Pre-construction site plans (Exhibits 4-11). Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 2 6. Project Description a. Provide the brief project summary to be published in the EQB Monitor, (approximately 50 words). The Blue Stem North residential development is proposed on 15.3 acres of vacant upland in an area known as the Golden Triangle in northeastern Eden Prairie. The project is adjacent to the Southwest LRT Golden Triangle Station. The proposed project would include three buildings ranging from 4 to 6 stories with a total of 425 housing units and structured parking along with complimentary interior and exterior amenity spaces. Approximately 11.3 acres of the 15.3 total is planned as open space, which will include trails, wetlands and buffers, woodlands, and a stormwater pond. b. Give a complete description of the proposed project and related new construction, including infrastructure needs. If the project is an expansion include a description of the existing facility. Emphasize: 1) construction, operation methods and features that will cause physical manipulation of the environment or will produce wastes, 2) modifications to existing equipment or industrial processes, 3) significant demolition, removal or remodeling of existing structures, and 4) timing and duration of construction activities. Greco is proposing construction of a 2-phased redevelopment located adjacent to the Southwest Light Rail Transit (Southwest LRT) Golden Triangle Station at 6901 Flying Cloud Drive in Eden Prairie, Minnesota (Exhibits 1 and 2). The property was previously vacant until approximately 2000 when a parking lot associated with the property to the south was constructed. Around 2004, the parking lot was demolished, and the site was returned to undeveloped vacant land. Redevelopment activities began in 2007 for construction of an office complex, however the project was terminated early, leaving only a building foundation in place. The project area, defined as the area within the identified project boundary, has remained vacant with wetlands since 2007. The proposed project will include the construction of approximately 425 multifamily housing units and structured parking along with complimentary interior and exterior amenity spaces. Development will convert 15.3 acres of vacant upland to streets, residential buildings with shared outdoor amenities, landscaping, trails, and stormwater ponding as shown on the Concept Site Plan (Exhibit 3). Approximately 4 acres will be developed, and the remainder will be retained as open space, wetlands, buffers and forest. Phase I: includes up to 237 units of innovative housing options and approximately 311 structured parking stalls and approximately 12 surface parking stalls. The housing will offer a mixture of affordable and market rate units with 20% of the units to be affordable at 50% Area Median Income (AMI) rents, 5% to be affordable at 80% AMI rents, and the remaining 75% of units priced at market prevailing rates. The Phase I building will consist of two connected buildings - Building 1A will be 4 stories and Building 1B will be 5 stories. Phase I is proposed to begin construction in April 2022 and complete construction by December 2023. Phase II: includes up to 188 units of additional housing options and approximately 264 structured parking stalls and 5 surface parking stalls. The housing will offer a mixture of affordable and market rate units with 20% of the units to be affordable at 50% AMI rents, 5% of the units to be affordable at 80% AMI rents, and the remaining 75% of units priced at market prevailing rates. Building 2 will be 6 stories high. Phase II is proposed to begin construction in May 2025 and complete construction by December 2026. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 3 Each building will be outfitted with independent interior and exterior amenities while also sharing complimentary exterior spaces. The envisioned amenities include: Phase I: private work from home offices, a co-working lounge, screening room, bicycle club, private dining and event room, clubroom, an indoor/outdoor wellness center, market leading technology accommodations, sun deck with pool and spa, complimentary bicycles and electric scooters, community herb gardens, pollinator stations for the present rusty patched bumble bees, wood duck houses, public boardwalk and wetland floating trails, pickle ball court, dog run and spa, and a multitude of outdoor gathering areas connected to the natural setting of the wetlands. Additionally, Phase I will be connected to the Southwest LRT Golden Triangle station via a community walking path open to both the public and residents. Phase II: early visioning includes amenity spaces such as private work from home offices, a co- working lounge, bicycle hub, private event spaces, clubroom, a well-connected wellness center, market leading technology accommodations, sun deck with pool and spa, complimentary bicycles and electric scooters, community herb gardens, a pickle ball court, dog run and spa, and a multitude of outdoor gathering areas connected to the natural setting of the wetlands. The Concept Plan proposes an overall site density of 69.9 apartment/dwelling units per buildable acre. The development’s density will also be consistent with Eden Prairie’s Transit Oriented Development density of 25 to 80 units per acre. Three entrances are proposed from Flying Cloud Drive, include two 24-foot-wide roads and a garage access road. The main entrance to the development includes a 24-foot-wide road that will provide vehicle and fire access into the development. This road will turn into a 16-foot-wide drivable combined road/trail to support fire apparatus and required turning movements. The second entrance from Flying Cloud Drive will provide access to structured parking for Buildings 1A and 1B. This road will also turn into a 16-foot-wide drivable combined road/trail that will connect to the main entrance road. The third entrance will provide access from Flying Cloud Drive to the structured parking associated with the Building 2. The main access road and parking garage driveway will be private/public. Additionally, a public trail will provide pedestrian access to the Southwest LRT Golden Triangle Station. Construction of the Station began in 2019 with passenger service starting in 2023. Each residential building will be served by City of Eden Prairie sanitary sewer and water systems. No on-site sewage systems and no private wells are proposed. The project is located within the Bryant Lake Sewershed District. The existing sanitary sewer line will be removed and replaced with new 12-inch sanitary sewer stubs from the buildings. These stubs will combine on-site and connect to the existing 15-inch gravity trunk sewer along the eastern edge of Flying Cloud Drive. The existing 8-inch watermain stub will become part of the new 6-inch watermain loop around Buildings 1A and 1B along the road/trail and will connect to the existing 8-inch watermain in two locations along Flying Cloud Drive. The proposed buildings will be serviced separately with new 6-inch domestic and new 8-inch fire stubs installed at two locations along Flying Cloud Drive. Construction of the sewer and water mains will coincide with the project’s phasing timeline. Grading and utility installations within the development are anticipated to be constructed in two phases from north to south over 4 years starting spring of 2022. Phase 1 is anticipated to include approximately 237 units on 3.7 buildable acres. Construction for Phase 2 is anticipated to start in May of 2025 and include 188 units on 2.34 buildable acres. Each phase will include a mix of 1- to-3-bedroom units to provide housing options for buyers. The phasing schedule is an estimate and will ultimately depend upon market demand and city approvals. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 4 Construction will entail approximately 23,000 cubic yards of earthwork with a disturbed area of 6.65 acres. Soil will be graded for streets, buildings, garage access, trails, and stormwater features. The site will be graded to balance, no import or export of material is anticipated. Construction dewatering would be conducted as needed and as permitted to install sanitary sewer, municipal water, and storm sewer. Best Management Practices will be implemented during and after construction to protect water quality and reduce the potential for soil erosion and sedimentation. Public and private infrastructure improvements will be constructed in association with this development. These include but are not limited to internal roadways, trails, stormwater systems, electrical lines, telephone lines, and extension of sanitary sewer and water supply systems. Potential adverse effects on the environment will be mitigated by avoiding the 5.6 acres of wetlands and preserving approximately 11.3 acres of open space in the form of private parks, wetland buffers, woodlands, and stormwater ponds. The Applicant proposes a combination of undulating landform and landscaping along Flying Cloud Drive to offset possible visual and noise impacts, where appropriate. c. Project Magnitude: Total Project Acreage 15.3 Total Number of Residential Units 425 Attached Buildings 1A and 1B Number of Residential Units 237 Attached Gross Acres 7.64 Buildable Acres 3.74 Amenities (in square feet) 14,066 Height (6 stories) 65 feet Building 2 Number of Residential Units 188 Attached Gross Acres 7.64 Buildable Acres 2.34 Amenities (in square feet) 12,602 Height (4 stories west) 45 feet Height (5 stories east) 55 feet d. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need for the project and identify its beneficiaries. The purpose of the Blue Stem North project is to meet the demand for residential housing units within the City of Eden Prairie and within proximity to public transportation. The project will be carried out by Greco, a private entity. e. Are future stages of this development including development on any other property planned or likely to happen? Yes No. If yes, briefly describe future stages, relationship to the present project, timeline, and plans for environmental review. f. Is this project a subsequent stage of an earlier project? Yes No. If yes, briefly describe the past development, timeline, and any past environmental review. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 5 The Blue Stem North project is not a subsequent stage of an earlier project. 7. Cover Types Estimate the acreage of the site with each of the following cover types before and after development: Pre-and post-construction land cover acreages were estimated based on the 2019 NMCWD, approved wetland delineation, and engineering and preliminary site planning. Because significant work has been completed on this site for an earlier project, areas for wetlands and wetland buffers are known. Mapping resources were used to estimate acreages for other cover types such as vacant upland and forest. Table 7.1: Estimated Before and After Cover Types Land Cover Before (acres) After (acres) Delineated Wetlands (WB-03, 04, and 05)1 5.6 5.6 Wetland Buffers 1.8 2.9 Vacant Upland/Grassland 6.2 0.0 Forest 1.5 1.4 Stormwater Pond 0.0 0.1 Parks and Open Space 0.0 1.3 Impervious Surface/Developed: houses, driveways, streets, sidewalks & trails 0.2 4.0 Total 15.3 15.3 1 Delineated wetland acreages: WB-03 (0.16ac), WB-04 (0.73 ac), and WB-05 (4.7 ac). 8. Permits and approvals required List all known local, state and federal permits, approvals, certifications and financial assistance for the project. Include modifications of any existing permits, governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees, Tax Increment Financing and infrastructure. All of these final decisions are prohibited until all appropriate environmental review has been completed. See Minnesota Rules, Chapter 4410.3100. Table 8.1: Permits and Approvals Required Unit of Government Type of Application Status1 City of Eden Prairie Concept Plan Approval In process City of Eden Prairie Zoning Amendment In process City of Eden Prairie Preliminary Plat Application In process City of Eden Prairie Final Plat Approval To be applied for City of Eden Prairie Comprehensive Plan Amendment In process City of Eden Prairie EAW Process In process City of Eden Prairie Land Alteration/Grading Permit To be applied for City of Eden Prairie Land Development Application In process City of Eden Prairie Water Resources Land Alteration Permit To be applied for City of Eden Prairie Building Permit To be applied for City of Eden Prairie Electrical Permit To be applied for City of Eden Prairie Right-of-Way/Utility Permit To be applied for City of Eden Prairie Plumbing Permit To be applied for Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 6 Table 8.1: Permits and Approvals Required Unit of Government Type of Application Status1 City of Eden Prairie Mechanical Permit To be applied for Nine Mile Creek Watershed District Wetland Delineation Confirmation Completed Nine Mile Creek Watershed District Wetland Conservation Act Permit To be applied for (if needed) Hennepin County Access Permit To be applied for (if needed) Hennepin County Utility Permit To be applied for (if needed) Metropolitan Council Sanitary Sewer Connection Permit To be applied for MN Department of Health Water Main Extension Approval To be applied for MN Department of Natural Resources Appropriation/Dewatering Permit To be applied for MN Pollution Control Agency Sanitary Sewer Extension Approval To be applied for MN Pollution Control Agency NPDES/SDS General Permit Covered under general permit; submit NOI prior to construction. Nine Mile Creek Watershed District Stormwater Management Review To be applied for Nine Mile Creek Watershed District Erosion and Sediment Control Permit To be applied for Nine Mile Creek Watershed District Watercourse and Basin Crossing Permit To be applied for Nine Mile Creek Watershed District Appropriation of Public Surface Waters To be applied for Nine Mile Creek Watershed District WCA No Loss Determination To be applied for U.S. Army Corps of Engineers Section 404 Clean Water Act Permit To be applied for (if needed) 1 The project proposer will apply for and receive applicable permits prior to project construction. Cumulative potential effects may be considered and addressed in response to individual EAW Item Nos. 9-18, or the RGU can address all cumulative potential effects in response to EAW Item No. 19. If addressing cumulative effect under individual items, make sure to include information requested in EAW Item No. 19 9. Land Use a. Describe: i. Existing land use of the site as well as areas adjacent to and near the site, including parks, trails, prime or unique farmlands. Existing land use within, and adjacent to, the project boundary is depicted on Exhibits 4 and 9. The present land use on the property is undeveloped vacant land and wetlands (Exhibit 8). Historical images reviewed from Google Earth and John R. Borchert on-line map library sources revealed that the project area has changed uses several times since 1937. A dwelling was located on the property from 1937 until approximately 1951. An Auto Salvage Yard (Hanson’s) operated in the project area from 1951 to 1980. Many of the adjacent commercial properties were constructed in the early 1980’s. The property was vacant open space from 1980 until approximately 2000 when a parking lot associated with the property to the south was constructed. Around 2004, the parking lot was demolished, and the site was returned to undeveloped vacant land. Redevelopment activities began in 2007 for construction of an office complex, however the project was Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 7 terminated early, leaving only a building foundation in place. The project area has remained vacant with wetlands since 2007. Existing land uses of abutting properties consist primarily of industrial developments to the east, north, and south (Exhibit 4). A mix of office, high density residential, regional commercial, church, and low density residential are located west of U.S. Highway 212. There are currently no designated parks or recreation areas within the project boundary as shown on the Eden Prairie Park Finder. 1 The nearest parks include the Flying Cloud Dog Park located about 0.25 miles south of the project boundary. Several Nine Mile Creek Conservation Areas are also located about 0.25 miles south of the project boundary and include walking trails. Bryant Lake Regional Park is located west of the project area. Bryant Lake Regional Park is located about 0.7 miles west of the project boundary and offers play equipment, a picnic area, a picnic shelter, a beach, a boat ramp, fishing pier, disc golf course, bike trails and walking trails. Prime and Unique Farmlands According to the Natural Resources Conservation Service (NRCS), none of the five soil types found on the site are classified as prime farmland (Table 10.1). About 1.3 acres in the northwestern portion of the project area is classified as farmland of statewide importance and is associated with the Malardi-Hawick complex, 1-6% slopes (Exhibit 7). Prime farmlands consist of land that has the best combination of physical and chemical characteristics for producing food, feed, forage, and oilseed crops. According to the NRCS, prime farmlands have “an adequate and dependable water supply from precipitation, a favorable temperature and growing season, acceptable acidity or alkalinity, acceptable salt and sodium content and few or no rocks.” This does not mean all soils listed as prime farmland produce exceptionally high crop yields. No farmland preservation measures have been considered at this time. ii. Plans. Describe planned land use as identified in comprehensive plan (if available) and any other applicable plan for land use, water, or resources management by a local, regional, state, or federal agency. The Metropolitan Council has adopted the Thrive MSP 2040 Plan to ensure orderly, economic development of the Twin Cities Metropolitan Area in relation to regional infrastructure for transportation, water resources, and regional parks and open space. In 1996, the Council established a Metropolitan Regional Blueprint, which serves as the framework for development for the Twin Cities seven-county area. Only land designated by the Metropolitan Council as being within the Metropolitan Urban Service Area (MUSA) can receive city sewer service. The Aspire Eden Prairie 2040 Comprehensive Land Use Plan (Comprehensive Plan) must address not only local issues but must also be consistent with regional benchmarks included as part of Thrive MSP 2040 for population, household and employment growth, transportation, housing, and natural resources. The Thrive MSP 2040 Plan designates the City of Eden Prairie as a Suburban Community. This designation is based on past residential development of Eden Prairie and similar communities, as it has experienced 1 City of Eden Prairie. 2021. Eden Prairie Park Finder. Available online at: https://gis.edenprairie.org/ParkFinder/index.html. Accessed August 2021. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 8 substantial population growth during the 1980’s and 1990’s and is located along a prominent freeway corridor. Challenges for suburban communities include changing market preferences, realigning developments around existing and emerging transit ways, and creating more spaces for residents of the community to gather. Suburban communities are advised by the Metropolitan Council to anticipate a forecasted population and household growth at an average net density of at least five units per acre. The project is subject to the Aspire Eden Prairie 2040 Comprehensive Land Use Plan, Zoning Ordinance, and other applicable Eden Prairie codes. The Comprehensive Plan includes the 2040 Land Use Guide Plan, which guides future land use on the subject parcel as Transit-Oriented Development (TOD). The Aspire Eden Prairie 2040 plan depicts a majority of the City of Eden Prairie as within the Municipal Urban Service Area (MUSA), including the project area. Extension of sewer and water infrastructure is planned in the area and discussed throughout this document. As described in the Comprehensive Plan, the City and Metropolitan Council project significant growth with an estimated increase in the number of households from 27,400 in 2020, to a forecasted 33,300 households by 2040 (note the number of households in 2020 and 2040 are “projected” and do not represent the actual number of households). Residential housing goals for the City of Eden Prairie include prioritizing housing around public transit with convenient access to basic services including places of employment, shopping, restaurants, services, and parks. This goal is geared specifically towards areas guided for TOD and Major Center Areas. The City is seeking to utilize housing in these areas to encourage higher density community residences near commercial developments that offer jobs, transit, and opportunities for recreation. Eden Prairie is working to implement strategies to encourage a more pedestrian and transit-friendly community in the future, encouraging sustainability and use of multi-modal transit opportunities. Parallel land use guiding principles for Transit-Oriented Development Guide Plan include a vision for high density housing with affordable options, providing a rich mix of uses, designed to be pedestrian oriented, promote active healthy living, enable modern parking solutions, engage with public spaces, safe, high-quality architecture and promote sustainability. The Aspire Eden Prairie 2040 plan desires future construction in Transit-Oriented Developments to account for a minimum gross density of 25 units per acre for standalone residences. Mixed use residences should have a minimum gross density range of 25-80 units per acre in areas designated as TOD. The Southwest LRT Golden Triangle Station will be located immediately east of the proposed project. According to the Metropolitan Council, the Southwest LRT will be in heavy construction from 2019 through 2022, opening for passenger service as a part of the METRO Green Line in 2023. The Golden Triangle Station includes a park-and-ride lot, a passenger drop-off area, and a bus stop with a shelter for riders. 2 The proposed project is located in the Golden Triangle Area, confined by Highway 169, Interstate 494, and Highway 212. Development goals for the Golden Triangle Area are 2 Metropolitan Council. 2021. Project Facts About the Southwest LRT Project. Available online at: https://metrocouncil.org/Transportation/Projects/Light-Rail-Projects/Southwest-LRT/Project-Facts.aspx. Accessed August 2021. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 9 focused on employment; however, the project area is one of the select properties anticipated to house residential opportunities in close proximity to the Southwest LRT Golden Triangle Station. The proposed project will support the investment of mass transit and facilitate a dynamic pedestrian environment with the construction of connecting trail systems for future residents and pedestrians. As stated in the Aspire Eden Prairie 2040 Plan, the Liberty Plaza site was approved for an office development in 2007. Any development in this area consistent with that approval will not require rezoning to TOD, however, varying development proposals will require rezoning to TOD. The proposed project will require rezoning to TOD for consistency with the Comprehensive Plan. A Comprehensive Plan Amendment will also be applied for to reguide the areas that will be retained as wetland and buffer areas as park and open space.. A network of sidewalks and trails within the proposed development, including replacement of the existing boardwalk and the addition of new boardwalk, will provide connectivity to proposed and existing trails, parks, amenities, and transportation hubs in the area. Numerous recreational opportunities are present at nearby Bryant Lake and Nine Mile Creek Conservation Area. The project is consistent with the goals of the Aspire Eden Prairie 2040 Comprehensive Land Use Plan in that the proposed housing units correspond to the location and extent of housing densities in the future land use guide plan, providing consistent and compatible high-density housing units in a key transit area. The project will have a housing density of 69.9 units per buildable acres. The project conforms to the future land use plan by providing a residential and development consistent with density guidelines and by incorporating the specific objectives of the Comprehensive Plan. iii. Zoning, including special districts or overlays such as shoreland, floodplain, wild and scenic rivers, critical area, agricultural preserves, etc. The proposed development is consistent with Eden Prairie’s comprehensive land use plans, which guide the area for Transit-Oriented Development. Although the City’s March 2020 zoning map (Exhibit 5) identifies the project area as Office (OFC), the Aspire 2040 Eden Prairie Comprehensive Plan states that areas designated as TOD may be rezoned to a TOD zoning district as an implementation strategy, when redevelopment occurs, or when rezoning is requested by the property owner. The Applicant will submit a request to the City of Eden Prairie to rezone the parcel. No MNDNR public watercourses or basins are present in the project area. The South Fork of Nine Mile Creek and Bryant Lake are MNDNR public waters located more than 0.25 miles south and west of the project area, respectively. No shoreland areas are present within 0.25 miles of the proposed project. According to FEMA Floodplain mapping (accessed August 2021), the entire project area is located outside of any 100-year floodplain. The nearest floodplains are associated with Bryant Lake. Project development will not impact any nearby floodplain areas. Stormwater will be properly managed on site in accordance with the information presented in Item 11, b.ii. No special use districts, designated wild or scenic rivers, or trout streams are within the project area. The nearest designated trout stream is Eagle Creek (M-055-009) located Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 10 approximately 9.2 miles to the south of the project. There are no critical areas, or agricultural preserves within the project area. b. Discuss the project’s compatibility with nearby land uses, zoning, and plans listed in Item 9a above, concentrating on implications for environmental effects. The Aspire Eden Prairie 2040 plan depicts the project area and immediate properties to the north and east as Transit-Oriented Development (TOD) guided land uses. The focus of TOD guidance is to support transit-system investments by creating attractive, compact, pedestrian-oriented, high- density, mixed use, and environmentally and economically sustainable communities centered around transit facilities. Construction of a compact urban form of residential development in close proximity to a major transit hub is discussed as a desirable land use in the Aspire Eden Prairie 2040 plan. Other properties surrounding the proposed project and Southwest LRT are guided for Industrial Flex-Tech and Office land uses. The Golden Triangle area contains nearly 10 million square feet of industrial and office space, with more than 20,000 people traveling into and out of the area daily per the Met Council’s Southwest LRT information webpage. Use of adjacent properties for employment resources in conjunction with the proposed residential development abides by the guidance and strategies for sustainable resilience discussed in the Aspire Eden Prairie 2040 Comprehensive Plan. The proposed project is consistent with the Transit-Oriented Development principles to help the City of Eden Prairie realize their vision for the area. The development will provide high-density residential development within convenient walking and biking distance of the Golden Triangle Station. Complimentary bicycles and electric scooters are planned for future residents. The project will complement the nearby office and industrial-flex land uses by providing housing opportunities in close proximity to the Golden Triangle employment hub with a pedestrian oriented design. Several parking areas are proposed which will include structured garage parking and bike racks. The proposed project is consistent with the engaging public spaces principle by providing several plaza deck courtyards, amenity patios, pool and spa areas, and a new addition to the existing boardwalk trail. Community herb gardens will provide future residents with a place to gather and cultivate connections between neighbors. Given the amount of wetlands on the site, the Applicant has used the unique property attributes to formulate a high quality site design to enhance the currently undeveloped area into an aesthetically attractive space. A multitude of outdoor gathering areas connected to the natural setting of the wetlands are included in the proposed project design. The existing boardwalk will be replaced and expanded within the two western wetlands and will connect to the proposed facilities. In addition to the numerous improvements proposed for the property, landscaping is anticipated to maintain the area’s distinct character. The project will offer a mixture of affordable and market rate units with 20% of the units to be affordable at 50% area mean income (AMI) rents, 5% of the units to be affordable at 80% AMI rents, and the remaining 75% of units priced at market prevailing rates. Providing affordable housing options in close proximity to the SWLRT aligns with the goals of TOD lands. c. Identify measures incorporated into the proposed project to mitigate any potential incompatibility as discussed in Item 9b above. Incompatibility of land uses is not anticipated as discussed in Section 9b. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 11 10. Geology, Soils and Topography/Land Forms a. Geology – Describe the geology underlying the project area and identify and map any susceptible geologic features such as sinkholes, shallow limestone formations, unconfined/shallow aquifers, or karst conditions. Discuss any limitations of these features for the project and any effects the project could have on these features. Identify any project designs or mitigation measures to address effects to geologic features. Bedrock Geology According to the Geologic Atlas of Hennepin County, C-45, Part A, Plate 2, bedrock geology beneath the project area consists of St. Peter Sandstone. The thickness of the St. Peter Sandstone varies from 150 to 175 feet thick, with the uppermost 110 to 140 feet being fine to medium grained, friable quartzose sandstone and the lowermost 20 to 40 feet being shale and siltstone interbedded with coarser-grained sandstone. Plate 6 shows the depth to bedrock is 101 to 125 feet from the land surface to the bedrock surface over most of the site. Depth to bedrock increases to 126 to 150 feet along the western edge of the site (MGS, 2020).3 Surficial Geology The Geologic Atlas of Hennepin County, C-45, Part A, Plate 3, shows the surficial geology consists of peat, fine-grained lake sediment, and artificial fill associated with the New Ulm Formation (MGS, 2020). The peat and fine-grained lake sediment layers generally correspond to the delineated boundary of Wetland WB-05. These layers consist of partially decomposed plant matter and fine-grained organic matter laid down in current and former lake basins or other areas of non-flowing water (Steenberg, 2018).4 The pollution sensitivity of near surface materials is predominantly low to moderate, with a rating of low over two-thirds of the western portion of the site and moderate over one-third of the eastern portion. There is a small area rated as high in the northeastern portion of the site. The sensitivity to pollution of near-surface materials is an estimate of the time it takes for water to infiltrate the land surface to a depth of 10 feet. Generally, areas of course-grained material have a higher sensitivity to pollution compared to areas of fine-grained material, except where special conditions (karst, bedrock at or near the surface, disturbed lands, and peatlands) occur. No special conditions are mapped within the Project area (Adams, 2016).5 Aquifers Minnesota is divided into six groundwater provinces based on bedrock and glacial geology. The aquifers within these provinces occur in two general geologic settings: bedrock, and unconsolidated sediments deposited by glaciers, streams, and lakes. The Project is within the East-Central Province where surficial and buried sand and gravel aquifers are common. These aquifers are underlain by thick and extensive sandstone and carbonate (Paleozoic) and (Precambrian) sandstone aquifers (MNDNR, 2021).6 3 Minnesota Geological Survey. 2020. Hennepin County Geologic Atlas Story Map. Updated August 7, 2020. Available at: https://mngs-umn.opendata.arcgis.com/apps/county-geologic-atlas-counties-with-story-maps/explore 4 Steenberg, Julia R.; Bauer, Emily J; Chandler, V.W.; Retzler, Andrew J; Berthold, Angela J; Lively, Richard S. (2018). C-45, Geologic Atlas of Hennepin County, Minnesota. Minnesota Geological Survey. Retrieved from the University of Minnesota Digital Conservancy. Available at: https://hdl.handle.net/11299/200919. 5 Adams, R. 2016. Pollution sensitivity of near-surface materials: St. Paul, Minnesota Department of Natural Resources, Minnesota Hydrogeology Atlas Series HG-02, report and plate. Available at: https://www.dnr.state.mn.us/waters/programs/gw_section/mapping/platesum/mha_ps-ns.html. 6 MNDNR. 2021g. Groundwater Provinces of Minnesota. Available at: https://files.dnr.state.mn.us/waters/groundwater_section/provinces/2021-provinces.pdf. Accessed April 2021. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 12 Karst In Minnesota, surface karst features (sinkholes, caves, stream sinks, and karst springs) primarily occur where 50 feet or less of unconsolidated material overlie Paleozoic carbonate bedrock and St. Peter Sandstone. While the project area is located over the St. Peter Sandstone, depth to bedrock is greater than 50 feet, and no karst features are mapped in the vicinity of the site (MNDNR, 2020).7 The nearest mapped karst feature is located over 5 miles south of the Project area near the Minnesota River. Topography/Land Forms Topographic mapping indicates that elevations on the site range between 862 to 874 feet above mean sea level in the western portion, and between 858 to 874 in the eastern portion. Higher elevations are associated with small woodlands scattered throughout the site, and the lower elevations are associated with wetlands. There are no known geologic hazards, sinkholes, or other conditions that would require mitigation measures on the Project area. b. Soils and topography – Describe the soils on the site, giving NRCS (SCS) classifications and descriptions, including limitations of soils. Describe topography, any special site conditions relating to erosion potential, soil stability or other soils limitations, such as steep slopes, highly permeable soils. Provide estimated volume and acreage of soil excavation and/or grading. Discuss impacts from project activities (distinguish between construction and operational activities) related to soils and topography. Identify measures during and after project construction to address soil limitations including stabilization, soil corrections or other measures. Erosion/sedimentation control related to stormwater runoff should be addressed in response to Item 11.b.ii. Soils The USDA NRCS Web Soil Survey 8 indicates the Project area includes four mapped soil units (Exhibit 7). Table 10.1 summarizes several characteristics including erosion hazards, hydrologic groups, hydric ratings, and K Factors. Table 10.1: Soils Classification Map Unit Symbol Map Unit Name Acres Erosion Hazard1 Hydrologic Group2 Hydric Rating3 K Factor4 L2B Malardi-Hawick complex, 1 to 6 percent slopes 1.3 Slight A 0% Hydric 0.24 L50A Muskego and Houghton soils, 0 to 1 percent slopes 9.1 Slight C/D 100 % Hydric -- L62D2 Koronis-Kingsley-Malardi complex, 12 to 18 percent slopes, eroded 0.1 Severe A 10% Hydric 0.20 L62E Koronis-Kingsley-Malardi complex, 18 to 35 percent slopes 1.2 Severe A 10% Hydric 0.20 7 Minnesota Department of Natural Resources. 2016. Minnesota Regions Prone to Surface Karst Feature Development. Available at: https://files.dnr.state.mn.us/waters/groundwater_section/mapping/gw/gw01_report.pdf 8 USDA NRCS. 2021. Web Soil Survey. Available at: http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 13 Table 10.1: Soils Classification Map Unit Symbol Map Unit Name Acres Erosion Hazard1 Hydrologic Group2 Hydric Rating3 K Factor4 U1A Urban land-Udorthents, wet substratum, complex, 0 to 2 percent slopes 3.6 Not Rated -- 0% Hydric -- 1 Slight = erosion is unlikely under ordinary climatic conditions; Moderate = some erosion is likely and that erosion-control measures may be needed; Severe = erosion is very likely; and Very Severe = significant erosion is expected. 2 A = high infiltration rate, low runoff potential; B = moderate infiltration rate; C = slow infiltration rate; and D = very slow infiltration rate, high runoff potential. 3 The percentage of map units that meets the criteria for hydric soils. The Koronis-Kingsley-Malardi complex is only hydric in drainageways. 4 K Factor indicates the susceptibility of a soil to sheet and rill erosion by water. Values of K range from 0.02 to 0.69. Other factors being equal, the higher the value, the more susceptibility the soil is to erosion. Topography As mentioned in EAW Item 10a, elevations on the site range between 862 to 874 feet above mean sea level in the western portion, and between 858 to 874 in the eastern portion. Two-foot contour mapping shows the highest elevations generally occur in the northwestern portion of the project area. Contour mapping indicates that the overall surface topography generally slopes downward from the northwest to southeast across the site. Current site runoff generally flows south/southeast overland and into the wetlands. Soil Excavation and/or Grading It is anticipated that construction will entail approximately 23,000 cubic yards of earthwork with a disturbed area of 6.65 acres. Soil will be graded for streets, buildings, garage access, trails, and stormwater features. Because the project will involve disturbance of more than one acre of land, application for coverage under the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) General Permit will be submitted to the MPCA prior to initiating earthwork on the site. This permit is required for discharge of stormwater during construction activity and requires that Best Management Practices (BMPs) be implemented. Additionally, Nine Mile Creek Watershed District requires an Erosion and Sediment Control permit for excavation of 50 cubic yards or more of earth, or alteration of 5,000 square feet or more of surface area or vegetation. Erosion and sedimentation control BMPs related to stormwater runoff are discussed in greater detail within Item 11.b.ii. Braun Intertec (Braun) completed a Geotechnical Evaluation in March 2007 for a previously proposed 4-story office building and associated parking ramp in the northeast portion of the project area. The purpose of the geotechnical work was to aid in evaluating the soils and groundwater prior to site development. Braun conducted 22 penetration test borings to a depth of 20 to 40 feet in the area around the office building and parking ramp. The soil borings generally encountered a layer of fill which consisted primarily of clays intermixed with some granular soils and variable amounts of organic material. The fill thickness ranged from approximately 6 to 15 feet. In addition, 3 borings were taken in the parking ramp area where a previous building pad was constructed in 1998. At these boring locations, sand fill was encountered to the underlying natural glacial outwash sands, and all organic soils were removed and replaced with compacted, engineered sand backfill. Boring information will be used going forward to inform proper site design and any necessary field accommodations to be implemented during project construction. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 14 Data from these borings, and the ones completed in April 2021 described later in this report, will be used to confirm final design assumptions in relation to groundwater levels across the site. NOTE: For silica sand projects, the EAW must include a hydrogeologic investigation assessing the potential groundwater and surface water effects and geologic conditions that could create an increased risk of potentially significant effects on groundwater and surface water. Descriptions of water resources and potential effects from the project in EAW Item 11 must be consistent with the geology, soils and topography/land forms and potential effects described in EAW Item 10. 11. Water resources a. Describe surface water and groundwater features on or near the site in a.i. and a.ii. below. i. Surface water - lakes, streams, wetlands, intermittent channels, and county/judicial ditches. Include any special designations such as public waters, trout stream/lake, wildlife lakes, migratory waterfowl feeding/resting lake, and outstanding resource value water. Include water quality impairments or special designations listed on the current MPCA 303d Impaired Waters List that are within 1 mile of the project. Include DNR Public Waters Inventory number(s), if any. Prior to delineating the site, the Minnesota Department of Natural Resources (MNDNR) Public Water Inventory Map (PWI), the Hennepin County Soil Survey Map, the National Hydrography Dataset (NHD), and the latest version of the National Wetland Inventory (NWI) Map were reviewed. Westwood Professional Services (Westwood) delineated wetlands on the project area on August 13, 2019. Three wetlands were delineated totaling 5.6 acres. Wetlands WB-03, WB- 04, and WB-05 are shown on Exhibit 8. Westwood conducted these delineations to identify any jurisdictional lakes, streams, wetlands, intermittent channels, and county/judicial ditches. Wetlands WB-04 and WB-05 contain mitigation areas as the result of an earlier wetland impact mitigation plan. Minnesota Rapid Assessments were completed on July 13, 2021, for wetlands WB-03, WB-04, WB-05, and their associated mitigation areas. The mitigation areas were both classified as Manage 1, while portions of wetlands WB-04 and WB-05 were classified as Manage 2. Wetland WB-03 was classified as Manage 3. Table 11.1 summarizes the delineated features. There are no known trout streams/lakes, wildlife lakes, migratory waterfowl feeding/resting lakes, or outstanding resource value waters within the project area. Table 11.1: Delineated Wetlands Features Wetland ID WB-03 WB-04 WB-05 City Wetland ID 01-34-F 01-34-A 01-34-A Size (Acres) 0.16 0.73 4.7 Wetland Type Type 3/6 PEMC/PSSB; shallow marsh/shrub- carr Type 2/3 PEMB/PEMC; wet meadow/shallow marsh Type 3/4 PEMC/PEMF; shallow marsh/deep marsh Mapped Soils Urban land-Udorthents Muskego and Houghton Muskego and Houghton Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 15 Table 11.1: Delineated Wetlands Features Wetland ID WB-03 WB-04 WB-05 Vegetation (Wetland) Sandbar willow (Salix interior), hybrid cattail (Typha x glauca) Hybrid cattail (Typha x glauca) Hybrid cattail (Typha x glauca), duckweed (Lemna minor) Vegetation (Upland) Canada goldenrod (Solidago canadensis), Canada thistle (Cirsium arvense), crown vetch (Coronilla varia) Canada thistle (Cirsium arvense), Canada goldenrod (Solidago canadensis), Kentucky bluegrass (Poa pratensis), common milkweed (Asclepias syriaca) Staghorn sumac (Rhus typhina), common buckthorn (Rhamnus cathartica), common burdock (Arctium minus), Canada goldenrod (Solidago canadensis), Virginia creeper (Parthenocissus quinquefolia) No MNDNR public waters are located within the project boundary. One soil unit (Muskego and Houghton) is mapped as “all hydric” and corresponds to delineated wetlands WB-04 and WB-05. NHD mapping identified one intermittent stream that traversed the southeastern portion of the project area, which was not observed during the field wetland delineation in August 2019. Additionally, one NHD waterbody is identified in the central portion of the project area and is associated with delineated wetland WB-05. NWI mapping identified a Riverine system that crosses the southeastern portion of the project area and corresponds an NHD intermittent stream. Neither feature was observed during the 2019 wetland delineation and field review. NWI mapping also identified five wetlands that cover the eastern half of the project area. These wetlands generally correspond to delineated wetlands WB-4 and WB-5. Impaired Waters According to the 2020 Minnesota Impaired Waters List and the MPCA’s impaired waters viewer (IWAV)9, no impaired waters are located within the project boundary. Smetana Lake (AUID: 27-0073-00) located approximately 0.84miles south of the project area is listed as impaired for aquatic consumption and has a Total Maximum Daily Load (TMDL) approved for Mercury in fish tissue. A TMDL is the calculation of the maximum amount of a pollutant allowed to enter a waterbody so that the waterbody will meet and continue to meet water quality standards for that pollutant (https://www.epa.gov/tmdl/overview-total-maximum- daily-loads-tmdls). Additionally, a segment of the South Fork of Nine Mile Creek (AUID: 07020012-723) located approximately 0.85miles south of the project area is listed as impaired for aquatic life. ii. Groundwater – aquifers, springs, seeps. Include: 1) depth to groundwater; 2) if project is within a MDH wellhead protection area; 3) identification of any onsite and/or nearby 9 Minnesota Pollution Control Agency (MPCA). 2020. Impaired Waters Viewer (IWAV). Impaired Waters: draft 2020. Available online at https://www.pca.state.mn.us/water/impaired-waters-viewer-iwav. Accessed August 2021. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 16 wells, including unique numbers and well logs if available. If there are no wells known on site or nearby, explain the methodology used to determine this. Aquifers are discussed in detail in EAW Item 10. No springs or seeps were identified in the project area during the field wetland delineation conducted in August 2019. According to the Minnesota DNR’s Springs in Minnesota GIS Shapefile, no springs are present in the project area. The nearest spring is located greater than one mile away from the project, along the northern boundary of Lake Smetana. 1. Depth to Groundwater According to the Geotechnical Evaluation completed by Braun, depth to groundwater ranged from approximately 9 to 23 feet below grade. Immediately after, or within one day of withdrawing the auger, the groundwater was encountered at depths ranging from approximately 6 to 7.5 feet below grade. Based on the boring results, groundwater is close to the existing grade or the adjacent wetlands or near elevations 856 to 858. Additionally, Braun conducted groundwater monitoring at 3 wells on April 26, 2021. Based on the observations, depth to groundwater is between 7 and 10 feet in the area monitored. Table 11.2 summarizes the observations at the 3 monitoring wells. Table 11.2: Groundwater Observations Monitoring Well Elevation at Ground Level (feet MSL) Groundwater Elevation on April 26, 2021 Depth of Groundwater (feet) ST-101 865.6 858.6 7.0 ST-102 866.0 858.1 7.9 ST-103 866.9 857.1 9.8 2. MDH Wellhead Protection Area The Minnesota Department of Health’s Source Water Protection Web Map Viewer10, provides information on Wellhead Protection Areas, Drinking Water Supply Management Areas and Vulnerability ratings, and Emergency Response Areas. Wellhead Protection Areas (WHPAs) are areas surrounding public water supply wells that contribute groundwater to the well. In these areas, contamination on the land surface or in water can affect the drinking water supply. The project is located within the Bloomington WHPA. Drinking Water Supply Management Areas (DWSMAs) are areas containing the WHPA but outlined by clear boundaries, like roads or property lines. The DWSMA is managed in Eden Prairie’s 2015 Wellhead Protection Plan. DWSMA vulnerability indicates how likely it is that contamination in the DWSMA can reach the public water supply intake. The Project is located within the Bloomington and Edina DWSMA. Bloomington is considered to have low vulnerability to contamination and Edina moderate. 10 Minnesota Department of Health. https://www.health.state.mn.us/communities/environment/water/swp/mapviewer.html Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 17 Emergency Response Areas (ERAs) are areas surrounding public water supply wells where water has a one-year travel time to the well. ERAs are used to prioritize and manage potential contamination sources in the DWSMA. The project area is not within an ERA. 3. Wells According to the Minnesota Geological Survey’s County Well Index, there are no recorded wells on the project area. There are 8 registered wells within approximately one-half mile of the project boundary that are used for domestic water supply, monitoring, and irrigation. The well logs indicate that static water levels in these wells range from 29.5 feet to 90 feet below the land surface with a depth to bedrock range from 100 to 201 feet. Well logs are in Appendix A. Table 11.3: County Well Index Well ID Use Status Static Water Level (feet) Depth to Bedrock (feet) 203135 Domestic Active 30 120 205893 Domestic Active 45 201 436199 Monitoring Active 29.5 Unknown 436200 Monitoring Active 33 Unknown 446976 Monitoring Active 37 Unknown 453773 Domestic Unknown 78 236 505100 Irrigation Active 90 100 624931 Domestic Sealed 35 Unknown b. Describe effects from project activities on water resources and measures to minimize or mitigate the effects in Item b.i. through Item b.iv. below. i. Wastewater - For each of the following, describe the sources, quantities and composition of all sanitary, municipal/domestic and industrial wastewater produced or treated at the site. 1) If the wastewater discharge is to a publicly owned treatment facility, identify any pretreatment measures and the ability of the facility to handle the added water and waste loadings, including any effects on, or required expansion of, municipal wastewater infrastructure. Only normal domestic wastewater production is expected from the project. The types of wastewaters produced will be typical of new residential developments. No on-site municipal or industrial wastewater treatment is anticipated or planned. Because wastewater is from domestic sources, pre-treatment measures have not been contemplated. According to the City’s Water Resources and Infrastructure Plan (2019), the site is located within an area already staged for MUSA expansion. The project is in the Bryant Lake Sewershed District. The existing average flow in Bryant Lake District is approximately 1.00 million gallons/day (MGD). Future flow projections indicate the Bryant Lake District will manage an average flow of 1.17 MGD by 2030. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 18 The existing sanitary sewer line will be removed and replaced with new 12-inch sanitary sewer stubs from the buildings. These stubs will combine on-site and connect to the existing 15-inch gravity trunk sewer along the eastern edge of Flying Cloud Drive. The sanitary sewer system flows south and ultimately flows to the MCES Blue Lake wastewater treatment plant (WWTP) located along the Minnesota River in Shakopee. The Blue Lake WWTP includes liquid treatment facilities which include screening and grit removal, primary clarifiers, nitrifying activated sludge with biological phosphorus removal, final clarifiers, and an effluent polishing pond and disinfection, and solid treatment facilities which include sludge thickening, digestion, dewatering and drying, and fertilizer pellet production. The effluent treated and then discharged to the Minnesota River. Based on the Blue Lake WWTP Improvements Facility Plan, the plant has an annual average flow of 27.5 million gallons of wastewater per day (MGD) and serves a population of 300,000. By 2040, the plant is projected to have an annual average flow of 39 MGD and serve a population of 431,226. The Metropolitan Council is proposing improvements to the Blue Lake WWTP in response to anticipated growth and development in the Blue Lake Service Area. Consequently, no wastewater facility or treatment capacity issues are anticipated (Thrive 2040). The Project is proposed to have similar density to what is presented in the Aspire Eden Prairie 2040 Land Use Plan and will therefore generate the anticipated sanitary sewer flow to the critical trunk sewer sections that is anticipated by the City of Eden Prairie Water Resources and Infrastructure Plan. Using the Metropolitan Council’s 2021 Sewer Availability Charge Procedure Manual, maximum demand was conservatively calculated using the formula of 1 SAC unit = 274 gallons per day of capacity for residential units. The project is anticipated to generate a maximum of 116,450 gallons per day (GPD) or 42.5 MGY (274 x 425 x 365). Based on these calculated flows, it is not anticipated that development of the Project will negatively impact the waste loadings of the meter districts. 2) If the wastewater discharge is to a subsurface sewage treatment system (SSTS), describe the system used, the design flow, and suitability of site conditions for such a system. Wastewater discharge will not be to a subsurface sewage treatment system (SSTS). 3) If the wastewater discharge is to surface water, identify the wastewater treatment methods and identify discharge points and proposed effluent limitations to mitigate impacts. Discuss any effects to surface or groundwater from wastewater discharges. Wastewater discharge is not to surface water. No effects are anticipated to surface or groundwater as effluent will be directed to a publicly owned treatment facility. ii. Stormwater – Describe the quantity and quality of stormwater runoff at the site prior to and post construction. Include the routes and receiving water bodies for runoff from the site (major downstream water bodies as well as the immediate receiving waters). Discuss any environmental effects from stormwater discharges. Describe stormwater pollution prevention plans including temporary and permanent runoff controls and potential BMP site locations to manage or treat stormwater runoff. Identify specific erosion control, Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 19 sedimentation control or stabilization measures to address soil limitations during and after project construction. The development must comply with stormwater management, wetland conservation, floodplain, shoreland, and public waters requirements administered by the City of Eden Prairie, the NMCWD, the Board of Water and Soil Resources (Wetland Conservation Act), the Federal Emergency Management Agency (FEMA), the Department of Natural Resources (DNR), and the MPCA through the National Pollutant Discharge Elimination System (NPDES) General Construction Permit. Eden Prairie is a mandatory small MS4 (Municipal Separate Storm Sewer System) city and is required by federal and state law to obtain and implement a NPDES Stormwater permit administered by the MPCA. MS4s are required to develop and implement a stormwater pollution prevention plan program (SWPPP) and submit an annual report to the MPCA. Pre-Construction Site Runoff Existing site runoff from the project area likely contains runoff from the adjacent buildings and parking lots. Runoff primarily drains towards the three wetlands located onsite. It is expected that a portion of the runoff infiltrates into the site’s soils, but the majority of runoff likely leaves the site via overland flow. Post-Construction Site Runoff The change in land use will decrease the amount of suspended solids and increase other components typical of urban runoff. It is expected that the volume of runoff will increase during significant storm events as a result of the increase in impervious surface area. The preservation and creation of open space in the form of buffers, woodlands, and wetlands will help to mitigate potential adverse effects from the increase in impervious surface. Runoff water quality will be typical of high-density residential developments and will likely be slightly degraded due to pollutants deposited on streets, roofs, parking lots, and other impervious surfaces. Similar to current conditions, sediment, nutrient, and other pollutant removal will occur when much of the stormwater filters through upland vegetation, vegetated drainage swales, and other best management practices. Preserved and newly seeded vegetation will provide filter strips to help remove sediment and nutrients before runoff discharges to area wetlands and surface waters, mitigating potential effects on water quality. Potential adverse effects of runoff volume and quality will be further mitigated by the construction of an underground stormwater system, which will be designed to reduce peak runoff rates and urban pollutants to meet the requirements of the City of Eden Prairie and the NMCWD. The design of the underground stormwater system and the quality of stormwater discharging from the development will meet the requirements of the MPCA General Stormwater Permit for Construction Activity (Minnesota Stormwater Manual), and applicable local regulations. In a storm event, stormwater will be retained in the system and discharged at or below existing peak runoff rates. BMPs will be employed during construction to reduce erosion and sediment loading of stormwater runoff. Inspection and maintenance of BMPs during construction will be Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 20 consistent with NPDES/SDS General Permit requirements, including site inspection after rainfall events, perimeter sediment control maintenance, and sediment removal. Volume Control (Infiltration) The NMCWD requires that 1.1 inches of runoff from the 4.0 acres of new impervious surface be retained onsite via acceptable BMPs such as those described in the Minnesota Minimal Impact Design Standards (MIDS). The estimated volume reduction of 0.37 ac-ft is proposed to be provided through the use of an underground stormwater system using perforated pipe. The site is composed primarily of soils from Hydrologic Soil Group A where stormwater management features are planned. Soils in hydrologic group A have a high to moderate rate of infiltration and a low to moderate rate of runoff. An underground stormwater system pipe will be used on site to infiltrate the required abstraction volume. Acceptable pretreatment BMPs, such as those described in the MIDS, will be implemented upstream of all volume control BMPs. The NMCWD has a credit system for incorporating volume control in site design. For instance, credit can be provided for disconnecting impervious surfaces, using swales instead of pipes, amending soils, restoring prairies/forests, etc. The project proposer will work closely with both the City and the NMCWD as the project progresses to identify possible credit opportunities for addressing volume control. Rate Control The NMCWD requires rate control to limit peak runoff flow rate to that from existing conditions for the 2-, 10-, and 100-year frequency storm events using a nested 24-hour rainfall distribution (Atlas-14) for all collections points where stormwater discharge leaved the site. The majority of rate control on the project will take place within the underground stormwater system. The BMP will discharge to the existing onsite wetland (WB-05), similar to existing conditions. Because of the temperature buffering capabilities of wetlands downstream of the project, thermal pond heating is not anticipated to be a problem for the project. Water Quality The NMCWD requires at least 60% annual removal efficiency for total phosphorus (TP) and at least 90% annual removal efficiency for total suspended solids (TSS). This will be met through the use of the proposed volume reduction BMP. Acceptable pretreatment BMPs, such as those described in the MIDS, will be implemented upstream of all volume control BMPs. Vegetative buffers will provide water quality treatment for trails that discharge directly to the wetlands. Buffer Requirements The project area contains three wetlands classified by the city of Eden Prairie as low quality. MnRAM functional assessments have been completed for the wetlands on site and buffer requirements have been updated to meet NMCWD requirements. Wetlands WB-04 and WB-05 both contain 40-foot average buffers and wetland WB-03 contains a 25-foot average buffer which comply with NMCWD buffer requirements. These buffers will be marked on the site by free standing markers as required by NMCWD. Wetlands identified in the project area will adhere to NMCWD wetland buffer requirements as described in the watershed district’s 2018 Nine Mile Creek Watershed District Rules Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 21 (May 2018). The wetland buffer standards require 60 feet, 40 feet, and 20 feet average buffer widths and 30 feet, 20 feet, and 10 feet minimum buffer widths for wetlands rated as high, medium, and low, respectively. Receiving Waters The goal of the project is to maintain peak discharge rates at or below the existing condition and maintain volumes to the existing wetlands on site. Post-construction drainage will follow similar pathways, with minor differences in drainage routes. Post- development stormwater runoff will travel through storm sewers prior to discharging to receiving waters. Other BMPs, such as infiltration technologies, will be considered as project designs advance and are discussed above under volume control. For the following reasons, it is anticipated that site development will have minimal effects on receiving water quality: • Preservation and creation of approximately 11.3 acres of buffers, woodlands, wetlands, parks and open space, and • Hydraulic storage within an underground system will be designed, and BMPs implemented, in accordance with the General NPDES/SDS Permit for Construction Activities to protect water quality and control erosion. Stormwater and Erosion Control BMPs Because the project will involve disturbance of more than one acre of land, application for coverage under the National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) General Permit will be submitted to the MPCA prior to initiating earthwork on the site. This permit is required for discharge of stormwater during construction activity and requires that Best Management Practices (BMPs) be used to control erosion, and that erosion controls be inspected after each rainfall exceeding 0.5 inch in 24 hours. Erosion control practices that will be implemented on the site include: 1. Construction of temporary sediment basins in the locations proposed for stormwater ponding, and development of these basins for permanent use following construction. 2. Volume control for increase of impervious exceeding an acre, where feasible, 3. Silt fence and other erosion control features installed prior to initiation of earthwork and maintained until viable turf or ground cover is established on exposed areas. 4. Periodic street cleaning and installation of a rock construction entrance to reduce tracking of dirt onto public streets. 5. Stabilization of exposed soils, phased with grading, within 7 days due to proximity to impaired waters. 6. Energy dissipation, such as riprap, installed at storm sewer outfalls. 7. Use of cover crops, native seed mixes, sod, and landscaping to stabilize exposed surface soils after final grading. Erosion control plans must be reviewed and accepted by the City of Eden Prairie and the NMCWD prior to project construction. Because the above BMPs will be implemented Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 22 during and after construction, potential adverse effects from construction-related sediment and erosion on water quality will be minimized. iii. Water appropriation – Describe if the project proposes to appropriate surface or groundwater (including dewatering). Describe the source, quantity, duration, use and purpose of the water use and if a DNR water appropriation permit is required. Describe any well abandonment. If connecting to an existing municipal water supply, identify the wells to be used as a water source and any effects on, or required expansion of, municipal water infrastructure. Discuss environmental effects from water appropriation, including an assessment of the water resources available for appropriation. Identify any measures to avoid, minimize, or mitigate environmental effects from the water appropriation. Surface/Groundwater Appropriations and Dewatering The project is not proposing new water wells, and no surface waters will be appropriated. According to the County Well Index (CWI) record no wells exist on the site and no wells were identified on the land title survey. If other unidentified wells are discovered on the property, they will be field located, abandoned, and sealed in accordance with Minnesota Department of Health (MDH) regulations prior to site development. A Well and Boring Sealing Record will be provided to the MDH by the contractor when the work is completed. Construction dewatering is anticipated as surficial groundwater may be encountered during utility installation. As indicated in the Geotechnical Evaluation Report, there may be areas of elevated groundwater on the site (between 9 and 23 feet below the ground surface based on nine boring locations). Areas of elevated groundwater will likely require dewatering during construction. Groundwater data from this report will be used to address building pad elevations and freeboard requirements. The quantity and duration of potential construction dewatering is not known at this time, but it is expected that any such dewatering would be limited and temporary. If groundwater is encountered during utility installation, it would be discharged to temporary sediment basins located within the project area. If construction dewatering and pumping from the proposed development exceeds the 10,000-gallon per day or 1,000,000 gallons per year thresholds, a DNR Water Appropriation Permit will be obtained by the chosen utility contractor. If it becomes apparent that construction dewatering will not exceed 50 million gallons in total and duration of one year from the start of pumping, the contractor or project proposer will apply to the DNR Division of Waters for coverage under the amended DNR General Permit 97-0005 for temporary water appropriations. It is not anticipated that construction dewatering or pumping from the proposed development will be extensive or impact nearby domestic or municipal wells. Connection to a public water supply system According to the Eden Prairie website, water in the city is supplied from 15 wells that draw from the Jordan-Prairie du Chien aquifers permitted by the DNR for water appropriations. The total operating capacity of the wells is 32.8 MGD, with a firm supply operating capacity of 19.3 MGD. Water from the wells is distributed through more than 326 miles of existing water mains. Historically, daily water pumping in the city has Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 23 ranged from a low of 6 million gallons per day (MGD), and a high of 22 MGD. Per capita use in the city is estimated at approximately 74 gallons per day. The estimated average water demand for the proposed development is 46.8 MGY (128,095 gallons per day) based on the assumption that consumption is approximately 110 percent of wastewater generation (see Item 11). Consequently, there are no water supply issues anticipated as a result of adding the development to the city’s water supply system. Water will be supplied to the development via the Eden Prairie municipal water supply system. The existing 8-inch watermain stub will become part of the new 6-inch watermain loop around Buildings 1A and 1B along the road/trail and will connect to the existing 8-inch watermain in two locations along Flying Cloud Drive. The proposed buildings will be serviced separately with new 6-inch domestic and new 8-inch fire stubs installed at two locations along Flying Cloud Drive. iv. Surface Waters a) Wetlands – Describe any anticipated physical effects or alterations to wetland features such as draining, filling, permanent inundation, dredging and vegetative removal. Discuss direct and indirect environmental effects from physical modification of wetlands, including the anticipated effects that any proposed wetland alterations may have to the host watershed. Identify measures to avoid (e.g., available alternatives that were considered), minimize, or mitigate environmental effects to wetlands. Discuss whether any required compensatory wetland mitigation for unavoidable wetland impacts will occur in the same minor or major watershed and identify those probable locations. The project has been designed to avoid wetland impacts; therefore, no alternatives were considered, and compensatory mitigation is not required. Based on communications with the city and NMCWD, the Applicant is proposing several enhancements to the existing boardwalk, construction of new boardwalk, construction of new public nature trails, interpretive natural trail signage, and an additional conservation easement. A Minnesota Wetland Conservation Act (WCA) No Loss determination will be needed and pursued for the boardwalk prior to construction. Water resources within the project area will be regulated under: • The Minnesota Wetland Conservation Act of 1991, as amended, administered in this area by the Nine Mile Creek Watershed District, • The NMCWD Floodplain and Drainage Alteration Rule, Wetlands Management Rule, Stormwater Management Rule, and Erosion and Sediment Control Rule, • Chapter 11, Section 11.51, Standards for the Protection of Wetlands, of the Eden Prairie City Code as administered by the City of Eden Prairie, • Chapter 11, Section 11.55, Land Alteration, Tree Preservation, and Stormwater Management Regulations, of the Eden Prairie City Code as administered by the City of Eden Prairie, • Section 404 and 401 of the Federal Clean Water Act administered by the U.S. Army Corps of Engineers and the Minnesota Pollution Control Agency. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 24 b) Other surface waters – Describe any anticipated physical effects or alterations to surface water features (lakes, streams, ponds, intermittent channels, county/judicial ditches) such as draining, filling, permanent inundation, dredging, diking, stream diversion, impoundment, aquatic plant removal and riparian alteration. Discuss direct and indirect environmental effects from physical modification of water features. Identify measures to avoid, minimize, or mitigate environmental effects to surface water features, including in-water Best Management Practices that are proposed to avoid or minimize turbidity/sedimentation while physically altering the water features. Discuss how the project will change the number or type of watercraft on any water body, including current and projected watercraft usage. In-water Best Management Practices to avoid or minimize turbidity/sedimentation while constructing the boardwalk (such as silt fence, bio rolls and silt booms) will be described in the project SWPPP and deployed as needed. The project area does not encompass recreational surface waters, and therefore will not change the number or type of watercraft on any waterbody. 12. Contamination/Hazardous Materials/Wastes a. Pre-project site conditions – Describe existing contamination or potential environmental hazards on or in close proximity to the project site such as soil or ground water contamination, abandoned dumps, closed landfills, existing or abandoned storage tanks, and hazardous liquid or gas pipelines. Discuss any potential environmental effects from pre-project site conditions that would be caused or exacerbated by project construction and operation. Identify measures to avoid, minimize or mitigate adverse effects from existing contamination or potential environmental hazards. Include development of a Contingency Plan or Response Action Plan. A search for known environmental hazards and conditions was completed for the Blue Stem Plaza Mixed-Use Development. Database searches using the Minnesota Pollution Control Agency’s (MPCA) What’s In My Neighborhood and the U.S. Environmental Protection Agency’s (EPA) MyEnvironment were conducted. The MPCA What’s In My Neighborhood online database indicated no sites on the project area. Within 0.25 miles of the project, 47 active or past environmental hazard sites were recorded. The sites were identified due to the following activities: aboveground tanks, a brownfield voluntary investigation and cleanup, construction stormwater permits, hazardous waste sites, industrial stormwater sites, and various multiple activity sites. The project is not anticipated to impact, nor exacerbate, any of the aforementioned environmental hazards on other properties. The EPA, MyEnvironment online database revealed that no environmental hazards have been documented in the project area. Thirty-eight hazardous waste sites were identified within the 0.25-mile buffer. Two toxic releases to air sites were identified within 0.25 miles of the project. One toxic substances site was also recorded in the 0.25-mile buffer. Note that the brownfield voluntary cleanup and investigation site was not depicted on the MyEnvironment map. It is not anticipated that project development will impact, nor exacerbate, the hazardous waste conditions, toxic releases to air, or toxic substances of other properties located adjacent to the site. A Phase I Environmental Site Assessment was completed for the project in May 2021 by Wenck, a Stantec Company. No Recognized Environmental Conditions (RECs) or Historical Recognized Environmental Conditions (HRECs) were identified in the project area. However, the historical use of the property as an auto salvage yard in operation from 1951 to 1980 is considered a Controlled Recognized Environmental Condition (CREC) based on soil and groundwater impacts Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 25 associated with the operation. Between October 2007 and June 2009, approximately 2,280 tons of impacted soil and 285 tons of auto parts and debris were removed from the site. A No Further Action Letter was issued by the MPCA for the soil at the property in October of 2009. The No Further Action Letter did not issue a response as to the groundwater conditions, but the Phase I ESA states that none of the historical groundwater sampling identified any significant constraints. There are no septic systems, wells, abandoned dumps, closed landfills, abandoned storage tanks or hazardous liquid or gas pipelines known to exist within the project area. Given the mitigation of known hazards on site, supplemental measures to avoid, minimize, or mitigate effects from existing contamination have not been considered. In the event that environmentally hazardous conditions are identified during site construction, measures will be taken to ensure that project development and operation does not exacerbate contamination or generate new environmental hazards. b. Project related generation/storage of solid wastes - Describe solid wastes generated/stored during construction and/or operation of the project. Indicate method of disposal. Discuss potential environmental effects from solid waste handling, storage and disposal. Identify measures to avoid, minimize or mitigate adverse effects from the generation/storage of solid waste including source reduction and recycling. Construction activities will generate wastes typical of residential development operations. No solid or hazardous wastes, including solid animal manure, sludge, and ash, will be produced during construction and/or operation. The contractor will dispose of wastes generated at the site in an approved method by using commercial dumpsters and disposing construction wastes at an MPCA-permitted landfill. The contractor will minimize and mitigate adverse effects from the generation and storage of solid waste by recycling construction waste that can be recycled, when feasible. Following project construction, solid waste generation will be typical of occupied residential developments of this size. The majority of the solid waste generated will include materials such as paper, organics (food wastes), yard waste, and inert solids. The remaining wastes will likely include plastics, metals, and glass. According to the Metropolitan Solid Waste Management Policy Plan 2016-2036 (MPCA, 2017), the Minnesota per capita rate for waste generation is approximately 1.13 tons per year. Population and household estimates for the Twin Cities 7-County Region project that in 2020 the population is 3,168,000 with 1,237,000 households According to the Comprehensive Plan, the City of Eden Prairie anticipated an average household size of 2.55 in the year 2024. The household occupant number was then multiplied by 1.13 tons per person per year, based on the MPCA estimate for Minnesota families. Using these conservative figures, the proposed development could generate as much as 1,224 tons (425 units X 2.56 people/unit X 1.13 tons/person/year) of residential municipal solid waste per year. Residents within the new development will make use of the residential development’s solid waste and recycling services located in both of the proposed residential buildings. Collection of mixed municipal solid waste as a result of operating the Project will be collected by a City and County licensed waste hauler. According to the City’s web page, there are currently five licensed residential and/or commercial waste haulers. Participation in the recycling program by future residents is expected to reduce costs for solid waste trucking and disposal, and generally minimize and mitigate adverse effects from the generation and storage of solid waste. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 26 c. Project related use/storage of hazardous materials – Describe chemicals/hazardous materials used/stored during construction and/or operation of the project including method of storage. Indicate the number, location and size of any above or below ground tanks to store petroleum or other materials. Discuss potential environmental effects from accidental spill or release of hazardous materials. Identify measures to avoid, minimize or mitigate adverse effects from the use/storage of chemicals/hazardous materials including source reduction and recycling. Include development of a spill prevention plan. It is not anticipated that the proposed project will generate, or require storage of, significant amounts of wastes that would be considered hazardous aside from typical household cleaners, paints, lubricants, and fuel storage for small power equipment. Toxic or hazardous materials such as fuel for construction equipment and materials used during the normal construction process of residential units (paint, adhesives, stains, acids, bases, herbicides, and pesticides) will likely be used in typical quantities during site preparation and unit construction. These materials will be properly stored during on-site use and according to state and federal regulations to prevent accidental spill or release of hazardous materials. Builders and contractors are responsible for proper management and disposal of wastes generated during construction, which is typically handled by using construction dumpsters and the appropriate certified landfills. The contractor will minimize and mitigate adverse effects from the generation and storage of hazardous wastes by recycling wastes that can be recycled, and by developing a spill prevention plan for the project. Use of toxic or hazardous materials, outside of vehicle fuels, standard household cleaners, pool and lawn care chemicals, is not anticipated within the project area in conjunction with the proposed residential development. d. Project related generation/storage of hazardous wastes – Describe hazardous wastes generated/stored during construction and/or operation of the project. Indicate method of disposal. Discuss potential environmental effects from hazardous waste handling, storage, and disposal. Identify measures to avoid, minimize or mitigate adverse effects from the generation/storage of hazardous waste including source reduction and recycling. Outside of the materials described above, the project is not anticipated to generate or require the storing, handling or disposal of hazardous wastes during construction or during operation. Consequently, potential environmental effects from hazardous wastes, and measures to avoid minimize or mitigate adverse effects from the generation/storage of hazardous waste including source reduction and recycling, have not been considered. 13. Fish, Wildlife, Plant Communities, and Sensitive Ecological Resources (Rare Features) a. Describe fish and wildlife resources as well as habitats and vegetation on or in near the site. Land-cover types identified within the Project Area include: 5.9 acres of impervious surface, 3.9 acres of emergent wetlands, 4.7 acres of grassland (dry tall grasses and tall grasses), 2.0 acres of forest, and 1.3 acres of forested wetland (MLCCS 2021) (Exhibit 9). The habitats available within the site are likely used by wildlife species common to the Northcentral Hardwood Forest ecoregion of Minnesota. Wildlife species that may use the site include species that use forests, wetlands, and grasslands in fragmented landscapes, such as the American robin (Turdus migratorius), wild turkey (Meleagris gallopavo), eastern cottontail (Sylvilagus floridanus), striped skunk (Mephitis mephitis), white-tailed deer (Odocoileus virginianus), and small mammals such as mice (Family Muridae) and shrews (Family Soricidae). Although potentially suitable fish habitat is available onsite within the Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 27 pond area, it is likely only suitable for species such as the central mudminnow (Umbra limi) (Exhibit 6). b. Describe rare features such as state-listed (endangered, threatened or special concern) species, native plant communities, Minnesota County Biological Survey Sites of Biodiversity Significance, and other sensitive ecological resources on or within close proximity to the site. Provide the license agreement number (LA-980) and/or correspondence number (ERDB-NA) from which the data were obtained and attach the Natural Heritage letter from the DNR. Indicate if any additional habitat or species survey work has been conducted within the site and describe the results. A request was submitted on June 8, 2021 to the MNDNR Natural Heritage Program to determine if there are records of rare plants or animals, or habitats within or near the Project Area. Although no response has been received from the MNDNR as of yet, Westwood reviewed the desktop NHI data (License Agreement - 980), which indicated that there are no NHI records within the site but there were two records within one mile of the site. The two records include a state-threatened vascular plant and a vertebrate Species of Concern. Westwood also evaluated other biological resources within the site or within one mile of the site including The MNDNR (2021) Native Plant Communities (NPC), Minnesota County Biological Survey (MBS) (2017) Railroad Rights-of-Way Prairies, MBS (2021) Sites of Biodiversity Significance, and MNDNR (2014) Regionally Significant Ecological Areas (RSEA) GIS data. There are no MNDNR (2021) NPCs, MBS (2017) railroad rights-of-way prairies, MBS (2021) sites of biodiversity significance, or MNDNR (2014) RSEAs. There is one MBS site of moderate biodiversity significance mapped within one mile of the site (MBS 2021). According to the USFWS (2021) Information for Planning and Consultation (IPaC), there are two federally listed species that may occur within or near the site. The two federally listed species include the federally threatened northern long-eared bat (Myotis septentrionalis) (NLEB) and the federally endangered rusty patched bumble bee (Bombus affinis) (RPBB). The NLEB is also considered a special concern species at the state level. There is a known NLEB hibernaculum in Hennepin County located in Township 28N Range 23W, located approximately 9 miles to the northeast of the site (MNDNR and USFWS 2021). No known maternity roost trees are located in Hennepin County (MNDNR and USFWS 2021). The entire site and one mile buffer occur within the RPBB high potential zone (USFWS 2021). c. Discuss how the identified fish, wildlife, plant communities, rare features and ecosystems may be affected by the project. Include a discussion on introduction and spread of invasive species from the project construction and operation. Separately discuss effects to known threatened and endangered species. Project development is expected to convert approximately 1.4 acres of grassland and wetland buffers and forest to apartment buildings, parking lots and roads. Conversion of grassland and forest to residential development will likely result in local declines of wildlife species richness and abundances. Populations of species that depend primarily upon forest and grassland remnants, such as western meadowlarks and wild turkey, will likely be displaced. Any migratory bird species that have been using the Project Area for breeding purposes, may avoid the Project Area following Project construction. However, given the acreage of wetlands and wetland buffers included in the Project design, human-tolerant species, like Canada geese (Branta canadensis), mallards (Anas platyrhynchos), and American robins (Turdus migratorius) will likely continue to use the area. Species that occur within the Project Area year-round, such as Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 28 small mammals, may experience more adverse effects, as they will likely be permanently displaced. However, some of the year-round species may return to the Project Area once Project construction is complete. Approximately 74 percent of the 15.3-acre Project Area will be open space (i.e., wetland, wetland and grassland buffer, forest, and stormwater pond), which may minimize habitat fragmentation adverse effects to some wildlife species. As most of the species expected to use the Project Area are common and ubiquitous, the Project is not anticipated to result in population-level declines for the aforementioned species. Some habitats will remain or be expanded, including the preservation of approximately 5.6 acres of wetlands, the creation of a stormwater basin, and maintaining connectivity between existing wetlands and woodlands. Such efforts are intended to minimize habitat fragmentation and allow for wildlife movement within the Project Area and from adjacent, off-site resource areas. Suitable NLEB habitat includes forested or wooded habitats where they roost and forage, and some adjacent non-forested habitats such as emergent wetlands, edges of agricultural fields, old fields, or pastures. As there is some potentially suitable roosting habitat within the Project Area and surrounding region, the likelihood of occurrence is considered moderate. RPBB occur in grasslands and tallgrass prairie areas with flowers that provide nectar. RPBB typically use rodent cavities and grass clumps as nesting sites and overwinter underground along habitat edges (specifically grassland to woodland transitions). As the entire Project Area is within the RPBB high potential zone (USFWS 2021) and there is potentially suitable foraging, nesting, and overwintering habitat within the Project Area; RPBB have a high probability of occurrence. Invasive Species The Project proposer understands that measures to avoid or minimize the introduction or spread of invasive plant species from Project construction and operation are needed. While there is the opportunity for invasive plant species to be introduced during Project construction, it is unlikely that these species would persist in a meaningful way following construction, as portions of the Project Area will be landscaped with turf grass and landscape trees or shrubs per a city-approved landscaping plan, and some wetland and grassland areas are planned for improvements. Consequently, large areas of exposed soils where invasive plant species might establish are not anticipated. If present, invasive plant species will be controlled by the Project proposer in accordance with local and state invasive and noxious weed regulations. d. Identify measures that will be taken to avoid, minimize, or mitigate adverse effects to fish, wildlife, plant communities, and sensitive ecological resources. Based on the special status species identified as potentially occurring within the Project Area, the following avoidance or minimization measures will be implemented. Any proposed tree clearing will either be conducted during the NLEB inactive season (November 1 to March 31). If tree removal during the active season (April 1 to October 31) is unavoidable, it is recommended that a habitat assessment be performed prior to tree clearing. The Project proposer will implement a RPBB best management practices (BMP) plan to avoid or minimize impacts to RPBB. The plan will focus on RPBB best management practices such as minimizing activities during important RPBB nesting and foraging periods, posting RPBB factsheets in construction trailers, and minimizing the use of insecticides and herbicides within the project area. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 29 14. Historic properties Describe any historic structures, archeological sites, and/or traditional cultural properties on or in close proximity to the site. Include: 1) historic designations, 2) known artifact areas, and 3) architectural features. Attach letter received from the State Historic Preservation Office (SHPO). Discuss any anticipated effects to historic properties during project construction and operation. Identify measures that will be taken to avoid, minimize, or mitigate adverse effects to historic properties. A database search request was made to the Minnesota State Historic Preservation Office (SHPO), who conducted a search of the Minnesota Archaeological Inventory (AI) and Historic Structure Inventory (HSI) for the project area and surrounding areas (Appendix C). Based on the results of their review, no previously recorded archaeological sites, historic structures, or traditional cultural properties were identified in the database for the project area. No National Register of Historic Places (NRHP) listed or eligible properties are within one mile of the project. One archaeological site and eighteen inventoried architectural resources are recorded within one mile of the project. The archaeological site, 21HE0410, is approximately 0.88 miles north of the project area. This site is recommended not eligible for listing in the NRHP. Of the 18 architectural resources recorded within one mile of the project area, two are immediately adjacent the project, Flying Creek Road: Nine Mile Creek Segment (HSI #HE-EPC-08) and a commercial building at 6871 Flying Cloud Drive (HIS #HE-EPC-164). None of the architectural resources inventoried within one mile are listed, or certified eligible for listing, in the NRHP. Additionally, background research was conducted online via the MN Office of the State Archaeologist Portal. No other previously recorded archaeological sites or historic properties were identified within or immediately adjacent to the project area. Effects to known historic properties during project construction and operation are not anticipated. 15. Visual Describe any scenic views or vistas on or near the project site. Describe any project related visual effects such as vapor plumes or glare from intense lights. Discuss the potential visual effects from the project. Identify any measures to avoid, minimize, or mitigate visual effects. The Project Area is currently surrounded by commercial/industrial developments. No vapor plumes or intense lighting will result from development of the Project. There are no scenic views or vistas located on or near the property, and no non-routine impacts or visual nuisances are anticipated. Surrounding views are of primarily one- and two-story commercial/industrial structures with associated surface parking lots, and Highway 212. West of Highway 212, the Wooddale Church parking lot and multi-family residential developments are surrounded by woodlands that may provide a visual buffer. The proposed Project is consistent with other established uses in the area, and therefore will not create a significant change in visual aesthetics. Measures to soften visual transitions include providing landscaped areas and trees between Flying Cloud Drive and residential buildings, preservation of tree and wetland cover in the eastern portion of the parcel, constructing a new segment of the boardwalk and updating the existing boardwalk, and constructing a stormwater pond and open space between Building 2 and the intersection of Flying Cloud Drive and West 70th Street. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 30 16. Air a. Stationary source emissions – Describe the type, sources, quantities and compositions of any emissions from stationary sources such as boilers or exhaust stacks. Include any hazardous air pollutants, criteria pollutants, and any greenhouse gases. Discuss effects to air quality including any sensitive receptors, human health or applicable regulatory criteria. Include a discussion of any methods used assess the project’s effect on air quality and the results of that assessment. Identify pollution control equipment and other measures that will be taken to avoid, minimize, or mitigate adverse effects from stationary source emissions. The Project will not include stationary source emissions that exceed the mandatory EAW thresholds identified in Minnesota Rules Part 4410.4300, Subp. 15 or thresholds requiring an air permit from the Minnesota Pollution Control Agency (MPCA). GHG emissions from this Project, while unquantified, are not expected to cause potential for significant environmental effects. The Project will likely have air emissions that are common to nearly all multi-family residential developments that could include sources such as natural gas and oil powered equipment, fertilizer and product use, carbon storage in housing materials, heating and cooling systems, and air conditioner and refrigerator leakage. These sources generally fall under Conditionally Insignificant Activities and Conditionally Exempt Stationary Sources according to Minn. R. 7007.1300 and Minn. R. 7008.0050 – 7008.4110. Additionally, there are no federal or Minnesota thresholds of GHG significance for determining impacts of GHG emissions from an individual project on global climate change, nor are there Minnesota or National Ambient Air Quality Standards for GHGs. Measures that could minimize the impacts of GHG emissions may include: encouraging residents to use the future light rail train and providing trails and sidewalks as alternative modes of transportation, providing bicycles and electric scooters, using energy efficient building materials that reduce needs for home heating and cooling; installing energy efficient appliances; and using LED lighting (where applicable) and industry-standard insulating. b. Vehicle emissions – Describe the effect of the project’s traffic generation on air emissions. Discuss the project’s vehicle-related emissions effect on air quality. Identify measures (e.g. traffic operational improvements, diesel idling minimization plan) that will be taken to minimize or mitigate vehicle-related emissions. Increased traffic will generate a relatively small corresponding increase in carbon monoxide levels and other vehicle-related air emissions. The Project is expected to have a negligible impact on air quality. Based on traffic impact study findings described further in Section 18, studied intersections are expected to continue to operate at an acceptable overall level of service B (LOS) or better in 2025 during the weekday a.m. and p.m. peak hours, reducing the possibility of congestion and vehicle idling within and near the project area. Additionally, residents would likely take advantage of the nearby light rail line, thereby reducing the number of vehicles and emissions. While increased vehicular GHG emissions from both the construction and operational phases of the Project are expected, they do not pose a risk for significant environmental effects, and therefore no measures to mitigate or monitor air quality impacts have been considered at this time. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 31 c. Dust and odors – Describe sources, characteristics, duration, quantities, and intensity of dust and odors generated during project construction and operation. (Fugitive dust may be discussed under item 16a). Discuss the effect of dust and odors in the vicinity of the project including nearby sensitive receptors and quality of life. Identify measures that will be taken to minimize or mitigate the effects of dust and odors. The Project will not generate significant dust or odors during construction or operation. Minor odors generated during construction will be typical of those associated with residential development processes, such as exhaust from diesel and gasoline powered construction equipment. During construction, particulate emissions will temporarily increase due to generation of fugitive dust. The nearest and most sensitive receptors to the construction activity are the multi-family residential developments and church west of Highway 212. However, based on the distance from the Project, dust and odors are expected to have little to no impact on those sensitive receptors. Construction dust control is required to be in conformance with City of Eden Prairie’s ordinances and the NPDES Construction Stormwater permit. The construction and operation of the Project is not anticipated to involve processes that would generate odors. 17. Noise Describe sources, characteristics, duration, quantities, and intensity of noise generated during project construction and operation. Discuss the effect of noise in the vicinity of the project including 1) existing noise levels/sources in the area, 2) nearby sensitive receptors, 3) conformance to state noise standards, and 4) quality of life. Identify measures that will be taken to minimize or mitigate the effects of noise. No unusual circumstances have been identified that would necessitate a detailed noise analysis. The following is a summary of the existing and anticipated noise conditions. Existing Noise Levels/Sources Noise levels on and adjacent to the site will vary considerably during construction depending on the pieces of construction equipment being operated simultaneously, the percent of time in operation, and the distance from the equipment to the receptors. Construction equipment will be fitted with mufflers that would be maintained throughout the construction process. It is anticipated that noise levels will temporarily increase locally during project construction but are expected to return to intensities consistent with existing levels and sources following Project completion. Table 17-1 below summarizes the peak noise levels of common types of construction equipment. Table 17.1: Typical Construction Equipment Noise Levels at 50 Feet Equipment Type Manufacturers Sampled Total Number of Models in Sample Peak Noise Level Range Average Backhoe 5 6 74-92 83 Front Loader 5 30 75-96 85 Dozer 8 41 65-95 85 Grader 3 15 72-92 84 Scraper 2 27 76-98 87 Pile Driver N/A N/A 95-105 101 Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 32 Table 17.1: Typical Construction Equipment Noise Levels at 50 Feet Equipment Type Manufacturers Sampled Total Number of Models in Sample Peak Noise Level Range Average Source: United States Environmental Protection Agency and Federal Highway Administration Nearby Noise Sensitive Receptors The Project Area is surrounded by industrial parks, parking lots, Highway 212, and the future SWLRT Metro Green Line Extension and station. The nearest potential sensitive noise receptors in the Project Area include multi-family residential developments and a church west of Highway 212. Conformance to State Noise Standards The State of Minnesota’s noise rules are found in Minn. R. Chapter 7030 (Noise Pollution Control). Under Minn. R. 7030.0030 (Noise Control Requirement), local governments are required to take reasonable measures to prevent the approval of land use activities that will violate the state noise standards immediately upon the establishment of the land use. Minnesota Rules 7030.0030 states: No person may violate the standards established in part 7030.0040, unless exempted by Minnesota Statutes, section 116.07, subdivision 2a. Any municipality having authority to regulate land use shall take all reasonable measures within its jurisdiction to prevent the establishment of land use activities listed in noise area classification (NAC) 1, 2, or 3 in any location where the standards established in part 7030.0040 will be violated immediately upon establishment of the land use. The project will be constructed in accordance with the state’s established noise ordinance as outlined in Minn. Stat. § 116.07 and Minn. R., Chapter 7030. Additionally, the Project will be constructed in accordance with the city’s established noise ordinance as outlined in the City Code. The noise sources in the project area consist mainly of traffic on area highways, roadways, commercial/industrial developments, and the future SWLRT Metro Green Line Extension and station. The residential buildings will have sufficient insulting properties, setbacks and landscaping to help minimize and mitigate the effects of the anticipated noise generated from the project and adjacent sources. 18. Transportation a. Describe traffic-related aspects of project construction and operation. Include: 1) existing and proposed additional parking spaces, 2) estimated total average daily traffic generated, 3) estimated maximum peak hour traffic generated and time of occurrence, 4) indicate source of trip generation rates used in the estimates, and 5) availability of transit and/or other alternative transportation modes. A Traffic Impact Study was prepared for the project by SRF and is included in Appendix D. The Blue Stem North project would generate traffic during construction of the residential dwelling units, as well as the open space development. Construction traffic would primarily access the site via several new entrances proposed along Flying Cloud Drive. Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 33 When the site is fully developed, access to the site is proposed at the following three locations along Flying Cloud Drive: • North Access – Provides direct access to the underground parking for Buildings 1A and 1B • Middle Access – Provides surface parking access (assumed for visitors/staff), as well as an additional underground parking access to Building 2 • South Access – Provides direct access to the underground parking for Building 2 1) Existing parking spaces: 0 Proposed parking spaces: Building 1: 323 stalls (311 garage and 12 surface) Building 2: 268 stalls (264 garage and 4 surface) 2) Total average daily traffic generated: 1,615 trips per day Trip Generation Land Use AM Peak Hour PM Peak Hour Daily Trips Enter Exit Enter Exit Mid-Rise Multi-family (221) 46 Trips 132 Trips 114 Trips 64 Trips 2,019 Trips Light Rail Reduction (20%) (-9) Trips (-26) Trips (-23) Trips (-13) Trips (-404) Trips TOTAL TRIPS 37 106 91 51 1,615 1. Per the data and methodologies in Trip Generation, 10th Edition, published by ITE. 3) Estimated maximum peak hour traffic generated: 142 trips/hour during p.m. peak hour (4:30 PM – 5:30 PM) 4) Source of trip generation rates: ITE Trip Generation Manual, Tenth Edition (2017) 5) Availability of Transit and/or other alternative transportation modes: The Southwest Light Rail (SWLRT) is an approximately 14.5-mile extension of the existing METRO Green Line that will connect Minneapolis to Eden Prairie. Construction for the project began in 2019 and is expected to be completed in 2023. As part of the project, 16 new LRT stations will be constructed, including the “Golden Triangle” station, which is located immediately southeast of the proposed development. The Golden Triangle station will include an approximately 74- stall park-and-ride lot. A 20 percent light rail reduction was applied to trip generation estimates to account for the adjacent SWLRT station. b. Discuss the effect on traffic congestion on affected roads and describe any traffic improvements necessary. The analysis must discuss the project’s impact on the regional transportation system. If the peak hour traffic generated exceeds 250 vehicles or the total daily trips exceeds 2,500, a traffic impact study must be prepared as part of the EAW. Use the format and procedures described in the Minnesota Department of Transportation’s Access Management Manual, Chapter 5 (available at: http://www.dot.state.mn.us/accessmanagement/resources.html) or a similar local guidance, A complete traffic analysis of existing and future volumes is included in Appendix D of this document. This development will increase the amount of traffic on the surrounding roadway network. Year 2025 (i.e., year of opening) forecasts consider general area background growth, Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 34 the proposed SWLRT park-and-ride, and traffic generated by the proposed development. To determine how the study intersections and site access will operate under year 2025 build conditions, an intersection capacity analysis was completed using Synchro/SimTraffic software. Results of the analysis indicate that all study intersections are expected to continue to operate at an acceptable overall LOS B or better during the weekday a.m. and p.m. peak hours. In general, side-street stop delays and queuing are expected to slightly worsen as area development occurs (i.e., from background growth, SWLRT park-and-ride, and the proposed development). c. Identify measures that will be taken to minimize or mitigate project related transportation effects. Based on the traffic analysis, no operational or queuing issues are expected. In addition, no signal timing adjustments are needed at the Flying Cloud Drive/Shady Oak Road intersection to accommodate the proposed development. SRF reviewed the proposed site plan to identify any issues regarding access, circulation, parking, sight distance, and pedestrian facilities (Appendix D). Based on this review, SRF concluded that the proposed development provides acceptable mulit-model connectivity, and had the following additional considerations for the applicant: • Consider exploring opportunities to combine the two access locations. • Consider removing parking and extending curb and gutter to reduce parking/entrance conflicts. • Consider reconfiguring the parking lot to one-way operations to reduce conflicts and driver confusion. • Ensure the garage entry can safely accommodate queued vehicles or consider shifting the building location to provide more vehicle storage. • Limit any sight distance impacts from future structures, landscaping, and signing, and • Review turning movements to ensure heavy vehicles have adequate accommodation to maneuver. The above considerations will be reviewed and discussed with city staff as part of the preliminary and final plat application approval process. 19. The above considerations will be reviewed and discussed with city staff as part of the preliminary and final plat application approval process. Cumulative Potential Effects (Preparers can leave this item blank if cumulative potential effects are addressed under the applicable EAW Items) a. Describe the geographic scales and timeframes of the project related environmental effects that could combine with other environmental effects resulting in cumulative potential effects. It is anticipated that the project will be constructed over a 4-5 year period in two phases, with the first phase expected to begin in April 2022. Phase I completion is anticipated in December 2023. Phase II is planned to initiate construction in May 2025, opening for operation by December 2026. Full build-out is expected by 2026; however, construction timing will ultimately depend upon market conditions. The future extension of the light rail station will be coordinated with the Met Council and Hennepin County to ensure no conflicts arise from construction of the project in conjunction with light rail construction. The changes in regional land use in the Eden Prairie area from undeveloped open space land uses to more urbanized uses is expected to have a cumulative impact on the area. Cumulative effects of this and future projects on natural resources and infrastructure are expected to be roughly Blue Stem North Residential Development EAW, Eden Prairie November 2, 2021 35 proportional to the impacts discussed in this EAW, or somewhat greater if future projects are developed at a higher density. The City of Eden Prairie has planned for future growth and development in this particular area as part of its 2040 Comprehensive Land Use Plan, Local Water Management Plan, Comprehensive Wetland Protection & Management Plan, Strategic Plan for Housing and Economic Development, Design Guidelines, and Parks and Open Space Plan. These efforts will ensure that the cumulative impacts of future growth and development to the environment, and to the City’s service capacity, are anticipated and mitigated. b. Describe any reasonably foreseeable future projects (for which a basis of expectation has been laid) that may interact with environmental effects of the proposed project within the geographic scales and timeframes identified above. The project proposer does not currently own or have options on adjacent or nearby lands. The City of Eden Prairie maintains an interactive geographic information systems map, the Development Projects Map, which provides data on the current status and details about pending development applications and projects in Eden Prairie. As of August 3, 2021, the interactive online GIS map shows a total of 39 development projects. There are currently 12 commercial/industrial development projects approved for construction or scheduled for Commission/Council Review. Four multi-family residential projects are currently approved for construction. One additional multi-family residential project has applied for but has not been scheduled for review. Two office developments have been approved for construction. Eleven single-family residential builds have recently been approved for construction or scheduled for Commission/Council Review. Nine other development applications or projects are approved for construction or scheduled for Commission/Council Review. In the areas surrounding the project, there are minimal undeveloped parcels. The parcels east of the proposed project are expected to be used for the SWLRT Golden Triangle station, facilities, and parking lots. Existing land cover on adjacent properties is primarily developed lands for office, industrial, or commercial uses. Other areas of open space are present in the greater area; however, these areas include Nine Mile Creek Conservation Area and Bryant Lake Regional Park. Several parcels on the southern end of Bryant Lake are currently undeveloped and are guided for office space and medium-high density residential land uses. Three of the Commercial/Industrial development projects shown on the City’s Development Project Map are located in close proximity to the proposed project. Project development is not expected to interfere with nearby projects or exacerbate any potential negative environmental effects. Because many of the above projects and available lots develop based on market drivers and conditions, the timing of future development can, and likely will, fluctuate. The Aspire Eden Prairie 2040 Comprehensive Plan anticipates and guides the intensity of development within the city and directs necessary infrastructure improvements to support the planned development. c. Discuss the nature of the cumulative potential effects and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to these cumulative effects. The proposed project will result in conversion of vacant lands to urban uses. Consequently, cumulative impacts to natural resources are anticipated to be minimal and have been purposefully concentrated in this portion of the city. Development of parcels in close proximity to the project Exhibits 1 - 11 Blue Stem North Residential Development Eden Prairie, Hennepin County, Minnesota This page is intentionally blank Westwood Professional Services, Inc. 12701 Whitewater Drive, Suite #300 Minnetonka, MN 55343 westwoodps.com (952) 937-5150 (952) 937-5822 (888) 937-5150 Phone Fax Toll Free Data Source(s): Westwood (2021); ESRI WMS World Street Basemap (Accessed 2021); US Census Bureau (2018). EXHIBIT 1 Site Location Eden Prairie, Hennepin County, Minnesota Blue Stem EAWLegend Project Boundary County BoundaryShadyBryant Lake 62 R o b e r ts D r Beac hRdB r e n R d Forest H i lls School P ark Lo ne Lake Par k 494 T e c h n o l o g y D r A nders o nLa k e s Pkwy ing Lake P k w y V a l l e y V ie w R d P r airie C ent erDrFlyingCloudDrW78th St Willow Par k SchaeferRMalibuDrK noll D rS m e t a n a R d 212 SallyLnMcCaul eyTrl SViewLnBren Rd W V e rn o n A veS BryantLakeDrM c C auley Trl WLincolnDrBrenRd DakotaTrlW 7 0 t h S tShadyOak R dBryantLake Re giona l Par k B r aema r Par k Lake Smetana Anderson Lake 169 212 Viking Dr W 7 8 t h S t W 7 8 t h S t P r airieLak e s Dr WashingtonAveSUS-169FrontRdSGoldenTriangleDr7 4 t h S t W 76th St W P r a irieCenterDrB r ae mar Go l f Co ur ses E den Prair ie Center Nes bitt Prese r v e P ark Tie r ne y 's Woods E den La k e Sc ho ol P ark R o w l a n d DundeeRdBlakeRG r ove S t OlingerRdV a l l e y V i e w R dV e rn o n A v e S B r ed esen P ark Heights P Cr eek V alley P ar k W 83rd S t 7 8 t h S t W Nor th C Pa South Cor r idor Par k Hennepin County 0 0.5 Miles N:\0031916.00\GIS\ArcPro\R0031916_040_EAWExhibits\R0031916_040_EAWExhibits.aprxBlueStem_Ex01_SiteLocation_ - Ex1_SiteLocation_Main | 8/6/2021 3:42 PM | emboisen© 2021 Westwood Professional Services, Inc. IOWA MICHIGANMINNESOTA NORTH DAKOTA SOUTH DAKOTA WISCONSIN Project Westwood Professional Services, Inc. 12701 Whitewater Drive, Suite #300 Minnetonka, MN 55343 westwoodps.com (952) 937-5150 (952) 937-5822 (888) 937-5150 Phone Fax Toll Free Data Source(s): Westwood (2021); ESRI USGS Topo Basemap (Accessed 2021); US Census Bureau (2020). EXHIBIT 2 USGS Topography Eden Prairie, Hennepin County, Minnesota Blue Stem EAWLegend Project Boundary RoadFeltl LnOl dBrenR dBrendan C t Technology Dr Paiute Cir Beach Cir BrenRd WMohawk TrlAnn CtIkola Way Capital Dr Dunhil l R d HabitatCtSRosE mil yLnGl aci erPl DakotaTrlBrenRdEIroqu oisCirFerndaleRd PaiutePass Marth RdRegencyLnWillowCreekRd Mon teeDrBren Rd Bel lo D rHamiltonRd Timber TrlDen RdRedCircleDr CamelbackD rDevilleDrSiouxTrl Londonderry Dr SamuelRd Data Park ApacheRd MarketPlace Dr McIntyrePtLeona Rd LondonderryRd TamaracAveChasewoodDrPt ChaseAspen Rd Ensig nCurveCrosstown Cir GlenLnOptumWayClarionPass Smetana DrVista Dr Sa ni belDrW 69th StGoldenRidgeDrThornhi l l RdGleasonCt PaiuteDr Gor do nDrW70thStOpusPkwy RobertsDr GreenCircleDrEdenPr airieCenterIroquoisTrlLangford CtGreenOakDr WestTrlClarionCir KillarneyLnS Cot eauTrlI ndi an HillsPassTimberRdg RegionalCent e r RdDovreDr C h erok eeTrlWBiscayneBlvd Smet anaL n YellowCircleDr Walnut DrFallbrookRdTelegraphR dEnsign RdSParkwood Ln Cheye nneTrlW76thStWhi tewater DrBraemarBlvd Topvie wRdW74thSt Arcti c WaySingletreeLn Gerard DrTownlineAveEdenR d Chasew oodPkwyOldShadyOakRd Highw oo d Dr McCauley T r l WW62ndStRowlan dRdBeac h RdCir cleDrMarkTerraceDrArboretum Blv d WBushLakeRdSally LnPl az aDrC i tyWest PkwyViewLnBlueCircleD rS c haeferRdGoldenTriangleDrVernon Ave S PrairieCenterDrCl earwaterDr Lincol nDr Gl e asonRdCoRd61McCauleyTrlS BryantLakeDrIn di anHill sRd McCauleyTrlW 78th St Viking DrFlyingCloudDr Washington Ave SState Hwy 5Co R d 39ValleyViewRd ShadyOakRd Cr os s t ownHwy StateHwy62 USHwy169USHwy212I- 4 9 4 ±0 2,000 Feet \\westwoodps.local\Global Projects\0031916.00\GIS\ArcPro\R0031916_040_EAWExhibits\R0031916_040_EAWExhibits.aprxBlueStem_Ex02_USGSTopography_ - Ex2_USGSTopo | 6/23/2021 10:23 AM | BMHardel© 2021 Westwood Professional Services, Inc. EXHIBIT 3 Map Document: N:\0031916.00\GIS\ArcPro\R0031916_040_EAWExhibits\R0031916_040_EAWExhibits.aprx 10/5/2021 1:39 PM emboisen © 2021 Westwood Professional Services, Inc. Concept Site Plan Blue Stem EAW Eden Prairie, Hennepin County, Minnesota Data Source(s): Westwood (2021); .Legend Project Boundary Westwood Professional Services, Inc. 12701 Whitewater Drive, Suite #300 Minnetonka, MN 55343 westwoodps.com (952) 937-5150 (952) 937-5822 (888) 937-5150 Phone Fax Toll Free Data Source(s): Westwood (2021); Hennepin County Aerial Imagery (2018); US Census Bureau (2020); City of Eden Prairie (Land Use) (2021). EXHIBIT 4 Existing Land Use Eden Prairie, Hennepin County Minnesota Blue Stem EAWWillowCreekRdCherokeeTrlWGoldenTriangleDrCrosstownHwy W 76thSt R o w la n d R d W 74th St Valley Vie w R dOldShadyOakRd Ci t yWest Pkwy McCauleyTrlSUS Hwy 169Co Rd 39 Washington Ave SFlyingCloudD rUS Hwy 212±0 1,000 Feet N:\0031916.00\GIS\ArcPro\R0031916_040_EAWExhibits\R0031916_040_EAWExhibits.aprxBlueStem_Ex04_ExistingLandUse_ - Ex4_AdjacentLandUse | 8/11/2021 10:11 AM | emboisen© 2021 Westwood Professional Services, Inc. Project Boundary Airport Church or Cemetery Community Commercial Golf Course High Density Residential Industrial Low Density Residential Medium Density Residential Neighborhood Commercial Office Open Water Park/Open Space Public/Semi-Public Regional Commercial Right-of-Way Rural/Vacant Westwood Professional Services, Inc. 12701 Whitewater Drive, Suite #300 Minnetonka, MN 55343 westwoodps.com (952) 937-5150 (952) 937-5822 (888) 937-5150 Phone Fax Toll Free Data Source(s): Westwood (2021); City of Eden Prairie (Zoning) (2021); US Census Bureau (2020). EXHIBIT 5 Existing Zoning Map Eden Prairie, Hennepin County Minnesota Blue Stem EAWWillowCreekRdW74thStOldShadyOakRdCityWestPkwyCo Rd 39 Valley View RdBryantLakeDrUSHwy212ShadyOakRd FlyingCloudDrProject Boundary Rural R1-44 R1-22 R1-13.5 RM-6.5 RM-2.5 Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial Industrial Park - 2Ac Min. Industrial Park - 5 Ac Min. Public Water Right of Way 100-Year Floodplain ±0 800 Feet N:\0031916.00\GIS\ArcPro\R0031916_040_EAWExhibits\R0031916_040_EAWExhibits.aprxBlueStem_Ex05_ExistingZoning_ - Ex5_ZoningMap | 8/11/2021 10:11 AM | emboisen© 2021 Westwood Professional Services, Inc. Westwood Professional Services, Inc. 12701 Whitewater Drive, Suite #300 Minnetonka, MN 55343 westwoodps.com (952) 937-5150 (952) 937-5822 (888) 937-5150 Phone Fax Toll Free Data Source(s): Westwood (2021); Hennepin County Aerial Imagery (2018); USGS NHD Dataset (2017); Minnesota DNR, Ducks Unlimited, and St. Mary's University of Minnesota (2015); MnDNR (2008); FEMA (2019); Geospatial Data Gateway (2016). EXHIBIT 6 Water Resources Eden Prairie, Hennepin County Minnesota Blue Stem EAW W W W W W W W W Willowood LnCrow nOaksDrR o s Emil y L nPtChase R e g e n c y LnM e ls Way Hamilton R dCrosstownCir W 69th StGoldenRidgeDr W 70th StOldShadyOakRd Crosstown Hw y S t a t e H w y 6 2 Will owCreekRdMcCauleyTrlSCity WestPkwyC oR d 39ValleyViewRdUS Hwy 169BryantLakeDrWashington Ave SUSHwy212Shady O a k R d FlyingCloudDrHami l t onRd00203135 00205893 00453773 00624931 00436199 00446976 00436200 00505100 ±0 800 Feet N:\0031916.00\GIS\ArcPro\R0031916_040_EAWExhibits\R0031916_040_EAWExhibits.aprxBlueStem_Ex06_WaterResources_ - Ex6_WaterResources | 8/11/2021 10:29 AM | emboisen© 2021 Westwood Professional Services, Inc. Legend Project Boundary 100-Year Floodplain PWI Watercourse PWI Water Basin NWI Wetland NHD Flowline NHD Waterbody W Well Westwood Professional Services, Inc. 12701 Whitewater Drive, Suite #300 Minnetonka, MN 55343 westwoodps.com (952) 937-5150 (952) 937-5822 (888) 937-5150 Phone Fax Toll Free Data Source(s): Westwood (2021); Hennepin County (2018); US Census Bureau (2020); USDA, National Resources Conservation Service (2018). EXHIBIT 7 NRCS Soils Eden Prairie, Hennepin County, Minnesota Blue Stem EAW MelsWay S h a d y O ak Rd W 70th StBryant Lake DrUSHwy212FlyingCloudDrL50A L2B L62D2 L62E L62E U1A Legend Project Boundary Road Soil Unit Boundary All Hydric/Predominantly Hydric Soil 0 300 Feet N:\0031916.00\GIS\ArcPro\R0031916_040_EAWExhibits\R0031916_040_EAWExhibits.aprxBlueStem_Ex07_NRCSSoils_ - Ex7_NRCSSoils | 8/6/2021 3:28 PM | emboisen© 2021 Westwood Professional Services, Inc. L2B Malardi-Hawick complex, 1 to 6 percent slopes Non-hydric 0 L50A Muskego and Houghton soils, 0 to 1 percent slopes All Hydric 100 L62D2 Koronis-Kingsley-Malardi complex, 12 to 18 percent slopes, eroded Predominantly Non-hydric 10 L62E Koronis-Kingsley-Malardi complex, 18 to 35 percent slopes Predominantly Non-hydric 10 U1A Urban land-Udorthents, wet substratum, complex, 0 to 2 percent slopes Non-hydric 0 Map Unit Symbol Map Unit Name Hydric Rating Percent Hydric Westwood Professional Services, Inc. 12701 Whitewater Drive, Suite #300 Minnetonka, MN 55343 westwoodps.com (952) 937-5150 (952) 937-5822 (888) 937-5150 Phone Fax Toll Free Data Source(s): Westwood (2021); Hennepin County (2018); US Census Bureau (2020). EXHIBIT 8 Approved Delineated Wetland Boundaries Eden Prairie, Hennepin County Minnesota Blue Stem EAW W 70th StBryantLakeDrUSHwy212FlyingCloudDrWB-03 WB-04 WB-05 Legend Project Boundary Delineated Wetland Road 0 200 Feet N:\0031916.00\GIS\ArcPro\R0031916_040_EAWExhibits\R0031916_040_EAWExhibits.aprxBlueStem_Ex08_DelineatedWetland_ - Ex8_DelineatedWetland | 8/10/2021 10:59 AM | emboisen© 2021 Westwood Professional Services, Inc. MegGraceLnW69thSt C hesapeake Ln R os E mily Ln W illowC re e k R d M els Way W 70th StUS Hwy 212ShadyOakRd CrownOaksDrCityWest PkwyGoldenRi dgeDrBryantLakeDrFlyingCloudDrEXHIBIT 9 Map Document: \\westwoodps.local\Global Projects\0031916.00\GIS\ArcPro\R0031916_040_EAWExhibits\BlueStem_Ex09_MLCCSLandCoverTypes_210623.mxd 6/23/2021 10:11:19 AM BMHardelBlue Stem EAW © 2021 Westwood Professional Services, Inc. Eden PrairieHennepin County, MinnesotaMLCCS LandCover Types Data Source(s): Westwood (2021); USGS(2016); US Census Bureau (2020); MN DNR(2018).Legend Project Boundary Road 5-10% Impervious 11-25% Impervious 26-50% Impervious 51-75% Impervious 76-100% Impervious Short Grasses Maintained Tall Grass Forest Wetland Forest Wetland Shrubs Tall Grasses Wetland Emergent Veg. Dry Tall Grasses Wetland Open Water ±0 500Feet Westwood Professional Services, Inc. 12701 Whitewater Drive, Suite #300 Minnetonka, MN 55343 westwoodps.com (952) 937-5150 (952) 937-5822 (888) 937-5150 Phone Fax Toll Free Data Source(s): Westwood (2021); Hennepin County Aerial Imagery (2018); The Minnesota County Biological Survey, MNDNR, Division of Ecological Resources (2015); USFWS (Various Dates); MNDNR (Various Dates). EXHIBIT 10 Biological Resources Eden Prairie, Hennepin County, Minnesota Blue Stem EAWWillowCreekRdW 69th StGoldenRidgeDr W 70th St C herokeeTrlWGoldenTriangleDrC r o s s t o w n H w y W 76thSt R o w la n d R d W 74th St Valley Vie w R dOldShadyOakRd Ci t yWest Pkwy McCauleyTrlSUS Hwy 169Co Rd 39Bryant Lake DrWashington Ave SShadyOakRdFlying CloudD rUS Hwy 212H a mi l t onRdB r y a nt L a k e 0 1,000 Feet N:\0031916.00\GIS\ArcPro\R0031916_040_EAWExhibits\R0031916_040_EAWExhibits.aprxBlueStem_Ex10_BiologicalResources_ - Ex10_BiologicalResources | 8/6/2021 3:32 PM | emboisen© 2021 Westwood Professional Services, Inc. Legend Project Boundary MBS Site of Biodiversity Significance Rusty Patched Bumble Bee - High Potential Zone Westwood Professional Services, Inc. 12701 Whitewater Drive, Suite #300 Minnetonka, MN 55343 westwoodps.com (952) 937-5150 (952) 937-5822 (888) 937-5150 Phone Fax Toll Free Data Source(s): Westwood (2021); ESRI WMS World Imagery Basemap (Accessed 2021); MnTOPO (2019); Met Council (2017); Eden Prairie Water Resources and Infrastructure Plan, Figure 5 (Accessed 2021). EXHIBIT 11 Sewer Connections Eden Prairie, Hennepin County Minnesota Blue Stem EAW P BLOOMINGTONEDEN PRAIRIEEDEN PRAIRIEEDINAEDEN PRAIRIE MINNETONKA Legend Project Area Sewershed District Boundary P Planned 12-inch Sewer Connection Existing Eden Prairie Sewer MCES Interceptor Municipal Boundary N:\0031916.00\GIS\ArcPro\R0031916_040_EAWExhibits\R0031916_040_EAWExhibits.aprxBlueStem_Ex11_SewerWaterConnections_ - Ex11_SewerWaterConnections | 8/10/2021 10:03 AM | emboisen© 2021 Westwood Professional Services, Inc. 0 2,000 Feet Appendix A County Well Index Well Logs Blue Stem North Residential Development Eden Prairie, Hennepin County, Minnesota This page is intentionally blank Minnesota Unique Well Number MINNESOTA DEPARTMENT OF HEALTH WELL AND BORING REPORT Minnesota Statutes Chapter 1031203135 County Hennepin Entry Date 08/24/1991 Quad Hopkins Update Date 09/02/2015 Quad ID 104B Received Date Well Name Township Range Dir Section Subsection Well Depth Depth Completed Date Well Completed GREGUSON 116 22 W 1 BDDDDD 240 ft.240 ft.11/20/1961 Elevation 900 ft.Elev. Method 7.5 minute topographic map (+/- 5 feet)Drill Method Drill Fluid Address Use domestic Status Active Well Hydrofractured?Yes No From To Casing Type Single casing No Above/BelowYesDrive Shoe? Joint C/W 6544 FLYING CLOUD DR EDEN PRAIRIE MN Geological Material From To (ft.)Color Hardness CLAY 0 30 YELLOW CLAY 30 120 BLUE SANDSTONE 120 170 SHALE 170 190 ROCK 190 240 Stratigraphy Information Casing Diameter Weight 4 200in. To ft.lbs./ft. Screen?MakeType 200Open Hole From ft.To ft.240 Static Water Level Pumping Level (below land surface) HOME WIPED OUT BY FREEWAY Wellhead Completion Pump Nearest Known Source of Contamination Abandoned Variance Well Contractor Minnesota Well Index Report 203135 HE-01205-15 Printed on 08/03/2021 Pitless adapter manufacturer Model At-grade (Environmental Wells and Borings ONLY) Casing Protection 12 in. above grade Does property have any not in use and not sealed well(s)? Grouting Information Well Grouted?Yes No Not Specified No ft.30 Measureland surface 11/20/1961 ft.hrs.Pumping at 30 g.p.m. feet Direction Type Well disinfected upon completion?Yes Not Installed Date Installed Manufacturer's name Model Number HP Volt Length of drop pipe Capacity Typftg.p. 0 Yes No Was a variance granted from the MDH for this well?Yes No Licensee Business Lic. or Reg. No.Name of Driller Rogers Well Co.27014 Remarks St.Peter Sandstone Miscellaneous Last Strat Aquifer Depth to Bedrock Located by Locate Method First Bedrock Prairie Du Chien Group Minnesota Geological Survey Prairie Du Chien 120 Digitized - scale 1:24,000 or larger (Digitizing Table) System X Y467687 4970182 ft UTM - NAD83, Zone 15, Meters Unique Number Verification Input Date 01/01/1990Address verification Angled Drill Hole Minnesota Unique Well Number MINNESOTA DEPARTMENT OF HEALTH WELL AND BORING REPORT Minnesota Statutes Chapter 1031205893 County Hennepin Entry Date 08/24/1991 Quad Hopkins Update Date 09/03/2015 Quad ID 104B Received Date Well Name Township Range Dir Section Subsection Well Depth Depth Completed Date Well Completed POPPLER,116 22 W 11 AAAABD 218 ft.218 ft.05/13/1965 Elevation 889 ft.Elev. Method LiDAR 1m DEM (MNDNR)Drill Method Drill Fluid Address Use domestic Status Active Well Hydrofractured?Yes No From To Casing Type Single casing No Above/BelowYesDrive Shoe? Joint C/W 7061 WILLOW CREEK RD EDEN PRAIRIE MN Geological Material From To (ft.)Color Hardness CLAY 0 201 SANDSTONE 201 218 Stratigraphy Information Casing Diameter Weight 4 201in. To ft.lbs./ft. Screen?MakeType Open Hole From ft.To ft. Static Water Level Pumping Level (below land surface) Wellhead Completion Pump Nearest Known Source of Contamination Abandoned Variance Well Contractor Minnesota Well Index Report 205893 HE-01205-15 Printed on 08/03/2021 Pitless adapter manufacturer Model At-grade (Environmental Wells and Borings ONLY) Casing Protection 12 in. above grade STA-RITE Does property have any not in use and not sealed well(s)? Grouting Information Well Grouted?Yes No Not Specified No ft.45 Measureland surface 05/13/1965 ft.hrs.Pumping at 20 g.p.m. feet Direction Type Well disinfected upon completion?Yes Not Installed Date Installed Manufacturer's name Model Number HP Volt Length of drop pipe Capacity Typftg.p. 0.5 Submersible Yes No Was a variance granted from the MDH for this well?Yes No Licensee Business Lic. or Reg. No.Name of Driller Stodola Don Well Co.27172 Remarks St.Peter Sandstone Miscellaneous Last Strat Aquifer Depth to Bedrock Located by Locate Method First Bedrock St.Peter Sandstone Minnesota Geological Survey St.Peter 201 Digitization (Screen) - Map (1:24,000) (15 meters or System X Y466842 4969320 ft UTM - NAD83, Zone 15, Meters Unique Number Verification Input Date 01/01/1990Address verification Angled Drill Hole Minnesota Unique Well Number MINNESOTA DEPARTMENT OF HEALTH WELL AND BORING REPORT Minnesota Statutes Chapter 1031436199 County Hennepin Entry Date 07/27/2009 Quad Hopkins Update Date 01/12/2015 Quad ID 104B Received Date Well Name Township Range Dir Section Subsection Well Depth Depth Completed Date Well Completed MW #107 116 22 W 12 AABAAC 37.7 ft.37.7 ft.00/00/1988 Elevation 873 ft.Elev. Method LiDAR 1m DEM (MNDNR)Drill Method Power Auger Drill Fluid Address Use monitor well Status Active Well Hydrofractured?Yes No From To Threaded 2.5 ft. Casing Type Single casing No X Above/BelowYesDrive Shoe? Joint Well 7000 WASHINGTON AV S EDEN PRAIRIE MN Geological Material From To (ft.)Color Hardness FILL, SILTY SAND AND 0 5 BROWN FILL, SAND & SILTY 5 8 BROWN DENSE MED. TO 8 25 LT. BRN DENSE SILTY SAND 25 38 BROWN Stratigraphy Information Casing Diameter Weight 2 27.2in. To ft.lbs./ft. Hole Diameter 8 37.7in. To ft. stainlessScreen?Make JOHNSONXType Diameter Slot/Gauze Length Set 2 10in.ft.27.210 37.2 ft.ft. Open Hole From ft.To ft. Static Water Level Pumping Level (below land surface) Material FromAmount To neat cement ft.3 24.1 ft. concrete ft.3 ft. Wellhead Completion Pump Nearest Known Source of Contamination Abandoned Variance Well Contractor Minnesota Well Index Report 436199 HE-01205-15 Printed on 08/03/2021 Pitless adapter manufacturer Model At-grade (Environmental Wells and Borings ONLY) Casing Protection 12 in. above gradeX X Does property have any not in use and not sealed well(s)? Grouting Information Well Grouted?Yes No Not Specified No ft.29.5 Measureland surface 01/26/1988 feet Direction Type Well disinfected upon completion?Yes X X Not Installed Date Installed Manufacturer's name Model Number HP Volt Length of drop pipe Capacity Typftg.p. Yes No Was a variance granted from the MDH for this well?Yes No Licensee Business Lic. or Reg. No.Name of Driller Gislason, John M0070 KULHANEK Remarks Miscellaneous Last Strat Aquifer Depth to Bedrock Located by Locate Method First Bedrock sand+silt-brown Minnesota Geological Survey Quat. Water Digitization (Screen) - Map (1:12,000) (>15 meters) System X Y468261 4969290 ft UTM - NAD83, Zone 15, Meters Unique Number Verification Input Date 04/18/2014Site Plan Angled Drill Hole Minnesota Unique Well Number MINNESOTA DEPARTMENT OF HEALTH WELL AND BORING REPORT Minnesota Statutes Chapter 1031436200 County Hennepin Entry Date Quad Hopkins Update Date 01/12/2015 Quad ID 104B Received Date Well Name Township Range Dir Section Subsection Well Depth Depth Completed Date Well Completed MW #106 116 22 W 12 AAACBD 42.5 ft.40.9 ft.01/28/1988 Elevation 890 ft.Elev. Method LiDAR 1m DEM (MNDNR)Drill Method Power Auger Drill Fluid Address Use monitor well Status Active Well Hydrofractured?Yes No From To 2.7 ft. Casing Type Single casing No X Above/BelowYesDrive Shoe? Joint Well 7000 WASHINGTON AV S EDEN PRAIRIE MN Geological Material From To (ft.)Color Hardness FILL, SILTY SAND 0 3 DK. BRN FILL, SAND AND SILTY 3 7 BROWN FINE TO MED, V.7 14 LT. BRN DENSE FINE SAND 14 18 LT. BRN V. DENSE FINE TO 18 29 LT. BRN DESNE MEDIUM SAND 29 43 MEDIUMLT. BRN Stratigraphy Information Casing Diameter Weight 2 30.9in. To ft.lbs./ft. Hole Diameter 8 42.5in. To ft. stainlessScreen?Make JOHNSONXType Diameter Slot/Gauze Length Set 2 10in.ft.30.910 40.9 ft.ft. Open Hole From ft.To ft. Static Water Level Pumping Level (below land surface) Material FromAmount To neat cement ft.3 27.6 ft. concrete ft.3 ft. Wellhead Completion Pump Nearest Known Source of Contamination Abandoned Variance Well Contractor Minnesota Well Index Report 436200 HE-01205-15 Printed on 08/10/2021 Pitless adapter manufacturer Model At-grade (Environmental Wells and Borings ONLY) Casing Protection 12 in. above gradeX X Does property have any not in use and not sealed well(s)? Grouting Information Well Grouted?Yes No Not Specified No ft.33 Measureland surface 01/28/1988 feet Direction Type Well disinfected upon completion?Yes X X Not Installed Date Installed Manufacturer's name Model Number HP Volt Length of drop pipe Capacity Typftg.p. Yes No Was a variance granted from the MDH for this well?Yes No Licensee Business Lic. or Reg. No.Name of Driller Gislason, John M0070 KULHANEK Remarks Miscellaneous Last Strat Aquifer Depth to Bedrock Located by Locate Method First Bedrock sand-brown Minnesota Geological Survey Quat. Water Digitization (Screen) - Map (1:12,000) (>15 meters) System X Y468334 4969197 ft UTM - NAD83, Zone 15, Meters Unique Number Verification Input Date 04/18/2014Site Plan Angled Drill Hole Minnesota Unique Well Number MINNESOTA DEPARTMENT OF HEALTH WELL AND BORING REPORT Minnesota Statutes Chapter 1031446976 County Hennepin Entry Date Quad Hopkins Update Date 01/12/2015 Quad ID 104B Received Date Well Name Township Range Dir Section Subsection Well Depth Depth Completed Date Well Completed MW #105 116 22 W 12 AAAADD 45 ft.44.4 ft.01/29/1988 Elevation 884 ft.Elev. Method LiDAR 1m DEM (MNDNR)Drill Method Power Auger Drill Fluid Address Use monitor well Status Active Well Hydrofractured?Yes No From To ThreadedCasing Type Single casing No Above/BelowYesDrive Shoe? Joint Well 7000 WASHINGTON AV S EDEN PRAIRIE MN Geological Material From To (ft.)Color Hardness FILL, MIXTURE OF 0 2 DK. BRN MED. DENSE FINE 2 19 LT. BRN DENSE FINE SAND 19 23 BROWN VERY DENSE FINE 23 30 BROWN VERY DENSE FINE TO 30 36 LT. BRN FINE SAND, DENSE 36 42 BROWN NO SAMPLES TAKEN 42 45 Stratigraphy Information Casing Diameter Weight 2 34.4in. To ft.lbs./ft. Hole Diameter 8 45in. To ft. stainlessScreen?Make JOHNSONXType Diameter Slot/Gauze Length Set 2 10in.ft.34.410 44.4 ft.ft. Open Hole From ft.To ft. Static Water Level Pumping Level (below land surface) Material FromAmount To neat cement ft.3 31.4 ft. concrete ft.3 ft. Wellhead Completion Pump Nearest Known Source of Contamination Abandoned Variance Well Contractor Minnesota Well Index Report 446976 HE-01205-15 Printed on 08/10/2021 Pitless adapter manufacturer Model At-grade (Environmental Wells and Borings ONLY) Casing Protection 12 in. above gradeX X Does property have any not in use and not sealed well(s)? Grouting Information Well Grouted?Yes No Not Specified No ft.37 Measureland surface 01/29/1988 feet Direction Type Well disinfected upon completion?Yes X X Not Installed Date Installed Manufacturer's name Model Number HP Volt Length of drop pipe Capacity Typftg.p. Yes No Was a variance granted from the MDH for this well?Yes No Licensee Business Lic. or Reg. No.Name of Driller Gislason, John M0070 KULHANEK Remarks Miscellaneous Last Strat Aquifer Depth to Bedrock Located by Locate Method First Bedrock Quaternary deposit Minnesota Geological Survey Quat. Water Digitization (Screen) - Map (1:12,000) (>15 meters) System X Y468465 4969241 ft UTM - NAD83, Zone 15, Meters Unique Number Verification Input Date 04/18/2014Site Plan Angled Drill Hole Minnesota Unique Well Number MINNESOTA DEPARTMENT OF HEALTH WELL AND BORING REPORT Minnesota Statutes Chapter 1031453773 County Hennepin Entry Date 09/17/1991 Quad Hopkins Update Date 02/08/2016 Quad ID 104B Received Date Well Name Township Range Dir Section Subsection Well Depth Depth Completed Date Well Completed RANDOM 116 22 W 1 DDBDBC 297 ft.297 ft.03/01/1989 Elevation 900 ft.Elev. Method 7.5 minute topographic map (+/- 5 feet)Drill Method Non-specified Rotary Drill Fluid Address Use domestic Status Unknow Well Hydrofractured?Yes No From To ThreadedCasing Type Telescoping No X Above/BelowYesDrive Shoe? Joint C/W 9930 69TH ST W EDEN PRAIRIE MN 55344 Geological Material From To (ft.)Color Hardness CLAY & GRAVEL 0 120 CLAY 120 178 GRAVEL & LIME 178 234 SHAKOPEE 234 236 SHAKOPEE 236 297 Stratigraphy Information Casing Diameter Weight 4 275in. To ft.lbs./ft. 3 274in. To ft.lbs./ft. Screen?MakeType 275Open Hole From ft.To ft.297 Static Water Level Pumping Level (below land surface) AT 207 FEET THE 3 INCH CASING STARTS AND GOES TO 274 FEET. GAMMA LOGGED AND T.V. 10-27-1997. Material FromAmount To cuttings ft.0 ft.0 Wellhead Completion Pump Nearest Known Source of Contamination Abandoned Variance Well Contractor Minnesota Well Index Report 453773 HE-01205-15 Printed on 08/03/2021 WHITEWATERPitless adapter manufacturer Model At-grade (Environmental Wells and Borings ONLY) Casing Protection 12 in. above gradeX MYERS X Does property have any not in use and not sealed well(s)? Grouting Information Well Grouted?Yes No Not Specified No ft.45 Measureland surface 03/01/1989 ft.45 hrs.4 Pumping at 20 g.p.m. feet Direction Type Well disinfected upon completion?X Yes Not Installed Date Installed Manufacturer's name Model Number HP Volt Length of drop pipe Capacity Typftg.p. 03/20/1989 5 230 84 Submersible XYes No Was a variance granted from the MDH for this well?Yes No Licensee Business Lic. or Reg. No.Name of Driller Stodola Don Well Co.27172 MCMAHON, F. Remarks Prairie Du Chien Group Miscellaneous Last Strat Aquifer Depth to Bedrock Located by Locate Method First Bedrock Prairie Du Chien Group Minnesota Geological Survey Prairie Du Chien 236 Digitization (Screen) - Map (1:24,000) (15 meters or System X Y468188 4969608 ft UTM - NAD83, Zone 15, Meters Unique Number Verification Input Date 06/02/2000Information from Angled Drill Hole Minnesota Unique Well Number MINNESOTA DEPARTMENT OF HEALTH WELL AND BORING REPORT Minnesota Statutes Chapter 1031505100 County Hennepin Entry Date 09/17/1991 Quad Hopkins Update Date 01/12/2015 Quad ID 104B Received Date Well Name Township Range Dir Section Subsection Well Depth Depth Completed Date Well Completed WOODALE 116 22 W 1 CBCDBA 308 ft.308 ft.04/17/1990 Elevation 900 ft.Elev. Method LiDAR 1m DEM (MNDNR)Drill Method Non-specified Rotary Drill Fluid Address Use irrigation Status Active Well Hydrofractured?Yes No From To ThreadedCasing Type Single casing No X Above/BelowYesDrive Shoe? Joint C/W 6630 SHADY OAK RD EDEN PRAIRIE MN 55344 Geological Material From To (ft.)Color Hardness GRAVEL 0 100 SANDSTONE 100 172 SHALE 172 192 SHAKOPEE 192 308 Stratigraphy Information Casing Diameter Weight 6 192in. To ft.lbs./ft. Hole Diameter 8.2 308in. To ft. Screen?MakeType 192Open Hole From ft.To ft.308 Static Water Level Pumping Level (below land surface) Material FromAmount To cuttings ft.ft. Wellhead Completion Pump Nearest Known Source of Contamination Abandoned Variance Well Contractor Minnesota Well Index Report 505100 HE-01205-15 Printed on 08/03/2021 Pitless adapter manufacturer Model At-grade (Environmental Wells and Borings ONLY) Casing Protection 12 in. above grade GRUNDFOS X Does property have any not in use and not sealed well(s)? Grouting Information Well Grouted?Yes No Not Specified No ft.90 Measureland surface 04/17/1990 ft.80 hrs.4 Pumping at 100 g.p.m. feet Direction Type Well disinfected upon completion?X Yes Not Installed Date Installed Manufacturer's name Model Number HP Volt Length of drop pipe Capacity Typftg.p. 05/00/1990 3 PHASE 15 100180 Submersible XYes No Was a variance granted from the MDH for this well?Yes No Licensee Business Lic. or Reg. No.Name of Driller Stodola Don Well Co.27172 MCMAHON, F. Remarks St.Peter Sandstone Miscellaneous Last Strat Aquifer Depth to Bedrock Located by Locate Method First Bedrock Prairie Du Chien Group Minnesota Geological Survey Prairie Du Chien 100 GPS SA Off (averaged) (15 meters) System X Y467018 4969861 ft UTM - NAD83, Zone 15, Meters Unique Number Verification Input Date 04/23/2014Address verification Angled Drill Hole Minnesota Unique Well Number MINNESOTA DEPARTMENT OF HEALTH WELL AND BORING REPORT Minnesota Statutes Chapter 1031624931 County Hennepin Entry Date 06/14/2000 Quad Hopkins Update Date 03/03/2017 Quad ID 104B Received Date Well Name Township Range Dir Section Subsection Well Depth Depth Completed Date Well Completed RANDOM 116 22 W 1 DDBDBD 187 ft.187 ft.07/09/1999 Elevation 883 ft.Elev. Method LiDAR 1m DEM (MNDNR)Drill Method Non-specified Rotary Drill Fluid Bentonite Address Use domestic Status Sealed Well Hydrofractured?Yes No From To Casing Type Single casing No Above/BelowYesDrive Shoe? Joint Well 9930 69TH ST W EDEN PRAIRIE MN 55344 Geological Material From To (ft.)Color Hardness CLAY-GRAVEL 0 20 MEDIUMBROWN GRAVEL 20 120 MEDIUMTAN CLAY 120 173 SOFTGRAY SAND 173 187 SOFTTAN Stratigraphy Information Casing Diameter Weight 4 178in. To ft.lbs./ft. Hole Diameter 8 187in. To ft. stainlessScreen?Make JOHNSONXType Diameter Slot/Gauze Length Set 3 10in.ft.1788 187 ft.ft. Open Hole From ft.To ft. Static Water Level Pumping Level (below land surface) SEALED 02-24-2015 BY 1691. Material FromAmount To bentonite ft.0 178 ft.30 Sacks Wellhead Completion Pump Nearest Known Source of Contamination Abandoned Variance Well Contractor Minnesota Well Index Report 624931 HE-01205-15 Printed on 08/03/2021 WHITEWATERPitless adapter manufacturer Model At-grade (Environmental Wells and Borings ONLY) Casing Protection 12 in. above gradeX MYERS X Does property have any not in use and not sealed well(s)? Grouting Information Well Grouted?Yes No Not Specified No ft.35 Measureland surface 07/09/1999 ft.175 hrs.4 Pumping at 60 g.p.m. 135 feet East Direction Septic tank/drain field Type Well disinfected upon completion?X Yes Not Installed Date Installed Manufacturer's name Model Number HP Volt Length of drop pipe Capacity Typftg.p. 08/13/1999 2343168304 3 230 42142 Submersible XYes No Was a variance granted from the MDH for this well?Yes X No Licensee Business Lic. or Reg. No.Name of Driller Stodola Don Well Co.27172 LEIBY, F. Remarks Miscellaneous Last Strat Aquifer Depth to Bedrock Located by Locate Method First Bedrock sand-brown Minnesota Geological Survey Quat. buried GPS SA Off (averaged) (15 meters) System X Y468224 4969616 ft UTM - NAD83, Zone 15, Meters Unique Number Verification Input Date 04/23/2014Address verification Angled Drill Hole Appendix B DNR Natural Heritage Database Search Blue Stem North Residential Development Eden Prairie, Hennepin County, Minnesota This page is intentionally blank DNR Natural Heritage Database letter to be provided when received. Appendix C State Historic Preservation Office Correspondence Blue Stem North Residential Development Eden Prairie, Hennepin County, Minnesota This page is intentionally blank 1 David Weetman From:MN_MNIT_Data Request SHPO <DataRequestSHPO@state.mn.us> Sent:Tuesday, June 22, 2021 7:18 PM To:Ryan Grohnke Subject:RE: Database Request_Liberty Attachments:Archaeology.xls; History.xls Hello Ryan, Please see attached. Jim SHPO Data Requests Minnesota State Historic Preservation Office 50 Sherburne Avenue, Suite 203 Saint Paul, MN 55155 (651) 201-3299 datarequestshpo@state.mn.us Notice: This email message simply reports the results of the cultural resources database search you requested. The database search is only for previously known archaeological sites and historic properties. IN NO CASE DOES THIS DATABASE SEARCH OR EMAIL MESSAGE CONSTITUTE A PROJECT REVIEW UNDER STATE OR FEDERAL PRESERVATION LAWS – please see our website at https://mn.gov/admin/shpo/protection/ for further information regarding our Environmental Review Process. Because the majority of archaeological sites in the state and many historic/architectural properties have not been recorded, important sites or properties may exist within the search area and may be affected by development projects within that area. Additional research, including field surveys, may be necessary to adequately assess the area’s potential to contain historic properties or archaeological sites. Properties that are listed in the National Register of Historic Places (NRHP) or have been determined eligible for listing in the NRHP are indicated on the reports you have received, if any. The following codes may be on those reports: NR – National Register listed. The properties may be individually listed or may be within the boundaries of a National Register District. CEF – Considered Eligible Findings are made when a federal agency has recommended that a property is eligible for listing in the National Register and MN SHPO has accepted the recommendation for the purposes of the Environmental Review Process. These properties need to be further assessed before they are officially listed in the National Register. SEF – Staff eligible Findings are those properties the MN SHPO staff considers eligible for listing in the National Register, in circumstances other than the Environmental Review Process. DOE – Determination of Eligibility is made by the National Park Service and are those properties that are eligible for listing in the National Register, but have not been officially listed. CNEF – Considered Not Eligible Findings are made during the course of the Environmental Review Process. For the purposes of the review a property is considered not eligible for listing in the National Register. These properties may need to be reassessed for eligibility under additional or alternate contexts. Properties without NR, CEF, SEF, DOE, or CNEF designations in the reports may not have been evaluated and therefore no assumption to their eligibility can be made. Integrity and contexts change over time, therefore any eligibility determination made ten (10) or more years from the date of the current survey are considered out of date and the property will need to be reassessed. If you require a comprehensive assessment of a project’s potential to impact archaeological sites or historic/architectural properties, you may need to hire a qualified archaeologist and/or historian. If you need assistance with a project review, please contact Kelly Gragg-Johnson, Environmental Review Specialist @ 651-201-3285 or by email at kelly.graggjohnson@state.mn.us. 2 The Minnesota SHPO Archaeology and Historic/Architectural Survey Manuals can be found at https://mn.gov/admin/shpo/identification-evaluation/. Given the Governor's implementation of Stay Safe MN, SHPO staff will continue to work remotely and be available via phone and email, and the SHPO office will be closed to visitors and unable to accommodate in- person research and deliveries. Mail is being delivered to the office via USPS, FedEx and UPS, however, staff have limited weekly access to sort and process mail. Our office will continue to take file search requests via DataRequestSHPO@state.mn.us. Check SHPO's webpage for the latest updates and we thank you for your continued patience. From: Ryan Grohnke <Ryan.Grohnke@westwoodps.com> Sent: Thursday, June 17, 2021 9:52 AM To: MN_MNIT_Data Request SHPO <DataRequestSHPO@state.mn.us> Subject: Database Request_Liberty Hello, Could you do a database search for these areas: Township 117, Range 22 Section: 36 Township 116, Range 22 Sections: 1, 2, 11, 12 Township 116, Range 21 Sections: 6, 7 Thank you, Ryan Ryan Grohnke Cultural Resources Manager ryan.grohnke@westwoodps.com direct (952) 906-7403 main (952) 937-5150 cell (612) 209-3352 Westwood 12701 Whitewater Drive, Suite 300 Minnetonka, MN 55343 westwoodps.com (888) 937-5150 This message may be from an external email source. Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security Operations Center. Appendix D Traffic Impact Study Blue Stem North Residential Development Eden Prairie, Hennepin County, Minnesota This page is intentionally blank Memorandum www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Fax: 1.866.440.6364 An Equal Opportunity Employer SRF No. 14893 To: Carter Schulze, PE, Assistant City Engineer City of Eden Prairie From: Brent Clark, PE, Senior Engineer Tom Sachi, PE, Associate Date: September 23, 2021 Subject: Flying Cloud Apartments EAW Traffic Analysis Introduction SRF has completed a traffic study for the proposed multi-family housing development located in the northeast quadrant of the Flying Cloud Drive/West 70th Street intersection in the City of Eden Prairie (see Figure 1: Project Location). The main objectives of the study are to review existing operations within the study area, evaluate impacts to the adjacent roadway network due to the development, and recommend any necessary improvements to accommodate the proposed development with safe and efficient operations for all modes of transportation. The following information provides the assumptions, analysis, and study recommendations offered for consideration. Existing Conditions Existing conditions were reviewed to establish a baseline to identify any future impacts associated with the proposed development. The evaluation of existing conditions includes a review of traffic volumes, roadway characteristics, and an intersection capacity analysis, which are summarized in the following sections. Traffic Volumes Weekday a.m. and p.m. peak period vehicular turning movement and pedestrian/bicyclist counts were collected by SRF at the following study intersections on Thursday, August 5, 2021: Flying Cloud Drive and Shady Oak Road Flying Cloud Drive and W 70th Street West 70th Street and Shady Oak Road Note that data collection efforts were conducted during a combination of the COVID-19 pandemic and ongoing Southwest Light Rail (SWLRT) construction within the region. Comparing the newly collected traffic volumes with historical turning movement counts indicate that traffic volumes are approximately 50 percent lower than normal conditions for the study area. Therefore, the newly collected turning movements were adjusted to reflect non-COVID/construction conditions by using a combination of recently collected (2017) ADT volumes and turning movement counts collected as part of the Golden Triangle Area Subarea Assessment, which was completed by SRF in 2018 as part of the City of Eden Prairie’s 2040 Transportation Plan. West 70th Street S h a d y O a k R o a d Flying Cloud Drive212 NORTHNorth02014893 September 2021 Project Location Figure 1H:\Projects\14000\14893\TraffStudy\Figures\Fig01_Project Location.cdrFlying Cloud Drive Apartments EAW Traffic Analysis City of Eden Prairie, MN Project Location Golden Triangle StationProposed SWLRT Flying Cloud Apartments EAW Traffic Analysis September 23, 2021 Page 3 Roadway Characteristics A field assessment was completed to identify various roadway characteristics within the transportation system study area, such as functional classification, general configuration, and posted speed limit. A summary of these roadway characteristics is shown in Table 1. Note that these are general characteristics and that there are some deviations within portions of the roadway segments. For example, Shady Oak Road transitions from a four-lane divided roadway to a two-lane undivided roadway east of Flying Cloud Drive. Table 1. Existing Roadway Characteristics (1) Functional Classification based on the City of Eden Prairie’s 2040 Comprehensive Plan. From a traffic control perspective, the Shady Oak Road/Flying Cloud Drive intersection is signalized, whereas the other two study intersections are unsignalized with side-street stop control. Existing geometrics, traffic controls, and traffic volumes in the study area are shown in Figure 2. Intersection Capacity Analysis An intersection capacity analysis was completed using Synchro/SimTraffic software to establish a baseline condition to which future traffic operations could be compared. Capacity analysis results identify a Level of Service (LOS) which indicates how well an intersection is operating. Intersections are graded from LOS A through LOS F. The LOS results are based on average delay per vehicle, which correspond to the delay threshold values shown in Table 2. LOS A indicates the best traffic operation, while LOS F indicates an intersection where demand exceeds capacity. Overall intersection LOS A though LOS D is generally considered acceptable based on MnDOT guidelines. Table 2. Level of Service Criteria for Signalized and Unsignalized Intersections LOS Designation Signalized Intersection Average Delay/Vehicle (seconds) Unsignalized Intersection Average Delay/Vehicle (seconds) A ≤ 10 ≤ 10 B > 10 - 20 > 10 - 15 C > 20 - 35 > 15 - 25 D > 35 - 55 > 25 - 35 E > 55 - 80 > 35 - 50 F > 80 > 50 Roadway Functional Classification (1) General Configuration Posted Speed Limit (mph) Shady Oak Road A-Minor Reliever 4-lane divided/ 2-lane undivided 30 Flying Cloud Drive Major Collector 3-lane undivided 30 West 70th Street Local Roadway 2-lane undivided 30 West 70th Street S h a d y O a k R o a d Flying Cloud Drive212NORTHNorth (198) 33(4) 6(8) 2Flying Cloud Dr 57 (459)1 (14)2 (11) Shady O a k R d (92) 4 8 1 (255) 4 6 2 (28) 2 0 4 5 ( 7 ) 175 ( 6 2 7 ) 2 ( 6 ) (61) 66(312) 235Shady Oak Rd 85 (30)248 (257) W 70th St (79) 15 (88) 12 (115) 15(9) 8Flying Cloud Dr 103 (30)94 (18) W 70th St 16 (95) 10 (16) 02014893 September 2021 Existing Conditions Figure 2H:\Projects\14000\14893\TraffStudy\Figures\Fig02_Existing Conditions.cdrFlying Cloud Drive Apartments EAW Traffic Analysis City of Eden Prairie, MN Project Location XX (XX) - A.M. Peak Hour Volume - P.M. Peak Hour Volume - Side-Street Stop Control - Signalized Control LEGEND Golden Triangle StationProposed SWLRT Flying Cloud Apartments EAW Traffic Analysis September 23, 2021 Page 5 For side-street stop/yield-controlled intersections, special emphasis is given to providing an estimate for the level of service of the side-street approach. Traffic operations at an unsignalized intersection with side-street stop/yield control can be described in two ways. First, consideration is given to the overall intersection level of service. This takes into account the total number of vehicles entering the intersection and the capability of the intersection to support these volumes. Second, it is important to consider the delay on the minor approach. Since the mainline does not have to stop, the majority of delay is attributed to the side-street approaches. It is typical of intersections with higher mainline traffic volumes to experience high-levels of delay (i.e., poor levels of service) on the side-street approaches, but an acceptable overall intersection level of service. Results of the existing capacity analysis, shown in Table 3, indicate that all study intersections currently operate at an acceptable overall LOS B or better during the weekday a.m. and p.m. peak hours with the existing traffic control, signal timing, and geometric layout. No significant queues or side-street delays were identified. Table 3. Existing Intersection Capacity Analysis Intersection A.M. Peak Hour P.M. Peak Hour LOS Delay LOS Delay Flying Cloud Drive / Shady Oak Road A 9 sec. B 13 sec. Flying Cloud Drive / West 70th Street (1) A/A 2 sec. A/A 3 sec. West 70th Street / Shady Oak Road (1) A/A 2 sec. A/A 9 sec. (1) Indicates an unsignalized intersection with side-street stop control, where the overall LOS is shown followed by the worst approach LOS. The delay shown represents the worst side-street approach delay. Planned Roadway Improvements West 70th Street, which previously terminated at the Bluestem Brands parking lot, was reconstructed in 2016 to connect Flying Cloud Drive and Shady Oak Road. The reconstruction project helped provide better area connectivity within the Golden Triangle area and facilitate the proposed SWLRT station. Additional roadway improvements at the center and east segments of West 70th Street are expected in the next two (2) or three (3) years, respectively. As part of the SWLRT project, the center of West 70th Street will be reconstructed to accommodate the proposed at-grade rail crossing and to provide on-street bus stops. In addition, a northbound left-turn lane will be constructed at the West 70th Street/Shady Oak Road intersection as part of the SWLRT project. The City of Eden Prairie is planning to reconstruct the east segment of West 70th Street in 2023. The east segment improvements will provide increased vehicular capacity at the West 70th Street/Shady Oak Road intersection (i.e., an eastbound right-turn lane), as well as provide multi-modal facilities along the roadway. As part of the study, these improvements were assumed in the future build conditions. Flying Cloud Apartments EAW Traffic Analysis September 23, 2021 Page 6 Proposed Development The proposed development, shown in Figure 3, includes construction of three (3) mid-rise apartment buildings located in the northeast quadrant of the Flying Cloud Drive/West 70th Street intersection, an area that is currently vacant. The proposed development is expected to be constructed in two (2) phases and will consist of a total of 425 residential units. The initial phase (which consists of Buildings 1A/1B with a total of 237-units) is expected to be completed in 2022/2023, and the second phase (Building 2 with 188-units) is expected to be completed in 2024/2025. For the purposes of this study, year 2025 was used as the build analysis year, as both phases are expected to be completed and the analysis year aligns with other adjacent developments/roadway improvements (i.e., SWLRT and West 70th Street Improvements). Access to the development is proposed at the following three (3) locations along Flying Cloud Drive: North Access – Provides direct access to the underground parking for Buildings 1A and 1B Middle Access – Provides surface parking access (assumed for visitors/staff), as well as an additional underground parking access to Building 2. South Access – Provides direct access to the underground parking for Building 2 Traffic Forecasts Year 2025 (i.e., year of opening) forecasts take into account general area background growth, the proposed SWLRT park-and-ride, and traffic generated by the proposed development. The following sections outline the overall traffic forecast development process and assumptions, as well as the proposed development trip generation. Background Traffic Growth To account for general background growth in the area, an annual growth rate of two and a half (2.5) percent was applied to the existing peak hour traffic volumes to develop year 2025 background forecasts. This growth rate was developed using a combination of historical average daily traffic (ADT) volumes from surrounding roadways as published by MnDOT, traffic forecasts from the City of Eden Prairie 2040 Comprehensive Plan, and engineering judgment. Southwest Light Rail The Southwest Light Rail (SWLRT) is an approximately 14.5-mile extension of the existing METRO Green Line that will connect Minneapolis to Eden Prairie. Construction for the project began in 2019 and is expected to be completed in 2023. As part of the project, 16 new LRT stations will be constructed, including the “Golden Triangle” station, which is located immediately southeast of the proposed development. The Golden Triangle station will include an approximately 74-stall park-and- ride lot. Therefore, to account for the proposed park-and-ride, trip generation estimates were developed based on the SWLRT technical memorandum Park-and-Ride Trip Generation, dated August 2014, and distributed to the roadway network. NORTHNorthWest 70th Street Building 1 AFlying Cloud Drive212 02014893 September 2021 Site Plan Figure 3H:\Projects\14000\14893\TraffStudy\Figures\Fig03_Site Plan.cdrFlying Cloud Drive Apartments EAW Traffic Analysis City of Eden Prairie, MN Golden Triangle Station and Park-and-Ride Building 1 B Building 2 Flying Cloud Apartments EAW Traffic Analysis September 23, 2021 Page 8 Proposed Development Trip Generation To account for traffic impacts associated with the proposed development, trip generation estimates were developed for the a.m. and p.m. peak hours, and on a daily basis. These estimates, shown in Table 4, were developed using the ITE Trip Generation Manual, 10th Edition. Note a 20 percent light rail reduction was applied to the proposed development trip generation to account for trips that are expected to use the adjacent SWLRT station. Table 4. Proposed Development Trip Generation Land Use Type (ITE Code) Size A.M. Peak Hour P.M. Peak Hour Daily Trips In Out In Out Mid-Rise Multi-family (221) 425 DU 46 132 114 64 2,019 Light Rail Reductions (20%) (1) (-9) (-26) (-23) (-13) (-404) New Site Trips 37 106 91 51 1,615 (1) A 20 percent light rail reduction was applied to trip generation estimates to account for the adjacent SWLRT station. Accounting for the light rail reductions, the proposed development is expected to generate approximately 143 a.m. peak hour, 142 p.m. peak hour, and 1,615 daily trips. These trips were distributed throughout the area based on the directional distribution shown in Figure 4, which was developed based existing travel patterns and engineering judgement. The resultant year 2025 build traffic forecasts, which include general area background growth, the SWLRT park-and-ride trips, and traffic generated by the proposed development, are shown in Figure 5. Year 2025 Build Conditions To determine how the study intersections and site access will operate under year 2025 build conditions, an intersection capacity analysis was completed using Synchro/SimTraffic software. As mentioned previously, the West 70th Street improvements were included in the analysis, particularly the addition of an eastbound right-turn lane at the Shady Oak Road/West 70th Street intersection. In addition, Flying Cloud Drive was assumed to be re-striped to provide southbound left-turn lanes into the site, which is consistent with other driveway accesses along Flying Cloud Drive. Results of the analysis, summarized in Table 5, indicate that all study intersections are expected to continue to operate at an acceptable overall LOS B or better during the weekday a.m. and p.m. peak hours. In general, side-street stop delays and queuing are expected to slightly worsen as area development occurs (i.e., from background growth, SWLRT park-and-ride, and the proposed development), however, no operational or queuing issues are expected. In addition, no signal timing adjustments are needed at the Flying Cloud Drive/Shady Oak Road intersection to accommodate the proposed development. West 70th Street S h a d y O a k R o a d Flying Cloud Drive212 NORTHNorth10%30% 60% 02014893 September 2021 Directional Distribution Figure 4H:\Projects\14000\14893\TraffStudy\Figures\Fig04_Directional Distribution.cdrFlying Cloud Drive Apartments EAW Traffic Analysis City of Eden Prairie, MN West 70th Street S h a d y O a k R o a d Flying Cloud Drive212NORTHNorth (270) 105(5) 10(10) 5Flying Cloud Dr 65 (510)5 (15)5 (15) Shady O a k R d (105) 5 3 5 (285) 5 1 0 (90) 2 7 0 10 ( 1 0 ) 195 ( 6 9 5 ) 5 ( 1 0 ) XX (XX) - A.M. Peak Hour Volume - P.M. Peak Hour Volume - Side-Street Stop Control - Signalized Control LEGEND (100) 95(345) 260Shady Oak Rd 95 (35)275 (285) W 70th St (90) 20 (125) 50 (140) 25(15) 15Flying Cloud Dr 125 (40)160 (40) W 70th St 35 (155) 15 (25) 02014893 September 2021 2025 Build Conditions Figure 5H:\Projects\14000\14893\TraffStudy\Figures\Fig05_2025 Build Conditions.cdrFlying Cloud Drive Apartments EAW Traffic Analysis City of Eden Prairie, MN Golden Triangle Park and RideProposed SWLRT(275) 45(20) 10Flying Cloud Dr 265 (70)10 (25) South Access 30 (15) 20 (10)(285) 75(0) 0Flying Cloud Dr 270 (95)5 (5) Middle Access 5 (5) 0 (0)(265) 70(20) 10Flying Cloud Dr 250 (85)15 (30) North Access 35 (20) 25 (15) 60th Street Flying Cloud Apartments EAW Traffic Analysis September 23, 2021 Page 11 Table 5. Year 2025 Build Intersection Capacity Analysis Intersection A.M. Peak Hour P.M. Peak Hour LOS Delay LOS Delay Flying Cloud Drive / Shady Oak Road B 10 sec. B 15 sec. Flying Cloud Drive / West 70th Street (1) A/A 2 sec. A/A 4 sec. West 70th Street / Shady Oak Road (1) A/A 3 sec. A/A 8 sec. Flying Cloud Drive / North Access (1) A/A 4 sec. A/A 7 sec. Flying Cloud Drive / Middle Access (1) A/A 2 sec. A/A 5 sec. Flying Cloud Drive / South Access (1) A/A 5 sec. A/A 6 sec. (1) Indicates an unsignalized intersection with side-street stop control, where the overall LOS is shown followed by the worst approach LOS. The delay shown represents the worst side-street approach delay. Site Plan Review A review of the proposed site plan was completed to identify any issues and recommend potential improvements with regard to access, circulation, parking, sight distance, and pedestrian facilities. Based on this review, the following considerations were identified and are illustrated in Figure 6. 1) The proposed North Access location is expected to be only approximately 50 feet south of another existing access. Two closely spaced intersections may result in additional conflict points and driver confusion. Consider exploring opportunities to combine the two access locations. 2) Consider removing parking and extending curb and gutter to reduce parking/entrance conflicts. 3) Considering reconfiguring the parking lot to one-way operations to reduce conflicts and driver confusion. This can be accomplished through signing and striping, as well as converting parking to angled parking. 4) The Building 2 access garage is located approximately 50 feet from Flying Cloud Drive. During the a.m. peak hour, maximum vehicle queues are expected to extend approximately 60 feet. Therefore, ensure that the garage entry can safely accommodate queued vehicles or consider shifting the building location to provide more vehicle storage. 5) Limit any sight distance impacts from future structures, landscaping, and signing. 6) Review turning movements to ensure heavy vehicles have adequate accommodation to maneuver. 7) In general, the proposed development provides acceptable multi-modal connectivity to/from the proposed SWLRT station. NORTHNorth5) Limit any sight distance impacts from future structures, landscaping, and signing 6) Review turning movements to ensure heavy vehicles have adequate accommodation to maneuver 02014893 September 2021 Site Plan Considerations Figure 6H:\Projects\14000\14893\TraffStudy\Figures\Fig06_Site Plan Considerations.cdrFlying Cloud Drive Apartments EAW Traffic Analysis City of Eden Prairie, MN 1) Consider exploring opportunities to combine access locations to reduce conflicts and driver confusion 3) Consider reconfiguring parking lot to one-way operations through signing, striping, and angled parking 2) Consider removing parking and extending curb and gutter to reduce parking/entrance conflicts 4) Ensure the garage entry can safely accommodate queued vehicles or consider shifting the building location to provide more vehicle storage Flying Cloud Apartments EAW Traffic Analysis September 23, 2021 Page 13 Summary and Conclusion The following summary and conclusions are offered for consideration: 1) All study intersections currently operate at an acceptable overall LOS B or better during the a.m. and p.m. peak hours. No operational or queuing issues were observed. 2) The current development proposal includes construction of three mid-rise apartment buildings, with a total of 425 residential units, and is located in the northeast quadrant of the Flying Cloud Drive/West 70th Street intersection. Three access locations are proposed to the development along Flying Cloud Drive. The development is adjacent to the proposed SWLRT Golden Triangle Station park-and-ride. 3) When accounting for light rail reductions associated with the adjacent SWLRT station, the proposed development is expected to generate approximately 143 a.m. peak hour, 142 p.m. peak hour, and 1,615 daily new site trips. 4) The year 2025 build intersection capacity analysis indicates that all study intersections are expected to continue to operate at an overall LOS B or better during the weekday a.m. and p.m. peak hours. No operational or queuing issues are expected, and no signal timing adjustments are needed at the West 70th Street/Shady Oak Road intersection. 5) A review of the proposed site plan was completed to identify any issues and recommend potential improvements regarding access, circulation, parking, sight distance, and pedestrian facilities. Improvements are offered for consideration and are found in the site plan review section. Response to Comments, Findings of Fact, and Record of Decision Blue Stem North Environmental Assessment Worksheet February 2022 RGU PROPOSER City of Eden Prairie Julie Klima Community Development Director 8080 Mitchell Road Eden Prairie, Minnesota 55344 Phone: (952) 949-8489 jklima@edenprairie.org Greco Properties, LLC Josh Brandsted President 607 Washington Ave N, Ste 100 Minneapolis, MN 55401 Phone: (612) 877-0998 jbrandsted@choosegreco.com i CITY OF EDEN PRAIRIE Response to Comments, Findings of Fact, and Record of Decision Blue Stem North Environmental Assessment Worksheet February 2022 CONTENTS Title Page INTRODUCTION ................................................................................................................................ 1 EAW Notification, Distribution, and Comment Period ..................................................................... 1 COMMENTS RECEIVED ................................................................................................................. 1 RESPONSE TO COMMENTS ........................................................................................................... 1 FINDINGS OF FACT ........................................................................................................................ 12 Project Description ........................................................................................................................... 12 Proposed Project ........................................................................................................................... 12 Site Description and Existing Conditions .................................................................................... 12 Decision Regarding the Potential for Significant Environmental Effects ........................................ 12 A. Type, Extent, and Reversibility of Environmental Effects..................................................... 12 B. Cumulative Potential Effects .................................................................................................. 15 C. Extent to Which the Environmental Effects are Subject to Mitigation .................................. 15 D. Extent to Which Environmental Effects can be Anticipated and Controlled ......................... 17 RECORD OF DECISION ................................................................................................................. 17 TABLES Table 1. Permits and Approvals ........................................................................................................... 15 APPENDICES A. Written Comments Submitted to the City of Eden Prairie B. Sim Traffic Report C. Resolution No. XXXX-XX 1 INTRODUCTION Blue Stem North is proposed on approximately 15.3 acres of vacant land in an area known as the Golden Triangle in the northeastern part of the City of Eden Prairie, Hennepin County, Minnesota. The project is adjacent to the Southwest LRT Golden Triangle Station. The proposed project would include three buildings ranging from 4 to 6 stories with a total of 425 housing units and structured parking along with complimentary interior and exterior amenity spaces. Approximately 11.3 acres of the 15.3 total is planned as open space, which will include trails, wetlands and buffers, woodlands, and a stormwater pond. An Environmental Assessment Worksheet (EAW) was prepared pursuant to Minnesota Rules 4410.4300, Subp. 19.D. (Residential Development). The EAW and the respective comments have been reviewed in accordance with Minnesota Rules 4410.1700 to determine if the project has potential for significant environmental effects. This document includes responses to comments received by the City of Eden Prairie (City), the Findings of Fact supporting the decision, and the Record of Decision indicating an Environmental Impact Statement (EIS) is not necessary for this project. EAW Notification, Distribution, and Comment Period In accordance with Minnesota Rules 4410.1500, the EAW was completed and distributed to persons and agencies on the official Environmental Quality Board (EQB) distribution list. The notification was published in the EQB Monitor on November 23, 2021, initiating the 30-day public comment period. A public notice was published in the Sun Sailor on November 25, 2021. The comment period ended on December 23, 2021. COMMENTS RECEIVED The City received written comment letters from seven agencies: 1. Minnesota Department of Natural Resources (MnDNR, December 22, 2021) 2. Metropolitan Council (MetC, December 21, 2021) 3. Minnesota Pollution Control Agency (MPCA, December 17, 2021) 4. Hennepin County Highway Division (HennCo, December 22, 2021) 5. Minnesota Department of Transportation (MnDOT, December 9, 2021) 6. Minnesota State Historic Preservation Office (MnSHPO, December 15, 2021) 7. Nine Mile Creek Watershed District (NMCWD, December 20, 2021) None of the comments recommended preparation of an EIS. The City of Eden Prairie did not receive comments from residents or individual members of the public. RESPONSE TO COMMENTS This document responds to comments on a letter-by-letter basis. It includes each comment followed by responses. Comment letters are included in Appendix A. Responses to comments are generally confined to substantive issues that “address the accuracy and completeness of the material contained in the EAW, potential impacts that may warrant further investigation before the project is commenced, and the need for an EIS on the proposed project.” (MN Rules 4410.1600). Some comments included general remarks, recommendations, or permit requirements. Such comments are noted for the record. 2 Minnesota Pollution Control Agency (MPCA) Permits and Approvals Comment (Item 8): MPCA Permits and Approvals (Item 8) Response: • Based on the current plan, a Section 404 permit is not anticipated to be needed. Previous work was done on the site under US Army Corps of Engineers (USACE) permits 97- 03043-IP-JJY and 2006-03890-JJY. There are currently no proposed impacts to the wetlands or wetland mitigation areas previously established, so no modifications to those previous permits is anticipated. If changes result in a Section 404 permit being required, a MPCA Section 401 Certification will also be obtained. This permit has been added to the permit table. MPCA Water Resources Comment (Item 11): 3 MPCA Stormwater Response (Item 11): • The stormwater pond has been removed from the project plans and the applicant is not planning to use existing wetlands for stormwater discharge without pre-treatment that meets current stormwater and NMCWD permit standards. • The project is treating 1.1 inches of the water quality volume in an underground infiltration system consisting of underground perforated CMP pipe. The system is not designed to discharge to the storm sewer. • The underground infiltration system provides the required infiltration to meet water quality volumes. Pre-treatment consists of sump manholes prior to discharge to the underground system. • The boardwalks have been removed from the project design. • The project has been designed to minimize impervious surfaces with the majority of parking existing underground. The project proposer will consider using pavers or other pervious products to further reduce impervious surfaces. • Wetland buffers will be seeded to native vegetation to support pollinators. Pollinator stations are also proposed to support the Rusty Patched Bumble Bee. • Wetlands: The EAW states that the mitigation areas were both classified as Manage 1 based on the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM). Manage 1 is the second highest management class below Preserve. The MnRAM management classes are as follows: Preserve, Manage 1, Manage 2, and Manage 3. 4 MPCA Contamination/Hazardous Materials/Wastes Comment (Item 12): MPCA Contamination/Hazardous Materials/Wastes Response (Item 12): • The MPCA issued a No Further Action (NFA) letter for soil at the Subject Property. The NFA was silent as to groundwater conditions due to the limited investigation, however, none of the historical groundwater sampling identified significant impacts. The Applicant will prepare a Construction Contingency Plan for the project to deal with any unexpected contamination identified during construction. Metropolitan Council (Met Council) Met Council Land Use Comment (Item 9): Met Council Land Use Response (Item 9): • Comment noted for the record. 5 Met Council Transportation Comment (Item 18): Met Council Transportation Response (Item 18): • The city will work with the developer to establish funding sources for any necessary infrastructure or mitigation. State Historic Preservation Act (SHPO) SHPO Comment: SHPO Response: • Comment noted. If a USACE Section 404 permit is needed, the USACE will initiate coordination regarding Section 106 requirements. No other federal nexuses (licenses or funding) are anticipated. Department of Natural Resources (DNR) DNR Project Description Comment: 6 DNR Project Description Response: • The project proposes underground parking and underground stormwater storage. Parking and storage facilities will be above known groundwater levels. Some temporary pumping of groundwater may be needed during construction. If temporary pumping volume thresholds will be exceeded, the Applicant will seek the necessary water appropriation permits from the DNR. DNR Post-construction Site Runoff Comment: DNR Post-construction Site Runoff Response: • The proposed underground storage system provides treatment. Pre-treatment consists of sump manholes prior to discharge to the underground storage system. • The City participates in the MPCA’s Salt Smart Training program, and City staff who are responsible for salt application on public roadways have participated in the program. Salt applications within private property would be the sole responsibility of privately hired applicators. The NMCWD Rule 4.3.4 specifies that the applicant must develop a post-project chloride management plan that includes at a minimum: a. Designation of an individual authorized to implement a chloride-use plan. b. Designation of a MPCA-certified salt applicator engaged in the chloride-use plan for the site. a. Comment noted for the record. 7 DNR Volume Control (Infiltration) Comment: DNR Volume Control (Infiltration) Response: • The Applicant does not intend to perform infiltration tests to verify design rates unless required as a condition of the NMCWD permit. Soils in the area of previously performed soil correction are known to be sand soils. Soils will be verified during construction and replaced with suitable soils if they require correction for infiltration in areas outside the previous soil correction area. DNR Rare Features Comment: DNR Rare Features Response: • The City will require the project proposer to use native seed mixes and plants throughout the wetland buffer areas. Native seed mixes and plants will also be used in landscaping areas that are not turf grass. DNR Exhibit 6 Comment: DNR Exhibit 6 Response: • Exhibit 6 is correct. There is no FEMA-regulated 100-year floodplain mapped within the project boundary mapped on Exhibit 6. Additionally, the NWI mapping is an incorrect depiction due to historic changes on the property. Wetland was present over most of the site prior to the 1950’s, when a portion was ditched. In the 1990’s the site was graded, and a parking lot was added. The work was completed with USACE and NMCWD permits, including wetland fill and replacement of wetlands. The actual, field delineated wetland boundaries are shown on Exhibit 8. 8 Hennepin County (HC) Hennepin County Traffic Comment: Hennepin County Traffic Response: • The three intersections in question were included in the modeling as part of the development traffic study to accurately capture signal platooning and operations within the interchange area. However, due to the excess capacity available at these intersections they were not included in the development study intersection scope. The development is expected to minimally impact the intersections and based on a cursory review of the 2025 build model results, all three intersections are expected to operate with acceptable Level of Service B or better and no queuing issues were observed. • SimTraffic reports are attached (Appendix B). Minnesota Department of Transportation (MnDOT) MnDOT Comment MnDOT Response Thank you for your review of the EAW. Nine Mile Creek Watershed District (NMCWD) NMCWD Permits and Approvals Required Comment (Item 8): NMCWD Permits and Approvals Required Response (Item 8) • The NMCWD Wetland Management buffer criteria outlined in Rule 3 of the District’s Rules has been added to the permit table and will be addressed during the project review. 9 NMCWD Water Resources Comment (Item 11): NMCWD Water Resources Response (Item 11): • Invasive species management will be conducted as required in city code for the wetland and wetland buffer areas. This will include management of all the invasive species noted. • Noted for the record. • Noted for the record. • Sheet C803, showing the WCA Declaration of Restrictions and Covenants, is provided below. 10 • Noted and listed below: ➢ City Wetland 01-34-F (WB-03); Medium Quality – Watershed ➢ City Wetland 01-34-G (WB-04); Medium Quality – Watershed ➢ City Wetland 01-34-H (WB-04; Wetland Replacement Area); High Quality – Watershed ➢ City Wetland 01-34-A (WB-05); Medium Quality – Watershed ➢ City Wetland 01-34-A (WB-05; Wetland Replacement Area); High Quality – Watershed 11 • The EAW text is correct. There are two drinking water supply management areas on the site. As shown in the map below from the MPCA’s Source Water Protection Web Map Viewer, the Bloomington DWS is considered low vulnerability to contamination and the Edina DWS is moderate. • Noted for the record. 12 FINDINGS OF FACT Project Description Proposed Project Blue Stem North is proposed on approximately 15.3 acres of land in the northeastern part of the City of Eden Prairie, Hennepin County, Minnesota. The project is in an area known as the Golden Triangle and located adjacent to the Southwest LRT Golden Triangle Station. The proposed project would include three buildings ranging from 4 to 6 stories with a total of 425 housing units and structured parking along with complimentary interior and exterior amenity spaces. Approximately 4 acres of the site, primarily vacant upland/grassland area, will be developed. Approximately 11.3 acres of the 15.3 total is planned as open space, which will include trails, wetlands and buffers, woodlands, and a stormwater pond. Site Description and Existing Conditions The property was previously vacant until approximately 2000 when a parking lot associated with the property to the south was constructed. Around 2004, the parking lot was demolished, and the site was returned to undeveloped vacant land. Redevelopment activities began in 2007 for construction of an office complex, however the project was terminated early, leaving only a building foundation in place. The project area has remained vacant with wetlands since 2007. Approximately 58 percent of the project area is wetland, buffers, and forested area. Decision Regarding the Potential for Significant Environmental Effects Minnesota Rules 4410.1700, Subp. 7 lists four criteria that shall be considered in deciding whether a project has the potential for significant environmental effects. Those criteria and the City’s findings are presented below. A. Type, Extent, and Reversibility of Environmental Effects Minnesota Rules 4410.1700 Subp. 7 (A) indicates the first factor that the City must consider is the “type, extent, and reversibility of environmental effects.” The City’s findings are set forth below. 1. Cover Types. The project will convert approximately 4 acres vacant upland/grassland and woodland to impervious surface (buildings, parking, streets, sidewalks, and trails). The balance of the site will preserve about 1.4 acres of trees, 5.6 acres of wetland, and 2.9 acres of wetland buffer. The project will also create an additional 1.3 acres of parkland and open space. 2. Shorelands and Floodplains. The project area does not within any shoreland districts or mapped FEMA floodplains. 3. Land Use. The project is consistent with the goals of the Aspire Eden Prairie 2040 Comprehensive Land Use Plan, which guides the area Transit-Oriented Development (TOD), in that the proposed housing units correspond to the location and extent of housing densities in the future land use guide plan, providing consistent and compatible high-density housing units in a key transit area. The project will have a housing density of 69.9 units per buildable acres. The project conforms to the future land use plan by providing a residential and development consistent with density guidelines and by incorporating the specific objectives of the Comprehensive Plan. The proposed project area is currently zoned Office and will require rezoning to TOD for consistency with the Comprehensive Plan. The Comprehensive Plan states that areas designated as TOD may be rezoned to a TOD zoning district as an implementation 13 strategy, when redevelopment occurs, or when rezoning is requested by the property owner. The Applicant will submit a request to the City of Eden Prairie to rezone the parcel. 4. Geology and Soils. Grading is expected to disturb about 6.65 acres of land and involve movement of approximately 23,000 cubic yards of soil to construct streets, buildings, garage access, trails, and stormwater features. The project will require a National Pollution Discharge Elimination System/State Disposal System (NPDES/SDS) General Permit from the MPCA and an Erosion and Sediment Control permit from NMCWD. 5. Water Quality. Compliance with multiple stormwater requirements will minimize and mitigate potential adverse effects on receiving waters. Project construction will add about 4.0 acres of new impervious surface to the site. Stormwater rate and volume controls will limit increases in runoff volume and associated pollutant transport. An underground stormwater system pipe will be used on site to infiltrate the required abstraction volume and provide most of the rate control for the project. Acceptable pretreatment best management practices (BMPs), such as those described in the MIDS, will be implemented upstream of all volume control BMPs. The proposed stormwater BMPs are expected to mitigate potential adverse effects on water quality. 6. Wetlands and Surface Waters. The project area contains approximately 5.6 acres of wetlands. Development is not expected to impact wetlands. The enhancement of existing and construction of new boardwalk has been removed from the project design. Two US Army Corps of Engineers Section 404 permits are currently authorized for the site (97-03043-IP-JJY and 2006-03890-JJY) but no modifications to those previous approvals are anticipated given the lack of wetland impact or impact to mitigation areas. Buffers will be required around all wetlands within the project area to comply with the NMCWD’s buffer requirements. Buffers will range between 25 – 40 feet in width, as determined by their functional assessment ratings. 7. Wastewater. The project is expected to produce normal domestic wastewater that will be typical of residential developments. The proposed project does not raise wastewater conveyance or treatment capacity concerns. 8. Hazardous Materials. A Phase I Environmental Site Assessment was completed for the project area. The site is not known to include environmental hazards. Prior known hazards on the site have been mitigated. Given he mitigation of known hazards on site, supplemental measures to avoid, minimize, or mitigate effects from existing contamination have not been considered. In the event that environmentally hazardous conditions are identified during site construction, measures will be taken to ensure that project development and operation does not exacerbate contamination or generate new environmental hazards. The proposed project will not generate, or require storage of, significant amounts of wastes that would be considered hazardous aside from typical household cleaners, paints, lubricants, and fuel storage for small power equipment. 9. Ecological Resources. Project development is expected to convert approximately 1.4 acres of grassland, wetland buffers, and forest to apartment buildings, parking lots and roads which will likely result in local declines of wildlife species richness and abundance. Approximately 74 percent of the project area will be open space (i.e., wetland, wetland and grassland buffer, forest, and stormwater pond), which may minimize habitat fragmentation adverse effects to some wildlife species. As most of the species expected to use the project area are common and ubiquitous, the Project is not anticipated to result in population-level declines or be regionally 14 significant. The following avoidance and mitigation measures will be implemented to minimize impacts to wildlife: • Proposed tree clearing will occur during the northern long-eared bat (NLEB) inactive season (November 1 to March 31). If removal during the active season (April 1 to October 31) is unavoidable, a NLEB habitat assessment will be performed prior to tree clearing. • The project proposer will implement a rusty-patched bumblebee (RPBB) BMP plan to avoid or minimize impact to RPBB. The plan will focus on minimizing activities during RPBB nesting and foraging periods, posting factsheets in construction trailers, and minimizing the use of insecticides and pesticides within the project area. The project proposer will be required to seed any disturbed wetland buffer areas with native seed mixes, which will provide additional habitat for the RPBB. 10. Historic Resources. Review of the Minnesota State Historic Preservation Office (SHPO) archeological and historic structure inventories did not reveal any known resources within the project area. In their December 15, 2021 letter the SHPO indicated that “no properties listed in the National or State Registers of Historic Place and no known or suspected archaeological properties located in the area that will be affected by this project.” 11. Visual Resources. There are no scenic views or vistas on or adjacent to the project area. Substantial effects on visual resources are not anticipated in conjunction with project development. Measures to soften visual transitions between the project development and surrounding land uses include providing buffers of landscaped areas and trees, preservation of tree and wetland cover, constructing a new segment of the boardwalk and updating the existing boardwalk, and constructing a stormwater pond and open space areas. 12. Air. The Project will likely have air emissions that are common to nearly all multi-family residential developments that could include sources such as natural gas and oil powered equipment, fertilizer and product use, carbon storage in housing materials, heating and cooling systems, and air conditioner and refrigerator leakage. These sources generally fall under Conditionally Insignificant Activities and Conditionally Exempt Stationary Sources according to Minn. R. 7007.1300 and Minn. R. 7008.0050 – 7008.4110. While increased vehicular greenhouse gas emissions from both the construction and operational phases of the Project are expected, they do not pose a risk for significant environmental effects, and therefore no measures to mitigate or monitor air quality impacts have been considered at this time. 13. Noise. The project is expected to minimize disturbances caused by construction noise and conform to state and local noise rules and standards. Residential buildings will have sufficient insulting properties, setbacks and landscaping to help minimize and mitigate the effects of the anticipated noise generated from the project and adjacent sources. 14. Transportation. The project will generate traffic during construction and upon development. The Traffic Impact Study recommended measures to minimize or reduce project-related transportation effects, but it did not raise safety concerns. Hennepin County requested additional intersections be evaluated and the city and applicant will work with the County to ensure comments are addressed. The County also requested that the Sim Traffic reports be submitted, which are attached (Appendix B). 15 B. Cumulative Potential Effects Minnesota Rules 4410.1700 Subp. 7 (B) indicates the second factor the City must consider is “whether the cumulative potential effect is significant; whether the contribution from the project is significant when viewed in connection with other contributions to the cumulative potential effect; the degree to which the project complies with approved mitigation measures specifically designed to address the cumulative potential effect; and the efforts of the proposer to minimize the contributions from the project.” The City’s findings are set forth below. Projects typically combine to produce cumulative effects on natural resources and municipal resources like traffic, public water supply, and wastewater treatment. The City of Eden Prairie has planned for growth and increased capacity to address these cumulative effects. The proposed project will implement approved mitigation measures and be consistent with land use policies for areas served by municipal infrastructure. Cumulative effects of urban development on natural resources may include the loss and fragmentation of wildlife habitat. The project will preserve the wetlands located within the project area and dedicate 74 percent of the project area to open space. Surface water runoff from the project area will infiltrate or be treated prior to discharge to downstream waters. Stormwater regulations administered by multiple agencies and BMPs for water quality protection are expected to minimize cumulative effects of post- development runoff on downstream waters. C. Extent to Which the Environmental Effects are Subject to Mitigation Minnesota Rules 4410.1700 Subp. 7 (C) indicates the third factor the City must consider is the “extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority.” The City’s findings are set forth below. Environmental effects on cover types, water quality, and traffic are subject to additional approvals and/or mitigation through requirements of local, state, and federal regulations, ordinances, management plans, and permitting processes. The following permits and approvals are required for the project addressed under the EAW. These permitting and approval processes will provide additional opportunity to require mitigation. Potential environmental effects associated with this project will be mitigated in accordance with applicable rules and regulations. The City of Eden Prairie therefore finds that potential environmental effects of the project are less than significant and “subject to mitigation by ongoing public regulatory authority.” Table 1. Permits and Approvals Unit of Government Type of Application Status1 City of Eden Prairie Concept Plan Approval In process Zoning Amendment In process Preliminary Plat Approval In process Final Plat Approval To be applied for Comprehensive Plan Amendment In process EAW Process In process Land Alteration/Grading Permit To be applied for Land Development Application In process 16 Table 1. Permits and Approvals Unit of Government Type of Application Status1 Water Resources Land Alteration Permit To be applied for Building Permit To be applied for Electrical Permit To be applied for Right-of-Way/Utility Permit To be applied for Plumbing Permit To be applied for Mechanical Permit To be applied for Nine Mile Creek WD Wetland Delineation Confirmation Completed Wetland Conservation Act Permit To be applied for (if needed) Stormwater Management Review To be applied for Erosion and Sediment Control Permit To be applied for Watercourse and Basin Crossing Permit To be applied for Appropriation of Public Surface Waters To be applied for Wetland Management – Wetland Buffer Criteria To be applied for Wetland Conservation Act No Loss Determination To be applied for Hennepin County Access Permit To be applied for (if needed) Utility Permit To be applied for (if needed) Metropolitan Council Sanitary Sewer Connection Permit To be applied for Minnesota Department of Health Water Main Extension Approval To be applied for Minnesota Department of Natural Resources Appropriation/Dewatering Permit To be applied for Minnesota Pollution Control Agency Sanitary Sewer Extension Approval To be applied for NPDES/SDS General Permit Covered under general permit, submit NOI prior to construction Section 401 Certification To be applied for (if needed) U. S. Army Corps of Engineers Section 404 Clean Water Act Permits To be applied for (if needed) Existing authorizations will be reviewed and modified, if necessary. 1The project proposer will apply for and receive applicable permits prior to construction. 17 D. Extent to Which Environmental Effects can be Anticipated and Controlled Minnesota Rules 4410.1700 Subp. 7 (D) indicates the final factor the City must consider is the “extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, including other EISs.” The City’s findings are set forth below. 1. The proposed project design, plans, EAW, related studies, and mitigation measures apply knowledge, approaches, standards, and best management practices gained from previous experience and projects that have, in general, successfully mitigated potential offsite environmental effects. 2. The EAW, in conjunction with this document, contains or references the known studies that provide information or guidance regarding environmental effects that can be anticipated and controlled. 3. Other projects studied under environmental reviews in Minnesota have included studies and mitigation measures comparable to those included in this EAW. 4. There are no elements of the project that pose the potential for significant environmental effects that cannot be addressed by the project design, assessment, permitting and development processes and by ensuring conformance with regional and local plans. 5. The environmental effects of this development can be anticipated and controlled by the City’s development application process and other regulatory processes. 6. Considering the results of environmental review and permitting processes for similar projects, the City of Eden Prairie finds that the environmental effects of the project can be adequately anticipated and controlled. Based on the EAW, comments received, responses to comments, and criteria above, the City of Eden Prairie finds that the Blue Stem North development does not have the potential for significant environmental effects and does not require the preparation of an EIS. RECORD OF DECISION Based on the EAW, the response to comments, and the Findings of Fact, the City of Eden Prairie, the RGU for this environmental review, concludes the following: 1. The EAW was prepared in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules, Parts 4410.1000 to 4410.1700; 2. The EAW satisfactorily addressed the issues for which existing information could have been reasonably obtained; 3. Based on the criteria established in Minnesota Rules 4410.1700, the project does not have the potential for significant environmental effects; 4. The City makes a “Negative Declaration;” and 5. An EIS is not required. 18 A resolution documenting the Negative Declaration was approved by the Eden Prairie City Council on February 8, 2022 (Appendix C). This page is intentionally blank. Appendix A Written Comments Submitted to the City of Eden Prairie Record of Decision Blue Stem North EAW This page is intentionally blank. December 17, 2021 Julie Klima Community Development Director City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Blue Stem North Residential Development Environmental Assessment Worksheet Dear Julie Klima: Thank you for the opportunity to review and comment on the Environmental Assessment Worksheet (EAW) for Blue Stem North Residential Development project (Project) in the city of Eden Prairie, Hennepin County, Minnesota. The Project consists of a new residential development. Regarding matters for which the Minnesota Pollution Control Agency (MPCA) has regulatory responsibility or other interests, the MPCA staff has the following comments for your consideration. Permits and Approvals (Item 8) This section indicates that a Clean Water Act (CWA) Section 404 Permit from the U.S. Army Corps of Engineers (USACE) for project related wetland impacts may be necessary. Please be aware that if a USACE Section 404 Individual Permit is required for any Project activity, then an MPCA CWA Section 401 Water Quality Certification or waiver must be obtained as part of the permitting process. The Section 401 Water Quality Certification ensures that the activity will comply with the state water quality standards. Any conditions required within the MPCA 401 Certificate are incorporated into the USACE 404 Permit. You can find additional information about the MPCA’s 401 Certification process at https://www.pca.state.mn.us/water/clean-water-act-section-401-water-quality-certifications. For further information about the 401 Water Quality Certification process, please contact Bill Wilde at 651-757-2825 or William.wilde@state.mn.us. Water Resources (Item 11) Stormwater •The EAW states a stormwater pond will be included as part of the open space; however, the stormwater pond is not mentioned as part of the post construction stormwater management for the new impervious surfaces described in section 11.b.ii. It should be noted that the existing wetlands at the site may not be utilized for stormwater runoff from the site unless they have gone through the wetland mitigation process. •Section 11.b.ii mentions that stormwater will be retained in an underground system as part of volume reduction (infiltration) requirements with upgradient pretreatment areas as described in Minimal Impact Design Standards (MIDs). The MPCA National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) Construction Stormwater Permit (CSW Permit) requires Julie Klima Page 2 December 17, 2021 at least one inch of the water quality volume from impervious surfaces be treated via volume reduction, such as infiltration, unless there are prohibitions at the site. Underground stormwater systems that discharge stormwater to storm sewers are not considered volume reduction practices, unless the required water quality volume is captured for reuse versus discharged. •The EAW does not specify what the upgradient pretreatment areas will consist of or whether the required water quality volume will be met with these systems. The Project proposer is strongly encouraged to utilize constructed infiltration systems upgradient to the underground stormwater system where soils allow. •Please note that the proposed boardwalks are considered impervious and need to be included with the total impervious surfaces requiring stormwater treatment unless they are constructed to be pervious. •It is strongly advised that the Project proposer decrease impervious areas through use of pervious pavements and/or creation of infiltration trenches within parking or other paved areas. Pervious pavements would also reduce the need for salting in winter months to help improve water quality in the area. •It is also strongly encouraged that the Project proposer incorporate native vegetation areas within the open spaces for pollinator use and to aid in the absorption of stormwater at the site. Please direct questions regarding Construction Stormwater Permit requirements to Roberta Getman at 507-206-2629 or Roberta.Getman@state.mn.us. Wetlands •The EAW states that the mitigation area for the wetlands are classified as Manage 1, Manage 2, and Manage 3. Clarification is needed in the EAW for these terms. Contamination/Hazardous Materials/Wastes (Item 12) As indicated in the EAW, the Phase I Environmental Site Assessment identified the Project sites past use as an auto salvage yard as an item of concern. It appears some contaminated soil was removed but a soil gas/vapor or ground water investigation was not conducted. Because this is a residential development, the MPCA recommends the Project proposer consider conducting a Phase II Environmental Investigation to assess the presence of soil gas/vapor and ground water contamination on the Project site. In addition, the Project proposer should prepare a Construction Contingency Plan in the event contaminated soil is encountered during construction activities. Developers considering construction on or near contaminated properties should begin working early in their planning process with the MPCA’s Brownfields Program to receive necessary technical assistance in assessing and managing contamination. For some properties, special construction may be needed to prevent the further spreading of the contamination and/or prevent vapors from entering buildings or utility corridors. State law requires that persons properly manage contaminated soil and water they uncover or disturb - even if they are not the party responsible for the contamination. The MPCA’s Brownfields Program can provide necessary technical assistance in managing contamination. Information regarding the Brownfields Program can be found at: https://www.pca.state.mn.us/waste/brownfields. If contamination is encountered, it must be reported immediately to the state duty officer at 651-649-5451 or 800-422-0798. We appreciate the opportunity to review this Project. Please provide your specific responses to our comments and notice of decision on the need for an Environmental Impact Statement. Please be aware that this letter does not constitute approval by the MPCA of any or all elements of the Project for the purpose of pending or future permit action(s) by the MPCA. Ultimately, it is the responsibility of the Julie Klima Page 3 December 17, 2021 Project proposer to secure any required permits and to comply with any requisite permit conditions. If you have any questions concerning our review of this EAW, please contact me by email at Karen.kromar@state.mn.us or by telephone at 651-757-2508. Sincerely, Karen Kromar This document has been electronically signed. Karen Kromar Project Manager Environmental Review Unit Resource Management and Assistance Division KK:rs cc: Dan Card, MPCA, St. Paul Bill Wilde, MPCA, St. Paul Roberta Getman, MPCA, Rochester December 21, 2021 Julia Klima, City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: City of Eden Prairie - Environmental Assessment Worksheet (EAW) – Blue Stem North Residential Development Metropolitan Council Review No. 22703-1 Metropolitan Council District No. 3 Dear Julia Klima: The Metropolitan Council received the EAW for the Blue Stem North Residential Development project in Eden Prairie on November 19, 2021. The proposed project is located in northeastern Eden Prairie, west of and adjacent to the future METRO Green Line Golden Triangle Station. The proposed development is on 15.3 acres and includes three buildings ranging from 4 to 6 stories with a total of 425 housing units and structured parking. Approximately 6.08 acres are buildable with wetlands being preserved on much of the site. The staff review finds that the EAW is complete and accurate with respect to regional concerns and does not raise major issues of consistency with Council policies. An EIS is not necessary for regional purposes. We offer the following comments for your consideration. Item 9 – Land Use (Todd Graham, 651-602-1322) Transportation Analysis Zone (TAZ ) allocations have been prepared by City of Eden Prairie. The EAW site is located in TAZ #1639, which the City’s comprehensive plan expects to gain +687 households and +1,524 population during 2020-40. The proposed development fits with the forecast allocation. Item 18 – Transportation (Steve Mahowald, 612-349 -7775) Coordination and cooperation with the Metropolitan Council’s METRO Green Line Extension contractors is required for construction of the project including, but not limited to, the potential future pedestrian connection to the north end of the Golden Triangle Station. The City should be note that the Metropolitan Council is not responsible for any costs associated with the potential future pedestrian connection to the north end of the Golden Triangle Station, including environmental impacts. The City is responsible for determining how to finance any needed infrastructure and mitigation for environmental impacts. As the project moves ahead, the City will need to keep Southwest Transit and the Green Line Extension project office involved. Page - 2 | December 21, 2021 | METROPOLITAN COUNCIL This concludes the Council’s review of the EAW. The Council will not take formal action on the EAW. If you have any questions or need further information, please contact Michael Larson, Principal Reviewer, at 651-602- or via email at Michael.Larson@metc.state.mn.us. Sincerely, LisaBeth Barajas , Executive Director Community Development CC: Tod Sherman, Development Reviews Coordinator, MnDOT - Metro Division Christopher Ferguson, Metropolitan Council District 3 Michael Larson, AICP, Sector Representative/Principal Reviewer Reviews Coordinator N:\CommDev\LPA\Communities\Eden Prairie\Letters\Eden Prairie 2021 Blue Stem North Residential Development EAW Ok w comments 22703-1.docx MINNESOTA STATE HISTORIC PRESERVATION OFFICE 50 Sherburne Avenue ▪ Administration Building 203 ▪ Saint Paul, Minnesota 55155 ▪ 651-201-3287 mn.gov/admin/shpo ▪ mnshpo@state.mn.us AN EQUAL OPPORTUNITY AND SERVICE PROVIDER December 15, 2021 Julie Klima City Planner City of Eden Prairie 8080 Mitchell Rd Eden Prairie, MN 55344 RE: EAW – Blue Stem North Residential Development T116 R22 S1, Eden Prairie, Hennepin County SHPO Number: 2022-0378 Dear Julie Klima: Thank you for providing this office with a copy of the Environmental Assessment Worksheet (EAW) for the above-referenced project. Based on our review of the project information, we conclude that there are no properties listed in the National or State Registers of Historic Place and no known or suspected archaeological properties located in the area that will be affected by this project. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36 CFR § 800. If this project is considered for federal financial assistance, or requires a federal permit or license, then review and consultation with our office will need to be initiated by the lead federal agency. Be advised that comments and recommendations provided by our office for this state-level review may differ from findings and determinations made by the federal agency as part of review and consultation under Section 106. Please contact Kelly Gragg-Johnson, Environmental Review Program Specialist, at kelly.graggjohnson@state.mn.us if you have any questions regarding our review of this project. Sincerely, Sarah J. Beimers Environmental Review Program Manager Division of Ecological and Water Resources Transmitted by Email Region 3 Headquarters 1200 Warner Road Saint Paul, MN 55106 December 22, 2021 Julie Klima City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Julie Klima, Thank you for the opportunity to review the Blue Stem North Residential Development EAW. Due to the previously disturbed nature of the site, the DNR has few concerns regarding this project. We respectfully submit the following comments for your consideration: 1. Page 3, Project Description; Page 22, Surface/Groundwater Appropriations and Dewatering. It is unclear if underground parking, underground stormwater storage, or other below grade structures will be used? If it is necessary to use a sump to pump groundwater in volumes that exceed 10,000 gallons per day, or one million gallons per year, then a DNR Water Appropriation Permit will be required. 2. Page 19, Post-Construction Site Runoff. a. Underground stormwater storage provides a good opportunity for pre -treatment of stormwater. We encourage the developer to consider incorporating pre -treatment into stormwater BMP’s. b. The planned increase in impervious surfaces will also increase the amount of road salt used in the project area. Chloride released into local lakes and streams does not break down, and instead accumulates in the environment, pot entially reaching levels that are toxic to aquatic wildlife and plants. Consider promoting local business and city participation in the Smart Salting Training offered through the Minnesota Pollution Control Agency. There are a variety of classes available for road applicators, sidewalk applicators, and property managers. More information and resources can be found at this website. Many winter maintenance staff who have attended the Smart Sal ting training — both from cities and counties and from private companies — have used their knowledge to reduce salt use and save money for their organizations. We also encourage cities and counties to provide public outreach to reduce the overuse of chloride. Here are some educational resources for residents as well as a sample ordinance regarding chloride use. c. Chloride in the form of road salt can damage buffer plantings and the long-term ability of plants to thrive and provide stormwater filtration. Salt damages soil structure by causing the dispersion of soil particles, which leads to decreased water infiltration, the formation of crusts, and increased soil erosion. With this in mind, please consider a management plan that avoids using salt on trails near wetlands and wetland buffers. 3. Page 20, Volume Control (Infiltration). Due to the heavily disturbed nature of the site, we recommend performing infiltration tests to verify design rates prior to constructing stormwater features. 4. Page 27, Rare Features. a. We appreciate that a significant portion of the project area will remain undisturbed or as open space. We encourage the project proposer to use native seed mixes and incorporate native plantings into landscaping to the greatest degree possible in order to improve habitat for the federally endangered rusty patched bumblebe e. b. DNR concurs that impacts to state-listed species are unlikely to occur as a result of this project. 5. Exhibit 6 shows the entire study area – and map extent – within the 100-year floodplain and covered completely with NWI wetland. This appears to be an inadvertent mistake, but it should be noted as an incorrect depiction. Thank you again for the opportunity to review this document. We appreciate the thoroughness of this EAW. Sincerely, Melissa Collins Regional Environmental Assessment Ecologist | Ecological and Water Resources Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 Phone: 651-259-5755 Email: melissa.collins@state.mn.us CC: Josh Brandsted, Greco Properties, LLC Equal Opportunity Employer Hennepin County Transportation Project Delivery Public Works Facility, 1600 Prairie Drive, Medina, MN 55340 hennepin.us December 22, 2021 Ms. Julie Klima Community Development Director City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Hennepin County comments on the Blue Stem North Residential Development Environmental Assessment Worksheet (EAW) as advertised in the EQB Monitor November 23, 2021. Dear Ms. Klima: We offer the following staff comments on the EAW for the above-mentioned project, in this case, centering on the Traffic Impact Study: 1. We ask that the following three signalized intersections be included in the study to determine the impacts at these intersections. • Shady Oak Rd (CSAH 61) & US 212 East Ramps • Shady Oak Rd (CSAH 61) & US 212 West Ramps • Shady Oak Rd (CSAH 61) & Bryant Lake Dr 2. Please include the SimTraffic reports in the study. We appreciate your consideration of Hennepin County comments and look forward to your response. If you have any questions, please contact myself Dave Jaeger at 612-348-5714/david.jaeger@hennepin.us or Jason Gottfried, at (612) 596-0394 /jason.gottfried@hennepin.us. Thank you for your consideration, David Jaeger Environmental Specialist Hennepin County David Jaeger 1 Alison Harwood From:Julie Klima <jklima@edenprairie.org> Sent:Friday, December 10, 2021 8:14 AM To:Alison Harwood Subject:FW: Blue Stem North EAW EXTERNAL EMAIL Good morning Alison – FYI. Julie Julie Klima, AICP Community Development Director City of Eden Prairie 8080 Mitchell Road | Eden Prairie, MN 55344-4485 Direct: 952-949-8489 | Email: jklima@edenprairie.org From: Kratz, David (DOT) <David.Kratz@state.mn.us> Sent: Thursday, December 9, 2021 4:55 PM To: Julie Klima <jklima@edenprairie.org> Cc: Sherman, Tod (DOT) <tod.sherman@state.mn.us>; Muhic, P Cameron (DOT) <cameron.muhic@state.mn.us>; Elvin, David (DOT) <David.Elvin@state.mn.us> Subject: FW: Blue Stem North EAW Hello Julie, MnDOT has reviewed the Blue Stem North EAW (review # EAW21-012), and has no comments to make on this submission. Please contact me if you have any questions. Best, David David Kratz Senior Planner 651-234-7792 david.kratz@state.mn.us MnDOT Metro District 1500 W County Rd B-2 Roseville, MN 55113 BOARD OF MANAGERS: December 20, 2021 Julie Klima, Community Development Director City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Blue Stem North Residential Development Environmental Assessment Worksheet Nine Mile Creek Watershed District (District) has the following comments on the City of Eden Prairie’s Environmental Assessment Worksheet (EAW) for the proposed Blue Stem North Residential Development Project in Eden Prairie. The proposed project, which includes three buildings ranging from 4 to 6 stories providing a total 425 housing units with structured parking is to be undertaken by Greco Properties LLC. The site is 15.3 acres located at 6901 Flying Cloud Drive within the area known as the Golden Triangle. Approximately 11.3 acres of the 15.3-acre site is planned as open space that will include trails, wetlands, wetland buffers, woodlands and a stormwater basin. The project is to be developed in two phases with phase 1 beginning in April 2022 and completed by December 2023. Phase 2 is scheduled to begin in May 2025, with construction completed by December 2026. Question 8. Permits and approval required: The table in this subsection should include the Nine Mile Creek Watershed District’s review of Rule 3 Wetland Management – wetland buffer criteria. Question 11. Water Resources: Under Section 11.a.i. Surface water – Wetlands, starting on page 14: o In addition to non-native invasive species listed in Table 11.1 such as hybrid cattail, common buckthorn, common burdock, additional non-native invasive species documented, during the Minnesota Wetland Conservation Act (WCA) Technical Evaluation Panel 9/13/2019 site review, bird’s foot trefoil, leafy spurge, crown vetch, spotted knapweed, and Siberian elm were observed in the WB-04 wetland replacement area upland buffer and a dominance of purple loosestrife in the WB-05 wetland replacement area was also observed. The EAW should reflect all of the non- native species observed. o Under subsection 7(b) of the WCA Declaration of Restrictions and Covenants for Site Specific Wetland Replacement recorded on 12/6/2007, the property owner is obligated to maintain native vegetative cover on the portions of the property described by the declaration. The EAW should reflect that this requirement runs with the land and binds the property owner. BOARD OF MANAGERS: • In 2012, when the WCA Certification of Compliance was issued for the wetland replacement areas, these areas contained less than 5 percent non-native invasive species, as required for compliance. Between 2012 and 2019, significant degradation of these vegetative communities occurred. As noted above, the EAW should state that these non-native invasive species within the wetland replacement areas and adjacent upland buffers must be controlled and the buffer area maintained in compliance with the WCA requirements and declaration. • An exhibit showing the areas subject to the WCA Declaration of Restrictions and Covenants for Site Specific Wetland Replacement should be included in this EAW. These areas are well defined on sheet C803 of the December 2, 2021, Westwood Blue Stem North project plan set. • In addition, the EAW lists the Minnesota Board of Water and Soil Resources (BWSR) default wetland management classifications resulting from the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MNRAM) conducted in 2021 for each wetland. Neither the City of Eden Prairie nor NMCWD use these BWSR default wetland management classifications. It would be more applicable to identify MNRAM results for wetlands on this site according to NMCWD rules as is shown in C801 of the project plan set. o Under subheading 2. Minnesota Department of Health Wellhead Protection Area, page 16, the following statement needs to be verified: The project is located within the Bloomington and Edina Drinking Water Supply Management Area. The Bloomington portion is considered to have a low vulnerability to contamination and the Edina area moderate. o Under subheading Volume Control (Infiltration), page 20, the following statement is provided: “The NMCWD has a credit system for incorporating volume control in site design. For instance, credit can be provided for disconnecting impervious surfaces, using swales instead of pipe, amending soils, restoring prairies/forests, etc. The project proposer will work closely with both the City and the NMCWD as the project progresses to identify possible credit opportunities for addressing volume control.” Even though the NMCWD is agreement that the concepts will contribute to the project’s capacity to provide stormwater volume control, the District does not have a credit system as stated. If you have any questions regarding the District’s review of the EAW, please contact me at 952.835.2078. District staff are available to provide assistance in addressing our comments. Randy Anhorn District Administrator ranhorn@ninemilecreek.org 952.835.2078 Appendix B Sim Traffic Reports Record of Decision Blue Stem North EAW This page is intentionally blank. 14893_Flying Cloud Apartments TS 01/13/2022 Existing AM Average of 5 Runs H:\Projects\14000\14893\TraffStudy\Analysis\Synchro\1_Existing\Existing.syn SimTraffic Report Page 1 40: Shady Oak Rd & 69th St Performance by approach Approach WB NB SB All Denied Del/Veh (s) 2.9 0.0 0.0 0.1 Total Del/Veh (s) 4.1 0.6 1.6 1.4 101: TH 212 East Ramps & Shady Oak Rd Performance by approach Approach EB WB NB All Denied Del/Veh (s) 0.0 0.0 0.6 0.3 Total Del/Veh (s) 14.7 6.0 20.0 16.4 102: TH 212 West Ramps & Shady Oak Rd Performance by approach Approach EB WB SB All Denied Del/Veh (s) 0.0 0.0 0.8 0.2 Total Del/Veh (s) 7.9 5.4 22.9 11.7 103: City West Pkwy S & Shady Oak Rd Performance by approach Approach EB WB NB SB All Denied Del/Veh (s) 0.6 0.0 1.7 1.5 0.4 Total Del/Veh (s) 4.9 3.6 33.0 35.1 8.7 Total Zone Performance Denied Del/Veh (s) 0.8 Total Del/Veh (s) 705.4 14893_Flying Cloud Apartments TS 01/13/2022 Existing AM Average of 5 Runs H:\Projects\14000\14893\TraffStudy\Analysis\Synchro\1_Existing\Existing.syn SimTraffic Report Page 2 Intersection: 40: Shady Oak Rd & 69th St Movement WB WB SB Directions Served L R LT Maximum Queue (ft) 30 51 76 Average Queue (ft) 5 19 17 95th Queue (ft) 23 42 54 Link Distance (ft) 1130 676 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 75 Storage Blk Time (%) 0 Queuing Penalty (veh) 0 Intersection: 101: TH 212 East Ramps & Shady Oak Rd Movement EB EB EB EB WB WB WB WB WB NB NB NB Directions Served L L T T T T T T R L LT R Maximum Queue (ft) 27 77 334 282 15 53 52 71 65 274 316 167 Average Queue (ft) 5 29 155 97 1 11 13 19 16 140 202 79 95th Queue (ft) 21 64 266 199 8 35 39 53 48 252 286 140 Link Distance (ft) 392 392 392 392 275 275 275 1147 1147 Upstream Blk Time (%) 0 Queuing Penalty (veh) 0 Storage Bay Dist (ft)175 200 500 Storage Blk Time (%) Queuing Penalty (veh) Intersection: 101: TH 212 East Ramps & Shady Oak Rd Movement NB Directions Served R Maximum Queue (ft) 79 Average Queue (ft) 24 95th Queue (ft) 57 Link Distance (ft) Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 500 Storage Blk Time (%) Queuing Penalty (veh) 14893_Flying Cloud Apartments TS 01/13/2022 Existing AM Average of 5 Runs H:\Projects\14000\14893\TraffStudy\Analysis\Synchro\1_Existing\Existing.syn SimTraffic Report Page 3 Intersection: 102: TH 212 West Ramps & Shady Oak Rd Movement EB EB EB EB EB WB WB WB WB SB SB SB Directions Served T T T T R L L T T L LT R Maximum Queue (ft) 31 74 179 146 76 60 73 103 126 198 155 244 Average Queue (ft) 2 22 76 40 33 8 29 41 54 112 54 106 95th Queue (ft) 13 60 148 101 62 34 64 81 103 180 116 194 Link Distance (ft) 339 339 392 392 392 392 1334 1334 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 90 90 250 500 Storage Blk Time (%) 0 6 Queuing Penalty (veh) 0 13 Intersection: 103: City West Pkwy S & Shady Oak Rd Movement EB EB EB EB WB WB WB WB NB NB SB SB Directions Served L T T R L T T R L TR L L Maximum Queue (ft) 40 97 91 16 32 100 125 72 167 135 94 80 Average Queue (ft) 9 31 24 4 8 41 63 31 81 47 31 35 95th Queue (ft) 27 74 65 13 24 88 106 60 135 102 71 72 Link Distance (ft) 590 590 339 339 832 718 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 250 250 250 250 150 200 Storage Blk Time (%)1 0 Queuing Penalty (veh)0 0 Intersection: 103: City West Pkwy S & Shady Oak Rd Movement SB SB Directions Served T R Maximum Queue (ft) 44 35 Average Queue (ft) 10 4 95th Queue (ft) 32 19 Link Distance (ft) 718 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 200 Storage Blk Time (%) Queuing Penalty (veh) Zone Summary Zone wide Queuing Penalty: 14 14893_Flying Cloud Apartments TS 01/13/2022 Existing PM Average of 5 Runs H:\Projects\14000\14893\TraffStudy\Analysis\Synchro\1_Existing\Existing.syn SimTraffic Report Page 1 40: Shady Oak Rd & 69th St Performance by approach Approach WB NB SB All Denied Del/Veh (s) 2.9 0.0 0.0 0.4 Total Del/Veh (s) 8.3 0.7 1.7 2.2 101: TH 212 East Ramps & Shady Oak Rd Performance by approach Approach EB WB NB All Denied Del/Veh (s) 0.0 0.0 0.4 0.1 Total Del/Veh (s) 13.4 12.1 26.7 15.7 102: TH 212 West Ramps & Shady Oak Rd Performance by approach Approach EB WB SB All Denied Del/Veh (s) 0.0 0.0 0.3 0.0 Total Del/Veh (s) 7.3 7.7 19.8 8.3 103: City West Pkwy S & Shady Oak Rd Performance by approach Approach EB WB NB SB All Denied Del/Veh (s) 1.0 0.0 1.5 1.1 0.6 Total Del/Veh (s) 11.2 3.9 36.3 30.9 12.2 Total Zone Performance Denied Del/Veh (s) 1.0 Total Del/Veh (s) 1441.2 14893_Flying Cloud Apartments TS 01/13/2022 Existing PM Average of 5 Runs H:\Projects\14000\14893\TraffStudy\Analysis\Synchro\1_Existing\Existing.syn SimTraffic Report Page 2 Intersection: 40: Shady Oak Rd & 69th St Movement WB WB SB Directions Served L R LT Maximum Queue (ft) 35 86 72 Average Queue (ft) 12 38 19 95th Queue (ft) 37 65 58 Link Distance (ft) 1130 676 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 75 Storage Blk Time (%) 0 Queuing Penalty (veh) 0 Intersection: 101: TH 212 East Ramps & Shady Oak Rd Movement EB EB EB EB WB WB WB WB WB NB NB NB Directions Served L L T T T T T T R L LT R Maximum Queue (ft) 93 107 92 64 143 173 179 192 98 208 252 58 Average Queue (ft) 35 59 39 11 55 87 95 103 46 98 149 25 95th Queue (ft) 80 97 86 43 116 145 161 171 82 191 225 46 Link Distance (ft) 392 392 392 392 275 275 275 1147 1147 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft)175 200 500 Storage Blk Time (%)0 0 0 Queuing Penalty (veh)0 0 0 Intersection: 101: TH 212 East Ramps & Shady Oak Rd Movement NB Directions Served R Maximum Queue (ft) 36 Average Queue (ft) 6 95th Queue (ft) 23 Link Distance (ft) Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 500 Storage Blk Time (%) Queuing Penalty (veh) 14893_Flying Cloud Apartments TS 01/13/2022 Existing PM Average of 5 Runs H:\Projects\14000\14893\TraffStudy\Analysis\Synchro\1_Existing\Existing.syn SimTraffic Report Page 3 Intersection: 102: TH 212 West Ramps & Shady Oak Rd Movement EB EB EB EB EB WB WB WB WB SB SB SB Directions Served T T T T R L L T T L LT R Maximum Queue (ft) 44 86 108 122 284 189 194 31 26 82 47 99 Average Queue (ft) 4 31 42 16 105 107 121 3 2 27 11 37 95th Queue (ft) 23 67 92 75 208 170 178 20 15 63 32 72 Link Distance (ft) 339 339 392 392 392 392 1334 1334 Upstream Blk Time (%) 0 0 Queuing Penalty (veh) 0 0 Storage Bay Dist (ft) 90 90 250 500 Storage Blk Time (%) 0 0 1 0 1 Queuing Penalty (veh) 0 0 1 0 1 Intersection: 103: City West Pkwy S & Shady Oak Rd Movement EB EB EB EB WB WB WB WB NB NB SB SB Directions Served L T T R L T T R L TR L L Maximum Queue (ft) 21 150 321 132 55 121 127 34 142 92 123 198 Average Queue (ft) 3 54 121 22 15 28 46 8 69 41 42 88 95th Queue (ft) 14 117 246 87 42 81 96 29 122 77 92 159 Link Distance (ft) 590 590 339 339 832 718 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 250 250 250 250 150 200 Storage Blk Time (%) 1 0 0 Queuing Penalty (veh) 1 0 0 Intersection: 103: City West Pkwy S & Shady Oak Rd Movement SB SB Directions Served T R Maximum Queue (ft) 98 59 Average Queue (ft) 38 18 95th Queue (ft) 79 45 Link Distance (ft) 718 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 200 Storage Blk Time (%) Queuing Penalty (veh) Zone Summary Zone wide Queuing Penalty: 5 14893_Flying Cloud Apartments TS 01/13/2022 2025 Build AM Average of 5 Runs SRF Consulting SimTraffic Report Page 1 40: Shady Oak Rd & 69th St Performance by approach Approach WB NB SB All Denied Del/Veh (s) 2.6 0.0 0.0 0.1 Total Del/Veh (s) 4.9 0.6 2.0 1.6 101: TH 212 East Ramps & Shady Oak Rd Performance by approach Approach EB WB NB All Denied Del/Veh (s) 0.0 0.0 0.7 0.3 Total Del/Veh (s) 14.5 5.8 20.8 16.4 102: TH 212 West Ramps & Shady Oak Rd Performance by approach Approach EB WB SB All Denied Del/Veh (s) 0.0 0.0 0.8 0.2 Total Del/Veh (s) 9.3 6.6 22.9 12.4 103: City West Pkwy S & Shady Oak Rd Performance by approach Approach EB WB NB SB All Denied Del/Veh (s) 0.7 0.0 1.6 1.4 0.4 Total Del/Veh (s) 5.3 4.0 31.6 33.9 8.6 Total Zone Performance Denied Del/Veh (s) 0.8 Total Del/Veh (s) 714.6 14893_Flying Cloud Apartments TS 01/13/2022 2025 Build AM Average of 5 Runs SRF Consulting SimTraffic Report Page 2 Intersection: 40: Shady Oak Rd & 69th St Movement WB WB NB SB Directions Served L R TR LT Maximum Queue (ft) 30 49 4 94 Average Queue (ft) 8 20 0 21 95th Queue (ft) 29 43 3 69 Link Distance (ft) 1129 531 676 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 75 Storage Blk Time (%) Queuing Penalty (veh) Intersection: 101: TH 212 East Ramps & Shady Oak Rd Movement EB EB EB EB WB WB WB WB WB NB NB NB Directions Served L L T T T T T T R L LT R Maximum Queue (ft) 40 71 302 272 21 62 58 84 57 274 329 182 Average Queue (ft) 7 33 186 118 1 20 18 24 18 157 219 93 95th Queue (ft) 28 63 291 225 11 53 47 62 50 263 309 156 Link Distance (ft) 392 392 392 392 275 275 275 1147 1147 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft)175 200 500 Storage Blk Time (%) Queuing Penalty (veh) Intersection: 101: TH 212 East Ramps & Shady Oak Rd Movement NB Directions Served R Maximum Queue (ft) 134 Average Queue (ft) 37 95th Queue (ft) 86 Link Distance (ft) Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 500 Storage Blk Time (%) Queuing Penalty (veh) 14893_Flying Cloud Apartments TS 01/13/2022 2025 Build AM Average of 5 Runs SRF Consulting SimTraffic Report Page 3 Intersection: 102: TH 212 West Ramps & Shady Oak Rd Movement EB EB EB EB EB WB WB WB WB SB SB SB Directions Served T T T T R L L T T L LT R Maximum Queue (ft) 36 116 190 134 67 62 78 134 142 240 166 263 Average Queue (ft) 3 30 88 48 35 18 40 48 64 117 60 118 95th Queue (ft) 18 77 156 105 66 48 73 96 120 187 125 211 Link Distance (ft) 339 339 392 392 392 392 1334 1334 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 90 90 250 500 Storage Blk Time (%) 0 7 Queuing Penalty (veh) 1 18 Intersection: 103: City West Pkwy S & Shady Oak Rd Movement EB EB EB EB WB WB WB WB NB NB SB SB Directions Served L T T R L T T R L TR L L Maximum Queue (ft) 35 115 94 26 39 144 152 74 160 104 98 98 Average Queue (ft) 10 40 26 5 7 48 73 33 85 40 33 34 95th Queue (ft) 28 88 66 16 25 109 126 60 142 82 69 74 Link Distance (ft) 590 590 339 339 832 718 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 250 250 250 250 150 200 Storage Blk Time (%)1 Queuing Penalty (veh)1 Intersection: 103: City West Pkwy S & Shady Oak Rd Movement SB SB Directions Served T R Maximum Queue (ft) 56 26 Average Queue (ft) 11 6 95th Queue (ft) 35 21 Link Distance (ft) 718 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 200 Storage Blk Time (%) Queuing Penalty (veh) Zone Summary Zone wide Queuing Penalty: 19 14893_Flying Cloud Apartments TS 01/13/2022 2025 Build PM Average of 5 Runs SRF Consulting SimTraffic Report Page 1 40: Shady Oak Rd & 69th St Performance by approach Approach WB NB SB All Denied Del/Veh (s) 2.9 0.0 0.1 0.4 Total Del/Veh (s) 8.3 0.7 1.8 2.1 101: TH 212 East Ramps & Shady Oak Rd Performance by approach Approach EB WB NB All Denied Del/Veh (s) 0.0 0.0 0.5 0.1 Total Del/Veh (s) 12.4 13.3 26.0 16.1 102: TH 212 West Ramps & Shady Oak Rd Performance by approach Approach EB WB SB All Denied Del/Veh (s) 0.0 0.0 0.4 0.0 Total Del/Veh (s) 9.0 8.0 22.2 9.4 103: City West Pkwy S & Shady Oak Rd Performance by approach Approach EB WB NB SB All Denied Del/Veh (s) 1.1 0.0 1.5 1.2 0.6 Total Del/Veh (s) 13.5 4.6 35.7 31.7 13.4 Total Zone Performance Denied Del/Veh (s) 1.0 Total Del/Veh (s) 1601.5 14893_Flying Cloud Apartments TS 01/13/2022 2025 Build PM Average of 5 Runs SRF Consulting SimTraffic Report Page 2 Intersection: 40: Shady Oak Rd & 69th St Movement WB WB SB Directions Served L R LT Maximum Queue (ft) 42 64 98 Average Queue (ft) 12 36 18 95th Queue (ft) 37 55 61 Link Distance (ft) 1129 676 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 75 Storage Blk Time (%) 0 Queuing Penalty (veh) 0 Intersection: 101: TH 212 East Ramps & Shady Oak Rd Movement EB EB EB EB WB WB WB WB WB NB NB NB Directions Served L L T T T T T T R L LT R Maximum Queue (ft) 103 119 114 84 186 202 196 200 104 230 277 65 Average Queue (ft) 41 64 46 20 72 106 105 114 51 112 166 27 95th Queue (ft) 89 106 100 59 138 165 177 176 86 213 247 53 Link Distance (ft) 392 392 392 392 275 275 275 1147 1147 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft)175 200 500 Storage Blk Time (%)0 0 0 Queuing Penalty (veh)0 1 0 Intersection: 101: TH 212 East Ramps & Shady Oak Rd Movement NB Directions Served R Maximum Queue (ft) 36 Average Queue (ft) 9 95th Queue (ft) 28 Link Distance (ft) Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 500 Storage Blk Time (%) Queuing Penalty (veh) 14893_Flying Cloud Apartments TS 01/13/2022 2025 Build PM Average of 5 Runs SRF Consulting SimTraffic Report Page 3 Intersection: 102: TH 212 West Ramps & Shady Oak Rd Movement EB EB EB EB EB WB WB WB WB SB SB SB Directions Served T T T T R L L T T L LT R Maximum Queue (ft) 45 91 161 184 312 214 235 54 60 88 53 98 Average Queue (ft) 6 35 47 23 145 129 144 6 7 32 15 42 95th Queue (ft) 27 75 108 103 267 198 216 29 34 71 41 79 Link Distance (ft) 339 339 392 392 392 392 1334 1334 Upstream Blk Time (%) 0 0 0 Queuing Penalty (veh) 0 0 0 Storage Bay Dist (ft) 90 90 250 500 Storage Blk Time (%) 0 0 2 Queuing Penalty (veh) 0 1 2 Intersection: 103: City West Pkwy S & Shady Oak Rd Movement EB EB EB EB WB WB WB WB NB NB SB SB Directions Served L T T R L T T R L TR L L Maximum Queue (ft) 30 163 325 74 73 147 160 41 176 144 118 209 Average Queue (ft) 4 66 157 24 19 36 58 11 81 42 44 103 95th Queue (ft) 16 133 283 57 51 95 116 35 141 89 87 175 Link Distance (ft) 590 590 339 339 832 718 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 250 250 250 250 150 200 Storage Blk Time (%) 2 1 0 1 Queuing Penalty (veh) 3 0 0 1 Intersection: 103: City West Pkwy S & Shady Oak Rd Movement SB SB Directions Served T R Maximum Queue (ft) 98 66 Average Queue (ft) 41 21 95th Queue (ft) 85 51 Link Distance (ft) 718 Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Dist (ft) 200 Storage Blk Time (%) Queuing Penalty (veh) Zone Summary Zone wide Queuing Penalty: 10 Appendix C Resolution #XXXX-XX Record of Decision Blue Stem North EAW This page is intentionally blank. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE February 8, 2022 DEPARTMENT / DIVISION Office of the City Manager Administration ITEM DESCRIPTION Resolution Approving Amendments to the Joint and Cooperative Agreement of the Municipal Legislative Commission ITEM NO. VIII.E. Requested Action Motion to approve a Resolution Approving Amendments to the Joint and Cooperative Agreement of the Municipal Legislative Commission. Background The Municipal Legislative Commission (the “MLC”) operates pursuant to a Joint and Cooperative Agreement (the “JCA”) among the MLC member municipalities (the “Members”). The Board of Directors of the MLC has approved certain amendments to the JCA and has submitted a proposed form of amended and restated JCA to the Members for approval. Amendments to the JCA require unanimous written approval of the governing councils of all Members. The following is a summary of the proposed substantive amendments to the JCA: 1. Provisions regarding Board meetings, financial information, officers and committees are moved to the Bylaws. (The Bylaws can be amended by a 2/3 vote of the Board of Directors and do not need to be approved by all Members.) 2. The concept of Associate Members has been eliminated. 3. Additional Members can be admitted by majority vote of the Board of Directors rather than majority vote of the Members. 4. The requirement of annual audits is eliminated. (The Bylaws will require audits at least every other year.) 5. The requirement of an annual meeting of Members is eliminated. 6. Email communication is added as an option in giving formal notices. 7. The authority of the Operating Committee is limited to making recommendations to the Board of Directors. The Operating Committee will not have authority to make binding decisions for the MLC unless granted that authority by specific Board resolution. 8. Any Member who chooses to withdraw from the MLC is obligated to pay dues for the year of withdrawal unless notice of withdrawal is given to the MLC Chair and Executive Director at least 105 days prior to the first day of the next calendar year. 9. Upon dissolution and liquidation of the MLC, the remaining assets will be distributed to the Members in proportion to their respective dues paid in the most recent full calendar year. Attachments • Amended Joint and Cooperative Agreement of the Municipal Legislative Commission • Resolution MK_MPLS\4495\38\2376189.v1-9/8/21 1 Adopted February ___, 1984 Amended July 19, 1995 Amended July 27, 2000 Amended and Restated ______, 2021 JOINT AND COOPERATIVE AGREEMENT PRELIMINARY STATEMENT The parties to this Agreement are governmental units of the State of Minnesota. Minnesota StatuteStatutes Section 471.59 permits two or more sub-units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. Pursuant to statutory authorization, the parties to this Agreement have chosen to execute a joint powers agreement providing, in essence, for the development of legislative programs on matters of mutual concern and interests. ARTICLE 1. GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities (the “Members”) to jointly and cooperatively develop legislative programs on matters of mutual concern and interest, and to identify, review, and to actively oppose proposals which may be in conflict with the interests of the member municipalitiesMembers. The organization formed pursuant to this Agreement will be funded by member municipalitiesMembers’ contributions, as herein specified, with contributions being used for the retention of professional assistance, information preparation and dissemination, research, and other activities that may from time to time be authorized by the membershipgoverning body of the organization. ARTICLE 2. NAME The Members hereto agree to establish an organization to be known as the Municipal Legislative Commission (the “Commission”) to carry out the objectives of this Agreement. ARTICLE 3. DEFINITION OF TERMS For the purpose of this Agreement, the terms defined in this Article shall have the meanings given them by this Article. MK_MPLS\4495\38\2376189.v1-9/8/21 2 3.1) “Agreement” means this Joint and Cooperative Agreement, as amended from time to time and as joined by additional Members in the manner provided in Article 4 of this Agreement. 3.2) 3.1) “Board” or “Board of Directors” means the governing body of the Commission. 3.3) “Bylaws” means the bylaws of the Commission adopted by the Board of Directors, as amended from time to time. 3.4) 3.2) “Commission” means the organization created pursuant to this Agreement. 3.5) 3.3) “Council” means the governing body of a Member. 3.6) 3.4) “Directors” means the persons appointed pursuant to this Agreement to serve ason the Board of Directors. 3.7) 3.5) “Operating Committee” means the committee consisting of the City Managers or Administrators of each Member. 3.8) 3.6) “Member” means a municipality which has entered intoestablished pursuant to Article 9 of this Agreement. 3.9) 3.7) “Associate “Member” means a municipality which has entered into this Agreement, but does not have the same voting rights and privileges as a Member. ARTICLE 4. ADDITIONAL MEMBERS Any otherFollowing the effective date of this Agreement, any Minnesota municipality that is not then a Member may become a Member or Associatean additional Member upon approval by a majority vote of the then Membersall Directors. ARTICLE 5. EFFECTIVE DATE A municipality that has been approved to become an additional Member shall enter into this Agreement by duly executing a counterpart copy of this Agreement any by filing such. The additional Member shall file the signed counterpart copy of this Agreement, together with a certified copy of the authorizing resolution of the additional Member’s Council, with the Commission’s Chair and Executive Director. This Agreement shall become effective upon approval by at least six (6) municipalities, or on ARTICLE 5. EFFECTIVE DATE The original effective date of this Agreement was February ___, 1984, whichever is sooner. It was most recently amended and restated effective as of ________, 2021. MK_MPLS\4495\38\2376189.v1-9/8/21 3 ARTICLE 6. POWERS AND DUTIES OF THE COMMISSION 6.1) The powers and duties of the Commission shall include the powers set forth in this article. 6.2) ItThe Commission may establish legislative programs embodying proposed legislation and positions on proposed legislation. 6.3) ItThe Commission may take such action as it deems necessary and appropriate to accomplish the general purpose of this organizationthe Commission. 6.4) ItThe Commission may consult with persons knowledgeable in the legislative process and persons having a special interest therein, such as legislators, research organizations, educational institutions, other political subdivisions, municipal organizations, regulatory organizations, technical experts, and any other persons who can provide pertinent information concerning legislation of interest to the Commission. 6.5) ItThe Commission may provide for the prosecution, defense, or other participation in actions or proceedings at law in which it may have an interest, and may employ counsel for that purpose. 6.6) ItThe Commission may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of any metropolitan, state, federal, regulatory, or legislative or administrative bodies, on any proposed or existing law, bill, or recommendation related to or affecting any or all membersMembers. 6.7) ItThe Commission may enter into any contracts deemed necessary by the Board to carry out itsthe Commission’s powers and duties, subject to the provisions of this Agreement. 6.8) ItThe Commission may contract with any of the Members or others to provide space, services, or materials on its behalf. Any contracts let or purchases made shall conform to the requirements applicable to Minnesota statutory cities. 6.9) ItThe Commission may accept gifts, apply for use grants, enter into agreements required in connection therewith and hold, use and dispose of money or property received as a gift or grant in accordance with the terms thereof. 6.10) It shall cause an annual audit of the books of the Commission to be made by an independent auditor, or an independent auditor of a member city, whichever the Board determines. It shall make an annual financial accounting and report in writing to the Members. Its books and records shall be available for and open to the examination by MK_MPLS\4495\38\2376189.v1-9/8/21 4 the Parties at all reasonable times. It shall establish the annual budget for the Commission as provided in this Agreement. 6.11) It may delegate authority to the Operating Committee between Commission meetings. Such delegation of authority shall be by resolution of the Board and may be reconditioned in such manner as the Board may determine. 6.12) ItThe Commission may exercise any other powerpowers necessary andor incidental to the implementation of its powers and duties. ARTICLE 7. BOARD OF DIRECTORS 7.1) The governing body of the Commission is its Board of Directors. Each Member is entitled to appoint two (2) Directors. Each Member is entitled to one vote to be cast by the elected Director or in his/her absence the appointed Director or their respective proxies. The Council of each Member shall appoint its two (2) Directors, one (1) of whom shall be the Member’s City Manager or Administrator (the Member’s “appointed Director”) and the other of whom shall be anthe Mayor or another elected official from the Council of the Member. (the Member’s “elected Director”). Each Member is entitled to one vote on each matter to come before the Board, to be cast by the Member’s elected Director or, in his or her absence, by the Member’s appointed Director or by a proxy designated under Section 7.2 below. Directors shall serve without compensation from the Commission, but this shall not prevent a Member from providing compensation forcompensating one or both of its Directors for service on the Board, if such compensation is authorized by the Member and is not prohibited by law. 7.2) Proxy voting by Directors shall be permitted. ProxiesA proxy must be designated in writing by a Member’s elected Director andor, in the elected Director’s absence, by the Member’s appointed Director. Any individual designated as a proxy must be present at the meeting to vote. 7.3) Each Director shall serve until that Director’s successor is appointed and assumes his or her responsibilities. Directors shall serve at the pleasure of the CouncilMember appointing them. When athe Council of a Member appoints a Director, it shall give notice of such appointment in writing or by e-mail to both the Commission’s Secretary/TreasurerChair and the Commission’s Executive Director. Such notice shall include the mailing address and e-mail address of the personDirector so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giving notices of any meetings of the CommissionBoard. 7.4) A majority of the Members represented by at least one (1) Director or proxy entitled to vote shall constitute a quorum for conducting business at a meeting of the Board. 7.5) A vacancy on the Board shall be filled by the Council of the Member whose position on the Board is vacant. During the time that one or more vacancies exist, the Board shall continue to have full power and authority to conduct business and a majority of MK_MPLS\4495\38\2376189.v1-9/8/21 5 the Members represented by at least one (1) Director or proxy entitled to vote shall be sufficient to constitute a quorum. 7.6) The Board of Directors may delegate its authority to the Operating Committee between meetings of the Board. Such delegation of authority shall be by resolution of the Board or as provided in the Bylaws and may be conditioned in such manner as the Board may determine. 7.7) Meetings and proceedings of the Board shall be conducted as set forth in the Bylaws. ARTICLE 8. MEETINGS 8.1) The Commission shall meet at least quarterly and shall hold an annual organizational meeting in July. BYLAWS 8.2) The Board shall adopt Bylaws governing its procedures, including the time, place, and frequency of its regularthe the meetings and proceedings of the Board, the officers of the Commission, committees, financial matters, and any other matters concerning the Commission that are not inconsistent with the provisions of this Agreement. Such Bylaws may be amended from time to time by the vote of at least two-thirds (2/3) of all Directors or their authorized proxies. 8.3) Special meetings of the Board may be called (a) by the Chair or (b) by the Operating Committee, or the Board upon written request of the majority of the Directors. Five (5) days’ written notice of special meetings shall be given to the Directors. Such notice shall include the agenda for the special meeting. Only matters set forth in the agenda shall be considered at a special meeting. 8.4) Notice of regular meetings of the Board shall be given to the Directors by the Secretary/Treasurer at least seven (7) days in advance and the agenda for such meetings shall accompany the notice. However, business at regular meetings of the Board need not be limited to matters set forth in the agenda. ARTICLE 9. OFFICERS 9.1) Number, Election, Qualifications – The officers of the Commission shall consist of a Chair, Vice Chair and a Secretary/Treasurer. Each officer shall be elected at the annual organizational meeting by the Board. The Chair and Vice Chair shall hold office for a two-year term and until his/her successor shall have been elected and have qualified or until his/her earlier disqualification, death, resignation, or removal. The Secretary/Treasurer’s term shall commence on January 1 of the following year and end on December 31 twenty four months later. All officers shall be Directors. New officers shall take office at the adjournment of the annual meeting of the Commission at which MK_MPLS\4495\38\2376189.v1-9/8/21 6 they were elected, with the exception of the Secretary/Treasurer who shall take office on the first day of January of the following year. Not more than one (1) Director of a Member shall be elected an officer during the same term. Directors of a Member that have given notice of withdrawal shall not be eligible to become officers or to vote on the selection of officers. Any officer who ceases to be a Director shall at the same time cease to be an officer. Officers may serve for more than one term. 9.2) Resignation – Any officer of the Commission may resign at any time by giving written notice of his/her resignation to the Board, to the Chair, or to the Secretary/Treasurer of this Commission. The resignation shall take effect at the time, if any, specified therein or, if no time is specified therein, upon receipt thereof by said Board Chair, or to the Secretary/Treasurer. The acceptance of a resignation shall not be necessary to make it effective. 9.3) Removal – Any officer may be removed, with or without cause, by a vote of four-fifths (4/5) of the total number of Directors, at any meetings of the Board, provided that such purpose is stated in the notice or waiver of notice of the meeting unless all of the Directors of this Commission are present at the meeting. 9.4) Vacancies – A vacancy in any office because of disqualification, death, resignation, or removal shall be filled for the unexpired portion of the term in the manner prescribed herein for election to that office. 9.5) Chair; Vice Chair – The Chair shall preside at all meetings of the Commission and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Commission. The Vice Chair shall act as Chair in the absence of the Chair. The Chair shall be an elected Director and the Vice Chair shall be an appointed Director who shall also serve as Chair of the Operating Committee. 9.6) Secretary/Treasurer – The Secretary/Treasurer shall be a Director who is a member of the Operating Committee. He/She shall be responsible for keeping a record of all of the proceedings of the Commission and Operating Committee. The Secretary/Treasurer shall send written notice and material pertaining to agenda items to each Director. He/She shall have custody of the Commission’s funds, shall pay its bills, and keep its financial records, and generally conduct the financial affairs of the Commission. The Secretary/Treasurer shall be responsible for the activities provided by Section 6.10. The Secretary/Treasurer shall be responsible for such other matters as shall be delegated to him/her by the Commission. Orders, checks, and drafts of the Commission shall be issued in accordance with the financial practices applicable to the member city from which the Secretary/Treasurer is elected. In conducting the Commission’s financial affairs, the Secretary/Treasurer shall, at all times, act in accordance with general accepted accounting principles. The Secretary/Treasurer’s reports, including any bills or claims to be acted upon by the Commission, shall be distributed to all Directors. Any persons may be engaged to perform such services under the Secretary/Treasurer’s supervision and direction, when authorized by the Commission. 9.7) Other officers – The Commission may appoint such other officers as it deems necessary. All such officers shall be Directors. MK_MPLS\4495\38\2376189.v1-9/8/21 7 9.8) Committees – The Commission may appoint such committees as it deems necessary or desirable to accomplish its purposes. ARTICLE 109. OPERATING COMMITTEE 10.1) Qualifications – The Operating Committee of the Commission shall consist of the City Manager or Administrator Director appointed by each MemberDirectors of the Members. 10.2) Authority – The Operating Committee shall have the authority to managemake recommendations to the Board regarding the property, operations, affairs, and business of the Commission between Commission meetings, to the extent specifically delegated by. Except as provided in the Bylaws or by Board resolution, the Operating Committee shall not have the authority of the Board, but at all times,. The Operating Committee shall be subject at all times to the control and direction of the Board. 10.3) Meetings – The Operating Committee shall meet monthly at a time and place to be determined by the Operating Committee. Special meetings may be called by the Vice Chair or by any other two (2) members of the Operating Committee or by the Commission. The date and place of the special meeting shall be fixed by the person or persons calling it. At least seventy-two (72) hours (from the time of mailing) advance written notice of a special meeting shall be given to all members of the Operating Committee by the person or persons calling the meeting. The notice shall state the matters to be considered at the special meeting and only those matters shall be considered at that meeting. 10.4) Personnel – The Operating Committee shall have authority to hire, supervise, and discharge full- or part-time employees but their compensation shall be within budget limitations. The Operating Committee may make any required employer contributions which local government units are authorized or required to make by law. ARTICLE 11. FINANCIAL MATTERS 11.1) Commission funds may be expended by the Board in accordance with the procedures established by law for the expenditure of funds by Minnesota statutory cities. Legal instruments shall be executed with authority of the Board, by any two (2) officers. 11.2) The financial contributions of the Members in support of the Commission shall be per capita. Each of the Members shall pay to the Commission an amount to be determined by the Board annually based upon the most recent Metropolitan Council population estimates. The financial contributions of Associate Members shall be determined by the Board. These amounts may be used by the Commission to pay all legal and consultant costs and expenses and other expenses as approved by the Board. The Board may authorize changes in the per capita and maximum charge for all members upon majority vote. MK_MPLS\4495\38\2376189.v1-9/8/21 8 11.3) A proposed budget shall be formulated by the Board and submitted to the Members on or before August 1 of each calendar year. Such budget shall be deemed approved by a Member unless, prior to September 15 of the year involved, the Member gives notice in writing to the Chair that it is withdrawing from the Commission. Final action adopting a budget for the ensuing calendar year shall be taken by the Board on or before November 1 of each year. 11.4) Any Member may inspect and copy the Commission books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. ARTICLE 12. ARTICLE 10. WITHDRAWAL 12.1) 10.1) Withdrawal –– Any Member or Associate Member may withdraw from this Agreementthe Commission effective on January 1 of any year by giving notice pursuant to Section 2 of this Article10.2 below prior to September 15 of the preceding year. 12.2) 10.2) Notice –– In order to effectuate a withdrawal, a Member or Associate Member withdrawing from the Commission shall give written notice to the Chair of the Commission, served personally on the Chairin writing or addressedby e-mail to the Chair at the address shown on the records ofboth the Commission,’s Chair and by giving with suchthe Commission’s Executive Director. Such notice, shall include a copy of a resolution of itsthe withdrawing Member’s Council stating its decision to withdraw from the Commission. The withdrawal shall be effective upon actual receipt by the Chair of such notice and resolution. The withdrawing Member shall have the responsibility for such actual receipt by the Chair. Upon receipt of such notice and resolution, the Chair of the Commission shall forward a copy of the notice and resolution to each Director. Any notice of withdrawal not actually received by the Chair at least 105 days prior to the first day of any calendar year shall be effective on January 1 of the subsequent calendar year unless the notice deadline is waived by a resolution of the Board. 12.3) 10.3 Financial Effect of Withdrawal – No financial benefit shall inure to a Member or Associate Member that withdraws– A Member who withdraws effective as of January 1 of a calendar year shall not be obligated to pay dues to the Commission for such calendar year. A withdrawing Member shall not be entitled to any payment or financial benefit from thisthe Commission norand shall therenot be entitled to any refund or reimbursement for any dues or other contribution made or required ofby the withdrawnwithdrawing Member by this Agreement. MK_MPLS\4495\38\2376189.v1-9/8/21 9 ARTICLE 1311. AMENDMENTS 13.1) This agreement may be amended only by the written approval of the City Councils of each member city. ARTICLE 14. DISSOLUTION 14.1) 11.1) Duration of Commission –– The Commission shall be dissolved if less than four (4) Members remain, or by operatingoperation of state or federal law or regulation, now or hereafter enacted, or by mutual signed agreement of all of theremaining Members. 14.2) 11.2) Distribution of Assets –– Upon dissolution of the Commission, all remaining assets of the Commission, after payment of all obligations, shall be distributed among the Members that are Members toof the AgreementCommission at the time of dissolution, in proportion to their contributionsrespective dues paid in the most recent full calendar year, and in accordance with procedures established by the CommissionBoard of Directors. The Commission shall continue to exist after dissolution for such period, no longer than six (6) months, as is necessary to wind up itsthe Commission’s affairs, but for no other purposes. ARTICLE 12. AMENDMENTS This Agreement may be amended only by the unanimous written approval of the Councils of all Members. IN WITNESS WHEREOF, Thethe municipality of _______________________ has joined in and caused thea counterpart of this Agreement to be signed on its behalf this _______ day of ______________, ____2021. By:_________________________ Its: Mayor MK_MPLS\4495\38\2376189.v1-9/8/21 10 By:_________________________ Its: City Manager MK_MPLS\4495\38\2376189.v4-11/3/21 Document comparison by Workshare 10.0 on Monday, December 13, 2021 4:43:33 PM Input: Document 1 ID PowerDocs://MK_MPLS/2376189/1 Description MK_MPLS-#2376189-v1- MLC_Joint_Cooperative_Agreement Document 2 ID PowerDocs://MK_MPLS/2376189/4 Description MK_MPLS-#2376189-v4- MLC_Joint_Cooperative_Agreement Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 147 Deletions 161 Moved from 7 Moved to 7 Style change 0 Format changed 0 Total changes 322 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ RESOLUTION APPROVING AMENDMENTS TO THE JOINT AND COOPERATIVE AGREEMENT OF THE MUNICIPAL LEGISLATIVE COMMISSION BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The City Council hereby approves the Amendments to the Joint and Cooperative Agreement of the Municipal Legislative Commission drafted December 2021. ADOPTED by the City Council of the City of Eden Prairie this 8th day of February, 2022. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk Requested Action Move to: Declare obsolete fire equipment as surplus and authorize the City Manager to dispose of property per City Code Section 2.86, Subd. 3. Synopsis: Obsolete equipment: • 2 PPV fans • 2 Chain saws • Miscellaneous sizes pike poles • TNT tool • Miscellaneous small tools • Old highway vests • 2 portable scene lights • Cord Reel • Sawzalls CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 8, 2022 DEPARTMENT/DIVISION: Scott Gerber, Fire Chief ITEM DESCRIPTION: Declare obsolete fire equipment as surplus. ITEM NO.: VIII.F. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 8, 2022 DEPARTMENT/DIVISION: Leslie Stovring Engineering / Water Resources ITEM DESCRIPTION: I.C. #12-5815 Approve Delegation Agreement with the MN Department of Natural Resources for Aquatic Invasive Species Prevention ITEM NO.: VIII.G. Requested Action Move to: Approve Delegation Agreement with the Minnesota Department of Natural Resources for Aquatic Invasive Species Prevention and Inspection of Water-Related Equipment Synopsis Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) has requested that the City continue to provide an aquatic invasive species (AIS) inspection program. To aid in this effort, the City hires a contractor to manage the watercraft inspector program. For inspectors to receive training for the program, a Delegation Agreement with the Department of Natural Resources (DNR) is required. Background Information On May 1, 2012, the City Council established an AIS inspection program in cooperation with the Riley Purgatory Bluff Creek Watershed District (RPBCWD) that targeted Riley, Red Rock and Mitchell Lakes. Staring Lake will be included if water quality and fishery habitat continue to improve. The hope is that implementation of the inspection program will help in slowing or preventing the spread of invasive species. For the DNR to provide the training required for AIS detection and prevention, they require that the City sign a Delegation Agreement. Costs will be paid by a funding from the RPBCWD and the City’s stormwater utility program. Under the Delegation Agreement, the DNR will provide: • Training of individuals or contractors employed by the City. • Training of licensed peace officers to enforce state invasive species law. And the City must: • Ensure there is law enforcement support for the inspectors. • Ensure that inspectors have completed the training and certification program. • Ensure that inspections are conducted in accordance with current DNR procedures. • Support education and outreach programs to help increase public awareness about the risks AIS pose and their ability to contribute to preventing or managing the spread of AIS. • Meet or consult with the DNR regularly to collaboratively develop the AIS program. Attachments • Delegation Agreement DELEGATION AGREEMENT Aquatic Invasive Species (AIS) Prevention Inspection of Water-related Equipment This agreement is made by and between the Department of Natural Resources (referred to as DNR), an administrative agency of the State of Minnesota and (referred to as Governmental Unit), a local government unit (individually referred to generally as a Party or together as Parties). This agreement is entered into under authority granted to DNR pursuant to Minnesota Statutes section 84D.105. WHEREAS AQUATIC INVASIVE SPECIES (AIS) are nonnative species that cause or may cause economic or environmental harm or harm to human health or threatens or may threaten natural resources or the use of natural resources in the state; WHEREAS DNR has been authorized and charged with responsibility by the state legislature to establish a statewide program to prevent and manage the spread of AIS in coordination with other governmental entities; DNR has in its employ conservation officers trained and authorized to enforce the state invasive species laws; and DNR has developed AIS inspection protocols; WHEREAS pursuant to Minnesota Statutes section 84D.105, Subdivision 2(a), Governmental Unit is a Tribal or local government that agrees to assume legal, financial, and administrative responsibilities for inspection programs on some or all public waters within their jurisdiction; and WHEREAS DNR and Governmental Unit are committed to the following three core principles: •Coordination of their authority and resources to develop a reasonable and effective water-related equipment inspection requirement to stop the spread of AIS in the state and prevent the introduction of new AIS; •a collaborative, cooperative approach to AIS management and prevention; •ensuring continued access to public waters. NOW, THEREFORE it is mutually agreed by and between the Parties as follows: 1.PURPOSE. The purpose of this agreement is to enhance Minnesota’s capacity to prevent the spread of AIS by enabling local governmental entities to perform AIS inspections and manage access to water resources in keeping with the three principles stated above. 2.TASKS AND RESPONSIBILITIES. A.DNR or its delegee will provide training of individuals employed by Governmental Unit and/or individuals working for contractors to Governmental Unit as inspectors and, upon successful completion of training and testing requirements, the DNR will certify individuals as authorized inspectors in accordance with Minnesota Statutes section 84D.105, subd. 2(a). DNR will assume all obligation for training to the extent set forth in Minnesota Statutes section 84D.105. Page 1 of 4 Delegation Agreement B.When requested by a law enforcement agency, DNR Enforcement will provide AIS training to licensed peace officers C.Governmental Unit will work with their local city and county law enforcement to ensure that local licensed peace officers are available to support Governmental Unit inspectors. Governmental Unit inspectors shall utilize local city and county law enforcement agencies as their primary law enforcement support when inspection stations are operated. DNR Conservation Officers may assist with support if a local agency officer is unavailable and there is an egregious violation. D.Governmental Unit will design and implement an AIS inspection program, detailed in a Watercraft Inspection Program Plan, which must be approved by DNR, on some or all public waters within their jurisdiction utilizing existing authorities and the authority granted to inspectors under Minnesota Statutes sections 84D.105, subd. 2(b) and 84D.10, subd. 3(a), clauses 1, 3, and 4 (the Program). The program must comply with all requirements in Minnesota Statutes section 84D.105 and in DNR Watercraft Inspection Program procedures and manuals. E.Governmental Unit will designate individuals employed by the Governmental Unit and/or individuals working for contractors to Governmental Unit to serve as inspectors for the Program and ensure that these individuals complete the required training and certification in paragraph 2A of this agreement prior to performing inspections. Governmental Unit will help coordinate training of licensed peace officers as provided under paragraph 2B of this agreement. F.Governmental Unit will provide one or more inspection stations established under the Program with trained and certified inspectors, who will exercise inspection authorities in accordance with current DNR procedures and manuals. General inspection procedures include: i.Visually and tactilely inspecting water-related equipment to determine whether aquatic invasive species, aquatic macrophytes, or water is present; ii.Instructing persons on how to comply with AIS laws by removing AIS, draining, decontaminating, or treating AIS and water-related equipment to prevent the transportation and spread of aquatic invasive species, aquatic macrophytes, and water; iii.Issuing verbal orders to prohibit placing water-related equipment, that has AIS attached or water that has not been drained, into waters of the state; iv.With owner’s consent, assisting with the removal of AIS and decontamination of water-related equipment; and v.Contacting local law enforcement or Conservation Officers if a person transporting watercraft or water-related equipment refuses to take corrective actions to remove AIS or fails to comply with requirements to drain water prior to leaving the water access. G.Governmental Unit will support education and outreach projects and programs designed to increase public awareness and knowledge of the risks AIS pose to water resources and public capacity to contribute to the effort to prevent and manage the spread of AIS. H.Governmental Unit assumes legal, financial, and administrative responsibilities for their staff and/or individuals working for contractors and the actions of their staff/contractors and will bear costs incurred in completing the tasks and responsibilities herein, except that DNR will provide, at its sole expense, staff and/or contracted professionals to coordinate and conduct the training described herein. I.Governmental Unit and DNR will regularly meet or consult with each other to collaboratively develop the above-described elements of Governmental Unit AIS Program and potential models that could be used by other local government entities to help the prevent the spread of AIS, guided by the three core principles stated above. Page 2 of 4 Delegation Agreement J.Governmental Unit must submit an End-of-Season Watercraft Inspection Report to the DNR summarizing the results and issues related to implementing the inspection program. 3. LIABILITY. Each Party to this agreement shall be liable for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its agents, volunteers or employees. It is understood and agreed that liability and damages arising from the Parties’ acts and omissions are governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, the Minnesota Tort Claims Act, Minnesota Statutes section 3.736, and other applicable laws. 4.TERM AND TERMINATION. The agreement becomes effective on the date of final signature. This agreement expires on December 31; . The agreement may be terminated with or without cause by 30-day written notice to the other Party. 5.ENTIRE AGREEMENT. This agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between DNR and Governmental Unit, and contains the entire agreement with regard to the subject matter herein. 6.AMENDMENTS. This agreement may be amended only by the mutual consent of the Parties in writing, signed by each of the Parties. 7.NOTICE. Any written communication required under this agreement will be addressed to the other Party as follows, except that any Party may change its representative and/or address for notice by so notifying the other Party in writing: To DNR: Watercraft Inspection Program Coordinator Minnesota Department of Natural Resources 500 Lafayette Road, Box 25 St. Paul MN 55155-4025 To Governmental Unit: Name/Title: Governmental Unit: Address: Address: 8.GOVERNING LAW AND VENUE. This agreement will be governed by and interpreted in accordance with the laws of the State of Minnesota. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 9.WAIVERS. The waiver by DNR or Governmental Unit of any breach or failure to comply with any provision of this agreement by the other Party will not be construed as nor will it constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this agreement. Page 3 of 4 Delegation Agreement 10.STATE AUDITS. Under Minnesota Statutes section 16C.05, subd. 5, Governmental Unit books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 11.GOVERNMENT DATA PRACTICES. Governmental Unit and DNR must comply with the Minnesota Government Data Practices Act, Minnesota Statute Chapter 13, as it applies to all data provided by DNR under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Governmental Unit under this agreement. The civil remedies of Minnesota Statute section 13.08 apply to the release of the data referred to in this clause by either Governmental Unit or DNR. If Governmental Unit receives a request to release the data referred to in this Clause, Governmental Unit must immediately notify the DNR’s Data Practices Compliance Official. The Governmental Unit’s response to the request shall comply with applicable law. The state complies with Minnesota Government Data Practices Act regarding the released of any data created, collected, received, stored, used, maintained, or disseminated by the respective party under this agreement. The state and the Governmental Unit shall let each other know when a data request has been received. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto execute and deliver this agreement. DEPARTMENT OF NATURAL RESOURCES By: _______________________________ Title: Director, Division of Ecological and Water Resources Date: ______________________________ COMMISSIONER OF ADMINISTRATION By: __________________________________________ Title: _________________________________________ Date: _____________________________________ GOVERNMENTAL UNIT: By: ____________________________________________ Title: ___________________________________________ Date: _____________________________________ By: ____________________________________________ Title: ___________________________________________ Date: _____________________________________ Page 4 of 4 Delegation Agreement CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 8, 2022 DEPARTMENT/DIVISION: Leslie Stovring Water Resources / Engineering ITEM DESCRIPTION: IC# 07-5707 Agreement with Barr for the Lower Riley Creek Watershed Outlet Monitoring ITEM NO.: VIII.H. Requested Action Move to: Approve Professional Services Agreement with Barr Engineering to provide monitoring and maintenance activities for the Riley Creek water quality monitoring station in the amount of $35,300. Synopsis Metropolitan Council Environmental Services has requested that the City of Eden Prairie agree to collect samples from and maintain the equipment for the Riley Creek monitoring station south of Flying Cloud Drive. These samples will monitor the creek health and allow the City and Metropolitan Council to track the success of water quality improvement on projects within the creek. The funds for the station will be paid in part by a grant by the Metropolitan Council (estimated as $5,000 per year) and the remainder will be paid out of the stormwater utility fund. Background Information The Riley Creek water quality monitoring station south of Flying Cloud Drive was installed by the Metropolitan Council to monitor the health of Riley Creek prior to flowing into the Minnesota River as part of their Watershed Outlet Monitoring Program (WOMP). The City started contracting for monitoring services in 2008 after they requested that the City take on those duties associated with the station due to a lack of available staffing within the Council. The Metropolitan Council will provide limited funding for the station monitoring, the amount that will be available is to be determined but is anticipated to be $5,000 per year, for a total of $10,000 towards this contract. Riley Creek is currently listed as impaired by the State of Minnesota. The Minnesota Pollution Control Agency (MPCA) has requested that the data collected be entered into the State’s water monitoring database. This would make the data readily available to the MPCA for any upcoming studies, such as a Total Maximum Daily Load (TMDL) study. The data collected would also allow the City to track the success of actions taken under our Storm Water Pollution Prevention Plan to improve the water quality of Riley Creek. The goal would be to request that the creek segment be delisted in the future. Attachment Agreement 2021 04 22 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the _____ day of_ ______, 2022, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Barr Engineering Co (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Riley Creek WOMP Station 2022-23 Monitoring Services hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (dated February 1, 2022) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from March 1, 2022 through January 31, 2024 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $35,300 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. Page 2 of 10 2021 04 22 b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by Page 3 of 10 2021 04 22 the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written Page 4 of 10 2021 04 22 consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident Page 5 of 10 2021 04 22 $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. Page 6 of 10 2021 04 22 i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. Page 7 of 10 2021 04 22 q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party Page 8 of 10 2021 04 22 using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with Page 9 of 10 2021 04 22 the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. Page 10 of 10 2021 04 22 27.Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28.Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29.Statutory Provisions. a.Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b.Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30.Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT Barr Engineering Company By: Its: Vice President Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com February 1, 2022 Ms. Leslie Stovring City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Riley Creek WOMP Station 2022-23 - Eden Prairie Dear Ms. Stovring: Barr Engineering Company is pleased to submit the following work plan and cost estimate to operate and maintain the Riley Creek Watershed Outlet Monitoring Program (WOMP) station for the City, in cooperation with the Metropolitan Council Environmental Services (MCES). The objective of WOMP is to obtain water quality monitoring information needed for assessing current watershed conditions, for developing total maximum daily (pollutant) loads (TMDLs) in cooperation with the Minnesota Pollution Control Agency and for measuring progress toward achievement of TMDL goals and water quality standards as non-point source best management practices are implemented. Our work tasks are based on previous and current work with MCES WOMP stations and recent email communications with the City. These tasks include maintenance and calibration of the monitoring equipment, preparation for and storm event sampling including delivery of samples for analysis, preparation for and grab sampling including delivery of samples for analysis, downloading and reviewing data files, coordination with City staff (i.e. meetings, status reports, communication), preparation of a year- end summary report, and coordination with the MCES. The MCES laboratory undertakes and completes the water quality analysis of the samples collected. Additionally, the MCES will be responsible for flow measurements, rating curve development, and major maintenance costs. The cost for the WOMP station project for March 1, 2022 thru January 31, 2024 is $35,300. A line-itemized estimate has been attached. Should unforeseen maintenance, repair or additional work be required during the contract time, Barr Engineering Co. will obtain pre-authorization in writing from the City (i.e. mini contract). This includes potential manual sampling and maintenance needed because of recent solar power issues, as noted in communication with the City. We look forward to the opportunity of working with the City. If you have any questions or request additional information, please give me a call at 952-832-2755. Sincerely, Scott Sobiech P.E. Vice President Breakdown of Services for the Riley Cr. WOMP Station from Mar-2022 to Jan-2024. Task Description Labor Costs1 Other Expenses2 Total Cost Schedule 1 Sampling tasks: collect, prepare, and deliver biweekly (48) grab samples, 3 storm event grab samples, and 20 storm event composite samples; track storm events and set station to trigger auto-sampler.$23,000.00 $1,900.00 $24,900.00 Mar-22 to Dec-23 2 Maintenance: verify/calibrate sensors, troubleshoot minor problem issues as necessary, make spring preparations for monitoring season, and winterize station at end of monitoring season.$4,000.00 $250.00 $4,250.00 Mar-22 to Dec-23 3 Data management: download and review data periodically; and assist Met Council with year- end QA/QC as needed.$2,000.00 $0.00 $2,000.00 Mar-22 to Jan-24 4 Coordination with City staff: communication, meetings, periodic status reports attached to each invoice, and administrative tasks.$1,500.00 $0.00 $1,500.00 Mar-22 to Jan-24 5 Preparation of a year-end summary report for the City including water quality results, problems encountered, suggestions for future monitoring, etc.$1,750.00 $0.00 $1,750.00 Mar-22 to Jan-24 6 Coordination with Met Council; including meetings, site visits, training, and communications as needed.$800.00 $100.00 $900.00 Mar-22 to Jan-24 $33,050.00 $2,250.00 $35,300.00 2Other expenses billed as costs incur, including equipment rental, mileage, and supplies as necessary. Subtotals Project Total 1Labor costs will be billed on an hourly rate per time spent on each task, but will not exceed amount shown without written authorization. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 8, 2022 DEPARTMENT/DIVISION: Joe Dusek Public Works/Utilities ITEM DESCRIPTION: Approve Construction Contract with Keys Well Drilling to Service and Upgrade Municipal Well No. 11 ITEM NO.: VIII.I. Requested Action Move to: Approve construction contract with Keys Well Drilling, Inc, municipal well drillers, to service the pump equipment in Well No. 11, new pumping system components as required, and maintain the performance for summer-time water demand. Synopsis The City of Eden Prairie Utilities Division obtained proposals from three competent regional well drillers for the rehabilitation work at Municipal Well No. 11. Well 11 is located at 15160 Technology Drive. The least-cost proposal was offered by Keys Well Drilling. Staff recommends acceptance of the proposal in the amount of $57,420.00 to be paid from the water utility fund. Background Information Municipal Well No. 11 was constructed in 1994, and was last rehabilitated in 2016. Well 11, and its associated pumping equipment, are currently capable of generating the desired yield (1500 gpm) during periods of peak demand. The well is scheduled for routine inspection and maintenance services, with no planned upgrades to the pump or motor. Attachment • Recommendation Letter with Bid Summary • Copy of Contract January 18, 2022 Mr. Joe Dusek Water Treatment Supervisor City of Eden Prairie Re: Recommendation for Notice of Award Well No. 11 Downhole Rehabilitation Project City of Eden Prairie, Minnesota Dear Mr. Dusek: Pursuant to the authority of the Eden Prairie City Council, quotes were received electronically Friday January 14th, 2022, at 2 PM. A total of three (3) quotes were received for the project. Pursuant to our review of the quotes received, it appears that all were completed in accordance with the requirements of the Request for Quotes (RFQ). A summary of the Quote Tabulation is below for your reference. Contractor Name Well No. 11 Rehabilitation Keys Well Drilling $57,420.00 Bergerson Caswell $73,672.50 Traut Companies $99,718.00 Pending Eden Prairie’s official’s acceptance of the proposed contract prices, Advanced Engineering and Environmental Services, LLC (AE2S) recommends that the City award the construction contract for Well No. 11 Rehabilitation to Keys Well Drilling since they were the lowest responsive and responsible bidder for $57,420. AE2S truly appreciates the opportunity to be able to work with the City of Eden Prairie on this project for the City. Should you or anyone at the City have any questions or comments regarding this letter, please feel free to contact me directly at 612-810-7422. Sincerely, Nancy Zeigler, PE Project Manger CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 8, 2022 DEPARTMENT/DIVISION: Joe Dusek Public Works/Utilities ITEM DESCRIPTION: Approve Construction Contract with Keys Well Drilling to Service and Upgrade Municipal Well No. 12 ITEM NO.: VIII.J. Requested Action Move to: Approve construction contract with Keys Well Drilling, Inc, municipal well drillers, to service the pump equipment in Well No. 12, new pumping system components as required, and maintain the performance for summer-time water demand. Synopsis The City of Eden Prairie Utilities Division obtained proposals from three competent regional well drillers for the rehabilitation work at Municipal Well No. 12. Well 12 is located at 8090 Mitchell Road. The least-cost proposal was offered by Keys Well Drilling. Staff recommends acceptance of the proposal in the amount of $81,610.00 to be paid from the water utility fund. Background Information Municipal Well No. 12 was constructed in 1994, and was last rehabilitated in 2015. Well 12, and its associated pumping equipment, are currently capable of generating the desired yield (1500 gpm) during periods of peak demand. The well is scheduled for routine inspection and maintenance services, with no planned upgrades to the pump or motor. Attachment • Recommendation Letter with Bid Summary • Copy of Contract January 18, 2022 Mr. Joe Dusek Water Treatment Supervisor City of Eden Prairie Re: Recommendation for Notice of Award Well No. 12 Downhole Rehabilitation Project City of Eden Prairie, Minnesota Dear Mr. Dusek: Pursuant to the authority of the Eden Prairie City Council, quotes were received electronically Friday January 14th, 2022, at 2 PM. A total of three (3) quotes were received for the project. Pursuant to our review of the quotes received, it appears that all were completed in accordance with the requirements of the Request for Quotes (RFQ). A summary of the Quote Tabulation is below for your reference. Contractor Name Well No. 12 Rehabilitation Keys Well Drilling $81,610.00 Bergerson Caswell $97,162.50* Traut Companies $108,774.00 *Based on math error correction. Total base quote was $97,062.50 prior to correction. Pending Eden Prairie’s official’s acceptance of the proposed contract prices, Advanced Engineering and Environmental Services, LLC (AE2S) recommends that the City award the construction contract for Well No. 12 Rehabilitation to Keys Well Drilling since they were the lowest responsive and responsible bidder for $81,610. AE2S truly appreciates the opportunity to be able to work with the City of Eden Prairie on this project for the City. Should you or anyone at the City have any questions or comments regarding this letter, please feel free to contact me directly at 612-810-7422. Sincerely, Nancy Zeigler, PE Project Manger CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 8, 2022 DEPARTMENT / DIVISION: Public Works Gerald Byington / Fleet Services ITEM DESCRIPTION: Authorize Purchase of Two Fully Electric Pickup Vehicles ITEM NO.: VIII.K. Requested Action Move to: Approve the purchase of two new Ford Model F150 EV Pro 4WD model vehicle for a total cost of $85,791.20. Synopsis As part of the City’s sustainability program, and in support of the proposed Climate Action Plan, the Fleet Services Division has been working to move forward with the purchase of Fully Electric Vehicles where possible. Fully electric vehicles have a higher initial purchase cost as compared to internal combustion engine models, but they also have much lower life cycle operating costs due to the elimination of gasoline consumption and having fewer mechanical parts for repair and maintenance. It is estimated that the initial purchase cost plus the lifetime fuel and maintenance costs will be similar for the fully electric and gasoline engine models. However, the fully electric model will have the added benefit of producing far less greenhouse gas emissions. Fleet Services will purchase the new Ford F150 EV Pro’s using the current State of Minnesota contract guidelines. One will be a CSO Replacement and as with any CSO vehicle, the City will incur additional expenses for emergency lighting and interior accessories, but these expenses should be in line with the same expenses incurred with our standard CSO Vehicle setup. The other vehicle will be used for a new employee position within the Parks Department Background Information Because of long lead times for these vehicles, we are ordering now as the order window is limited. Attachments • 2022 Ford F150 EV Pro 4X4 Purchase Order Equipment No. QUANTITY UNIT PRICE TOTAL PRICE 1 41,669.00$ 41,669.00$ 1 STD STD 98 kWh Usable Capacity Standard Range High-Voltage Battery 1 STD STD 1 595.00$ 595.00$ 1 525.00$ 525.00$ 1 69.00$ 69.00$ 1 17.60$ 17.60$ 1 20.00$ 20.00$ 1 42,895.60$ 42,895.60$ 42,895.60$ 42,895.60$ PURCHASE ORDER DESCRIPTION 2022 FORD EV PRO 4X4 5'5" BOX F150 Pro Package (W1E) Department/Activity: Ford of Hibbing Eden Prairie, MN rwohara01@aol.com Public Works - PD8529.6507 Date: Deliver to: City of Eden Prairie NEW CSO Accounting Code: Purchase From: Total of 6 keys/Fobs 1/11/2022 15150 Technology Drive Transmission Single Speed (44L) Bob O'Hara 218-349-8955 Dual eMotor – Standard Battery – League of Minnesota Cities Insurance #CMC1002996 Bedliner - Tough Bed Spray In (96W) Two Additional Keys (51H) Exterior Color: Black STANDARD PAINT COLORS (A3) Tonneau Pickup Box Cover – Soft Folding (96W) TIVET Transit Tax Two Additional Key Fob (86F) Subtotal Amount Taxable Sales Tax TOTAL Approval 1/11/2022 Date CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 8, 2022 DEPARTMENT/DIVISION: Mary Krause Public Works/Engineering ITEM DESCRIPTION: I.C. #21801 Award Contract for 2022 Street Sweeping to Pearson Brothers, Inc. ITEM NO.: VIII.L. Requested Action Move to: Award contract for 2022 Street Sweeping to Pearson Brothers, Inc. in the amount of $48,500. Synopsis Quotes were received Friday, January 28, 2022 for the 2022 Street Sweeping. Three quotes were received as follows: Pearson Brothers, Inc. $48,500 Allied Blacktop Company $60,000 Reliakor Services, Inc. $67,500 Background Information The schedule for street sweeping in the project specifications indicates a start date of April 4, 2022. This early cleaning of the streets prevents sand and debris that has accumulated from the winter snow removal operations from entering into the City’s wetlands, creeks and lakes. Spring sweeping of the streets takes approximately 5-8 working days. Street sweeping will also take place in the fall to remove leaf debris from the streets. Financial Implications Funding for the street sweeping is from the Storm Water Utility Fund. Staff recommends award to Pearson Brothers, Inc. Attachments • Contract CONSTRUCTION SHORT FORM CONTRACT THIS AGREEMENT, made and executed this _____ day of __________ 2022, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and Pearson Brothers, Inc., a Minnesota corportion hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 22801- 2022 Street Striping Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $48,500.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Proposal Form b. Construction Short Form Contract c. Instructions to Contractors, Specifications and Special Conditions The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Its City Mayor __________________________________ By_______________________________ Its City Manager CONTRACTOR In Presence Of: ____________________________________ __________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE February 8, 2022 DEPARTMENT / DIVISION Robert Ellis Director, Public Works ITEM DESCRIPTION Resolution approving the mutual waiver agreement for Eden Prairie Road assessment project. ITEM NO. VIII.M. Requested Action Move to: Adopt a resolution approving the mutual waiver agreement between the City of Eden Prairie and Dean and Karen Edstrom regarding the Eden Prairie Road assessment project and authorizing execution of the same. Synopsis The City of Eden Prairie constructed a road improvement project, Project No. I.C. 13-5844 from Eden Prairie Road to Flying Cloud Drive (the “Project”). Dean and Karen Edstrom (the “Edstroms”) own three (3) parcels of property along the Project. Following the conclusion of the Project, the City, following its special assessment policy, specially assessed the three parcels the sum total of $69,860.00 (the “Special Assessment”). The Edstrom’s appealed the Special Assessment to the Hennepin County District Court. Following a two (2) day bench trial, the court found in favor of the City and affirmed the amount of the Special Assessment. The City is entitled to request the District Court tax the City’s costs and disbursements incurred in the trial, which amount is in excess of $40,000.00. The Edstroms maintain a right to appeal the District Court’s order to the Court of Appeals. In exchange for the City waiving its right to tax costs and disbursements incurred in the Special Assessment appeal, the Edstroms agree to waive their right to appeal the District Court decision to the Court of Appeals. Staff recommends the City Council approve the Mutual Waiver Agreement and authorize execution of the same. The Mutual Waiver Agreement is attached, has been reviewed by the City Attorney, and signed by the Edstroms. Attachments • Mutual Waiver Agreement • Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ RESOLUTION APPROVING THE MUTUAL WAIVER AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND DEAN AND KAREN EDSTROM REGARDING THE EDEN PRAIRIE ROAD SPECIAL ASSESSMENT PROJECT WHEREAS, the City of Eden Prairie (“City”) constructed a road improvement project, Project No. I.C. 13-5844 from Eden Prairie Road to Flying Cloud Drive (the “Project”); and WHEREAS, the City, following its special assessment policy, specially assessed three (3) parcels of property owned by Dean and Karen Edstrom (the “Edstroms”) in the amount of $69,860.00 (“Special Assessment”), for special benefits the parcels received resulting from the Project; and WHEREAS, the Edstroms appealed the Special Assessment to the Hennepin County District Court; and WHEREAS, following a two (2) days trial, the Court entered an order denying the Edstrom’s appeal and affirming the City’s Special Assessment; and WHEREAS, the City maintains a right to seek taxation of its costs and disbursements incurred in the Special Assessment appeal, which amount is in excess of $40,000.00, and the Edstroms maintain a right to appeal the Hennepin County District Court’s denial of their appeal; and WHEREAS, the City agrees to waive its right to tax costs and disbursements and the Edstroms waive their right to appeal the District Court’s decision as set forth in the attached Mutual Waiver Agreement. BE IT REOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: 1. The Mutual Waiver Agreement is approved, and the Mayor and City Manager are hereby authorized to execute the same. ADOPTED by the City Council of the City of Eden Prairie this 8th day of February, 2022. ________________________ Ronald A. Case, Mayor ATTEST: ______________________________ Nicole Tingley, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 8, 2022 DEPARTMENT/DIVISION: Carter Schulze Public Works/Engineering ITEM DESCRIPTION: Approve Temporary Easement Agreement Amendment with Metropolitan Council for the Southwest Light Rail Transit Project ITEM NO.: VIII.N. Requested Action Move to: Approve Temporary Easement Agreement Amendment with Metropolitan Council for the Southwest Light Rail Transit Project Synopsis The Temporary Easement Agreement Dated June 12, 2018, expired on August 31, 2021 and the Metropolitan Council utilized the Extension option of 6 months. Now this agreement amendment extends the duration to the end of 2022. The Temporary Easement includes portions of two city owned parcels. One parcel is located in the northwest corner of Technology Drive and Flying Cloud Drive. The other parcel is located at Purgatory Park near Prairie Center Drive and Technology Drive. The temporary easements have conditions requiring the Metropolitan Council to return the property to a condition as good as that which existed prior to the project. Attachments • Agreement Amendment PARCEL P2002, P2004 FIRST AMENDMENT TO TEMPORARY EASEMENT AGREEMENT THIS FIRST AMENDMENT TO TEMPORARY EASEMENT AGREEMENT (this “First Amendment”) is made and entered into this ___ day of _______________, 2022, by and between the City of Eden Prairie, a Minnesota municipal corporation (“Grantor”), and the Metropolitan Council, a public corporation and political subdivision under the laws of the State of Minnesota (“Grantee”). This Agreement sometimes refers to Grantor and Grantee individually as a “Party” and collectively as the “Parties.” WITNESSETH: WHEREAS, Grantor is the owner of real property legally described on the attached Exhibit A. WHEREAS, in order for Grantee to construct the Green Line Extension, also referred to as the Southwest Light Rail Project (Project), Grantor and Grantee entered into a Temporary Easement Agreement , dated June 12, 2018 (Agreement), over the real property depicted on the attached Exhibit B. WHEREAS, subsequent to the Parties’ execution of the Agreement , the Parties have determined that the duration of the Agreement needs be modified to provide sufficient duration to completely construct the Project. WHEREAS, the Parties desire to execute this First Amendment modify the duration of the Agreement with a new expiration date. WHEREAS, the Parties desire that all other terms of the Agreement continue unchanged and remain in full force and effect. NOW THEREFORE, in consideration for the mutual promises made herein, the Parties agree as follows: 1. Amendment of Temporary Construction Easement Agreement Section 2 . Section 2 of the Agreement is hereby deleted in its entirety and replaced with the following new Section 2: 2. Term of Temporary Easement. The Temporary Easement defined above shall commence on the date signed by both parties and expire on December 31, 2022. 2. Amendment of Temporary Construction Easement Agreement Section 3. Section 3 of the Agreement is hereby deleted in its entirety. 3. Execution. This First Amendment may be executed and delivered in counterparts, each of which shall be deemed to be an original and all of which, taken together, shall be deemed to be one document. 4. Effect of Amendment. The Agreement remains in full force and effect and is not modified except as expressly provided herein. IN WITNESS WHEREOF , the Parties hereto have executed this Agreement as of the date first set forth above. METROPOLITAN COUNCIL, a public corporation and political subdivision under the laws of the State of Minnesota, By: ________________________________ Title: Regional Administrator STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _____ day of _________________, 2022, by Mary Bogie, the Regional Administrator of the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, on its behalf. _________________________ Notary Public CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, By: Ron Case Title: Mayor By: Rick Getschow Title: City Manager STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) This instrument was acknowledged before me on the _____ day of __________________, 2022, by Ron Case and Rick Getschow, the Mayor and City Manager, respectively, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the City of Eden Prairie by authority of its City Council. ___________________________ Notary Public This instrument drafted by: Office of the General Counsel Metropolitan Council 390 North Robert Street Saint Paul, MN 55101 EXHIBIT A P2002 - P.I.D. 15-116-22-14-0003 That part of the West half of the Northwest Quarter of the Northwest Quarter of Section 14, Township 116, Range 22, Hennepin County, Minnesota which lies Southwesterly of the Southwesterly right-of -way line of Prairie Center Drive and Northwesterly of the following described line: Commencing at the Southwest corner of said West half of the Northwest Quarter of the Northwest Quarter; thence on an assumed bearing of North 87 degrees 59 minutes 07 seconds East, along the South line of said West half of the Northwest Quarter of the Northwest Quarter a distance of 407.67 feet to the Southwesterly right-of -way line of Prairie Center Drive; thence North 55 degrees 52 minutes 37 seconds West, along said right-of -way line, a distance of 175 .71 feet to the point of beginning of the line to be described; thence South 34 degrees 07 minutes 23 seconds West, a distance of 128.31 feet , more or less, to the South line of said West half of the Northwest Quarter of the Northwest Quarter and said line there terminating. Also that part of the Northeast Quarter of the Northeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 15, Township 116, Range 22, Hennepin County, Minnesota which lies Southwesterly of the Southwesterly right-of -way line of Prairie Ce nter Drive. Said parcel of land is described as follows: Beginning at the Southeast corner of said Northeast Quarter of the Northeast Quarter; thence on an assumed bearing of South 0 degrees 51 minutes 48 seconds East, along the East line of said Northeast Quarter, a distance of 267.84 feet; thence South 34 degrees 07 minutes 23 seconds West a distance of 140.11 feet; thence North 53 degrees 09 minutes 57 seconds West a distance of 453.53 feet; thence North 44 degrees 04 minutes 04 seconds East a distance of 600.00 feet to said Southwesterly right-of-way line of Prairie Center Drive; thence Southeasterly, along said right-of - way line, to the East line of said Northeast Quarter of Section 15; thence South 0 degrees 51 minutes 48 seconds East, along said East line, to the point of beginning. P2004 - P.I.D. 14-116-22-0029 All that part of Tracts A and B described below: Tract A. That part of the southwest quarter of the southeast quarter or Section 11, township 116 north, range 22 west, lying south of County Road No. 39 and west of State Highway No. 169; Tract B. The north 193.5 feet of the northwest quarter of the northeast quarter of section 14, township 116 north, range 22 west, lying west of State Highway no. 169; which lies northerly and northeasterly of a line run parallel with and distant 75 feet southerly and southwesterly of Line 1 described below and southerly and westerly of Line 2 described below: Line 1. Beginning at a point on the west line of said section 14, distant 29 feet south of the northwest corner thereof; thence run easterly at an angle of 90°31' with said west section line (measured from south to east) for 2544.36 feet; thence deflect to the right at an angle 0°10' for 446.11 feet; thence deflect to the right on an 8°00' curve (delta angle 50°00') for 625 feet and there terminating; Line 2. Beginning at the point of intersection of a line run parallel with and distant 75 feet northerly of Line 3 described below with a line run southwesterly at right angle with Line 4 described below from its point of termination; thence run easterly to the point of termination of Line 5 described below; thence run southwesterly to the point of intersection of a line run parallel with and distant 75 feet southwesterly of said Line 1 with a line run southwesterly at right angles with said Line 1 from its point of termination and there terminating; Line 3 . Beginning at a point on Line 1 described above distant 2287 feet east of its point of beginning; thence run easterly on said Line 1 for 100 feet; thence deflect to the left on a 3°00' curve (delta angle 16°23') for 546.1 feet and there terminating; Line 4. From a point on the south line of said section 11, distant 1277.4 feet east of the south quarter corner thereof, run northwesterly at an angle of 30°27'19" with said south section line for 231.35 feet; thence deflect to the left at an angle of 90° for 96 feet to the point of beginning of Line 1 to be described; thence deflect to the right at an angle of 90° for 277.7 feet; thence deflect to the left at an angle of 32°25'30" for 722.3 feet; thence deflect to the right on 6°00' curve (delta angle 30°54') having a length of 515 feet for 169 feet and there terminating; Line 5. From a point on the south line of said section 11, distant 1277.4 feet east of the south quarter corner thereof; run northwesterly at an angle of 30°27' 19" with said south section line from 362.25 feet to the point of beginning of Line 5 described below; thence deflect to the left ·at an angle of 90° for 200 feet and there terminating. EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT AREA DEPICTION [see attached depiction] CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 8, 2022 DEPARTMENT/DIVISION: Patrick Sejkora Public Works / Engineering ITEM DESCRIPTION: I.C. 21823 Award Contract for 2021 Priority Pond Dredging to Rachel Contracting ITEM NO.: VIII.O. Requested Action Move to: Award contract for the 2021 Priority Pond Dredging Project to Rachel Contracting in the amount of $275,275.00 Synopsis Online bids were received on Friday, January 28, 2022 for this project. The four bids received are summarized in the attached summary of bids. The low bid, in the amount of $275,275.00, was submitted by Rachel Contracting. The low bid is 11% above the Engineer’s Estimate. Our consultant and staff recommend awarding the contract for the project to Rachel Contracting, who have worked in Eden Prairie on similar projects, in the amount of $275,275. Background Information This project includes the removal of sediment from two stormwater ponds in the City. 07-24-B is a historic wetland off Dell Road, while 09-41-E is a historic wetland off Fairway Drive. Both ponds have not been dredged previously and have experienced significant build up of sediment. This sediment has limited their effectiveness at removing stormwater pollutants and posed maintenance problems for the City’s stormwater infrastructure. Project Cost Summary The project will be funded with the Capital Improvement Plan (Stormwater). Attachments Letter of Recommendation Summary of Bids Contract Stantec Consulting Services Inc. 1800 Pioneer Creek Center PO Box 249 Maple Plain, MN 55359-9000 January 28, 2022 Project/File: 227704352 Patrick Sejkora City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Mr. Sejkora, Reference: 2021 Pond Maintenance Project - Construction Contractor Award Electronic bids were received and opened at 11:00 a.m. (CST) on Friday January 28, 2022 for the 2021- 2022 Pond Maintenance Projects. The bids are shown on the attached Summary of Bids. The low bidder, Rachel Contracting LLC came in with a base bid of $275,275.00. Stantec recommends the City Council awards City Project Number 8100820 to Rachel Contracting LLC in the amount of $275,275.00. This recommendation considers that the City Council reserves the right to award the contract in best interests of the City. Sincerely, Hagen Kaczmarek Associate, Environmental Scientist Mobile: (970) 502-1120 hagen.kaczmarek@stantec.com Josh Accola, P.E., CFM, MS Water Resources Engineer Mobile: (952) 334-1418 joshua.accola@stantec.com Attachment: Summary of Bids 1 Summary of Bids City of Eden Prairie City Project # 8100820 Description: 2021 Priority Pond Dredging Project Bid Opening: January 28, 2022 at 11:00 CST Consulting Engineer: Stantec Check By: Stantec Bidder Bid Bond Responsible Contractor Addendum 1 Base Bid Rachel Contracting LLC Yes Yes Yes $275,275.00 Minger Construction Co. Inc. Yes Yes Yes $277,160.00 Minnesota Dirt Works Inc. Yes Yes Yes $281,000.00 New Look Contracting, Inc. Yes Yes Yes $299,539.00 Section 00520 SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this _____ day of __________ 20__, by and between City of Eden Prairie hereinafter referred to as the "CITY", and ___________________________, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the ENGINEER referred to in Paragraph IV, as provided by the CITY for: I.C. ______________________________________________________________ CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $ . III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Notice to Contractors b. Instruction to Bidders b. Proposal Form and Schedule c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Its City Mayor __________________________________ By_______________________________ Its City Manager CONTRACTOR In Presence Of: ____________________________________ __________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 8, 2022 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Minnesota Department of Health Source Water Protection Program Grant for $10,000 ITEM NO.: VIII.P. Requested Action Move to: Approve a grant from the State of Minnesota in the amount of $10,000 for the purpose of maintaining the City’s Source Water Protection Program. Synopsis The attached Grant Agreement with the Department of Health authorizes the acceptance of $10,000 to be used for maintaining the City’s required Source Water Protection Program. The City will apply this grant money towards the cost of public education of property owners within the City’s drinking water supply management area, including the preparation of brochures and direct mailing. Background Information Public Water Supplies by law must identify potential sources of contamination and take approved steps to prevent contamination of the City’s water supply. This requirement has been in place many years, and the City has had a well defined source water protection program approved by the Department of Natural Resources and the Department of Health for this purpose. Specific tasks are included in our well head protection plan, and public education and outreach to landowners about their role in safeguarding drinking water is one of those important activities. A grant program providing funds to municipalities to help with source water protection efforts was first made available in 2010, and the City has applied for this $10,000 grant each time it has been made available since that time. This Agreement is for the seventh source water protection grant the City of Eden Prairie has been qualified to receive. Attachment • Grant Agreement City Manager Mayor CITY COUNCIL AGENDA SECTION: Public Hearings DATE February 8, 2022 DEPARTMENT / DIVISION Community Development Julie Klima, Director ITEM DESCRIPTION Public Hearing on a Redevelopment Plan Modification, Establishment of TIF District, and TIF Plan for The Ellie ITEM NO. IX.A. Requested Action Move to: • Close the public hearing; and • Direct staff to include the Redevelopment Plan Modification for Redevelopment Project Area No. 5, establishment of TIF District 24, and adoption of a TIF plan on the March 1, 2022 City Council meeting agenda. • Recommend that staff include the TIF Plan and the TIF Development Agreement on the March 1, 2022 HRA meeting agenda. Synopsis United Properties is requesting Tax Increment Financing (TIF) for The Ellie located on Lincoln Lane just east of Eden Prairie Road. The Ellie is a 4 story mixed-income apartment project that meets the criteria for a new Housing TIF District. 20% of the units (48 of the 239 total units) will be affordable to residents earning at or below 50% of the Area Median Income (AMI). An additional 12 units will be affordable to residents earning at or below 80% of the AMI. The remaining 179 units will be market rate. This request necessitates a Redevelopment Plan modification, creation of a new TIF District #25 and TIF Plan for The Ellie. The TIF Plan for District #25 is the City’s planning document for the district. It spells out the objectives and policies for the district, identifies the geographic boundaries, and sets the maximum budgetary authority for the district. This planning document simply allows for the creation of a new TIF district. Approval of the TIF Plan does not grant any specific TIF assistance to the property owner in the district. Assistance is granted through a separate TIF agreement between the HRA and the Developer. TIF District 25 is being established as a Housing TIF District. The site qualifies as a Housing TIF District because the project will meet the income requirements included above. The TIF Plan sets up the district for the maximum duration of 26 years. The maximum budgetary authority in the district is $33.28 million. This is a maximum budget intended to provide flexibly. It includes 5% annual inflation and assumes the TIF district runs for the full 26 years. The actual assistance to the property owner is anticipated to be a present value of $7 million. Total payments, which include interest paid on the $7 million, are projected to be $11.3 million. Current estimates show this amount can be repaid within 17 years. The TIF Plan assumes Pay-As-You-Go assistance to the developer. Pay-As-You-Go TIF requires the developer to seek its own financing secured by all or a portion of the tax increments generated by the project. In this scenario, the City and HRA do not provide the funding up front, but enter into an agreement to provide tax increment payments from the increased taxes from the project up to a specific dollar amount over time. If tax increment is not enough to repay the developer, the City does not make up the difference. The TIF plan also includes a 10% allowance for City administrative costs. This City can use this 10% to pay for any ongoing costs associated with administering the project in the District. Background Proposed Financing and General Terms: Housing TIF: United Properties is requesting new Housing TIF District financing for The Ellie. Their original request was for $8.6 million of new TIF in the form of pay-as-you-go over 26 years. Ehlers Public Finance (our TIF consultants) and staff have reviewed United Properties’ application. We have determined that the proposal meets the “but for test” for TIF District financing. The project, however, does not require the full requested amount of TIF to generate reasonable profits. Therefore, Ehlers and staff recommend $7 million of present value TIF paid over a maximum of 17 years. Affordable TIF and IH Units: During the 26 year affordability period, United Properties would need to maintain 48 units at rents affordable to households whose incomes do not exceed 50% of the AMI. Of the 48 affordable TIF units, staff recommends 8 studios, 27 one-bedroom and 13 two-bedroom units. In addition, staff recommends that the developer include 12 Inclusionary Housing (IH) units in perpetuity. These units would be affordable to households earning up to 80% of AMI and would include 2 studios, 7 one-bedroom and 3 two-bedroom units. Attachment Modification to the Redevelopment Plan and Tax Increment Financing Plan Adoption Date: February 8, 2022 Eden Prairie Housing and Redevelopment Authority City of Eden Prairie, Hennepin County, Minnesota MODIFICATION TO THE DEVELOPMENT PROGRAM Redevelopment Project Area No. 5 & Tax Increment Financing (TIF) Plan Establishment of Tax Increment Financing District No. 25 (The Ellie Apartments) (a housing district) BUILDING COMMUNITIES. IT’S WHAT WE DO. Prepared by: Ehlers 3060 Centre Pointe Drive Roseville, Minnesota 55113 TABLE OF CONTENTS Modification to the Development Program for Redevelopment Project Area No. 5 1 FOREWORD 1 Tax Increment Financing Plan for the Tax Increment Financing District No. 25 (The Ellie Apartments) 2 FOREWORD 2 STATUTORY AUTHORITY 2 STATEMENT OF OBJECTIVES 2 DEVELOPMENT PROGRAM OVERVIEW 3 DESCRIPTION OF PROPERTY IN THE DISTRICT AND PROPERTY TO BE ACQUIRED 3 DISTRICT CLASSIFICATION 4 DURATION & FIRST YEAR OF DISTRICT’S TAX INCREMENT 4 ORIGINAL TAX CAPACITY, TAX RATE & ESTIMATED CAPTURED NET TAX CAPACITY VALUE/INCREMENT & NOTIFICATION OF PRIOR PLANNED IMPROVEMENTS 5 SOURCES OF REVENUE/BONDS TO BE ISSUED 6 USES OF FUNDS 7 FISCAL DISPARITIES ELECTION 8 ESTIMATED IMPACT ON OTHER TAXING JURISDICTIONS 8 SUPPORTING DOCUMENTATION 11 DISTRICT ADMINISTRATION 11 Appendix A: Map of Redevelopment Project Area No. 5 and the TIF District 12 Appendix B: Estimated Cash Flow for the District 13 Appendix C: Findings Including But/For Qualifications 14 Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 1 Modification to the Development Program for Redevelopment Project Area No. 5 FOREWORD The following text represents a Modification to the Development Program for Redevelopment Project Area No. 5. This modification represents a continuation of the goals and objectives set forth in the Development Program for Redevelopment Project Area No. 5. Generally, the substantive changes include the establishment of the Tax Increment Financing District No. 25 (The Ellie Apartments). For further information, a review of the Development Program for Redevelopment Project Area No. 5, is recommended. It is available from the Community Development Director at the City of Eden Prairie. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Redevelopment Project Area No. 5. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 2 Tax Increment Financing Plan for the Tax Increment Financing District No. 25 (The Ellie Apartments) FOREWORD The Eden Prairie Housing and Redevelopment Authority (the "HRA"), the City of Eden Prairie (the "City"), staff and consultants have prepared the following information to expedite the Establishment of Tax Increment Financing District No. 25 (The Ellie Apartments) (the "District"), a housing tax increment financing district, located in Redevelopment Project Area No. 5. STATUTORY AUTHORITY Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the HRA and City have certain statutory powers pursuant to Minnesota Statutes ("M.S."), Sections 469.001 - 469.047, inclusive, as amended, and M.S., Sections 469.174 to 469.1794, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Development Program for Redevelopment Project Area No. 5. STATEMENT OF OBJECTIVES The District currently consists of seven (7) parcels of land and adjacent roads and internal rights-of-way. The District is being created to facilitate the construction of 239 apartment units, including 48 units affordable at 50% of area median income and 12 units affordable at 80% of area median income in the City. The HRA intends to enter into an agreement with United Properties as the developer. Development is anticipated to begin in 2022. This TIF Plan is expected to achieve many of the objectives outlined in the Development Program for Redevelopment Project Area No. 5. The activities contemplated in the Modification to the Development Program and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Redevelopment Project Area No. 5 and the District. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 3 DEVELOPMENT PROGRAM OVERVIEW Pursuant to the Development Program and authorizing state statutes, the HRA or City is authorized to undertake the following activities in the District: 1. Property to be Acquired – Although not anticipated at this time, elected property located within the District may be acquired by the HRA or City and is further described in this TIF Plan. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. 3. Upon approval of a developer's plan relating to the project and completion of the necessary legal requirements, the HRA or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. 4. The HRA or City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work within the District. DESCRIPTION OF PROPERTY IN THE DISTRICT AND PROPERTY TO BE ACQUIRED The District encompasses all property and adjacent roads rights-of-way and abutting roadways identified by the parcels listed below. Parcel number Address Owner 17-116-22-11-0002 16302 Lincoln Lane James Moran 17-116-22-11-0013 16316 Lincoln Lane Brett Hope 17-116-22-11-0014 16308 Lincoln Lane M&C Thomes 17-116-22-11-0015 16217 Lincoln Lane P&S Vandeed 17-116-22-14-0010 16301 Lincoln Lane Resurrection Life 17-116-22-14-0011 16305 Lincoln Lane DEEO LLC 17-116-22-14-0012 16309 Lincoln Lane S&K Malmsten Please also see the map in Appendix A for further information on the location of the District. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 4 The HRA or City may acquire any parcel within the District including interior and adjacent street rights of way. Any properties identified for acquisition will be acquired by the HRA or City only in order to accomplish one or more of the following: storm sewer improvements; provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. The HRA or City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. DISTRICT CLASSIFICATION The HRA and City, in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.1794, as amended, inclusive, find that the District, to be established, is a housing district pursuant to M.S., Section 469.174, Subd. 11 and M.S., Section 469.1761. $ The District consists of seven (7) parcels $ The development will consist of 239 units of multi-family rental housing $ 20% of the units will be occupied by person with incomes less than 50% of median income $ No more that 20 percent of the square footage of the building that is receiving assistance from tax increment consists of commercial, retail or other non-residential uses. Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions of M.S., Sections 273.111, 273.112, or 273.114 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. DURATION & FIRST YEAR OF DISTRICT’S TAX INCREMENT Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration and first year of tax increment of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1b., the duration of the District will be 25 years after receipt of the first increment by the HRA or City (a total of 26 years of tax increment). The HRA or City elects to receive the first tax increment in 2024, which is no later than four years following the year of approval of the District. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 5 Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2049, or when the TIF Plan is satisfied. The HRA or City reserves the right to decertify the District prior to the legally required date. ORIGINAL TAX CAPACITY, TAX RATE & ESTIMATED CAPTURED NET TAX CAPACITY VALUE/INCREMENT & NOTIFICATION OF PRIOR PLANNED IMPROVEMENTS Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2021 for taxes payable 2022. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2024) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the HRA or City. The original local tax rate for the District will be the local tax rate for taxes payable 2022, assuming the request for certification is made before June 30, 2022). The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Redevelopment Project Area No. 5, upon completion of the projects within the District, will annually approximate tax increment revenues as shown in the table below. The HRA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2024. The Project Tax Capacity (PTC) listed is an estimate of values when the projects within the District are completed. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 6 Project estimated Tax Capacity upon completion 2,058,702 Original estimated Net Tax Capacity 27,088 Fiscal Disparities 0 Estimated Captured Tax Capacity 2,031,614 Original Local Tax Rate 101.7080% Prelim. Pay 2022 Estimated Annual Tax Increment $2,066,314 Percent Retainted by the City 100% Project Tax Capacity Note: Tax capacity includes a 5% inflation factor for the duration of the District. The tax capacity included in this chart is the estimated tax capacity of the District in year 25. The tax capacity of the District in year two (at full build out) is estimated to be $638,338. Pursuant to M.S., Section 469.177, Subd. 4, the HRA shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S., Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City reviewed the area to be included in the District and found that two (2) building permits were issued in the 18 months prior to the public hearing. These permits were maintenance related, however, and will not add any new tax capacity. SOURCES OF REVENUE/BONDS TO BE ISSUED The total estimated tax increment revenues for the District are shown in the table below: SOURCES Tax Increment 30,258,096$ Interest 3,025,809 TOTAL 33,283,905$ Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 7 The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to incur bonds or other indebtedness as a result of the TIF Plan. As presently proposed, the projects within the District will be financed by pay-as-you-go notes and interfund loans. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax increments from the District in a maximum principal amount of $20,644,591. Such bonds may be in the form of pay-as-you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval. USES OF FUNDS Currently under consideration for the District is a proposal to facilitate the construction of 239 apartment units, including 60 affordable units. The HRA and City have determined that it will be necessary to provide assistance to the project(s) for certain District costs, as described. The HRA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. USES Land/Building Acquisition 3,875,000$ Site Improvements/Preparation 2,500,000 Affordable Housing 10,000,000 Utilities 750,000 Other Qualifying Improvements 493,781 Administrative Costs (up to 10%)3,025,810 PROJECT COSTS TOTAL 20,644,591$ Interest 12,639,314 PROJECT AND INTEREST COSTS TOTAL 33,283,905$ Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 8 The total project cost, including financing costs (interest) listed in the table above does not exceed the total projected tax increments for the District as shown in the Sources of Revenue section. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. The HRA may expend funds for qualified housing activities outside of the District boundaries. FISCAL DISPARITIES ELECTION Pursuant to M.S., Section 469.177, Subd. 3, the HRA may elect one of two methods to calculate fiscal disparities. The HRA will choose to calculate fiscal disparities by clause b (inside). ESTIMATED IMPACT ON OTHER TAXING JURISDICTIONS The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However, the HRA determined that such development or redevelopment would not occur "but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met: Entity Preliminary 2021/Pay 2022 Total Net Tax Capacity Estimated Captured Tax Capacity (CTC) upon completion Percent of CTC to Entity Total Hennepin County 2,148,580,667 2,031,614 0.0946% City of Eden Prairie 122,834,071 2,031,614 1.6539% ISD 272 (Eden Prairie Schools)116,775,695 2,031,614 1.7398% Impact on Tax Base Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 9 Entity Preliminary Pay 2022 Extension Rate Percent of Total CTC Potential Taxes Hennepin County 38.3660% 37.72% 2,031,614 $ 779,449 City of Eden Prairie 32.4810% 31.94% 2,031,614 659,889 ISD 272 (Eden Prairie Schools)21.0760% 20.72% 2,031,614 428,183 Other 9.7850% 9.62% 2,031,614 198,793 101.7080% 100.00% $2,066,314 Impact on Tax Rates The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the Preliminary Pay 2022 rate. The total net capacity for the entities listed above are based on preliminary Pay 2022 figures. The District will be certified under the final Pay 2022 rates, which were unavailable at the time this TIF Plan was prepared. Pursuant to M.S. Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be generated over the life of the District is $30,258,096; (2) Probable impact of the District on city provided services and ability to issue debt. A minimal impact of the District on police protection is expected. The HRA does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or facilities. The probable impact of the District on fire protection is not expected to be significant. Typically, new buildings generate few calls, if any, and are of superior construction. The HRA does not expect that the proposed development, in and of itself, will necessitate new capital investment in vehicles or facilities. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 10 The impact of the District on public infrastructure is expected to be minimal. The development is not expected to significantly impact any traffic movements in the area. The current infrastructure for sanitary sewer, storm sewer and water will be able to handle the additional volume generated from the proposed development. Based on the development plans, there are no additional costs associated with street maintenance, sweeping, plowing, lighting and sidewalks. The development in the District is expected to contribute an estimated $1,583,375 in total sanitary sewer (SAC) and water (WAC) connection fees. This includes $593,915 in Metro SAC, $184,030 in City SAC and $805,430 in City WAC. The probable impact of any District general obligation tax increment bonds on the ability to issue debt for general fund purposes is expected to be minimal. It is not anticipated that there will be any general obligation debt issued in relation to this project, therefore there will be no impact on the City's ability to issue future debt or on the City's debt limit. (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is $6,270,103; (4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same, is $11,413,872; (5) Additional information requested by the county or school district. The HRA is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. No requests for additional information from the county or school district regarding the proposed development for the District have been received. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 11 SUPPORTING DOCUMENTATION Pursuant to M.S. Section 469.175, Subd. 1 (a), clause 7 the TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in M.S. Section 469.175, Subd. 3, clause (b)(2) and the findings are required in the resolution approving the District. (i) In making said determination, reliance has been placed upon (1) written representation made by the developer to such effects, (2) review of the developer’s pro forma; and (3) HRA staff awareness of the feasibility of developing the project site within the District, which is further outlined in the HRA resolution approving the establishment of the TIF District and Appendix C. (ii) A comparative analysis of estimated market value both with and without establishment of the TIF District and the use of tax increments has been performed. Such analysis is included with the cashflow in Appendix B and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the TIF District and the use of tax increments. DISTRICT ADMINISTRATION Administration of the District will be handled by the Community Development Director. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 12 Appendix A: Map of Redevelopment Project Area No. 5 and the TIF District TIF District No. 25 See Inset LegendRedevelopment Project Area No. 5 Boundary (coterminous with the corporate boundary of the City of Eden Prairie) TIF District No 25 Boundary City of Eden PrairieRedevelopment Project Area No. 5 and TIF District No. 25 Boundaries Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 13 Appendix B: Estimated Cash Flow for the District 1/5/2022 DistrictType:Housing District Name/Number: County District #:Exempt Class Rate (Exempt)0.00% First Year Construction or Inflation on Value 2022 Commercial Industrial Preferred Class Rate (C/I Pref.) Existing District - Specify No. Years Remaining First $150,000 1.50% Inflation Rate - Every Year:5.00%Over $150,000 2.00% Interest Rate:4.00%Commercial Industrial Class Rate (C/I)2.00% Present Value Date:1-Aug-23 Rental Housing Class Rate (Rental)1.25% First Period Ending 1-Feb-24 Affordable Rental Housing Class Rate (Aff. Rental) Tax Year District was Certified:Pay 2022 First $100,000 0.75% Cashflow Assumes First Tax Increment For Development:2024 Over $100,000 0.25% Years of Tax Increment 26 Non-Homestead Residential (Non-H Res. 1 Unit) Assumes Last Year of Tax Increment 2049 First $500,000 1.00% Fiscal Disparities Election [Outside (A), Inside (B), or NA]Inside(B)Over $500,000 1.25% Incremental or Total Fiscal Disparities Incremental Homestead Residential Class Rate (Hmstd. Res.) Fiscal Disparities Contribution Ratio 36.8958%Prelim. Pay 2022 First $500,000 1.00% Fiscal Disparities Metro-Wide Tax Rate 132.5960%Prelim. Pay 2022 Over $500,000 1.25% Maximum/Frozen Local Tax Rate: 101.708%Prelim. Pay 2022 Agricultural Non-Homestead 1.00% Current Local Tax Rate: (Use lesser of Current or Max.)101.708%Prelim. Pay 2022 State-wide Tax Rate (Comm./Ind. only used for total taxes)37.0000%Prelim. Pay 2022 Market Value Tax Rate (Used for total taxes)0.21261%Prelim. Pay 2022 Building Total Percentage Tax Year Property Current Class After Land Market Market Of Value Used Original Original Tax Original After Conversion Map ID PID Owner Address Market Value Value Value for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap. 17-116-22-11-0002 James Moran 16302 Lincoln Lane 136,300 197,300 333,600 80%266,880 Pay 2022 Hmstd. Res.2,669 Rental 3,336 1 17-116-22-11-0013 Brett Hope 16316 Lincoln Lane 128,400 182,900 311,300 80%249,040 Pay 2022 Hmstd. Res.2,490 Rental 3,113 17-116-22-11-0014 M&C Thomes 16308 Lincoln Lane 131,100 196,900 328,000 80%262,400 Pay 2022 Hmstd. Res.2,624 Rental 3,280 17-116-22-11-0015 P&S Vandeed 16217 Lincoln Lane 140,400 192,600 333,000 80%266,400 Pay 2022 Hmstd. Res.2,664 Rental 3,330 17-116-22-14-0010 Resurrection Life 16301 Lincoln Lane 293,100 0 293,100 80%234,480 Pay 2022 Exempt - Rental 2,931 17-116-22-14-0011 DEEO LLC 16305 Lincoln Lane 139,000 298,500 437,500 80%350,000 Pay 2022 Rental 4,375 Rental 4,375 17-116-22-14-0012 S&K Malmsten 16309 Lincoln Lane 128,400 190,600 319,000 80%255,200 Pay 2022 Hmstd. Res.2,552 Rental 3,190 17-116-22-11-0002 James Moran 16302 Lincoln Lane 136,300 197,300 333,600 20%66,720 Pay 2022 Hmstd. Res.667 Aff. Rental 500 17-116-22-11-0013 Brett Hope 16316 Lincoln Lane 128,400 182,900 311,300 20%62,260 Pay 2022 Hmstd. Res.623 Aff. Rental 467 17-116-22-11-0014 M&C Thomes 16308 Lincoln Lane 131,100 196,900 328,000 20%65,600 Pay 2022 Hmstd. Res.656 Aff. Rental 492 17-116-22-11-0015 P&S Vandeed 16217 Lincoln Lane 140,400 192,600 333,000 20%66,600 Pay 2022 Hmstd. Res.666 Aff. Rental 500 17-116-22-14-0010 Resurrection Life 16301 Lincoln Lane 293,100 0 293,100 20%58,620 Pay 2022 Exempt - Aff. Rental 440 17-116-22-14-0011 DEEO LLC 16305 Lincoln Lane 139,000 298,500 437,500 20%87,500 Pay 2022 Rental 1,094 Aff. Rental 656 17-116-22-14-0012 S&K Malmsten 16309 Lincoln Lane 128,400 190,600 319,000 20%63,800 Pay 2022 Hmstd. Res.638 Aff. Rental 479 2,193,400 2,517,600 4,711,000 2,355,500 21,718 27,088 Tax Rates Area/ Phase 1/5/2022 Estimated Taxable Total Taxable Property Percentage Percentage Percentage Percentage First Year Market Value Market Value Total Market Tax Project Project Tax Completed Completed Completed Completed Full Taxes Area/Phase New Use Per Sq. Ft./Unit Per Sq. Ft./Unit Sq. Ft./Units Value Class Tax Capacity Capacity/Unit 2022 2023 2024 2025 Payable 1 Apartments 245,000 245,000 191 46,795,000 Rental 584,938 3,063 15%100%100%100%2025 Apartments 245,000 245,000 48 11,760,000 Aff. Rental 53,400 1,113 15%100%100%100%2025 TOTAL 58,555,000 638,338 Subtotal Residential 239 58,555,000 638,338 Subtotal Commercial/Ind.0 0 0 Total Fiscal Local Local Fiscal State-wide Market Tax Disparities Tax Property Disparities Property Value Total Taxes Per New Use Capacity Tax Capacity Capacity Taxes Taxes Taxes Taxes Taxes Sq. Ft./Unit Apartments 584,938 0 584,938 594,928 0 0 99,491 694,419 3,635.70 Apartments 53,400 0 53,400 54,312 0 0 11,353 65,665 1,368.03 TOTAL 638,338 0 638,338 649,240 0 0 110,844 760,085 Total Property Taxes 760,085 Current Market Value - Est.2,355,500 less State-wide Taxes 0 New Market Value - Est.58,555,000 less Fiscal Disp. Adj.0 Difference 56,199,500 less Market Value Taxes (110,844)Present Value of Tax Increment 16,272,995 less Base Value Taxes (27,551) Difference 39,926,505 Annual Gross TIF 621,689 Value likely to occur without Tax Increment is less than:39,926,505 1/5/2022 Tax Increment Cashflow - Page 3 The Ellie (United Properties) - No Inflation Project Original Fiscal Captured Local Annual Semi-Annual State Admin.Semi-Annual Semi-Annual PERIOD % of Tax Tax Disparities Tax Tax Gross Tax Gross Tax Auditor at Net Tax Present ENDING Tax Payment OTC Capacity Capacity Incremental Capacity Rate Increment Increment 0.36%10%Increment Value Yrs.Year Date - - - - 02/01/24 100%95,751 (27,088) - 68,662 101.708%69,835 34,918 (126) (3,479) 31,313 30,097 0.5 2024 08/01/24 100%95,751 (27,088) - 68,662 101.708%69,835 34,918 (126) (3,479) 31,313 59,603 1 2024 02/01/25 100%638,338 (27,088) - 611,249 101.708%621,689 310,845 (1,119) (30,973) 278,753 317,128 1.5 2025 08/01/25 100%638,338 (27,088) - 611,249 101.708%621,689 310,845 (1,119) (30,973) 278,753 569,603 2 2025 02/01/26 100%670,254 (27,088) - 643,166 101.708%654,151 327,076 (1,177) (32,590) 293,308 830,053 2.5 2026 08/01/26 100%670,254 (27,088) - 643,166 101.708%654,151 327,076 (1,177) (32,590) 293,308 1,085,396 3 2026 02/01/27 100%703,767 (27,088) - 676,679 101.708%688,237 344,118 (1,239) (34,288) 308,591 1,348,775 3.5 2027 08/01/27 100%703,767 (27,088) - 676,679 101.708%688,237 344,118 (1,239) (34,288) 308,591 1,606,991 4 2027 02/01/28 100%738,955 (27,088) - 711,867 101.708%724,026 362,013 (1,303) (36,071) 324,639 1,873,308 4.5 2028 08/01/28 100%738,955 (27,088) - 711,867 101.708%724,026 362,013 (1,303) (36,071) 324,639 2,134,403 5 2028 02/01/29 100%775,903 (27,088) - 748,815 101.708%761,605 380,802 (1,371) (37,943) 341,488 2,403,664 5.5 2029 08/01/29 100%775,903 (27,088) - 748,815 101.708%761,605 380,802 (1,371) (37,943) 341,488 2,667,645 6 2029 02/01/30 100%814,698 (27,088) - 787,610 101.708%801,063 400,531 (1,442) (39,909) 359,180 2,939,859 6.5 2030 08/01/30 100%814,698 (27,088) - 787,610 101.708%801,063 400,531 (1,442) (39,909) 359,180 3,206,736 7 2030 02/01/31 100%855,433 (27,088) - 828,345 101.708%842,493 421,247 (1,516) (41,973) 377,757 3,481,911 7.5 2031 08/01/31 100%855,433 (27,088) - 828,345 101.708%842,493 421,247 (1,516) (41,973) 377,757 3,751,691 8 2031 02/01/32 100%898,205 (27,088) - 871,117 101.708%885,995 442,998 (1,595) (44,140) 397,263 4,029,838 8.5 2032 08/01/32 100%898,205 (27,088) - 871,117 101.708%885,995 442,998 (1,595) (44,140) 397,263 4,302,532 9 2032 02/01/33 100%943,115 (27,088) - 916,027 101.708%931,673 465,836 (1,677) (46,416) 417,743 4,583,661 9.5 2033 08/01/33 100%943,115 (27,088) - 916,027 101.708%931,673 465,836 (1,677) (46,416) 417,743 4,859,278 10 2033 02/01/34 100%990,271 (27,088) - 963,183 101.708%979,634 489,817 (1,763) (48,805) 439,248 5,143,401 10.5 2034 08/01/34 100%990,271 (27,088) - 963,183 101.708%979,634 489,817 (1,763) (48,805) 439,248 5,421,953 11 2034 02/01/35 100%1,039,785 (27,088) - 1,012,696 101.708%1,029,993 514,997 (1,854) (51,314) 461,828 5,709,081 11.5 2035 08/01/35 100%1,039,785 (27,088) - 1,012,696 101.708%1,029,993 514,997 (1,854) (51,314) 461,828 5,990,580 12 2035 02/01/36 100%1,091,774 (27,088) - 1,064,686 101.708%1,082,870 541,435 (1,949) (53,949) 485,537 6,280,727 12.5 2036 08/01/36 100%1,091,774 (27,088) - 1,064,686 101.708%1,082,870 541,435 (1,949) (53,949) 485,537 6,565,185 13 2036 02/01/37 100%1,146,362 (27,088) - 1,119,274 101.708%1,138,391 569,196 (2,049) (56,715) 510,432 6,858,364 13.5 2037 08/01/37 100%1,146,362 (27,088) - 1,119,274 101.708%1,138,391 569,196 (2,049) (56,715) 510,432 7,145,795 14 2037 02/01/38 100%1,203,681 (27,088) - 1,176,592 101.708%1,196,689 598,344 (2,154) (59,619) 536,571 7,442,020 14.5 2038 08/01/38 100%1,203,681 (27,088) - 1,176,592 101.708%1,196,689 598,344 (2,154) (59,619) 536,571 7,732,437 15 2038 02/01/39 100%1,263,865 (27,088) - 1,236,776 101.708%1,257,900 628,950 (2,264) (62,669) 564,017 8,031,723 15.5 2039 08/01/39 100%1,263,865 (27,088) - 1,236,776 101.708%1,257,900 628,950 (2,264) (62,669) 564,017 8,325,141 16 2039 02/01/40 100%1,327,058 (27,088) - 1,299,970 101.708%1,322,173 661,087 (2,380) (65,871) 592,836 8,627,504 16.5 2040 08/01/40 100%1,327,058 (27,088) - 1,299,970 101.708%1,322,173 661,087 (2,380) (65,871) 592,836 8,923,939 17 2040 02/01/41 100%1,393,411 (27,088) - 1,366,322 101.708%1,389,659 694,830 (2,501) (69,233) 623,095 9,229,395 17.5 2041 08/01/41 100%1,393,411 (27,088) - 1,366,322 101.708%1,389,659 694,830 (2,501) (69,233) 623,095 9,528,861 18 2041 02/01/42 100%1,463,081 (27,088) - 1,435,993 101.708%1,460,520 730,260 (2,629) (72,763) 654,868 9,837,426 18.5 2042 08/01/42 100%1,463,081 (27,088) - 1,435,993 101.708%1,460,520 730,260 (2,629) (72,763) 654,868 10,139,941 19 2042 02/01/43 100%1,536,235 (27,088) - 1,509,147 101.708%1,534,923 767,462 (2,763) (76,470) 688,229 10,451,634 19.5 2043 08/01/43 100%1,536,235 (27,088) - 1,509,147 101.708%1,534,923 767,462 (2,763) (76,470) 688,229 10,757,214 20 2043 02/01/44 100%1,613,047 (27,088) - 1,585,959 101.708%1,613,047 806,523 (2,903) (80,362) 723,258 11,072,052 20.5 2044 08/01/44 100%1,613,047 (27,088) - 1,585,959 101.708%1,613,047 806,523 (2,903) (80,362) 723,258 11,380,716 21 2044 02/01/45 100%1,693,699 (27,088) - 1,666,611 101.708%1,695,077 847,538 (3,051) (84,449) 760,039 11,698,716 21.5 2045 08/01/45 100%1,693,699 (27,088) - 1,666,611 101.708%1,695,077 847,538 (3,051) (84,449) 760,039 12,010,482 22 2045 02/01/46 100%1,778,384 (27,088) - 1,751,296 101.708%1,781,208 890,604 (3,206) (88,740) 798,658 12,331,665 22.5 2046 08/01/46 100%1,778,384 (27,088) - 1,751,296 101.708%1,781,208 890,604 (3,206) (88,740) 798,658 12,646,551 23 2046 02/01/47 100%1,867,304 (27,088) - 1,840,215 101.708%1,871,646 935,823 (3,369) (93,245) 839,209 12,970,936 23.5 2047 08/01/47 100%1,867,304 (27,088) - 1,840,215 101.708%1,871,646 935,823 (3,369) (93,245) 839,209 13,288,962 24 2047 02/01/48 100%1,960,669 (27,088) - 1,933,581 101.708%1,966,606 983,303 (3,540) (97,976) 881,787 13,616,570 24.5 2048 08/01/48 100%1,960,669 (27,088) - 1,933,581 101.708%1,966,606 983,303 (3,540) (97,976) 881,787 13,937,755 25 2048 02/01/49 100%2,058,702 (27,088) - 2,031,614 101.708%2,066,314 1,033,157 (3,719) (102,944) 926,494 14,268,607 25.5 2049 08/01/49 100%2,058,702 (27,088) - 2,031,614 101.708%2,066,314 1,033,157 (3,719) (102,944) 926,494 14,592,971 26 2049 02/01/50 Total 30,367,418 (109,323) (3,025,810) 27,232,286 Present Value From 08/01/2023 Present Value Rate 4.00%16,272,995 (58,583) (1,621,441) 14,592,971 Prepared by Ehlers & Associates, Inc. - Estimates Only N:\Minnsota\Eden Prairie\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 25 (Ellie Apts)\Cash flow\TIF Plan Run 12-8-2021 Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 14 Appendix C: Findings Including But/For Qualifications The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 25 (The Ellie Apartments), as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 25 (The Ellie Apartments) is a housing district as defined in M.S., Section 469.174, Subd. 11. Tax Increment Financing District No. 25 (The Ellie Apartments) consists of seven (7) parcels. The development will consist of the construction of 239 apartment units, including 48 units affordable at 50% of area median income and 12 units affordable at 80% of area median income, all or a portion of which will receive tax increment assistance and will meet income restrictions described in M.S. 469.1761. At least 20 percent of the units receiving assistance will have incomes at or below 50 percent of area median income. 2. Finding that the proposed development, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. The proposed development, in the opinion of the HRA, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in this plan is a housing district that meets the HRA's objectives for development and redevelopment. The cost of land acquisition, site and public improvements and utilities makes this housing development infeasible without HRA assistance. Due to decreased rental income from affordable units, there is insufficient cash flow to provide a sufficient rate of return, pay operating expenses, and service the debt. This leaves a gap in the funding for the project and makes this housing development feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a pro forma as justification that the developer would not have gone forward without tax increment assistance. Eden Prairie Housing and Redevelopment Authority Tax Increment Financing District No. 25 (The Ellie Apartments) 15 The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan: This finding is justified on the grounds that the cost of land acquisition, site and public improvements, utilities and construction of affordable housing add to the total development cost. Historically, the costs of site and public improvements as well as reduced rents required for affordable workforce housing in the City have made development infeasible without tax increment assistance. The HRA reasonably determines that no other development of similar scope is anticipated on this site without substantially similar assistance being provided to the development. 3. Finding that the TIF Plan for Tax Increment Financing District No. 25 (The Ellie Apartments) conforms to the general plan for the development or redevelopment of the municipality as a whole. The City Council reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for Tax Increment Financing District No. 25 (The Ellie Apartments) will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Redevelopment Project Area No. 5 by private enterprise. Through the implementation of the TIF Plan, the HRA will provide an impetus for residential development, which is desirable or necessary for increased population and an increased need for life-cycle housing within the City. CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: February 8, 2022 DEPARTMENT/DIVISION: Tammy Wilson, 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 288562 - 289046 Wire Transfers 1029812 - 1029975 Wire Transfers 8631 - 8672 Purchasing Card 8672 City of Eden Prairie Council Check Summary 2/8/2022 Division Amount Division Amount 100 City Manager 36,066 308 E-911 37,940 101 Legislative 65,331 315 Economic Development 46,039 102 Legal Counsel 36,967 509 CIP Fund 48,833 110 City Clerk 9,432 513 CIP Pavement Management 29,885 111 Customer Service 7,693 522 Improvement Projects 2006 50,468 112 Human Resources 354 526 Transportation Fund 3,925 113 Communications 9,883 539 2020 Improvement Projects 602 114 Benefits & Training 5,507 540 Duck Lake Rd. Reconstruction 6,213 130 Assessing 2,601 804 100 Year History 159 131 Finance 5,074 Total Capital Projects Fund 224,064 132 Housing and Community Services 28,407 133 Planning 150 601 Prairie Village Liquor 207,635 136 Public Safety Communications 17,974 602 Den Road Liquor 379,349 137 Economic Development 371 603 Prairie View Liquor 226,926 138 Community Development Admin. 612 605 Den Road Building 9,583 151 Park Maintenance 34,461 701 Water Enterprise Fund 169,070 153 Organized Athletics 985 702 Wastewater Enterprise Fund 397,716 154 Community Center 32,667 703 Stormwater Enterprise Fund 106,014 155 Beaches 67 Total Enterprise Fund 1,496,292 156 Youth Programs 12,120 158 Senior Center 552 316 WAFTA 929 159 Recreation Administration 50 802 494 Commuter Services 43,245 162 Arts 1,882 807 Benefits Fund 1,654,710 163 Outdoor Center 641 809 Investment Fund 9,647 168 Arts Center 247 810 Workers Comp Insurance 193,684 180 Police Sworn 61,016 811 Property Insurance 5,610 184 Fire 63,696 812 Fleet Internal Service 63,750 186 Inspections 3,091 813 IT Internal Service 82,009 200 Engineering 5,789 814 Facilities Capital ISF 19,373 201 Street Maintenance 41,840 815 Facilites Operating ISF 63,212 202 Street Lighting 204 816 Facilites City Center ISF 156,899 Total General Fund 485,727 817 Facilites Comm. Center ISF 91,594 Total Internal Svc/Agency Funds 2,384,661 301 CDBG 22,942 303 Cemetary Operation 1,525 Report Total 4,618,896 Total Special Revenue Fund 24,467 435 2008B G.O. Improvement Bonds 497 437 G.O. Perm. Improv. 2010A 400 440 GO Perm Impr Ref Bonds 2011D 400 441 2012A G.O. Refunding Bonds 400 442 2012B G.O. Refund Capital Imp 400 446 2014A G.O. TAX ABATEMENT BONDS 1,092 448 2016A GO BONDS - WEST 70TH ST. 497 Total Debt Service Fund 3,686 City of Eden PrairieCouncil Check Register by GL2/8/2022Check # Amount Supplier / Explanation Account Description Business Unit Comments8637 360,784 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Jan 2022 Premiums288692 346,661 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee Feb 20228633 273,208 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 12.31.218659 272,534 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 01.14.228657 203,493 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 12.31.218650 201,747 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 12.17.21288840 193,684 LEAGUE MN CITIES INS TRUST WC Workers Comp Insurance Workers Comp Insurance Work Comp Premiums8648 174,574 FURTHER - AKA SELECT HSA - Employer Health and Benefits HSA PR period 12.31.218653 151,785 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Dec 20211029868 99,773 PARROTT CONTRACTING INC Improvement Contracts Stormwater Enterprise Fund8672 90,456 USB-PURCHASING CARD Operating Supplies - Food Fire1029964 54,792 LOGIS Network Support IT Operating288643 50,468 BKJ LAND COMPANY Improvement Contracts Improvement Projects 20061029956 45,903 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility1029962 41,331 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Economic Development Fund1029955 40,397 CENTERPOINT ENERGY Gas Crestwood Park1029906 36,354 CENTERPOINT ENERGY Gas General Community Center1029876 36,198 XCEL ENERGY Electric Street Lighting288682 34,191 JOHNSON CONTROLS Other Contracted Services City Center - CAM288987 34,025 I-494 CORRIDOR COMMISSION TREASURER Dues & Subscriptions City Council288911 33,717 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store288986 33,397 HYDROCORP Capital Under $25,000 Water Capital288854 32,148 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal Fire Station #18635 31,955 EMPOWER Deferred Compensation Health and Benefits8642 28,575 FURTHER - AKA SELECT HRA Health and Benefits8661 27,792 EMPOWER Deferred Compensation Health and Benefits8645 27,098 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service ChargesLiquor Store Delivery288713 24,827 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit288629 24,431 M-R SIGN CO INC Signs Traffic Signs1029857 24,305 GMH ASPHALT CORPORATION Improvement Contracts CIP Pavement Management1029908 24,123 ELECTRIC PUMP Repair & Maint. Supplies Wastewater Lift Station288989 23,360 INDEPENDENT EMERGENCY SERVICES LLC Equipment Repair & Maint E-911 Program288932 22,869 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store288902 22,810 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store288767 21,126 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store288856 21,025 PROP Other Contracted Services CDBG - Public Service288728 20,855 VIDEOTRONIX INC Capital Under $25,000 Public Safety Communications8651 20,467 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits8660 19,917 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits288733 19,512 VIGILANT SOLUTIONS LLC Capital Under $25,000 Police Sworn288886 19,374 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store288593 19,199 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store288776 17,791 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store288894 17,254 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store289025 16,940 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment Check # Amount Supplier / Explanation Account Description Business Unit Comments288924 16,358 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store1029912 16,350 METROPOLITAN AIRPORTS COMMISSION Other Rentals Park Maintenance1029921 16,260 WALL TRENDS INC Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr289019 16,245 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store288980 16,202 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store8664 15,298 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits289046 15,268 NATIONAL RESEARCH CENTER INC Other Contracted Services City Council289024 14,957 PUMP AND METER SERVICE Machinery & Equipment Fleet Capital1029854 14,861 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station289003 14,692 MEIER THOMAS Accounts Receivable TIF-Eden Shores Senior Housing288909 14,148 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store288708 13,696 RAVE MOBILE SAFETY Equipment Repair & Maint E-911 Program288844 13,546 METRO CITIES Dues & Subscriptions City Council8655 12,704 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission8671 12,662 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission289045 12,169 VIDEOTRONIX INC Other Assets Public Safety Communications288879 12,043 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store288618 11,863 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store288791 11,616 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store288893 11,332 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store288796 11,111 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store288721 11,000 TMS JOHNSON Supplies - Fire/Life/Safety Maintenance Facility8643 10,768 CARD CONNECT Bank and Service Charges Community Center Admin288586 10,403 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store288706 10,322 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal City Center - CAM288870 10,045 XTREME INTEGRATION Capital Under $25,000 Capital Maint. & Reinvestment288746 10,017 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store288753 9,969 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store288570 9,903 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store288704 9,900 POLYTEK SURFACE COATINGS LLC Contract Svcs - General Bldg City Center - CAM288691 9,789 METERING & TECHNOLOGY SOLUTIONS Improvement ContractsWater Capital289043 9,647 US BANK Interest Investment Fund1029975 9,635 WALL TRENDS INC Contract Svcs - General Bldg City Center - CAM288761 9,588 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store288821 9,575 EHLERS & ASSOCIATES INC Deposits Economic Development Fund288828 9,556 GRAYMONT Treatment Chemicals Water Treatment288641 9,500 BADGER STATE INSPECTION LLC Maintenance Contracts Water Supply (Wells)288807 9,378 ASPEN MILLS Postage Fire288674 9,256 HENNEPIN COUNTY TREASURER Equipment Repair & Maint Elections1029871 9,125 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service288584 9,025 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store288603 8,969 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store288673 8,927 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-Trail Point Ridge289000 8,886 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating288795 8,624 PHILLIPS WINE AND SPIRITS INC Liquor Product ReceivedPrairie View Liquor Store289022 8,563 PROP Deposits Den Road Liquor Store288750 8,399 PHILLIPS WINE AND SPIRITS INC Liquor Product ReceivedPrairie Village Liquor Store288830 8,379 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of PrisonerPolice Sworn288985 8,314 HOME DEPOT CREDIT SERVICES Operating Supplies Facilities Staff Check # Amount Supplier / Explanation Account Description Business Unit Comments288585 8,300 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store1029973 8,155 STREICHERS Clothing & Uniforms Capital Maint. & Reinvestment8641 7,947 CHASE Bank and Service Charges Wastewater Accounting288919 7,893 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store289002 7,784 MASIMO AMERICAS INC Other Contracted Services Fire288873 7,616 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store288630 7,395 SPORTS LIGHTING AUTHORITY Other Contracted Services Capital Maint. & Reinvestment1029861 7,352 IDEAL SERVICE INC Equipment Repair & Maint Water Treatment289020 7,318 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal Fire Station #4288577 6,915 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store288644 6,815 BOLTON & MENK INC Design & Engineering Duck Lake Rd. Reconstruction288625 6,801 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store288965 6,532 DELI DOUBLE Miscellaneous Internal Events288726 6,232 VERIZON WIRELESS Other Contracted Services IT Operating288809 6,216 BOUND TREE MEDICAL LLC EMS Supplies Fire288760 6,209 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store8656 6,162 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission1029872 6,047 STREICHERS Clothing & Uniforms Police Sworn289029 5,919 SMSC ENTERPRISES Other Contracted Services Yard Waste Site1029818 5,871 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store1029954 5,820 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating288841 5,692 LEGACY GYMNASTICS Instructor Service Lesson Skills Development288564 5,649 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store288839 5,610 LEAGUE MN CITIES INS TRUST Insurance Property Insurance1029935 5,581 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management1029963 5,415 HAWKINS INC Treatment Chemicals Water Treatment288908 5,309 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store8665 5,296 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits1029870 5,260 PRAIRIE ELECTRIC COMPANY Contract Svcs - HVAC Fitness/Conference - Cmty Ctr288647 5,240 CATALYST GRAPHICS INC Printing Communications288610 5,215 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store288978 5,208 GRAYMONT Treatment Chemicals Water Treatment289044 5,191 VAISALA Software Maintenance IT Operating288871 5,000 YMCA OF THE NORTH Other Contracted Services Housing and Community Service288957 4,930 CORE & MAIN Repair & Maint. Supplies Water Distribution288923 4,887 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store288774 4,798 PHILLIPS WINE AND SPIRITS INC Liquor Product ReceivedDen Road Liquor Store288806 4,788 ARCHIVESOCIAL Other Contracted Services Communications288672 4,788 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission288669 4,786 GRAYMONT Treatment Chemicals Water Treatment288945 4,727 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating288684 4,515 KRIS ENGINEERING INC Equipment Parts Snow & Ice Control288592 4,500 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store288868 4,441 WM CORPORATE SERVICES INC Waste Disposal General Community Center1029922 4,410 ZIEGLER INC Other Rentals Park Maintenance288724 4,400 U S BANK Paying Agent Water Capital288783 4,352 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store288681 4,301 JOHN HENRY FOSTER MINNESOTA INC Contract Svcs - General Bldg Maintenance Facility288778 4,255 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments1029848 4,242 VAN PAPER COMPANY Cleaning Supplies General Community Center288914 4,191 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store288878 4,153 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store288999 4,121 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating288895 4,048 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store288685 4,030 LAW ENFORCEMENT LABOR SERVICES INC. Union Dues Withheld Health and Benefits288888 4,024 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store1029942 4,010 GUNNAR ELECTRIC CO INC Other Contracted Services Economic Development Fund288660 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund288901 3,961 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store1029919 3,928 STREICHERS Clothing & Uniforms Police Sworn1029971 3,925 SRF CONSULTING GROUP INC Design & Engineering Transportation Fund288664 3,750 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service288679 3,701 ISG Other Contracted Services Capital Maint. & Reinvestment288756 3,670 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store288930 3,618 PHILLIPS WINE AND SPIRITS INC Liquor Product ReceivedPrairie View Liquor Store288737 3,474 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store288727 3,456 VESSCO INC Repair & Maint. Supplies Water Treatment288766 3,376 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store288566 3,372 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store288659 3,320 DAVEY TREE EXPERT COMPANY, THE Other Contracted Services Street Maintenance288710 3,260 RELATE COUNSELING CENTER Other Contracted Services Housing and Community Service288883 3,249 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store1029966 3,152 METRO SALES INCORPORATED* Equipment Rentals IT Operating288611 3,145 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store288798 3,134 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store288782 3,132 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store288850 3,125 MOVEFWD INC Other Contracted Services Housing and Community Service288676 3,109 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting8669 3,072 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits288929 3,069 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store288738 3,051 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store1029859 3,050 HAWKINS INC Treatment Chemicals Water Treatment288657 3,000 CUSTOMIZED FIRE RESCUE TRAINING INC Training Fire288853 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service1029972 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)288949 2,986 BITUMINOUS ROADWAYS INC Other Contracted Services Capital Maint. & Reinvestment288934 2,921 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store8646 2,892 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits1029885 2,879 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store1029953 2,873 VAN PAPER COMPANY Cleaning Supplies General Community Center1029865 2,815 METRO SALES INCORPORATED* Equipment Rentals Customer Service288617 2,811 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store288884 2,774 PHILLIPS WINE AND SPIRITS INC Liquor Product ReceivedPrairie Village Liquor Store288866 2,764 TARGETSOLUTIONS LEARNING, LLC Software Maintenance IT Operating288666 2,653 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating288582 2,625 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store288974 2,498 EHLERS & ASSOCIATES INC Deposits Economic Development Fund1029851 2,483 BIFFS INC Waste Disposal Utility Operations - General Check # Amount Supplier / Explanation Account Description Business Unit Comments1029960 2,475 GENUINE PARTS COMPANY Operating Supplies Fleet Operating1029957 2,465 DLT SOLUTIONS INC. Software Maintenance IT Operating288834 2,434 INDIGITAL INC Other Contracted Services IT Capital288612 2,430 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store288784 2,425 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store288632 2,406 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg Police (City Cost)8662 2,377 INVOICE CLOUD Bank and Service Charges Historical Culture289001 2,350 MARTIN-MCALLISTER Employment Support Test Organizational Services1029891 2,329 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store1029813 2,324 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store1029849 2,313 AMERICAN PUBLIC WORKS ASSOCIATION Dues & Subscriptions Fleet Operating288976 2,289 FOUNDATION BUSINESS SYSTEMS, LLC Dues & SubscriptionsStormwater Non-Capital1029824 2,251 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store288842 2,250 LIFESAVING RESOURCES LLC Training Fire288982 2,080 HEALTH STRATEGIES Health & Fitness Fire288981 2,075 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF289012 2,000 OGDAHL JUDITH Rebates Stormwater Non-Capital288627 1,989 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store288790 1,978 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store288758 1,952 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store288656 1,939 CROWN EQUIPMENT RENTAL CO INC Other Rentals Tree Disease288636 1,935 ARVIG ENTERPRISES INC Fiber Lease Payments IT Operating288991 1,908 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits1029937 1,896 CUSTOM HOSE TECH Operating Supplies Fleet Operating288640 1,884 BADGER METER Telephone Water Metering1029832 1,845 FASTENAL COMPANY Operating Supplies Fleet Operating288703 1,840 PERA Wages and Benefits 494 Corridor Commission289015 1,834 PERA Wages and Benefits 494 Corridor Commission288890 1,818 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store288804 1,770 AMERICAN KARATE STUDIO INC Instructor Service Lesson Skills Development288714 1,755 SSI KEF SLB LLC Electric Water Treatment288764 1,733 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store288874 1,720 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store288951 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating288872 1,710 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store288858 1,700 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal288565 1,662 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store289031 1,648 SOCCER SHOTS Instructor Service Preschool Events8654 1,625 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating288675 1,625 HOMELINE Other Contracted Services Housing and Community Service288569 1,614 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store288580 1,602 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store288959 1,600 CRAIG RAPP, LLC Dues & Subscriptions Administration288832 1,576 HINTERLAND CSG LLC Electric Facilities Operating ISF288829 1,575 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services288992 1,558 INTERTECH INC Other Contracted Services IT Operating289036 1,550 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating1029929 1,549 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store1029884 1,522 VINOCOPIA Liquor Product Received Den Road Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments288920 1,519 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store8636 1,502 FIDELITY SECURITY LIFE INSURANCE CO Accounts ReceivableHealth and Benefits8639 1,468 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Inspections-Administration288599 1,457 PHILLIPS WINE AND SPIRITS INC Liquor Product ReceivedDen Road Liquor Store289014 1,451 PCI ROADS Outside Water Sales Water Enterprise Fund288969 1,441 EDEN PRAIRIE CHAMBER OF COMMERCE Dues & SubscriptionsCity Council288993 1,441 JOHN HENRY FOSTER MINNESOTA INC Maintenance ContractsMaintenance Facility288639 1,440 AT YOUTH PROGRAMS LLC Instructor Service Tennis288591 1,413 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store288772 1,393 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store288731 1,382 YORKTOWN OFFICES Rent 494 Corridor Commission1029913 1,364 MULCAHY COMPANY INC Supplies - Pool Pool Maintenance288621 1,354 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store288825 1,336 FORMS & SYSTEMS OF MINNESOTA Printing Police Sworn1029946 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM1029867 1,314 M-K GRAPHICS Operating Supplies Finance288705 1,300 PRECISE MRM LLC Other Contracted Services Snow & Ice Control288915 1,299 WINEBOW Liquor Product Received Den Road Liquor Store288589 1,291 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store1029864 1,285 METRO ELEVATOR INC Contract Svcs - Elevator Fire Station #1289035 1,281 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating288745 1,264 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store288598 1,264 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store288690 1,250 MEALS ON WHEELS Other Contracted Services Housing and Community Service288941 1,250 ALLIED MEDICAL TRAINING Training Fire288859 1,248 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF1029882 1,234 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store288788 1,228 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store289008 1,215 MN TRANSPORTATION ALLIANCE Dues & Subscriptions Engineering288835 1,200 IRON MALTESE ATHLETICS Training Fire1029967 1,161 MTI DISTRIBUTING INC Equipment Parts Fleet Operating8670 1,160 FURTHER - AKA SELECT Other Contracted Services Health and Benefits1029887 1,157 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store1029821 1,147 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store289004 1,137 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000Water Metering288802 1,134 AIRGAS USA LLC Supplies - Pool Pool Maintenance288655 1,119 COVERTTRACK GROUP Other Contracted Services Police Sworn1029880 1,112 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store288975 1,104 FERGUSON WATERWORKS Repair & Maint. Supplies Water Distribution288637 1,100 ASPEN MILLS Clothing & Uniforms Fire288689 1,083 MARCO INC Hardware - R&M IT Operating1029817 1,077 VINOCOPIA Liquor Product Received Den Road Liquor Store1029927 1,026 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store288769 1,026 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store288898 1,016 DOMACE VINO Liquor Product Received Den Road Liquor Store288717 1,015 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Fire288780 999 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store288742 965 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store288852 960 PITNEY BOWES Postage Customer Service Check # Amount Supplier / Explanation Account Description Business Unit Comments288645 953 BOUND TREE MEDICAL LLC EMS Supplies Fire288952 950 CD3 GENERAL BENEFIT CORPORATION Other Contracted Services Stormwater Non-Capital288876 949 DOMACE VINO Liquor Product Received Prairie Village Liquor Store288677 938 INDIGITAL INC Other Contracted Services IT Capital1029890 932 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store288998 929 LEAGUE MN CITIES INS TRUST WC Insurance WAFTA1029909 924 GRAINGER Supplies - General Bldg Facilities Staff288662 924 DOYLE DEVIN Rebates Stormwater Non-Capital288823 907 FERGUSON WATERWORKS Repair & Maint. Supplies Water Distribution288990 904 INDIGITAL INC Other Contracted Services IT Capital289030 904 SNAP-ON TOOLS Dues & Subscriptions Fleet Operating288567 897 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store288897 884 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store288723 875 TWIN CITY MONUMENT CO Other Contracted Services Pleasant Hill Cemetery288865 875 SUSA Dues & Subscriptions Utility Operations - General288947 875 BAKER TILLY MUNICIPAL ADVISORS, LLC Other Contracted Services Water Capital288648 867 CENTURYLINK Internet IT Operating288614 866 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store288719 859 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions288794 855 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store1029938 853 FASTENAL COMPANY Operating Supplies Fleet Operating288996 850 LAVAN FLOOR COVERING Contract Svcs - General Bldg City Center - CAM288670 841 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions288631 827 AIRGAS USA LLC Supplies - Pool Pool Maintenance288587 821 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store288574 814 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store288720 800 THE AMAZING SCOTT BALLOON ENTERTAINMENT Other Contracted Services Stormwater Non-Capital288616 796 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store288983 793 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications288606 786 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store1029931 761 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store288867 756 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions288722 750 TREEHOUSE Other Contracted Services Housing and Community Service1029834 750 GUNNAR ELECTRIC CO INC Other Contracted Services Rehab1029835 747 HACH COMPANY Laboratory Chemicals Water Treatment1029926 746 VINOCOPIA Liquor Product Received Den Road Liquor Store288843 743 MASTER CRAFT LABELS INC Operating Supplies Prairie View Liquor Store1029815 742 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store288979 740 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions288904 738 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store288803 738 ALLIANT ENGINEERING Deposits Stormwater Non-Capital288900 720 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store8658 715 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits288562 714 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store288917 714 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store8632 705 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits288824 698 FIRST ARRIVING, LLC Dues & Subscriptions Facilities Staff288646 697 BRIN GLASS SERVICE Other Contracted Services Rehab288700 690 NAC Building Repair & Maint. Utility Operations - General Check # Amount Supplier / Explanation Account Description Business Unit Comments289023 685 PROP - PR Charitable Contributions Health and Benefits288995 675 LAURA SOSALLA LLC Other Contracted Services Police Sworn1029889 667 VINOCOPIA Liquor Product Received Prairie View Liquor Store1029863 653 MENARDS Operating Supplies Utility Operations - General288962 650 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery288568 640 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store288695 640 MINNESOTA STATE FIRE CHIEFS ASSN Dues & Sub-MembershipsFire1029928 630 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store289021 629 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission8638 618 PMA FINANCIAL NETWORK INC Deposits General Fund288579 615 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store289034 613 STAPLES ADVANTAGE Office Supplies Customer Service288622 610 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store289038 608 TALKPOINT TECHNOLOGIES INC Equipment Repair & Maint E-911 Program288956 605 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits288950 600 BLUE AND BROWN BACKGROUNDS LLC Conference/Training Police Sworn8644 592 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration1029925 586 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store1029930 582 VINOCOPIA Liquor Product Received Prairie View Liquor Store288735 560 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store1029923 556 VINOCOPIA Liquor Product Received Prairie Village Liquor Store288808 556 BLUEPEARL VETERINARY Other Contracted Services Police Sworn1029910 555 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment288749 555 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store288663 555 EARL F ANDERSEN INC Signs Traffic Signs1029858 552 GRAINGER Supplies - Pool Maintenance Facility288851 550 PAPCO INC Cleaning Supplies General Community Center1029903 549 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating288896 546 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store1029836 545 JOHNSTONE SUPPLY Small Tools Facilities Staff288739 539 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store1029894 535 FASTENAL COMPANY Operating Supplies Fleet Operating288964 535 DEALER AUTOMOTIVE SERVICES INC Equipment Repair & MaintFleet Operating288770 529 MEGA BEER Liquor Product Received Den Road Liquor Store1029961 529 GRAINGER Repair & Maint. Supplies City Center - CAM1029812 520 VINOCOPIA Liquor Product Received Prairie Village Liquor Store288910 516 SMALL LOT MN Liquor Product Received Den Road Liquor Store288889 514 WINEBOW Liquor Product Received Prairie Village Liquor Store1029968 507 PREMIUM WATERS INC Operating Supplies - Water Fire1029875 506 VISTAR CORPORATION Merchandise for Resale Concessions289040 500 TOTAL ENTERTAINMENT/KIDSDANCE PROD. Other Contracted Services Skating Rinks/Warming Houses1029850 485 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations - General288926 483 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store288785 476 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store288571 476 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store1029879 471 VINOCOPIA Liquor Product Received Prairie Village Liquor Store1029830 468 CARLSTON, BRANDON Canine Supplies Police Sworn288994 456 KODIAK CUSTOM LETTERING INC Retention Program Community Center Admin288953 456 CEMSTONE PRODUCTS COMPANY Machinery & Equipment Fleet - Gen Gov't Check # Amount Supplier / Explanation Account Description Business Unit Comments288921 447 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store289037 445 SUBURBAN CHEVROLET Equipment Parts Fleet Operating1029828 440 BARRIE SPENCER Clothing & Uniforms Police Sworn288958 435 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission288594 432 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store288970 431 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits288575 427 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store288857 425 SAWALL, CASEY Operating Supplies Athletic Programs Admin288680 425 J H LARSON COMPANY Supplies - Electrical Den Bldg. - CAM288607 418 WINEBOW Liquor Product Received Den Road Liquor Store288960 410 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating288863 409 STEPHAN, JACK Accounts Receivable Water Enterprise Fund288762 405 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store288918 400 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store288819 395 DAYROBB BATTERIES PLUS Repair & Maint. Supplies Wasterwater Collection288633 390 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events288968 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service288810 385 CBIZ INVESTMENT ADVISORY SERVICES LLC Other Contracted Services Health and Benefits1029842 385 QUALITY PROPANE Gas Ice Arena Maintenance1029905 383 CDW GOVERNMENT INC. Hardware - R&M IT Operating288942 381 AMERICAN PRESSURE INC Contract Svcs - Plumbing Maintenance Facility1029856 377 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM288822 375 ESA MANAGEMENT LLC Accounts Receivable General Fund288855 375 PRINT SOURCE MINNESOTA Printing Police Sworn288831 374 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Garden Room Repairs288725 371 UNIVERSAL ATHLETIC SERVICES INC Clothing & Uniforms Athletic Programs Admin288588 368 DOMACE VINO Liquor Product Received Den Road Liquor Store288613 368 DOMACE VINO Liquor Product Received Prairie View Liquor Store288848 364 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn288905 353 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store288935 349 WINEBOW Liquor Product Received Prairie View Liquor Store1029826 348 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store288811 345 CENTURYLINK Telephone IT Operating288892 341 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store1029866 336 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Ice Arena Maintenance289026 333 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance288687 331 LUBE-TECH & PARTNERS LLC Lubricants & Additives Fleet Operating288667 330 ESTRINE, ROBERT Other Contracted Services Community Band1029916 328 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating1029881 326 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store288773 325 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store1029959 321 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits1029862 320 KUSTOM SIGNALS INC Equipment Parts Police Sworn1029844 319 ROSE, ALECIA Dues & Subscriptions Human Resources1029843 316 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance288736 316 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store288759 316 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store288781 316 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store1029898 316 METROPOLITAN FORD Equipment Parts Fleet Operating Check # Amount Supplier / Explanation Account Description Business Unit Comments288792 313 MEGA BEER Liquor Product Received Prairie View Liquor Store1029902 311 STAAF, CARTER Travel Expense Police Sworn288939 310 AIRGAS USA LLC EMS Supplies-Oxygen Supplies Fire1029819 308 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store8649 307 DELUXE BUSINESS FORMS AND SUPPLIES Bank and Service Charges Senior Center Admin288609 307 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store289013 306 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire288693 300 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees City Center - CAM288827 300 GAS TANK RENU OF MINNESOTA Equipment Repair & Maint Fleet Operating288847 300 MINNESOTA DEPT OF LABOR AND INDUSTRY Building Repair & Maint. Utility Operations - General288967 300 DRAG N FLY WIRELESS INC Software Maintenance IT Operating1029869 299 PITNEY BOWES Postage Customer Service1029932 298 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store288595 295 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store1029940 293 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution288946 293 AUTOWASH SYSTEMS INC Equipment Repair & Maint Fleet Operating288698 290 MUEHLBAUER, THOMAS G Other Contracted Services Community Band288775 284 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store8668 279 US BANK - PAYMODE Bank and Service Charges Finance288973 277 EDEN PRAIRIE ROTARY CLUB Miscellaneous Administration288602 276 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store288954 276 CENTURYLINK Telephone E-911 Program288820 275 DELTA DENTAL Wages and Benefits 494 Corridor Commission288747 275 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store288864 270 SUBURBAN CHEVROLET Equipment Parts Fleet Operating288729 270 WILD ONES PRAIRIE EDGE P&R Refunds Community Center Admin288701 266 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Street Maintenance1029934 265 BERRY COFFEE COMPANY Merchandise for Resale Concessions288563 262 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store288583 262 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store288997 261 LAWSON PRODUCTS INC Small Tools Fleet Operating288752 259 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store288734 258 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store288971 252 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits289005 250 MID-STATES ORGANIZED CRIME INFO CENTER Dues & Subscriptions Police Sworn288661 247 DIRECTV Cable TV Community Center Admin288877 246 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store1029873 245 TRANE U.S. INC Supplies - HVAC Historical Buildings289041 237 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn1029944 237 HENDERSON, THOMAS Travel Expense Police Sworn1029945 237 JOHNSTON, ROB Travel Expense Police Sworn288702 236 PAI ELIZABETH P&R Refunds Community Center Admin288845 235 MINNESOTA DEPARTMENT OF AGRICULTURE Licenses, Taxes, Fees Park Maintenance288875 229 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store8667 227 VANCO SERVICES Bank and Service Charges Wastewater Accounting288665 225 EDEN PRAIRIE NOON ROTARY CLUB Conference/Training Housing and Community Service288869 224 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital288882 218 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store1029900 212 REXFORD ZACHARY Travel Expense Assessing Check # Amount Supplier / Explanation Account Description Business Unit Comments1029936 210 CARLSTON, BRANDON Clothing & Uniforms Police Sworn8666 209 PAYCHEX Payroll Admin. Fees 494 Corridor Commission8663 208 OPTUM HEALTH Other Contracted Services Health and Benefits288626 207 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store288927 207 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store288755 205 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store289039 203 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council1029911 202 MENARDS Small Tools Fire Station #41029947 200 METROPOLITAN FORD Equipment Repair & Maint Fleet Operating1029840 197 METROPOLITAN FORD Equipment Parts Fleet Operating288885 196 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store1029896 194 JOHNSTONE SUPPLY Small Tools General Community Center288619 194 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store288597 192 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store1029970 191 SPS COMPANIES Repair & Maint. Supplies Water Treatment288833 190 IACP Dues & Subscriptions Police Sworn288653 190 COMCAST Internet IT Operating288715 189 STAPLES ADVANTAGE Office Supplies Customer Service1029838 187 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission1029831 185 CUSTOM HOSE TECH Operating Supplies Fleet Operating288678 185 INDIGO SIGNWORKS, INC. Operating Supplies Skating Rinks/Warming Houses288683 185 KAISER, DAVID S Equipment Repair & Maint Fitness Center1029892 183 BERRY COFFEE COMPANY Merchandise for Resale Concessions288907 181 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store288928 181 ORIGIN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store1029893 181 CUSTOM HOSE TECH Equipment Parts Fleet Operating288634 180 AQUA LOGIC INC Contract Svcs - Pool Pool Maintenance288984 180 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating1029950 178 RICK, CARL Mileage & Parking Prairie View Liquor Store1029877 177 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM288668 175 FRANKLIN SPORTS Operating Supplies Pickleball (CC)289009 175 MNIAI Dues & Subscriptions Police Sworn1029918 173 STERICYCLE INC Other Contracted Services Police Sworn288912 171 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store288913 171 UNMAPPED BREWING CO Liquor Product Received Den Road Liquor Store288601 171 SAINT CROIX VINEYARDS, INC. Liquor Product Received Den Road Liquor Store1029924 170 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store1029901 170 SCHMIDT, MATT Clothing & Uniforms Police Sworn1029899 166 QUALITY PROPANE Motor Fuels Ice Arena Maintenance288624 165 SMALL LOT MN Liquor Product Received Prairie View Liquor Store288757 165 56 BREWING LLC Liquor Product Received Den Road Liquor Store1029855 165 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating288608 164 WOODEN HILL BREWING COMPANY LLC Liquor Product ReceivedDen Road Liquor Store288936 164 WOODEN HILL BREWING COMPANY LLC Liquor Product ReceivedPrairie View Liquor Store288596 164 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store1029878 163 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store288771 162 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store288635 161 ARAMARK Janitor Service Den Road Liquor Store288578 156 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments288658 155 DAHL TRAVIS Deposits General Fund288799 155 LINDEMAN BRETT Clothing & Uniforms Police Sworn288576 151 SAINT CROIX VINEYARDS, INC. Liquor Product Received Prairie Village Liquor Store288789 150 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store288605 150 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store288881 150 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store1029920 150 USA SECURITY Maintenance Contracts Water Treatment1029974 150 USA SECURITY Maintenance Contracts Water Treatment288916 148 WOODEN HILL BREWING COMPANY LLC Liquor Product ReceivedDen Road Liquor Store288763 147 DOMACE VINO Liquor Product Received Den Road Liquor Store288779 146 56 BREWING LLC Liquor Product Received Prairie View Liquor Store289042 146 UNITED WAY Charitable Contributions Health and Benefits288860 144 ST CROIX LINEN LLC Operating Supplies-Linens Fire289032 144 ST CROIX LINEN LLC Operating Supplies-Linens Fire1029860 143 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance288887 141 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store288805 140 ARAMARK Janitor Service Prairie View Liquor Store288817 139 COMCAST Cable TV Fire288743 138 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store1029883 138 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store1029827 135 ADAMS PEST CONTROL INC Maintenance Contracts Utility Operations - General288740 135 DOMACE VINO Liquor Product Received Prairie Village Liquor Store288786 135 DOMACE VINO Liquor Product Received Prairie View Liquor Store1029917 134 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC City Hall (City Cost)288572 134 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store288707 133 RAHMAN JOSHUA W Deposits General Fund1029823 132 VINOCOPIA Liquor Product Received Prairie View Liquor Store288768 130 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store288880 130 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store288925 130 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store8640 128 PAYA Bank and Service Charges Wastewater Accounting1029816 127 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store288933 126 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store288948 126 BERGO SHANA P&R Refunds Community Center Admin1029852 125 CDW GOVERNMENT INC. Software IT Capital289016 125 PETERSON COUNSELING AND CONSULTING Other Contracted Services Fire288937 125 HEINE MINDY Tuition Reimbursement/School Fitness Classes289017 124 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn288903 120 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store288716 120 STATE OF MINNESOTA Equipment Testing/Cert. Fleet Operating288581 119 WOODEN HILL BREWING COMPANY LLC Liquor Product ReceivedPrairie Village Liquor Store288573 119 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store288891 119 BOOM ISLAND BREWING COMPANY Liquor Product Received Den Road Liquor Store288765 119 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store288699 118 MULLE JESSICA P&R Refunds Community Center Admin288741 118 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store288812 117 CINTAS Operating Supplies Park Maintenance288590 113 INBOUND BREW CO Liquor Product Received Den Road Liquor Store289007 112 MINVALCO INC Building Repair & Maint. Utility Operations - General Check # Amount Supplier / Explanation Account Description Business Unit Comments1029895 110 HACH COMPANY Laboratory Chemicals Water Treatment288787 110 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store288899 110 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store1029958 108 ECM PUBLISHERS INC Legal Notices Publishing City Clerk288652 103 COMCAST Cable TV Fire288620 101 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store288922 100 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store288826 100 GALLS LLC Clothing & Uniforms Volunteers1029833 100 FICCADENTI, JENNY Clothing & Uniforms Police Sworn288943 100 ARAMARK Janitor Service Den Road Liquor Store1029822 98 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store1029941 98 GORDHAMER SCOTT Licenses, Taxes, Fees Police Sworn1029949 98 NELSON BENJAMIN Licenses, Taxes, Fees Police Sworn289006 97 MINNESOTA AIR INC Supplies - HVAC Maintenance Facility288797 96 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store289028 95 SHRED RIGHT Waste Disposal City Hall (City Cost)1029933 95 ANWAY, JEREMY Mileage & Parking Prairie View Liquor Store288754 93 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store288777 93 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store288604 92 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store288793 90 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store1029886 90 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store1029914 88 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment288615 88 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store288977 87 GARNHART ERICA Tuition Reimbursement/School Fitness Classes288815 86 COMCAST Cable TV Fire288623 85 SAINT CROIX VINEYARDS, INC. Liquor Product Received Prairie View Liquor Store288931 85 SMALL LOT MN Liquor Product Received Prairie View Liquor Store288697 84 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance289010 84 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance1029820 84 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store289027 82 SCHILTZ LINDA P&R Refunds Community Center Admin1029888 80 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store289018 79 PIXLEY COLE Operating Supplies Police Sworn288837 76 JALASUTHRAM SRINIVAS AR Utility Water Enterprise Fund288654 74 CORE & MAIN Repair & Maint. Supplies Water Metering1029943 72 HACH COMPANY Laboratory Chemicals Water Treatment1029904 72 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn288751 72 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store288906 72 MOOSE LAKE BREWING CO Liquor Product Received Den Road Liquor Store288649 71 CHANSKI DAN Clothing & Uniforms Police Sworn288836 71 I-STATE TRUCK CENTER Equipment Parts Fleet Operating288696 70 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn288688 70 MAPET Tuition Reimbursement/School Police Sworn288600 69 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store1029907 68 ECM PUBLISHERS INC Legal Notices Publishing City Clerk288816 67 COMCAST Cable TV Fire288628 67 PETTY CASH-EPCC Mileage & Parking Riley Lake Beach288744 63 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store Check # Amount Supplier / Explanation Account Description Business Unit Comments288748 63 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store1029951 60 SCHULZE, CARTER Mileage & Parking Engineering1029837 58 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission288862 58 STAPLES ADVANTAGE Office Supplies Customer Service1029814 58 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store288651 55 COMCAST Cable TV Fire288718 53 SUNDBERG AMERICA Supplies - HVAC Arts Center1029965 53 MENARDS Operating Supplies Fire Station #41029939 53 FLEETPRIDE INC Equipment Parts Fleet Operating288694 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service288861 51 STANLEY JONATHAN Mileage & Parking Housing and Community Service288814 50 COMCAST Internet IT Operating1029969 50 QUICKSILVER EXPRESS COURIER Postage Planning288730 50 YOKIEL CYNTHIA P&R Refunds Community Center Admin288961 49 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission1029825 48 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store1029829 45 BICKLER, JILL Mileage & Parking Fitness Admin.288988 45 IEDITWEB INC Licenses, Taxes, Fees Garden Room Repairs288944 45 ASPEN MILLS Clothing & Uniforms Police Sworn1029845 43 SCHROM JES Mileage & Parking Arts288818 42 CUB FOODS EDEN PRAIRIE Employee Award Organizational Services1029948 40 MUNOZ, MEGAN Mileage & Parking Fitness Admin.288650 40 CINTAS Clothing & Uniforms Fleet Operating288955 40 CINTAS Clothing & Uniforms Fleet Operating1029897 36 LINDAHL, DAVID Mileage & Parking Economic Development1029915 36 PRIORITY COURIER EXPERTS Other Contracted Services Fleet Operating288642 33 BCA - MNJIS Other Contracted Services Police Sworn288801 32 ACE SUPPLY COMPANY INC Supplies - HVAC Police (City Cost)288846 32 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General289011 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits288709 30 REGENTS OF THE UNIVERSITY OF MINNESOTA Other Contracted Services Police Sworn1029847 30 STAAF, CARTER Travel Expense Police Sworn288800 28 A TO Z RENTAL CENTER Repair & Maint. Supplies Emergency Management288712 25 SNAP-ON TOOLS Small Tools Fleet Operating289033 25 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn1029952 24 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General288838 24 JERRY'S ENTERPRISES INC Small Tools Fleet Operating288972 22 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits288963 20 DAYROBB BATTERIES PLUS Audit & Financial Den Road Liquor Store1029846 20 SPOK, INC. Cell/Pager Plans IT Operating1029839 18 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission8647 18 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery288711 17 SHRED RIGHT Waste Disposal General Community Center1029874 16 UPS Postage Customer Service1029841 13 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission288849 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Prairie Bluff Conservation288671 8 HANSON JENNIFER Tuition Reimbursement/School Fitness Classes288686 8 LAWSON PRODUCTS INC Equipment Parts Fleet Operating288732 5 MINNESOTA DEPT OF PUBLIC SAFETY Operating Supplies Trips Check # Amount Supplier / Explanation Account Description Business Unit Comments288940 5 ALKIRE GARY Rental License Housing Inspections288813 4 COMCAST Other Contracted Services Police Sworn288638 4 AT & T Other Contracted Services Police Sworn288938 3 A TO Z RENTAL CENTER Equipment Repair & Maint Fire4,618,896 Grand Total City of Eden Prairie Purchasing Card Payment Report 2/8/2022 Amount Account Description Business Unit 7,835 Other Revenue General Fund 5,455 Operating Supplies Fire 3,799 Operating Supplies Day Care 3,689 Repair & Maint. Supplies General Community Center 2,700 Tuition Reimbursement/School Police Sworn 2,570 Computers IT Operating 2,215 Dues & Subscriptions Engineering 2,190 Software/Hardware Maint. IT Operating 1,992 Equipment Parts Emergency Management 1,945 Training Fire 1,800 Tuition Reimbursement/School Police Sworn 1,612 Capital Under $25,000 Ice Lessons 1,521 Training Supplies Fire 1,512 Software IT Operating 1,500 Conference/Training IT Operating 1,390 EMS Supplies Fire 1,274 Conference/Training Fire 1,155 Employee Award Organizational Services 1,083 Operating Supplies Fitness Classes 975 Licenses, Taxes, Fees Pool Lessons 973 Repair & Maint. Supplies City Center - CAM 885 Tuition Reimbursement/School Police Sworn 862 Bank and Service Charges Prairie View Liquor Store 823 Operating Supplies Specialty Fitness Programs 789 Operating Supplies Community Center Admin 789 Operating Supplies Community Center Admin 780 Licenses, Taxes, Fees Arts 753 Computers IT Operating 744 Tuition Reimbursement/School Police Sworn 744 Tuition Reimbursement/School Police Sworn 701 Operating Supplies Street Maintenance 700 Dues & Subscriptions Housing and Community Service 697 Equipment Parts Fleet Operating 613 Licenses, Taxes, Fees Park Maintenance 602 Repair & Maint. Supplies Utility Operations - General 595 Tuition Reimbursement/School Police Sworn 588 Other Contracted Services Fire 577 Miscellaneous Volunteers 575 Conference/Training Engineering 571 Clothing & Uniforms Community Center Admin 549 Licenses, Taxes, Fees Fitness Classes 545 Software/Hardware Maint. IT Operating 523 Operating Supplies Public Safety Communications 516 Other Rentals Ice Show 495 Dues & Subscriptions Community Development Admin. 480 Dues & Subscriptions Communications 470 Conference/Training Assessing 450 Advertising Community Center Admin 443 Small Tools Fleet Operating 441 Safety Supplies Utility Operations - General 440 Operating Supplies Fire 419 Operating Supplies Fire 419 Equipment Parts Fleet Operating Amount Account Description Business Unit 407 Travel Expense Police Sworn 399 Tuition Reimbursement/School Police Sworn 390 Office Supplies Police Sworn 380 Clothing & Uniforms Fitness Admin. 359 Tuition Reimbursement/School Police Sworn 349 EMS Supplies Fire 345 Safety Supplies Utility Operations - General 329 Conference/Training Assessing 320 Conference/Training Pool Operations 318 Travel Expense Fire 318 Travel Expense Fire 318 Travel Expense Fire 318 Travel Expense Fire 315 Conference/Training Park Maintenance 300 Tuition Reimbursement/School Police Sworn 300 Other Contracted Services Liquor Store Delivery 274 Printing Police Sworn 269 Repair & Maint. Supplies Police (City Cost) 264 Miscellaneous City Council 256 Conference/Training Pool Operations 252 Clothing & Uniforms Assessing 250 Dues & Subscriptions City Council 250 Dues & Subscriptions Police Sworn 235 Miscellaneous City Council 225 Dues & Subscriptions Assessing 208 Canine Supplies Police Sworn 206 Employee Award Organizational Services 204 Miscellaneous Police Sworn 204 Miscellaneous Police Sworn 202 Software/Hardware Maint. IT Operating 202 Repair & Maint. Supplies Utility Operations - General 200 Operating Supplies Outdoor Center 195 Conference/Training Pool Operations 195 Tuition Reimbursement/School Police Sworn 194 Repair & Maint. Supplies Utility Operations - General 194 Printing Fitness Admin. 192 Tuition Reimbursement/School Fitness Classes 190 Dues & Subscriptions Police Sworn 190 Dues & Subscriptions Police Sworn 183 Video & Photo Supplies Community Center Admin 180 Capital Under $25,000 Summer Theatre 169 Dues & Subscriptions Community Development Admin. 162 Operating Supplies Theatre Initiative 161 Operating Supplies Fire 160 Conference/Training Pool Operations 160 Computers IT Operating 156 Operating Supplies Police Sworn 154 Small Tools Fleet Operating 151 Small Tools General Community Center 151 Computers IT Operating 150 Operating Supplies Skating Rinks/Warming Houses 150 Dues & Subscriptions Assessing 150 Tuition Reimbursement/School Police Sworn 150 Equipment Parts Fleet Operating 149 Training Supplies Police Sworn 145 Operating Supplies Police Sworn 142 Office Supplies Police Sworn Amount Account Description Business Unit 140 Operating Supplies Internal Events 134 Repair & Maint. Supplies Water Distribution 129 Equipment Parts Fleet Operating 129 Equipment Repair & Maint Senior Center Programs 128 Tuition Reimbursement/School Fitness Classes 127 Operating Supplies Fire 127 Clothing & Uniforms Assessing 127 Operating Supplies Outdoor Center 125 Training Fire 121 Operating Supplies Day Care 120 Operating Supplies Athletic Programs Admin 118 Operating Supplies Pool Operations 116 Equipment Repair & Maint Fitness Classes 116 Operating Supplies Pool Operations 111 Operating Supplies Pool Operations 111 Equipment Parts Fleet Operating 106 Operating Supplies Pool Lessons 105 Deposits General Fund 105 Dues & Subscriptions Assessing 105 Dues & Subscriptions Assessing 105 Dues & Subscriptions Assessing 105 Dues & Subscriptions Assessing 105 Dues & Subscriptions Assessing 105 Dues & Subscriptions Assessing 105 Dues & Subscriptions Assessing 105 Operating Supplies Skating Rinks/Warming Houses 103 Operating Supplies IT Operating 100 Operating Supplies Fire 100 Licenses, Taxes, Fees Fitness Classes 96 Conference/Training Pool Operations 96 Conference/Training Pool Operations 92 Operating Supplies Police Sworn 91 Operating Supplies Outdoor Center 87 Miscellaneous IT Operating 87 Equipment Repair & Maint Fire 83 Operating Supplies Police Sworn 83 Clothing & Uniforms Police Sworn 80 Conference/Training Street Maintenance 80 Small Tools General Community Center 77 Licenses, Taxes, Fees Park Maintenance 75 Dues & Subscriptions Stormwater Non-Capital 75 Tuition Reimbursement/School Police Sworn 72 Operating Supplies Pickleball (CC) 72 Office Supplies Utility Operations - General 70 Other Contracted Services Organizational Services 69 Training Supplies Fire 69 Operating Supplies Athletic Programs Admin 68 Operating Supplies Fire 68 Work In Progress Fleet Capital 68 Operating Supplies IT Operating 67 Small Tools Facilities Staff 67 Office Supplies Utility Operations - General 65 Dues & Subscriptions Stormwater Non-Capital 65 Computers IT Operating 65 Deposits General Fund 64 Employee Award Organizational Services 64 Operating Supplies Fire Amount Account Description Business Unit 64 Operating Supplies Pool Operations 60 Conference/Training Fleet Operating 60 Licenses, Taxes, Fees Facilities Staff 60 Small Tools Fleet Operating 60 Repair & Maint. Supplies Outdoor Center Facilities 59 Operating Supplies Pool Operations 58 Operating Supplies Pool Operations 58 Operating Supplies Police Sworn 57 Operating Supplies Outdoor Center 56 Equipment Parts Fleet Operating 56 Repair & Maint. Supplies City Hall (City Cost) 56 Equipment Parts Fleet Operating 55 Process Control Equipment IT Operating 53 Operating Supplies Arts Center 52 Fire Prevention Supplies Fire 51 Operating Supplies Skating Rinks/Warming Houses 50 Training Supplies Pool Operations 50 Deposits General Fund 50 Training Supplies Pool Operations 50 Advertising Recreation Admin 50 Operating Supplies Fitness Admin. 50 Small Tools Facilities Staff 49 Dues & Subscriptions Police Sworn 49 Operating Supplies Skating Rinks/Warming Houses 48 Operating Supplies Outdoor Center 48 Conference/Training Community Development Admin. 48 Computers IT Operating 48 Operating Supplies Outdoor Center 47 Operating Supplies Pool Operations 46 Operating Supplies Fire 46 Operating Supplies Pool Operations 45 Operating Supplies Senior Center Admin 45 Operating Supplies Community Center Admin 45 Operating Supplies Public Safety Communications 44 Safety Supplies Park Maintenance 43 Equipment Repair & Maint Senior Center Programs 43 Office Supplies Utility Operations - General 42 Operating Supplies Community Center Admin 41 Repair & Maint. Supplies Concessions 40 Operating Supplies Arts Center 40 Conference/Training Aquatics Admin. 40 Conference/Training Fitness Admin. 40 Operating Supplies Pool Operations 39 Repair & Maint. Supplies Water Treatment 37 Equipment Parts Fleet Operating 36 Repair & Maint. Supplies City Center - CAM 36 Conference/Training Prairie Village Liquor Store 36 Conference/Training Prairie Village Liquor Store 35 Conference/Training Economic Development 35 Conference/Training Human Resources 34 Canine Supplies Police Sworn 32 Merchandise for Resale Concessions 32 Operating Supplies Fitness Admin. 32 Tuition Reimbursement/School Fitness Classes 32 Tuition Reimbursement/School Fitness Classes 32 Operating Supplies Community Center Admin 31 Fire Prevention Supplies Fire Amount Account Description Business Unit 31 Office Supplies Police Sworn 31 Bank and Service Charges Customer Service 31 Operating Supplies Arts Center 30 Conference/Training Fitness Admin. 30 Training Fire 30 Licenses, Taxes, Fees Utility Operations - General 30 Operating Supplies Engineering 29 Operating Supplies Skating Rinks/Warming Houses 27 Operating Supplies Day Camp 26 Operating Supplies Pool Operations 25 Dues & Subscriptions Fire 25 Dues & Subscriptions Fire 25 Dues & Subscriptions Fire 25 Clothing & Uniforms Fleet Operating 25 Computers IT Operating 25 Other Contracted Services Organizational Services 25 Operating Supplies Skating Rinks/Warming Houses 24 Repair & Maint. Supplies General Community Center 23 Operating Supplies Pool Operations 23 Operating Supplies Skating Rinks/Warming Houses 23 Operating Supplies Police Sworn 22 Operating Supplies Senior Center Admin 22 Operating Supplies Fitness Admin. 20 Licenses, Taxes, Fees Street Maintenance 20 Operating Supplies Outdoor Center 20 Employee Award Organizational Services 20 Operating Supplies Skating Rinks/Warming Houses 20 Equipment Repair & Maint Public Safety Communications 19 Operating Supplies Arts Center 18 Safety Supplies Fitness Classes 17 Operating Supplies Community Center Admin 17 Operating Supplies Arts Center 17 Operating Supplies Outdoor Center 17 Operating Supplies Outdoor Center 17 Operating Supplies Police Sworn 16 Operating Supplies Housing and Community Service 16 Operating Supplies Outdoor Center 15 Dues & Subscriptions Communications 15 Operating Supplies Police Sworn 15 Operating Supplies Community Center Admin 15 Operating Supplies Arts Center 14 Miscellaneous Police Sworn 14 Clothing & Uniforms Volunteers 14 Repair & Maint. Supplies Water Treatment 14 Operating Supplies Pool Operations 14 Operating Supplies Wine Club/Events 12 Operating Supplies Fire 12 Training Supplies Police Sworn 11 Operating Supplies Fitness Center 11 Training Supplies Pool Operations 11 Operating Supplies Arts Center 11 Clothing & Uniforms Theatre Initiative 10 Licenses, Taxes, Fees Park Maintenance 10 Licenses, Taxes, Fees Park Maintenance 10 Office Supplies Police Sworn 10 Training Supplies Fire 9 Operating Supplies Youth Programs Admin Amount Account Description Business Unit 9 Operating Supplies Skating Rinks/Warming Houses 8 Dues & Subscriptions Police Sworn 7 Operating Supplies Arts Center 7 Operating Supplies Arts Center 7 Operating Supplies Police Sworn 6 Operating Supplies Arts Center 6 Office Supplies Police Sworn 5 Operating Supplies Pool Operations 4 Operating Supplies Police Sworn 3 Operating Supplies Arts Center 3 Operating Supplies Specialty Fitness Programs 0 Equipment Parts Fleet Operating -6 Operating Supplies Pool Operations -8 Equipment Repair & Maint Fitness Classes -10 Operating Supplies IT Operating -28 Operating Supplies Fitness Admin. -44 Operating Supplies Police Sworn -53 Computers IT Operating -252 Operating Supplies Police Sworn -500 Operating Supplies Community Center Admin 90,456 Report Total CITY COUNCIL AGENDA SECTION: Report of Parks and Recreation Director DATE: February 8, 2022 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Transfer of the Eden Prairie Cemetery from Eden Prairie Cemetery Association, Inc. to the City of Eden Prairie ITEM NO.: XIV.D.1. Requested Action Move to: Adopt Resolution approving the transfer of the Eden Prairie Cemetery from the Eden Prairie Cemetery Association, Inc. to the City of Eden Prairie Synopsis On November 13, 2021, 33 members of the Eden Prairie Cemetery Board met and unanimously passed a resolution authorizing the transfer of the land and operation of the cemetery to the City of Eden Prairie. City staff have reviewed policies, procedures, and past financial records and will present the findings to the city council for consideration of accepting the property and the future operation of the cemetery. Background According to information provided by the Eden Prairie Cemetery Association representatives, The Eden Prairie Cemetery, located at 8810 Eden Prairie Road was originally surveyed in May of 1864 by Wm. A Fuller and filed with R.R. Bryant, Register of Deeds, on February 9, 1865, and was known as Eden Prairie Cemetery until being filed in the office of the Hennepin County Property Recorder as Eden Prairie Cemetery Association, Inc. The Eden Prairie Cemetery Association, Inc. is a public cemetery corporation under the provisions of the Public Cemetery Association Code of the State of Minnesota at Minnesota Statutes Chapter $306.01 -.99 et. seq. The Articles of Incorporation of the Eden Prairie Cemetery Association were signed on January 4, 1967, and filed in the office of the Hennepin County Register of Deeds on January 13, 1967. The Cemetery Board through the law firm of Cousineau, Van Bergen, McNee and Malone provided documents to city staff which included; (1) information regarding the operational procedures utilized by the Eden Prairie Cemetery Association; (2) burial maps; (3) rules and regulations regarding grave monuments at the Eden Prairie Cemetery; (4) rules and regulations regarding grave adornments at the Eden Prairie Cemetery; (5) sale procedures for the Eden Prairie Cemetery; (6) contractor contact information; (7) a brief overview of the operations management software currently used by the Eden Prairie Cemetery Association in the day-to-day management of the Association and Cemetery; (8) History of EPCA Font; (9) Six years of financial information up to December 2021; (10) Survey Documents; (11) Occupant List 2017 to Present; (12) Copy of Certified Articles of Incorporation; and, (13) EPCA Meeting Minutes and Resolution Approving Transfer (November 13, 2021). In order to best understand and estimate operating financial performance, city finance and parks and recreation staff used past financial reports and the Pleasant Hill cemetery past performance Transfer of the Eden Prairie Cemetery from Eden Prairie Cemetery Association, Inc. to the City of Eden Prairie February 8, 2022 Page 2 as a benchmark. The accounting information provided from the Eden Prairie Cemetery Association using their accounting methodology shows one year of positive performance totaling $12,270 and three years of negative performance totaling $37,901. For future performance, staff has applied operating efficiencies such as snow removal, and contracted services that are able to be handled at less cost by city staff. Additionally, staff used accounting methods conforming to GAAP (Generally Accepted Accounting Principles) to conform with city methodology (no depreciation). Since it is the intent to have our cemeteries be self-sustaining, an analysis of past performance, current fund balances and projected performance is important. The current fund balance for Pleasant Hill Cemetery is $327,000. This is broken down by $119,030 in the Project Fund and $207,970 Perpetual Care Fund. The expected fund balance transfer from the Eden Prairie Cemetery is expected to be less than $30,000. City staff believes that future financial performance will show positive financial performance more often than a negative performance and that over time, the fund designed for longer-term projects will grow at a modest pace. For reference, the following are state statutes related to transferring a cemetery to a local government. 306.025 TRANSFER OF CEMETERY TO LOCAL GOVERNMENT UNIT. Subdivision 1.Acceptance. A public cemetery association owning a cemetery may transfer it to a statutory or home rule charter city, town, or county in which the cemetery is wholly or partly located, together with all the funds and property of the association, whether the funds are of a trust character or otherwise. The statutory or home rule charter city, town, or county in which the cemetery is wholly or partly located may accept a transfer of the cemetery and of its property and funds, and may continue to operate, maintain, manage, and conduct the cemetery, and to sell lots and provide for the burial of the dead in the cemetery. Funds received from the cemetery association upon transfer shall be administered by the statutory or home rule charter city, town, or county for the same purposes and upon the same trusts for which they were originally established. Subd. 2.Transfer, how made. To accomplish a transfer, the board of trustees of the cemetery association shall first adopt a resolution to that effect by a unanimous vote of the members of the board of trustees, after which the chair or president of the board of trustees and the secretary are authorized to execute the proper instruments to evidence the transfer. However, the transfer must first have been authorized by a majority vote of all the members of the association at a regular or special meeting called for that express purpose. Subd. 3.Local government unit to accept by resolution. Before the transfer is made, the governing body of the statutory or home rule charter city, town, or county in which the cemetery is wholly or partly located shall first adopt a resolution agreeing to accept the transfer of the property and funds of the association, and agree to continue to operate, maintain, manage, conduct, and control the cemetery, to sell lots in it, and to administer Transfer of the Eden Prairie Cemetery from Eden Prairie Cemetery Association, Inc. to the City of Eden Prairie February 8, 2022 Page 3 its funds for the same purposes and upon the same trusts for which they were originally established. Subd. 4.Trust fund for perpetual care. If a trust fund for the perpetual care of cemetery lots is transferred to a statutory or home rule charter city, town, or county under this section, then the fund must be preserved and kept and used and administered for the same purposes and upon the same trusts as if the transfer had not been made. Lots for which payment in full for perpetual care has been made to the cemetery association are entitled to receive perpetual care, and the statutory or home rule charter city, town, or county shall provide it. Subd. 5.Rights of lot owners. After transfer, lot owners are entitled to the same rights and privileges concerning their lots as if the transfer had not been made. Subd. 6.Maintenance. After the transfer has been made and accepted by the statutory or home rule charter city, town, or county, the governing body of the statutory or home rule charter city, town, or county shall operate, maintain, conduct, control, and manage the transferred cemetery. For that purpose it may appoint a committee of the governing body. Subd. 7.Rules. The governing body of the statutory or home rule charter city, town, or county may adopt rules and regulations to conduct, manage, maintain, and operate the cemetery, but the rules may not infringe upon the rights of persons who were lot owners at the time the transfer was made. The City Attorney has reviewed the documents provided along with applicable State Statutes and has concluded that it is appropriate for this transaction to occur. If the council elects to accept the transfer, city staff and the city attorney will move forward executing the transfer and merging operations with the intent of sole operation by city staff as of March 1st, 2022. The Parks, Recreation and Natural Resources Commission reviewed the concept of city ownership and operation at their February 7th meeting and recommends acceptance of the cemetery. Attachment Eden Prairie Cemetery. Inc. Transfer Document Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ A RESOLUTION APPROVING THE TRANSFER OF THE EDEN PRAIRIE CEMETERY FROM THE EDEN PRAIRIE CEMETERY ASSOCIATION, INC. TO THE CITY OF EDEN PRAIRIE WHEREAS, on November 13, 2021, 33 members of the Eden Prairie Cemetery Board met and unanimously passed a resolution authorizing the transfer of the land and operation of the cemetery to the City of Eden Prairie; and WHEREAS, City staff have examined the past financial performance and current policies and procedures of the cemetery operation; and WHEREAS, the City of Eden Prairie currently owns and operates the Pleasant Hill Cemetery; and WHEREAS, operating efficiencies and future protection of the land are enhanced through city ownership; and WHEREAS, the Parks, Recreation and Natural Resources Commission has reviewed this concept on several occasions and recommends the transfer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota to: authorize the acceptance of the Eden Prairie Cemetery to be transferred from the Eden Prairie Cemetery Association, Inc. to the City of Eden Prairie ADOPTED by the Eden Prairie City Council this 8th day of February, 2022. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Nicole Tingley, City Clerk