HomeMy WebLinkAboutCity Council - 03/15/2022
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MARCH 15, 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 Maggie Neuville, and Recorder Katie
O’Connor
Workshop - Heritage Rooms I and II (5:30)
I. SOUTHWEST LIGHT RAIL TRANSIT
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
III. ADJOURNMENT
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MARCH 15, 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 Maggie Neuville
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. ACCEPT DONATION FROM ELAINE SAMPSON FOR ART CENTER
EQUIPMENT (Resolution)
B. ACCEPT DONATION FROM EDEN PRAIRIE LIONS CLUB FOR
OUTDOOR CENTER EQUIPMENT (Resolution)
C. RECOGNITION OF READERS CHOICE AWARDS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 1, 2022
B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 1, 2022
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. JOHNSON RIDGE by Laketown Builders. Second Reading of Ordinance for
Planned Unit Development District Review with waivers and Zoning Change from
R1-22 to R1-9.5 on 2.1 acres (Ordinance for PUD District Review with waivers
and Zoning Change, Development Agreement)
CITY COUNCIL AGENDA
March 15, 2022
Page 2
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF ELLIE ADDITION
D. ADOPT RESOLUTION APPROVING FINAL PLAT OF JOHNSON RIDGE
E. DECLARE OBSOLETE EQUIPMENT AS SURPLUS
F. APPROVE PURCHASE OF REPLACEMENT RAD 57 MONITORING
DEVICES FROM MASIMO SYSTEMS
G. APPROVE PURCHASE OF SIX NEW LAPTOPS AND DOCKS FROM HP
INC FOR FIRE DEPARTMENT CHIEFS’ VEHICLES
H. ADOPT RESOLUTION ESTABLISHING PRECINCT BOUNDARIES AND
POLLING PLACES
I. APPROVE AGREEMENT WITH REPUBLIC SERVICES FOR DROP OFF
DAY EVENT MATERIAL DISPOSAL
J. APPROVE CONTRACT FOR 2022 CRACK SEALING TO ASPHALT
SURFACE TECHNOLOGIES CORPORATION
K. APPROVE AGREEMENT WITH BLUE WATER SCIENCE FOR 2022
WATER QUALITY MONITORING PROGRAM
L. AWARD CONTRACT FOR CSAH 61 LANDSCAPING TO CEDAR RIDGE
LANDSCAPING, INC.
M. APPROVE CHANGE ORDER FOR REGIONAL CENTER ROAD WATER
MAIN LINING PROJECT
N. APPROVE AGREEMENT FOR PURCHASING GOODS AND SERVICES
WITH RESPYRO FOR HOMETOWN CELEBRATION FIREWORKS
O. ADOPT RESOLUTION AUTHORIZING PREPARATION OF
FEASIBILITY REPORT FOR DELL ROAD IMPROVEMENTS
P. ACCEPT QUOTES AND AWARD CONTRACTS FOR EAB INFESTED
TREE REMOVALS
IX. PUBLIC HEARINGS / MEETINGS
A. SCHULMAN ADDITION by Tammy Schulman. First and Second Reading of
Ordinance for Zoning Change from Rural to R1-13.5 on 2.47 acres, Resolution for
Preliminary Plat of 2 lots on 2.47 acres (Ordinance for Zoning Change,
Ordinance Summary, Resolution for Preliminary Plat)
CITY COUNCIL AGENDA
March 15, 2022
Page 3
B. CHICK-FIL-A by Chick-Fil-A. Resolution for Planned Unit Development
Concept Review on 1.27 acres, First Reading of Ordinance for Planned Unit
Development District Review with waivers on 1.27 acres (Resolution for PUD
Concept Review, Ordinance for PUD District Review with waivers)
C. CUMMINS-PHIPPS GRILL HOUSE COA by City of Eden Prairie. Certificate
of Appropriateness for roof replacement.
D. REDEVELOPMENT PLAN MODIFICATION, ESTABLISHMENT OF TIF
DISTRICT, AND TIF PLAN FOR BLUE STEM NORTH
E. VACATION OF RIGHT-OF-WAY AND EASEMENTS FOR ELLIE
(Resolution)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF ORDINANCE AMENDING CITY CODE SECTION
5.76 RELATING TO MOBILE FOOD VENDORS AND 9.05 RELATING TO
FIRE CODE PERMITS
B. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER
13 TO ESTABLISH AFFORDABLE HOUSING TRUST FUND (AHTF)
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. City Manager Performance Review
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
CITY COUNCIL AGENDA
March 15, 2022
Page 4
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Elaine Sampson to Art Center
ITEM NO.:
IV.A.
Requested Action
Move to: Adopt the Resolution accepting the donation in the amount of $10,000 from Elaine Sampson to go towards Art Center equipment and programs. Synopsis
This donation from Elaine Sampson will go to the Art Center to purchase two new wheels and bats for ceramics. Background
In April of 2008, the City of Eden Prairie accepted the donation of a 5,400 square foot building to be used as an art center. With the City Council approval, it has become the largest single gift ever offered to the City of Eden Prairie. In May of 2009, the Art Center opened its doors to the public and has become a much needed and appreciated creative institution for the residents of Eden Prairie. Since 2009 the Art Center programs have grown every year. Beyond classes and summer camps, private lessons, open studio time, birthday parties, group outings, events and display artwork of local artists are offered.
The mission of the Eden Prairie Art Center is to enhance the quality of life and foster creativity in our community by providing access to the arts for people of all ages and abilities. Staff work to achieve this mission by offering exceptional programing and studio space in mediums ranging from painting, drawing, ceramics, fused glass, jewelry and more. There are classes for all ages, toddler to senior.
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 $10,000 from Elaine Sampson to be used for the Art Center is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of March 2022.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
March 15, 2022
DEPARTMENT / DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Eden Prairie Lions Club for Outdoor Center Equipment
ITEM NO.:
IV.B.
Requested Action
Move to: Adopt Resolution accepting the donation of $700 from Eden Prairie Lions Club
for Outdoor Center equipment. Synopsis
The Staring Lake Outdoor Center offers a wide range of classes, workshops, trips and activities
in the areas of outdoor recreation and environmental education. This donation will go towards purchasing items to support the fishing and canoeing programs. 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 $700 to be used for Staring Lake Outdoor Center equipment from the Eden Prairie Lions Club hereby recognized and accepted by the Eden Prairie City
Council.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of March, 2022.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentation
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Valerie Verley,
Parks and Recreation,
Community Center Manager
ITEM DESCRIPTION:
Presentation of Sun Current Reader’s Choice
Awards for the Best Recreational Center and
Best Water Park
ITEM NO.:
IV.C.
Requested Action
Receive Sun Current Reader’s Choice Awards for “Best Recreational Center” for the Eden
Prairie Community Center and “Best Water Park” for the Round Lake Splash Pad.
Synopsis
The Sun Current 2021 Reader’s Choice Award for “Best Recreational Center” have been
awarded to the Eden Prairie Community Center. This is the sixth year in a row that the
Community Center has received the recognition for “Best Recreational Center.” This is the
second year that Round Lake Splash Pad has been recognized for “Best Water Park.”
The Reader’s Choice award winners are selected during a six-week voting period by print and
online readers through a Reader’s Choice Survey. Organizations located within a regional
territory around Eden Prairie are among this year’s 2021 award winners in various categories.
We are honored to again have the Eden Prairie Community Center and Round Lake Splash Pad
recognized by our residents as high-quality community assets.
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MARCH 1, 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, Police Captain Chris
Wood, 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 Maggie Neuville, and
Recorder Katie O’Connor
Workshop - Heritage Rooms I and II (5:30)
I. DELL ROAD
Mayor Case stated this is one of the last roads to be built out in the City, but the topography
is challenging at this site. Ellis stated engineering staff have had a number of conversations
over the years with adjacent landowners about the project. The presentation will review the
work done thus far and some of the challenges of the project. Narayanan inquired why the
project is being considered. Ellis responded it is one of two gravel roads in Eden Prairie, the
other being Valley Drive. This is one of the major collector roadways. Part of the reason it
remains gravel is the Marshall Farm is still being utilized as farm, but some day it will be
developed and drive the need for this road to be improved. The City wants to be in the
position to build the road when the development happens. Decisions need to be made about
layout and cost.
Carter Schulze, Assistant City Engineer, presented an overview of the project. The project
history has been ongoing, and there have been multiple neighborhood meetings over the
years. The Eden Prairie Road connection was completed in 2020, as well as County State Aid
Highway 61 (CSAH61) improvements. The project is listed in the City’s Capital
Improvement Plan (CIP) estimated at $8.1 million. Some of the key components are the
alignment of the road, road grades upwards of 14.5 percent, creek crossing culvert
enhancement, trail plans, utilities, private property, and the development timeline.
Case inquired about the land built up on either side of the creek crossing. Rod Rue, City
Engineer, responded much of this was due to the road washing out over the years and the
addition of gravel.
City Council Workshop Minutes
March 1, 2022
Page 2
Schulze stated over the years many options have been considered. Staff have looked at
options of no project, a cul-de-sac, paving it to be safer with rural state aid and urban state
aid. The cul-de-sac option is a greater cost due to retaining wall costs. It would eliminate the
connection from the north to the south. Therefore, the classification as a state aid road would
go away. A state aid rural section has certain specifications and standards. The difference
between rural and urban state aid are the curb and gutter. Rural state aid could be problematic
because of the design speed requirements. With a 40 mile per hour (mph) road and a six
percent superelevation, the road would need to run through current properties. The City
would also be unlikely to get a variance without meeting those requirements. The road would
also need to be wider factoring in the drainage ditch. A state aid urban section, a consistent
design with the City’s collector streets, would be a 32 foot back-to-back section with an eight
foot trail along the side with curb and gutter. It would be a 30 mph design, utilizing the
existing corridor, with a trail on the west side. The only requirement in question with urban
state aid would be the 14 percent downhill grade for the bike and roadway.
Case inquired which part of Dell Road was recently rebuilt. Schulze replied the intersection
of Dell Road and CSAH61 grade was raised by the County.
Schulze stated the 2014 Bike and Pedestrian Plan recommends an on-street bicycle lane, but
there is not enough space on the road with the 32-foot section. With the other requirements
for the project, the preference is for a shared-used trail to the side. The Riley Creek Master
Plan shows some trails along the creek corridor, so this would be factored in with an
additional culvert. These trails would tie in with the Crestwood Terrace eight foot path and
the CSAH61 ten foot path.
Rue noted the City had to request a variance for state aid urban when rebuilding Eden Prairie
Road for exceeding the three percent maximum grade at ten percent grade. One of the
requirements for the trail variance was to add a flat rest area to the side of the trial about
every 500 feet.
Schulze stated in 2021 there were about 500 vehicles per day, one direction, on average
utilizing the road. In 2020 the traffic study for Eden Prairie Road projected about 1,065
vehicles per day both directions. They are both 30 mph speed limits, collector roads, and
have similar adjacent development potential. In regard to funding, CIP funds would be
utilized for design and construction cost. The urban state aid option is what staff recommend.
There would be special assessments for this project, but it would not cover all of the cost.
Utility funds would cover the cost of the utility requirements. Ellis added if we lose the state
aid funding opportunity, the franchise fee and pavement management fund would need to
cover the cost and it would be catastrophic to the pavement management program.
Schulze stated the Dell Road project has 15 parcels and 15 plus units. For comparison, the
Eden Prairie Road project had 9 parcels with 13 units. Case inquired how many units are
City Council Workshop Minutes
March 1, 2022
Page 3
within the Marshall parcel. Schulze responded Marshall Farm is 30 acres. Nelson inquired if
the road across from Marshall Farm has curb and gutter. Schulze replied yes.
Schulze stated the Eden Prairie Road project was roughly $16,000 per unit. Case inquired if
neighborhoods served by the road would also be assessed. Ellis responded yes. Case noted
for first-time road developments property owners are always assessed. Ellis added Staff
intend to assess similarly to the way Eden Prairie Road assessments were done in terms of
fairness and equity.
Schulze stated there have been multiple neighborhood meetings, most recently a meeting last
year. The main focus has been urban alignment following the existing corridor. Staff has
received mixed feedback. The City is working to create a road design that works best for the
neighborhood and the City. Another detail to consider is the area is not currently served by
sewer and water. It presents challenges as it is below the existing sanitary sewer, so it would
require lift stations. Public lift stations require a lot of capital cost and ongoing maintenance.
The other option is residents have a private lift station and they pump their own water to the
nearest connection. When the Meadowcroft neighborhood was developed they put a culvert
across riley creek. The culvert is failing and would likely be included in this project and
assessed back to the property owners if they approve of the work. This project would be
tying into the intersection at Turnbull Road with no large-scale plans to build out the road.
Case inquired if there are sewer and water connections to Turnbull Road. Schulze replied no.
Rue stated the sewer connection would need to come from the east. It is limited on how far
the gravity can go. The western portion would require a lift station or private grinder pumps.
Freiberg inquired about the cost of private grinder pumps. Rue replied about $10,000 to
$15,000. Case inquired if they would be permitted to stay on septic systems. Rue responded
if sewer and water was brought into the area, they would be required to connect at some
point. They could delay payment for five years with no interest. Residents would pay for the
lift station and improvements up to the assessment cap. Ellis stated public lift stations are
more substantial and cost about $600,000 to $1 million. The street project could be
completed and come in at a later date to do the water and sewer without tearing up the street.
Case inquired about the timeline. Rue stated the development of the Marshall Farm property
would be the catalyst for this project. Case inquired if the property would develop, and the
road would remain as is. Ellis replied dust is a large issue as well as environment issues with
the street continually washing away into the creek. Narayanan inquired about the next step.
Schulze replied a feasibility study. Toomey inquired about the funding. Rue responded the
funding comes from the City’s State Aid annual allotment. Case inquired if the project would
happen before the development of Marshall Farm. Ellis stated Mabel Marshall’s house would
need to be purchased, and the City has been unwilling to purchase.
City Council Workshop Minutes
March 1, 2022
Page 4
Getschow noted there is a statutory process for road project assessments. Passing a resolution
to order feasibility report is the first step, then adopting a resolution accepting the report and
ordering the improvement, holding a public hearing on the improvement, and later holding a
public hearing on assessments. Narayanan inquired about the cost compared to Eden Prairie
Road. Rue responded this will probably be the most expensive corridor the City has built.
Case inquired if it will be acceptable to do a culvert versus a bridge. Ellis stated a culvert
should suffice since it is a creek rather than a lake.
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
A. ALLINA HEALTH – NEW EDEN PRAIRIE CLINIC
William Katsiyiannis, MD, shared a presentation about the new Allina Health Eden
Prairie Clinic. Eden Prairie is currently underserved and to his knowledge does not
have a practicing cardiologist. They began looking at opportunities to come to the city
seven years ago. They would like to provide better care to more people at a better
value. They have been recognized nationally as the twentieth best cardiology practice
in the world this year. They are working to change the experience and compress the
timeline for patients.
Case stated the Council is excited to have MD Katsiyiannis in Eden Prairie and
welcomes the Allina Health Eden Prairie Clinic.
B. STEVE WAGNER, MICHAEL KARAS, DR. HARRY FERNANDEZ –
CREEKWOOD PARK
Michael Karas, 9301 Wilderness Cove, stated there are issues, especially on the
weekends, with noise levels at Creekwood Park from kids in the summertime at night.
There has been very loud music with inappropriate language. This has increasingly
become an issue in the last few years. It has been suggested to call the police, and he
feels that isn’t the best use of police time. He has called the police a few times. A few
years ago, some of the large trees were removed which has made the noise easier to
hear. It makes their back yard less enjoyable.
Case responded he would like to have a meeting with neighbors in the area in April. It
would be more ideal to meet at the park on a summer evening. He wants to hear what
neighbors are experiencing and to have a conversation with Staff about what they
have been doing and what can be done.
Steve Wagner, 9325 Wilderness Cove, reiterated his concerns from when he spoke to
Council in January. He emailed suggestions to the Council and was told he would
hear from the Mayor.
City Council Workshop Minutes
March 1, 2022
Page 5
Case responded he likes the ideas and would like to get ideas from both Staff and the
neighbors. He would like to get examples from what is being done at other parks. He
was under the impression that they would arrange a meeting closer to the summer to
discuss the park.
Wagner stated his concerns have been dismissed. Wagner asks for the ideas to be
implemented.
Case replied he understands his perception. He suggests they meet in late March.
III. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MARCH 1, 2022 7:00 PM, CITY CENTER
CITY COUNCIL Mayor Ron Case, Council Members Mark
Freiberg, PG Narayanan, Kathy Nelson, and Lisa
Toomey
CITY STAFF City Manager Rick Getschow, Public Works
Director Robert Ellis, Parks and Recreation
Director Jay Lotthammer, Community
Development Director Julie Klima, Police Chief
Matt Sackett, Fire Chief Scott Gerber, and City
Attorney Maggie Neuville
I. CALL THE MEETING TO ORDER
Mayor Case called the meeting to order at 7:00 PM. All Council Members were
present.
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. HENNEPIN COUNTY ATTORNEY MIKE FREEMAN
Case introduced Hennepin County Attorney Mike Freeman. Mr. Freeman
noted he recently attended a meeting with Eden Prairie personnel regarding
violent juvenile carjackings. He explained the plan to address the issue is
called HEALS 2.0.
Mr. Freeman stated in 1997 a group of business, faith, and law enforcement
leaders organized to address the record number of homicides in the Philips
neighborhood. They created a group called Minnesota HEALS: Hope,
Education, Law, and Safety. The partnership helped to reduce the number of
homicides from 26 to 6 over a period of five years.
Mr. Freeman explained they now have far too many violent juvenile
carjackings. HEALS 2.0 has a direct focus on violent carjackings. A car theft
is when someone steals a car that may already be running and is a crime of
opportunity. A carjacking is usually a second degree robbery or assault where
a car is stolen directly from another person. There was a carjacking recently at
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March 1, 2022
Page 2
the Edina Lunds & Byerly’s where kids threatened community members with
weapons. Mr. Freeman stated the two individuals have been arrested and are
going through the juvenile legal system.
Mr. Freeman explained he recently held the first meeting of HEALS 2.0 which
included many community leaders and law enforcement professionals. From
the meeting, they were able to strike a partnership with the United States
Attorney’s Office, and they have charged two significant adult carjacking
criminals. He noted the County tends to handle the juvenile cases as they are
more equipped for it.
Mr. Freeman pointed out the charging rate for carjacking rates within his office
is 85 percent, which is a pretty high charging rate. The problem is they don’t
get a lot of cases into their office. It is very difficult to put together cases due
to the nature of the crime. Only about 30 percent of carjacking offenses are
submitted to the County Attorney’s Office.
Mr. Freeman stated an 18-year-old and a 19-year-old were recently charged by
his office. The news has recently shown that carjacking is a type of game for
people. However, it is not a game to the victim or to those working in
prosecution and law enforcement.
Mr. Freeman stated HEALS 2.0 is trying to use a wide range of community
members to address juvenile carjackings because the response to juvenile
crime is unique. They need a place to take violent youth off the street without
training them to be criminals.
Mr. Freeman noted it is helpful for the youth to be employed because that
teaches responsibility and gives them purpose. HEALS 2.0 is starting an
initiative to get youth into jobs. He named a number of current initiatives
addressing juvenile crime and prevention. Mr. Freeman offered to answer any
questions.
Case asked if they have a sense on which neighborhoods the majority of the
juvenile offenders come from. Mr. Freeman stated carjackings are unique
because they occur everywhere.
Case noted he was asking about where the youth are from. Mr. Freeman stated
carjackings occur everywhere, so they can’t tell where the youth are from. The
purpose of the jobs initiative is to redirect first time offenders into mentoring.
The Hennepin County Attorney’s Office is mapping all of the carjackings
which will reveal more information.
Case asked why certain neighborhood blocks or parents aren’t represented on
the HEALS 2.0 group. He noted there is a parenting perspective and a poverty
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March 1, 2022
Page 3
perspective to consider, not to mention the decrease in community
programming due to COVID-19.
Mr. Freeman stated HEALS 2.0 is a good idea, and they have the energy of the
faith community with the resources of the business community. They want to
keep the size of the group appropriate to make an impact. They won’t stop
crime by incarcerating everyone. Violence Interrupters can be helpful at times
as well.
Case thanked Mr. Freeman for his time.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case noted he and Narayana had additions to the agenda.
MOTION: Toomey moved, seconded by Nelson, to approve the agenda as amended.
Motion carried 5-0.
VI. MINUTES
B. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 8, 2022
C. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 8, 2022
MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes
of the Council workshop held Tuesday, February 8, 2022, and the City Council
meeting held Tuesday, February 8, 2022, as published. Motion carried 5-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
D. NOR-SON EDEN PRAIRIE OFFICE by Nor-Son, Inc. Approve second
reading of an Ordinance for Planned Unit Development District Review with
waivers on 1.66 acres, Adopt a Resolution for Site Plan Review on 1.66 acres
(Ordinance No. 5-2022-PUD-2-2022 for PUD District Review with waivers,
Resolution No. 2022-35 for Site Plan Review, Development Agreement)
E. THE ELLIE by United Properties. Approve second reading of an Ordinance
for Planned Unit Development District Review with waivers and a Zoning
Change from R1-22 and I-2 to RM-2.5 on 6.4 acres, Adopt a Resolution for
Site Plan Review on 6.4 acres (Ordinance No. 6-2022-PUD-3-2022-for PUD
District Review with waivers and Zoning Change, Resolution No. 2022-36
for Site Plan Review, Resolution No. 2022-37 for Development Agreement)
F. ADOPT RESOLUTION NO. 2022-38 MODIFYING REDEVELOPMENT
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March 1, 2022
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PROJECT AREA NO. 5, ESTABLISHING TIF DISTRICT NO. 25, AND
ADOPTING TIF PLAN FOR THE ELLIE
G. APPROVE CONTRACT WITH LAW ENFORCEMENT LABOR
SERVICES, INC. FOR EDEN PRAIRIE POLICE SERGEANTS
(Resolution No. 2022-39)
H. APPROVE STANDARD AGREEMENT FOR PURCHASE OF PLAY
STRUCTURES FROM NORTHLAND RECREATION, LLC. FOR
PRAIRIE EAST AND WYNDHAM KNOLL PARKS
I. APPROVE PROPOSED FEES FOR EDEN PRAIRIE CEMETERY
(Resolution No. 2022-40)
J. AWARD CONTRACT FOR 2022 CONCRETE SUPPLY TO AVR, INC.
K. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR
PAVEMENT EVALUATION SERVICES FROM GOODPOINTE
TECHNOLOGY
L. AWARD CONTRACT TO MILBANK WINWATER CO. FOR
SUPPLYING HOSE BIB VACUUM BREAKERS FOR THE
RESIDENTIAL WATER METER CHANGE-OUT PROJECT
M. APPROVE COOPERATIVE AGREEMENT WITH THREE RIVERS
PARK DISTRICT FOR BRIDGE REPAINTING AND RAILING
PROJECT
MOTION: Toomey moved, seconded by Freiberg, to approve Items A-J on
the Consent Calendar. Motion carried 5-0.
IX. PUBLIC HEARINGS / MEETINGS
A. BLUE STEM NORTH by Greco Properties, LLC Adopt a Resolution for
Comprehensive Guide Plan Change from TOD to Parks and Open Space on
11.17 acres, Adopt Resolution for Planning Unit Development Concept
Review on 15.28 acres, Approve First Reading of an Ordinance for Planned
Unit Development District Review with waivers on 15.28 acres and Zoning
Change from OFC to TOD-R on 5.78 acres and OFC to P/OS on 11.17 acres,
Adopt Resolution for Preliminary Plat of 2 lots and 2 outlots on 16.96 acres
(Resolution No. 2022-41 for Comprehensive Guide Plan Change,
Resolution No. 2022-42 for PUD Concept Review, Ordinance for District
Review with Zoning Change, Resolution No. 2022-43 for Preliminary Plat)
Getschow stated the applicant is requesting approval to construct a 237-unit
apartment building and a 188-unit apartment building at 6901 Flying Cloud
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Drive. The property is located at the corner of West 70th Street and Flying
Cloud Drive just west of the Golden Triangle Light Rail Transit Station.
Getschow noted Building 1, on the north side of the property, is four and five
stories, and Building 2, located just south of Building 1 is four, five, and six
stories. The buildings contain 1-bedroom, 2-bedroom, and 3-bedroom units.
Both buildings are designed with a portion of the first floor including
amenities. There is also a parking level below the first floor. The overall
density of the project is 73 units per acre.
Josh Branstad, President of Greco Properties LLC, explained their business is
based in Minneapolis. He added there are other representatives from the
development team present at the meeting such as Eagle Ridge Partners, BKV
Group, and Westwood. Greco is in its twentieth year and is locally owned and
managed.
Mr. Branstad stated there has been a tremendous amount of work put into the
project. He showed an aerial view of the site. The surrounding uses are
primarily light industrial along with one faith organization. The site will be
connected to the light rail and have a high level of connectivity to Eden Prairie
bike trails.
Mr. Branstad noted the site is currently vacant. It is about a 15-acre site, but
only six acres are able to be developed due to environmental constraints. The
site was initially approved for a large office building and a surface parking lot.
The project commenced in 2008, but it was shut down due to the economic
downturn.
Mr. Branstad stated the proposal is a two-phase redevelopment. The north
section would be the first phase with the south portion in the second phase.
They are proposing roughly 400 units with a variety of housing options and
wetland features.
Mr. Branstad showed the proposed site plan and then a slide with more details
of units included in each phase of the project. The first phase would be 237
units and the second phase would be 188 units. Mr. Branstad added there will
be a mix of bedroom and unit sizes and 25 percent of the units will be
affordable.
Mr. Branstad showed a prospective view of the site from the light rail stop. He
noted the buildings have a variety of levels and allow for pedestrian
walkability. There is a substantial amount of landscaping, planting beds, and
green roofs. A key element for the site is a connection to nature.
CITY COUNCIL MINUTES
March 1, 2022
Page 6
Mr. Branstad stated there will be primarily underground parking and a large
amount of amenities, both interior and exterior, in both the north and south
buildings. He showed a slide with a list of sustainability measures included in
the site.
Mike Krych, Managing Partner of BKV Group, showed another prospective
view of the site highlighting the wetlands. Almost every resident has access to
courtyards or views of the wetlands. He noted the varying height of the
buildings and pointed out the yellow color of the buildings was representative
of the reeds in the wetland area.
Mr. Krych added the team has tried to create a high amount of architectural
character within the site. Mr. Krych showed a slide depicting the proposed
materials and the nature-based inspiration for the colors.
Toomey noted the packet stated there would be parking both underground and
on the first floor of the building to meet the required number of parking spots.
She asked how they plan to address the issues of noise and air filtration.
Mr. Branstad stated similar parking plans have been implemented in many
recent buildings of theirs. There will be circulation components within the
parking airspace, and any Code-based noise requirements would be met.
Toomey asked if there were any issues with parking in the past. Mr. Branstad
stated the noisiest area is near the garage doors, but they have ways to
counteract the reverberations. The garage doors would have more impact on
the units above it rather than those on the same level.
Toomey asked if there are any special materials in the buildings to counteract
the noise of neighboring highways and light rails. Mr. Branstad stated they
completed a similar project much closer to a light rail in South Minneapolis.
At that site, they have not had any issues. Similarly, they developed a building
near a 94 ramp. He noted Greco uses a quality window to address any noise
concerns.
Freiberg asked about the mixture of the units in the first building. Mr.
Branstad stated roughly 65 percent of the building would be studio and one-
bedroom units.
Freiberg asked how many units would have three bedrooms. Mr. Branstad
stated there are 20 three-bedroom units in the first building with more in the
second building.
Freiberg asked if the second building was a similar mixture of units. Mr.
Branstad confirmed the second building was a similar mixture of units.
CITY COUNCIL MINUTES
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Page 7
Narayanan stated the buildings and the site are beautiful. He thanked Mr.
Branstad for building apartments in Eden Prairie and for including the electric
vehicle charging stations. Narayanan noted his appreciation of the
sustainability and affordability aspects.
Narayanan asked if the developers have to remove many trees. Mr. Branstad
stated they are required to replace about 400 caliper inches of trees, but they
plan to exceed that with 500 caliper inches of trees. He noted Greco likes to
bring in oversized trees in comparison to other developers.
Narayanan stated the roof seems empty. He asked if there are any plans for the
roof. Mr. Branstad stated the top floor of each building has one less unit to
create a lounge with views over the wetlands. However, providing amenities
on the roof level is not cost effective.
Narayan asked how many units are in the development. Mr. Branstad stated
they are planning to have 425 units. Narayanan asked if they have considered
incorporating a restaurant or convenience store. Mr. Branstad stated they
considered incorporating retail, but there wouldn’t be enough sales to support
it.
Narayanan asked if Mr. Branstad had concerns about vibrations from the light
rail. Mr. Branstad stated there is a large enough separation to avoid vibration
concerns.
Case asked where guest parking spots would be. Mr. Branstad stated the first
phase would include guest parking within a portion of the interior parking as
well as outdoor parking.
Case asked how many guest parking spots would be in the first phase. Mr.
Branstad stated there would be 12 exterior spots and 20 to 30 interior spots for
guests. At a similar building, they provided parking spot at a ratio of 0.98
spots per bedroom. However, the parking spots are being used at a 0.92 ratio.
Jeff Young, 17199 Acorn Ridge, asked how the wetlands would impact
mosquitos, algae, and other natural elements. Ellis stated there is a mosquito
control district. They go around Hennepin County and provide treatment for
mosquito control.
Case added the wetlands are natural. Ellis stated there is a stormwater
treatment project included in the site plan to avoid flooding and treat the
stormwater.
MOTION: Nelson moved, seconded by Narayanan, to close the Public
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March 1, 2022
Page 8
Hearing. Motion carried 5-0.
Nelson noted there are a good amount of affordable units. She asked what
percentage of the two-bedroom and three-bedroom units will be affordable.
Mr. Branstad clarified there are 21 three-bedroom units in the first phase and
19 three-bedroom units in the second phase. As for the affordability, the
affordable units will be split proportionately throughout the various bedroom
sizes of units.
Nelson stated she appreciates the natural components of the development
including bushes and perennials. She added she likes the looks of the
development. She asked when the second phase is planned for. Mr. Branstad
stated they would like to break ground on the first project in August 2022 and
begin the second project in February 2023. The original approach was based
on when a certain amount of units were rented.
Freiberg asked if the distribution of bedroom units could change. Mr. Branstad
confirmed the distribution of bedrooms and affordability levels will be within
the development agreement.
Narayanan asked why Greco wants to develop in Eden Prairie. Mr. Branstad
stated the demographics for rental works really well in Eden Prairie. Also,
there are excellent local amenities in the community, and the proposed site has
a high level of connectivity to nature and the light rail. Furthermore, Eden
Prairie takes a high level of care for their City.
Narayanan stated a lot of people are working from home. He asked if the site
is prewiring broadband connectivity to the apartment. Mr. Branstad confirmed
all buildings are fiber connected and each unit has a dedicated gigabyte, and
they don’t foresee need for anymore gigabytes than that.
Case stated the wetland on the site is protected. He asked if Staff knows which
project bought and mitigated the wetland. Klima stated she believes that was
done in 2007 or 2008 by the previous builders.
MOTION: Toomey moved, seconded by Narayanan, to adopt a Resolution
No. 2022-41 for a Guide Plan Change from TOD to Parks and Open Space on
11.17 acres, adopt a Resolution No. 2022-42 for a Planned Unit Development
Concept Review on 15.28 acres, approve the First Reading of an Ordinance for
a Planned Unit Development District Review with waivers on 15.28 acres and
a Zoning Change from Office to TOD-R on 5.79 acres and from Office to P/OS
on 11.17 acres, adopt a Resolution 2022-43 for a Preliminary Plat of 2 parcels
into 2 lots and 2 outlots on 16.96 acres, and direct Staff to prepare a
Development Agreement incorporating Staff and Commission
recommendations and Council conditions. Motion carried 5-0.
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Page 9
B. 2022 CDBG ACTION PLAN Adopt Resolution No. 2022-44 approving the
use of 2022 CDBG funds as recommended by the Eden Prairie Human
Services Review Committee.
Getschow stated each year the City receives funding through the Community
Development Block Grant (CDBG) through the office of Housing and Urban
Development. Eden Prairie’s 2022 CDBG allocation has not yet been
announced. However, the Human Services Review Committee used the
estimate of $300,000 in grant funding to make their funding recommendations.
Once the actual amount is received, the Housing Rehabilitation Program will
be increased or decreased accordingly.
Getschow stated Federal regulations stipulate that public service funding may
not exceed 15 percent of the City’s total allocation, plus 15 percent of the
previous year’s program income. $95,000 in prior year program income will
be used for 2022 activities which will bring the total funding amount to
$395,000.
Getschow noted any additional program income received will be used to cover
expenses generated in an existing CDBG Program or activity. The Human
Services Review Committee reviewed the 2022 CDBG proposals and
recommended the particular activities be funded.
Getschow stated as for public service activities, there were three programs
through PROP selected for funding to include housing support services,
emergency vehicle repair, and child care. Additionally, Household & Outside
Maintenance for the Elderly would receive some CDBG.
Getschow noted a large portion go the funds are used for housing programs
such as rehab funds, home rehab deferred loans grant, first time homebuyer
assistance, affordable housing through WHAHLT, and other similar programs.
The total allocation is approximately $395,000. It is unlikely they would have
to adjust the numbers.
Jennifer Loon, Executive Director of PROP, stated they are very thankful to be
partners with the City and be considered for another round of CDBG funds.
PROP is a food shelf, and they provide a number of financial services to those
in need. The biggest service in demand is housing assistance. The CDBG
housing funds PROP receives is very needed due to the demand.
Ms. Loon noted last year, the City provided $43,000 in CDBG to PROP. With
four months remaining on their fiscal year, they have already spent most of
their homelessness prevention funds. She added PROP also assists with
emergency car repairs.
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Page 10
Ms. Loon stated prior to the pandemic, they have found that two or three
months of assistance has been able to stabilize a family. COVID-19 has made
the need more intense, and families need closer to six months to get back on
their feet. Unfortunately, there is not enough funding available.
Ms. Loon added there was a funding program called MN Rent Help that ran
out of money and closed with only three days of notice. With that change,
there is even more dramatic need in the community. PROP serves families in
Eden Prairie and Chanhassen, but a majority of the housing funds are used in
Eden Prairie. Case thanked Ms. Loon and PROP for their efforts to serve Eden
Prairie.
Jon Burkhow, HOME Program Director with Senior Community Services,
stated their main office is in Minnetonka. He explained the program helps
seniors stay in their homes by providing home assistance such as repairs,
cleaning, and lawn mowing.
Mr. Burkhow noted COVID-19 was especially impactful on seniors as
remaining in their homes was the safest place to be. He thanked the Council
for the assistance they have provided throughout the pandemic.
Mr. Burkhow read a couple of comments from program participants to show
the impact of the program. He explained the relationships within the program
are extremely meaningful.
Mr. Burkhow stated a technology pilot was born out of COVID-19. It has seen
success, and they hope to implement the initiative into Eden Prairie in the
coming months. They will work with the Eden Prairie Community Center to
get the word out.
Mr. Burkhow added their team will be participating in the Polar Plunge in
Eden Prairie on March 12 and encouraged anyone listening to join their team.
Case thanked Mr. Burkhow and the program for their work.
Brenda Lano-Wolke, Executive Director of Homes Within Reach, stated they
are the community land trust program that operates within Eden Prairie. They
currently have 17 homes in Eden Prairie. In 2021, they added a home in Eden
Prairie that is serving a family that is currently at 54 percent area median
income.
Ms. Lano-Wolke stated the program allows families to choose a community to
live in where they could not normally afford to. The 2021 home went to a
single-parent household who left a bad relationship and has sole custody of two
children. The family looked for a home for a year and a half. The homes they
CITY COUNCIL MINUTES
March 1, 2022
Page 11
could afford needed entirely too much repair to reasonably live in it. The
realtor introduced the family to Homes Within Reach.
Ms. Lano-Wolke stated the home was a three-bedroom three-level split home
with one of the levels basically unfinished. Homes Within Reach leveraged the
$80,000 from Eden Prairie’s CDBG funds along with other funding sources to
put the funding into the home. They redid a radon mitigation system, replaced
rotting windows, and rotting soffits and fascia. Additionally, they finished the
basement and added a bathroom. The home will not need any funding for at
least ten years.
Ms. Lano-Wolke stated the homeowner sent a letter and some photos to Homes
Within Reach after moving in. Before living in the home, the mother and two
children were sharing one bedroom at a family member’s home because they
couldn’t find anywhere affordable to rent or own. The children laid on the
floor and cried when they learned they would each finally have their own
bedrooms.
MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No.
2022-44 approving the use of 2022 CDBG funds as recommended by the Eden
Prairie Human Services Review Committee. Motion carried 5-0.
X. PAYMENT OF CLAIMS
MOTION: Narayanan moved, seconded by Nelson, to approve the payment of
claims as submitted. Motion was approved on a roll call vote, with Freiberg,
Narayanan, Nelson, Toomey and Case voting “aye.”
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
A. 2022 COMMISSIONS
Getschow stated Commissioner terms are three years. They solicit applications
in January, interview the applicants in February, and make appointments in
March. He pointed out the Council itself interviews applicants, and they
interviewed around 30 applicants for 2020. There were more applicants than
positions, but they would like the interested parties to continue to be involved
in the City.
Case stated the Council enjoys the night of the interviews to meet the interested
parties. However, they do not enjoy that not everyone can be on a
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March 1, 2022
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Commission. He thanked the applicants for their interest and encouraged them
to continue involvement in Eden Prairie.
MOTION: Toomey moved to appoint to the Flying Cloud Airport Advisory
Commission – Marc Morhack to serve in a community seat with a term ending
March 31, 2025; Narayanan moved to appoint to the Heritage Preservation
Commission –Andy Ludowese and Andrew Scipioni with terms ending March
31, 2025; Case moved to appoint to the Human Rights and Diversity
Commission – Christine Kleckner with a term ending March 31, 2024; and
Babar Khan, Jody Knight, Shahram Missaghi, Brenda Pfahnl, Kuhu Singh, and
Philip Skeie with terms ending March 31, 2025; Nelson moved to appoint to
the Parks, Recreation & Natural Resources Commission – Keith Tschohl with
a term ending March 31, 2024; and Saratbabu Atluru, Deepa Bhujle, and Pedro
Curry with terms ending March 31, 2025; Freiberg moved to appoint to the
Planning Commission – Daniel Grote, John Kirk, and Frank Sherwood with
terms ending March 31, 2025; Toomey moved to appoint to the Sustainability
Commission – Carolyn Wieland with a term ending March 31, 2024; and
Laura Bishop, Tim Conners, and Gretchen Enninga with terms ending March
31, 2025. Seconded by Nelson. Motion carried 5-0.
B. 2022 COMMISSION CHAIRS & VICE CHAIRS
Getschow stated each year the Council votes for Chairs and Vice Chairs of the
City’s Commissions.
MOTION: Freiberg moved to appoint Dan Dorson Chair and Andrew
Kleinfehn Vice Chair of the Flying Cloud Airport Advisory Commission;
Nelson moved to appoint Rod Fisher Chair and Paul Thorp Vice Chair of the
Heritage Preservation Commission; Case moved to appoint Gregory Leeper
Chair and Shahram Missaghi Vice Chair of the Human Rights and Diversity
Commission; Narayanan moved to appoint Patrice Erickson Chair and Cecilia
Cervantes Vice Chair of the Parks, Recreation and Natural Resources
Commission; Toomey moved to appoint Andrew Pieper Chair and Ed Farr
Vice Chair of the Planning Commission; Freiberg moved to appoint Aaron
Poock Chair and Emily Eddy-Theis Vice Chair of the Sustainability
Commission. Seconded by Narayanan. Motion carried 5-0.
C. 2022 BOARD OF APPEAL AND EQUALIZATION
Getschow stated the specialized group meets only once or twice a year to hear
appeals for home value assessments. The appointees are typically real estate
professionals with experience in Eden Prairie. He noted the appointees have
served on the Board in the past.
MOTION: Nelson moved to appoint to the Board of Appeal and Equalization
CITY COUNCIL MINUTES
March 1, 2022
Page 13
Lyndon Moquist, Eileen Canakes, James Lawver, Nate Thompson and Kristin
Rial for the period of March 1, 2022 through May 31, 2022, or until the Board
of Appeal and Equalization completes its work. Seconded by Freiberg.
Motion carried 5-0.
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
1. Report from Council Member PG Narayanan
Narayanan stated he has spoken to Getschow regarding the war in
Ukraine. Narayanan explained he has received calls from Eden Prairie
residents requesting the ban of Russian goods. There is a call from
Edina and other neighboring cities to ban the sale of Russian goods.
Narayanan noted there are lives at risk in the war, and the City should
do everything they can to support every part of the world. Ultimately,
they need to object to the Russian power play. He noted there is no
action required for the item.
Case stated the City liquor stores have decided, apart from the City
Council, to voluntarily pull Russian products from the shelves in
support of Ukraine. He stated perception is important, and City Staff
supports the efforts across the City and the region in support of
Ukraine.
2. Report from Mayor Ron Case
Case stated Chris Wood has been promoted to Captain in the Eden
Prairie Police Department. Case stated they have an incredible Staff,
and the Council hears it regularly from community members. Case
read a list of names that have served the City and retired in recent
months along with their replacements. Case thanked them for their
service to the community.
3. Adopt Resolution No. 2022-45 Supporting Housing and Local
Decision-Making Authority
Getschow stated the Council has participated in a number of meetings
on the topic of housing and decision-making authority. The League of
Minnesota Cities and the Municipal Legislative Commission has
provided a draft resolution for cities to enact that support housing and
local decision-making authority. There have been multiple bills
introduced in the State legislature which can positively or negatively
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March 1, 2022
Page 14
affect those decision-making abilities. Many cities have passed the
resolution, and many more have the item on their agenda to be
addressed.
MOTION: Narayanan moved to adopt Resolution No. 2022-45
Supporting Housing and Local Decision-Making Authority. Seconded
by Freiberg. Motion carried 5-0.
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV.OTHER BUSINESS
A. CLOSED SESSION FOR THE CITY MANAGER PERFORMANCE
REVIEW
Case explained the City Council has one employee, the City Manager, who in
turn hires the people who do the work for the City. The Council reviews the
City Manager’s performance annually.
MOTION: Freiberg moved to enter into closed session for the purpose of
conducting the City Manager’s review. Seconded by Nelson. Motion carried
5-0. The Council entered into a closed session at 8:43 p.m.
XVI.ADJOURNMENT
Mayor Case adjourned the meeting at 9:30 pm with the consent of the other Council
Members.
Respectfully submitted,
_________________________
Nicole Tingley, City Clerk
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 15, 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
Temporary Liquor
Organization: The Preserve Association
Event: Preserve 50th Anniversary
Date: July 21-24, 2022
Place: Preserve Association Community Center & Pool Area
11221 Anderson Lakes Parkway
2021 Renewal Licenses
Private Kennel
Kimberly Donahue
18090 Evener Way
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 15, 2022
DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Sarah Strain
ITEM DESCRIPTION:
Johnson Ridge
ITEM NO.:
VIII.B.
Requested Action Move to:
• Approve the 2nd reading of the Ordinance for Planned Unit Development District Review with waivers and a Zoning District Change from R1-22 to R1-9.5 on 2.1 acres; and
• Approve the Development Agreement for Johnson Ridge. Synopsis
This is the final approval of the development agreement and plans for Johnson Ridge. The property is
located at 9995 Bennett Place. The applicant is proposing to develop the property into six (6) single-family lots. The applicant is requesting to rezone the property from R1-22 to R1-9.5. The property is surrounded by single-family development. The project is consistent with the Low-Density Residential guiding and density.
Background On September 7, 2021, the City Council approved the 1st reading of the Ordinance for the PUD with
waivers and a Zoning District Change for Johnson Ridge and directed staff to prepare a Development
Agreement. After the 1st Reading, there were some unforeseen issues with Xcel Energy that delayed the signature of the Development Agreement. These issues have been resolved. The 120-Day review period expires on March 18, 2022. Attachments 1. Ordinance – PUD District Review with waivers and Zoning District Change 2. Ordinance Summary 3. Development Agreement
JOHNSON RIDGE
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2022-PUD-_-2022
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-22 Zoning District and be placed in the R1-9.5 Zoning District.
Section 3. That action was duly initiated proposing that the designation of the land be amended within the R1-9.5 Zoning District as -2022-PUD-_-2022 (hereinafter "PUD-_-2022”). Section 4. The City Council hereby makes the following findings:
A. PUD-_-2022 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2022 is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2022 are justified by the design of the development described therein.
D. PUD-_-2022 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the R1-22 Zoning District and placed in the R1-9.5 Zoning District respectively as noted in Exhibit A and shall be included hereafter in the Planned Unit Development PUD-_-2022
and the legal descriptions of land in each district referred to in City Code Section 11.03,
subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of March 15, 2022 entered into between Laketown Builders,
LLC and the City of Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2022, and are hereby made a part hereof. Section 7. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 8. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of September, 2021, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of
March, 2022.
ATTEST:
__________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on March 24, 2022.
EXHIBIT A
Legal Description Prior to Final Plat:
Outlot A, BLOSSOM RIDGE, Hennepin County, Minnesota
And
Outlot C, MOORHEAD ADDITION, Hennepin County, Minnesota.
Abstract Property
Legal Description After to Final Plat:
Lots 1-6, Block 1, Johnson Ridge, Hennepin County, Minnesota And Outlot C, MOORHEAD ADDITION, Hennepin County, Minnesota.
JOHNSON RIDGE
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. -2022-PUD-_-2022
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows rezoning of land located at 9995 Bennett
Place from the R1-22 Zoning District to the R1-9.5 Zoning District and amends the designation of that land into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
___________________________ _____________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on March 24, 2022. (A full copy of the text of this Ordinance is available from City Clerk.)
Development Agreement – Johnson Ridge 1
DEVELOPMENT AGREEMENT
JOHNSON RIDGE
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of
__________, 2022, by Laketown Builders, LLC, a Minnesota limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”:
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 2.1 acres, Planned Unit Development District Review with waivers on 2.1 acres, Zoning District Change from R1-22 to R1-9.5 Zoning District on 2.1 acres, and Preliminary Plat
of 2.1 acres into six (6) lots (the “Applications”), for real property legally described on Exhibit A
(the “Property”); NOW, THEREFORE, in consideration of the City adopting Resolution No. __________ for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit
Development District Review and Zoning District Change from R1-22 to R1-9.5 on 2.1 acres, and
Resolution No. __________ for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer must develop the Property in conformance with the materials revised
and stamp dated September 2, 2021, and September 7, 2021, reviewed and approved by
the City Council on September 7, 2021, identified on Exhibit B (hereinafter the “Plans”),
Development Agreement – Johnson Ridge 2
subject to such changes and modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C. 3. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property and construction thereon or failure to
fulfill an obligation imposed upon the Developer pursuant to this Agreement, City will give
24 hours’ notice of such violation, or such longer period as determined by the City in its sole discretion given the nature of the violation, in order to allow a cure of such violation. The City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement will be determined solely and conclusively by the City Manager or his or her designee.
4. DEVELOPER’S RESPONSIBILITY FOR ITS CONTRACTORS: Developer will
release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors,
suppliers and agents. Developer will not be released from its responsibilities to release,
defend and indemnify because of any inspection, review, or approval by City. 5. DISCLOSURE OF INFORMATION REGARDING FLYING CLOUD AIRPORT: No lot may be sold or transferred to the first intended residential homeowner, nor an
agreement entered into to construct a home on any lot within the Property unless the
Developer or its successors or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot (whichever comes first), a disclosure statement in form and substance as attached as Exhibit E hereto regarding the Flying Cloud Airport. If the initial purchaser of a lot from the Developer is not the initial
intended homeowner of a residence to be constructed on the lot, Developer must require
by contractual obligation with its initial purchaser the delivery of the disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot (whichever comes first).
6. ELECTRIC VEHICLE CHARGING STATIONS: Developer has volunteered to furnish and install for each home all necessary circuit breakers, electrical wiring, and receptacles required to support one Level II electric vehicle charging station. This voluntary undertaking includes installing a 4-wire, 240-volt 40-amp circuit with NEMA
14-50 outlet receptacle from the main electrical panel to an outlet box on the front wall of
Development Agreement – Johnson Ridge 3
the garage adjacent to a vehicle parking stall. This paragraph 6 is not subject to the enforcement provisions contained in this Agreement.
7. FINAL PLAT: The final plat of the Property must be recorded with the Hennepin County Recorder and/or Registrar of Titles’ Office, as applicable, within 90 days of approval by the City Council or within 2 years of approval of the preliminary plat, whichever occurs first. If the final plat is not filed within the specified time, the City Council may, upon ten
days written notice to the Developer, consider a resolution revoking the approval.
8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading
and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer must submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan must include:
1. Wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations; 2. “Stormwater Facilities” as that term is defined in City Code Section 11.55, Subd. 2, including all stationary and permanent stormwater BMPs designed,
constructed and operated to prevent or reduce the discharge of pollutants in
stormwater as well as structures built to collect, convey or store stormwater (“Stormwater Facilities”); and 3. Any other items required with the land alteration permit application and/or by the City Engineer for release of the permit.
B. LAND ALTERATION PERMIT: Developer must submit the following with all land alteration, grading and/or filling permit applications as described below and in accordance with City Code:
1. Design calculations for storm water quality, rate, 100-year high water level
(HWL), and volume, together with a drainage area map; 2. Financial security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of the improvements to be made pursuant to the permit, in
a format approved by the City and as required by City Code Section 11.55,
Subd. 11 (the “Land Alteration Security”); 3. At the request of the City Engineer, a maintenance and monitoring plan must be submitted for all privately owned Stormwater Facilities to ensure they
continue to function as designed in perpetuity, pursuant to and in accordance
with City Code Section 11.55, Subd. 7 (“Maintenance and Monitoring Plan”).
Development Agreement – Johnson Ridge 4
The Maintenance and Monitoring Plan must include, at a minimum: a) The party(s) responsible for maintenance;
b) Access plans for inspections, monitoring and/or maintenance;
c) Planting plan (if applicable); d) Routine and non-routine inspection procedures; e) Frequency of inspections; f) Sweeping frequency for all parking and road surfaces (if applicable);
g) Plans for restoration or repairs (including reduced infiltration when
applicable); h) Performance standards; and i) Corrective actions that will be taken if the stormwater facility(s) does not meet performance specifications.
4. Erosion and sedimentation control plan; 5. Copy of the Stormwater Pollution Prevention Plan (“SWPPP”) if required by the Minnesota Pollution Control Agency Construction Stormwater Permit; and
6. Infiltration Practices: All proposed practices, measures and methods must be in accordance with the Minnesota Stormwater Manual. For land alteration permit applications for projects that incorporate infiltration practices as part of the Stormwater Facility, this includes but is not limited to:
a) Construction management practices that will be used to ensure the infiltration system(s) will be protected during construction and functional after completion of construction; b) Erosion control measures that will be used to delineate and protect the
infiltration system(s) during construction;
c) Proposed infiltration volumes in cubic feet and rates in inches per hour; d) Methods that will be used for field verification of infiltration for stormwater infiltration systems; e) Methods that will be used to assure that infiltration is restored, if needed;
f) Locations for material storage establishing that materials will not be
stockpiled or stored within the proposed infiltration area(s); g) Vehicular access and parking routes (must not be allowed within the infiltration area(s)); and h) Construction techniques that will be used to protect the infiltration
capacity by limiting soil compaction the greatest extent possible,
including use of erosion control fencing to delineate the infiltration area and use of low-impact earth moving equipment. C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION:
The Developer must employ the design professional who prepared the final grading
plan or a professional engineer (to be approved in writing by the City Engineer) to
Development Agreement – Johnson Ridge 5
complete the following:
1. Monitor the construction of Stormwater Facilities and temporary BMPs for
conformance to the approved final grading plan, the Minnesota Storm Water Manual, and the SWPPP. 2. Enter all inspection, monitoring, and maintenance activities and/or reports
regarding site construction and land alteration permit requirements into the
City’s web-based erosion and sediment control permit tracking program (currently PermiTrack ESC). Inspections must be conducted at least bi-weekly between April 1 and October 31 and after precipitation events exceeding 0.5 inches.
D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after acceptance of the public infrastructure as determined by the City Engineer. Repairs completed during this time must be done in accordance with
the land alteration permit and City Code Section 11.55, Subd. 7. Repairs to privately
owned and maintained Stormwater Facilities must be done in accordance with the Maintenance and Monitoring Plan. If the Stormwater Facilities are not functioning as designed at the end of the minimum 2-year period, the City Engineer may extend the Developer’s maintenance responsibility.
Once the minimum 2-year period has been reached or the City has determined that the Stormwater Facilities conform to the design criteria established in the land alteration permit and the SWPPP, whichever is longer, the then-current owner of the Property will be responsible for all future inspections and maintenance of the
Stormwater Facilities in accordance with City Code Section 11.55, Subd. 7. If there
is a drainage easement present over the Stormwater Facility(s), the easement holder will be responsible for inspections and maintenance. Pervious surfaces must be stabilized with seed and mulch or sod and all impervious
surfaces must be completed prior to final grading and planting of the stormwater
infiltration systems. E. LAND ALTERATION PERMIT FINANCIAL SECURITY: Prior to release of the Land Alteration Security, Developer must complete implementation of the
approved SWPPP. Any remaining Land Alteration Security must be released to the
person who deposited the Land Alteration Security upon determination by the City that the requirements of City Code Section 11.55 and the conditions of the land alteration permit have been satisfactorily performed.
9. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the
wooded areas on the Property, delineated on the Removals Plan included in the Exhibit B
Development Agreement – Johnson Ridge 6
Plans, Developer must submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the
issuance of any land alteration permit, Developer must place a construction fence on the
approved construction grading limits. Developer must notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer must maintain the construction limit fence until the City grants written approval to remove the fence.
Developer shall contact the City Forester prior to grading and tree removal to arrange for
the City Forester to be on-site during tree removal. 10. INTERIOR NOISE MITIGATION PLAN: Prior to issuance of each residential building permit for the Property, Developer must submit to the City Building Official, and obtain
the City Building Official’s written approval of plans that establish that each residence is
designed to meet the structural performance standards for residential interior sound levels described in the Metropolitan Council’s most current Transportation Policy Plan. 11. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary
approvals issued by other agencies for the project to the City Engineer. These submittals
are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include but are not necessarily limited to the following: the Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Riley-Purgatory Bluff Creek Watershed District, the Minnesota Department of Health, the
Minnesota Department of Transportation, Hennepin County, and the Metropolitan Airports
Commission. The City Planner may determine that conditions of approval required by the Riley-Purgatory Bluff Creek Watershed District require changes to the City approvals granted
with this Agreement which may entail additional City review, including public hearing(s)
for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review.
12. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the
Property boundary lines.
13. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the R1-9.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number):
A. Minimum Lot Depth– City Code requires a minimum lot depth of 100 feet in the
Development Agreement – Johnson Ridge 7
R1-9.5 zoning district. This waiver allows Lot 3 to have a lot depth of 91 feet. This depth is needed to accommodate the bulb of the cul-de-sac. The side lot lines are
both longer than 100 feet, but the small arc into the property for the bulb of the cul-
de-sac creates a depth of 91 feet at its shortest point.
B. Minimum Lot Width - City Code requires a minimum lot width of 70 feet at the street right-of-way and a minimum width of 55 feet for those lots entirely on the circular portion of the cul-de-sac. The three (3) lots on circular portion of the cul-
de-sac, Lots 4-6, do not meet the minimum lot width standards. This waiver allows
Lots 4-6 to have lot widths between 30 feet and 54 feet.
C. Maximum Street Grade – City Code, Chapter 12 requires a maximum street grade of 8%. This waiver allows a street grade of 9.11%. The steeper grade will create better driveway grades for the new lots and 9977 Bennett Place than a Code-
compliant alternative and will align better with the existing grades onsite.
14. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer must submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the
Property, and restoration of the Property.
Prior to such demolition or removal, Developer must provide to the City a deposit in the form of a cashier’s check in the amount of $1,000.00 to guarantee that Developer completes implementation of the approved plan. The City will return to Developer the $1,000.00
deposit at such time as the Chief Building Official has verified in writing that the Developer
has completed implementation of the approved plan. 15. RETAINING WALLS: Prior to issuance by the City of any permit for grading or building on the Property, Developer must obtain a building permit for retaining wall construction
from the City for any retaining walls greater than four feet in height. Retaining walls must
not be constructed in a drainage or utility easement area. The retaining wall plans submitted with the permit application must include details with respect to the height, type of materials, and method of construction to be used for the
retaining walls.
Developer must construct the private retaining walls in accordance with the terms of the permit and terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property.
The public retaining wall to be constructed within Outlot C, Moorhead Addition is to be constructed of a wet cast modular block gravity retaining wall system that is to be stained and sealed.
Development Agreement – Johnson Ridge 8
All maintenance and repair of all retaining walls on the Property with the exception of the public retaining wall within Outlot C, Moorhead Addition, are the responsibility of the
Developer, its successors and assigns.
16. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section 11.70, Developer must obtain a sign permit from the City. The application must include a complete description of the sign and a sketch showing the size, location, the manner of
construction, and other such information as necessary to inform the City of the kind, size,
material construction, and location of any such sign, in accordance with the requirements of City Code, Section 11.70, Subdivision 5. 17. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the
Property, an assessment agreement with the City, in the form and substance as attached in
Exhibit E, must be signed by the owner(s) of the Property for trunk sewer and water assessments on an assessable area of 2.10 acres in the amount of $19,063.67. 18. PUBLIC IMPROVEMENTS: Prior to issuance by the City of any permit for the
construction of public streets, sanitary sewer, water infrastructure, or storm sewer for the
Property (the “Public Improvements”), Developer must submit to the City Engineer, and obtain the City Engineer's written approval of plans for the Public Improvements. Plans must be of a plan view and profile on 24 x 36 plan sheets at 50 scale consistent with City standards. Prior to release of the final plat for the Property, Developer must furnish to the
City Engineer and receive the City Engineer’s written approval of financial security equal
to 125% of the cost of the Public Improvements. A fee of five percent (5%) of construction value must also be paid to City by Developer for engineering review services. The design engineer who prepared the plans must provide daily inspection of the Public Improvements, certify completion in conformance to approved plans and specifications, and provide
record drawings and testing results in accordance with the Process Requirements for
Design, Construction & Acceptance of Public Infrastructure policy. 19. TREE REPLACEMENT PLAN: Prior to the issuance of a land alteration permit, the Developer must submit to the City Planner and receive the City Planner’s written approval
of an executed Tree Replacement Agreement for the Property, which must be consistent
with the Exhibit B Tree Replacement Plan. The Tree Replacement Plan must be phased to include all common areas, and perimeter plantings in Phase One and individual lots in Phase Two as depicted in the Exhibit B Plans.
Trees in Phase One must be planted within 18 months of issuance of a land alteration permit
for the Property. Trees in Phase Two on individual lots must be planted within 18 months of issuance of a building permit for the subject lot, and must not be planted prior to the issuance of a building permit without written approval from the City Planner.
Prior to the issuance of a land alteration permit, Developer must also submit to the City
Planner and receive the City Planner’s written approval of two securities in the form of a
Development Agreement – Johnson Ridge 9
cash escrow or irrevocable letter of credit equal to 150% of the cost of the tree replacement work, including all proposed trees, to align with project phasing as depicted on the Tree
Replacement Plan. The security for Phase One may be held for the longer of one year or
two growing seasons after the installation of all plantings in Phase One and inspection by the City, consistent with the Tree Replacement Agreement. The security for Phase Two may be held for the longer of one year or two growing seasons after the installation of all plantings in Phase Town and inspection by the City, consistent with the Tree Replacement
Agreement. The security for Phase Two may be used to correct any damage to Phase One
plantings that may occur during Phase Two building construction after the release of Phase One security. The Tree Replacement Plan must be consistent with the quantity, type, and size of all plant
materials shown on the landscape plan on the Exhibit B Plans. The Tree Replacement Plan
must include replacement trees of a 2.5 inch diameter minimum size for shade trees and a 6-foot minimum height for conifer trees. Should actual tree loss exceed that calculated herein, Developer must provide tree replacement on a caliper inch per caliper inch basis for such excess loss.
The installation must conform to the approved Tree Replacement Plan including but not limited to the size, species, and location as depicted on the Exhibit B Plans. Any changes, including but not limited to removal, relocation, and species substitutes of similar size, shape, hardiness, sensitivity, etc. to the Tree Replacement Plan or plantings installed on
the Property must be reviewed and approved by the City prior to implementing such
changes. Developer must complete implementation of the approved Tree Replacement Plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of the Tree Replacement Agreement and Exhibit C of this Development Agreement. Any tree planted in Phase One that may be impacted by Phase Two building construction on the
lot on which it is located or on an adjacent lot must be protected through the duration of
Phase Two construction. 20. AIRPORT ZONING PERMIT: The property subject to this Development Agreement is located in Airport Safety Zone C. Prior to the issuance of a building permit, the Developer
shall submit to the City and received approval for an Airport Zoning Permit. Any future
exterior work to the buildings above the ground level shall require City review and determination if an Airport Zoning Permit is required. All work on the Property shall comply with FAA regulations.
21. TEMPORARY CONSTRUCTION EASEMENT: The City is the fee owner of Outlot
C, Moorhead Addition (“Outlot C”). Outlot C is benefitted by an appurtenant easement for construction and grading purposes over the south 28 feet of Lot 3, Block 1 (the “Lot 3 Easement Area”), as described in that certain Deed of Appurtenant Easement dated December 21, 1989 and filed with the Hennepin County Recorder on November 9, 1992,
as Document No. 5992211.
Development Agreement – Johnson Ridge 10
The retaining wall as shown on the Plans along with the proposed public sanitary sewer, watermain, storm sewer system and street within Outlot C (the “Outlot C Improvements”)
will be constructed by the Developer in conjunction with other Public Improvements as
described in paragraph 18 of this Agreement. The City will own and maintain the Outlot C Improvements upon completion of construction. The Developer will require the Existing Lot 3 Easement Area for construction and grading purposes.
The City hereby grants to Developer a temporary construction easement over Outlot C and
the Existing Lot 3 Easement Area for purposes of constructing the Outlot C Improvements in accordance with the Plans (“Temporary Construction Easement”). The Temporary Construction Easement will commence upon the City’s issuance of a land alteration permit and will expire upon the City’s acceptance of the Public Improvements, including the
Outlot C Improvements, as described in paragraph 18.
Developer agrees to indemnify and hold the City harmless from any and all claims, damages, costs and expenses of any kind, including reasonable attorney’s fees, arising out of or resulting from the use of the Temporary Construction Easement, Developer’s grading
or other work in Outlot C and the Lot 3 Easement Area at any time, or construction of the
Outlot C Improvements. 22. PERMANENT EASEMENT FOR RETAINING WALL: Prior to release of the final plat the Developer must obtain and submit for review and approval a permanent easement
in favor of the City over the portion of Lot 3, Block 1, Moorhead Addition that is required
for ongoing support, repair, and maintenance of the retaining wall to be constructed on Outlot C as shown on the Plans (the “Retaining Wall Easement”). The Retaining Wall Easement must be in form and substance attached hereto as Exhibit F. After such approval, Developer must file the Retaining Wall Easement with the Hennepin County Recorder or
Registrar of Titles as appropriate after the filing of the final plat and this Agreement but
prior to recording of any documents affecting the property including but not limited to any mortgage granted by the Developer or owns, its successors and/or assigns. 23. UTILITY EASEMENTS: Developer agrees that prior approval of the final plat for the
Property, Developer must dedicate drainage and utility easements to the City as follows: A. Encompassing the entirety of Basin #1 as shown on the plans. B. To the 100-year flood plain level of Basin #2 located on Lot 6, Block 1 of Johnson Ridge as shown on the plans.
Development Agreement – Johnson Ridge 11
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By___________________________
Ronald A. Case Its Mayor
By____________________________
Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________, 2022, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________ Notary Public
Development Agreement – Johnson Ridge 12
Laketown Builders, LLC By ________________________________
Its ________________________________
STATE OF MINNESOTA )
) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2022, by _______________________________________, the , of
Laketown Builders, a Minnesota limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY: CITY OF EDEN PRAIRIE
8080 MITCHELL ROAD
EDEN PRAIRIE, MN 55344
Development Agreement – Johnson Ridge 13
EXHIBIT A
JOHNSON RIDGE Development Agreement
Legal Description Before Final Plat Outlot A, Blossom Ridge, Hennepin County, Minnesota
And Outlot C, Moorhead Addition, Hennepin County, Minnesota Legal Description After Final Plat
Lots 1–6, Johnson Ridge, Hennepin County, Minnesota
And Outlot C, Moorhead Addition, Hennepin County, Minnesota
Development Agreement – Johnson Ridge 14
EXHIBIT B
DEVELOPMENT AGREEMENT – JOHNSON RIDGE
ALTA/NSPS Land Title Survey dated 12/26/2019 by Sathre-Bergquist, Inc. Phase 1 Environmental Site Assessment dated 06/04/2021 by Haugo GeoTechnical Services
Stormwater Management Plan dated 06/21/021 by Advanced Engineering and Environmental
Services, Inc. Limited Geotechnical Exploration Report, dated 06/18/2021 by Haugo GeoTechnical Services Preliminary Plat dated 12/26/2019 by Sathre-Bergquist, Inc. Johnson Ridge Development Narrative dated 05/08/2021 by Laketown Builders.
Title Sheet dated 08/19/2021 by Sathre-Bergquist, Inc
Existing Conditions dated 08/19/2021 by Sathre-Bergquist, Inc Street Plan dated 08/19/2021 by Sathre-Bergquist, Inc Sanitary Sewer & Watermain Plan dated 08/19/2021 by Sathre-Bergquist, Inc Storm Sewer Plan dated 08/19/2021 by Sathre-Bergquist, Inc
Grading Plan dated 08/19/2021 by Sathre-Bergquist, Inc
Erosion Control Plan dated 08/19/2021 by Sathre-Bergquist, Inc City Details dated 08/19/2021 by Sathre-Bergquist, Inc Landscape Plan dated 08/16/2021 by Sathre-Bergquist, Inc
Development Agreement – Johnson Ridge 15
EXHIBIT C
DEVELOPMENT AGREEMENT – JOHNSON RIDGE
I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on
each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer,
100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed
District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect
as of the date of the issuance of each building permit for construction on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide
Plan review approved in connection with this Agreement, thus restoring the status of the
Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except:
INSERT ANY NAME/COMPANY LISTED IN ANY OWNER’S SUPPLEMENT TO THE DEVELOPER’S AGREEMENT)
With respect to any interest in any portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance:
A. That Developer has marketable fee title free and clear of all mortgages, liens, and
other encumbrances. Prior to final plat approval, Developer shall provide to the
Development Agreement – Johnson Ridge 16
City a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of,
placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter
referred to as "Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances.
D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns,
against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited,
stored, disposed of, placed, or otherwise located or allowed to be located, in or on the
Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable
City ordinances affecting the development of the Property. Developer agrees to develop
the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’
street lighting on the public streets adjacent to the Property (including installation costs, if
any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant,
condition, or provision made herein, City may be without an adequate remedy at law.
Developer agrees, therefore, that in the event Developer violates, fails, or refuses to
Development Agreement – Johnson Ridge 17
perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits
or rescind or revoke any approvals granted by the City. No remedy conferred in this
agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy.
XII. Developer shall, prior to the commencement of any improvements, provide written notice
to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305.
XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid
to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department.
XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building, structure,
or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein
shall subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently
demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post.
XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record
Development Agreement – Johnson Ridge 18
the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted
to the City.
XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the
“Security”) is required if the Developer defaults with respect to any term or condition in
this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The
Developer acknowledges that the City does not assume any obligations or duties of the
Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon
five (5) business days notice to the Developer, for any violation of the terms of this
Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down
or make a claim against the Security as appropriate. If the Security is drawn down on or a
claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City in enforcing this Agreement.
XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a
license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision
of this Agreement inures to the benefit of any third person, including the public at large, so
as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto.
XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued
for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction
with the Applications. These costs include internal City administrative, planning and,
engineering costs and consulting costs, including but not limited to legal, engineering,
Development Agreement – Johnson Ridge 19
planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City.
Development Agreement – Johnson Ridge 20
EXHIBIT D
DEVELOPMENT AGREEMENT – JOHNSON RIDGE JOHNSON RIDGE DISCLOSURE OF INFORMATION
Developer shall cause the following notice to be given, either from Developer itself or Developer’s successors in interest to any portion of the Property, to all residential home purchasers of lots within the Property who intend to occupy a residence on such lot, prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property, whichever
occurs first: The Property is located near the Flying Cloud Airport, a public use airport owned and operated by the Metropolitan Airports Commission. The Airport is available 24 hours a day, year round.
The Airport operates two parallel east/west runways, and a north/south crosswind runway, all which are lighted. The Airport accommodates aircraft operations from single and multi-engine propeller aircraft; corporate jet aircraft; helicopters; and pilot training facilities; which may affect the Property.
Further information regarding the airport can be obtained from the Airport Manager, Telephone No,: 952-944-1035.
Development Agreement – Johnson Ridge 21
EXHIBIT E
DEVELOPMENT AGREEMENT – JOHNSON RIDGE
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS ____ day of ___________, 2022, between the City of Eden Prairie, a municipal corporation, (the "City") and Laketown Builders, LLC a Minnesota limited liability company (the "Owner"). A. The Owner holds legal and equitable title to property described as Outlot A, Blossom
Ridge, Hennepin County, Minnesota, which after replatting will be described as Lots 1–6, Johnson Ridge, Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's
trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage facilities and a water treatment plant (all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property.
AGREEMENTS IT IS HEREBY AGREED as follows:
1. The Owner consents to the levying of assessments against the Property in the amount of $19,063.67for the Improvements. 2. The City's assessment records for the Property will show the assessments as a "pending assessment" until levied.
3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to
be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments.
Development Agreement – Johnson Ridge 22
5. This Agreement shall be effective immediately.
6. This Agreement may not be terminated or amended except in writing executed by both parties hereto, provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected, without the necessity of further City Council approval, unilaterally prepare and provide to the owner for
recording a document releasing any property so levied from this Agreement.
7. This Agreement constitutes a lien on the Property in the amount of $19,063.67until such time as the assessments referred to above are levied.
Development Agreement – Johnson Ridge 23
OWNER CITY OF EDEN PRAIRIE
Laketown Builders, LLC A Minnesota Municipal Corporation
A Minnesota Limited Liability Corporation
By: NOT TO BE SIGNED By: NOT TO BE SIGNED
Ronald A. Case Its Mayor
By: NOT TO BE SIGNED Rick Getschow, Its City Manager
STATE OF MINNESOTA )
) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of __________,
2022, by Ronald A. Case, the Mayor, and Rick Getschow, the City Manager, of the City of Eden
Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of ___________, 2022, by the _____________________ of Laketown Builders, LLC, a Minnesota limited liability corporation, on behalf of the corporation.
Notary Public THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road Eden Prairie, MN 55344
Development Agreement – Johnson Ridge 24
EXHIBIT F
DEVELOPMENT AGREEMENT – JOHNSON RIDGE PERMANENT RETAINING WALL EASEMENT
Justin Moorhead and Maureen Moorhead, husband and wife (“Grantor”) hereby grants and conveys this _________ day of ______________, 2022 to the City of Eden Prairie, a municipal corporation organized under the laws of the State of Minnesota (“Grantee”) a permanent easement (“Easement”) for the following uses and purposes and subject to the following terms and
conditions on, over, under and across real property in the County of Hennepin, State of Minnesota
and described in Exhibit A and made a part hereof (“Easement Parcel”). 1. Uses and Purposes.
The Easement shall be for retaining wall support purposes. Grantor hereby conveys all
grasses, shrubs, trees and natural growth now existing on the easement hereby conveyed. Grantee will have the right to use and remove all earthen materials, structures, improvements and obstructions which lie within the boundaries of the easement described herein, including the right of clearing the easement area to allow for the use of the land as stated herein. The permanent
easement granted herein includes the right of the Grantee, its contractors, agents, and employees
to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement area a retaining wall that is or will be located on Grantee’s property legally described as Outlot C, Moorhead Addition.
The easement granted herein also includes the right to cut, trim, or remove from the easement area trees, shrubs, or other vegetation as in the Grantee’s judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns.
2. Nonexclusive. The Easement is nonexclusive; provided, however, this Easement will be prior to and superior to any other easement hereinafter granted. Any future easement will be subject to and subordinate to, and will not interfere with, the Easement without the consent, in writing, of
Grantee. 3. Duration of Easement. The Easement is perpetual, runs with the land, is binding upon Grantor and its successors
and assigns and is for the benefit of Grantee and its successors and assigns.
Development Agreement – Johnson Ridge 25
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid. GRANTOR:
JUSTIN MOORHEAD AND MAUREEN MOORHEAD
Justin Moorhead
Maureen Moorhead
STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of __________, 2022, by Justin Moorhead and Maureen Moorhead, husband and wife.
Notary Public
Development Agreement – Johnson Ridge 26
GRANTEE CITY OF EDEN PRAIRIE
By: ____________________________________ Ronald A. Case Mayor
By: _____________________________________ Rick Getschow City Manager
STATE OF MINNESOTA )
) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of __________, 2022, by Ronald A. Case and Rick Getschow, respectively the Mayor and City Manager of the City of Eden
Prairie, a Minnesota municipal corporation, on behalf of the City.
Notary Public
Drafted By: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Ave. S., Suite 1550
Minneapolis, MN 55401
Development Agreement – Johnson Ridge 27
EXHIBIT A
South 14.00 feet of Lot 3, Block 1, Moorhead Addition
Development Agreement – Johnson Ridge 28
CONSENT AND SUBORDINATION
The undersigned, owner of that certain Mortgage dated April 30, 2021 recorded in the Hennepin County Recorder’s Office on May 3, 2021 as Document No. 10948383, covering the Property described on Exhibit A attached hereto, for valuable consideration, does hereby consent
to and subordinate its interest in the Property to that certain Development Agreement dated
_____________, 2022, to which this Consent and Subordination is attached between Laketown Builders, LLC, a Minnesota limited liability company, and the City of Eden Prairie, a Minnesota municipal corporation.
Security Bank & Trust Co., a Minnesota
corporation
By:
Name: Its:
STATE OF MINNESOTA ) ) ss.
COUNTY OF ________________ )
The foregoing instrument was acknowledged before me this ____ day of ______________, 2022, by ________________________ the _________________________ of Security Bank &
Trust Co., a Minnesota banking corporation, on behalf of said corporation.
______________________________
Notary Public
Development Agreement – Johnson Ridge 29
EXHIBIT A Consent and Subordination
Outlot A, BLOSSOM RIDGE, Hennepin County, Minnesota.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Randy L. Slick
Public Works / Engineering
ITEM DESCRIPTION:
Final Plat Report of Ellie Addition
ITEM NO.:
VIII.C.
Requested Action
Move to: Adopt the resolution approving the final plat of Ellie Addition. This proposal is for a plat located on Lincoln Lane east of Eden Prairie Road. The plat consists of 6.4 acres to be platted into 1 lot and 1 outlot. The proposed project is the redevelopment of
seven single family homes and the vacation of Lincoln Lane public right of way. The proposal is
a 4-story, 239 unit mixed-income apartment building with underground parking. Background Information
The preliminary plat was approved by the City Council on December 7, 2021. Second reading of the Rezoning Ordinance and final approval of the Developer’s Agreement was approved by the City Council on March 1, 2022.
Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of $26,290.00
• Prior to release of the final plat, Developer must tender a Warranty Deed for proposed Outlot A.
• Prior to release of the final plat, Developer must pay the cash payment in lieu of the tree replacement. The cash payment is based on the entire required tree replacement of 795 caliper inches.
• Prior to release of the final plat, Developer must pay trunk sewer and water charges for
the property on the assessable area of 6.4 acres in the amount of $56,054.27.
• Prior to release of the final plat, Developer must provide an easement to Hennepin County for the signal pole and cabinet.
• Prior to release of the final plat, Developer must submit to the City Engineer Temporary Construction Easements from the affected adjacent property owners to conduct construction for the installation of the sanitary sewer service on Lot 2, Block 1 of Prairie Green Second Addition or other construction on adjacent affected properties, if necessary because the sanitary sewer installation is not within existing easements.
• Prior to release of the final plat, Developer must provide a Trail Easement to the City for review and approval.
• Revision to plat shall include the correct plat name on the dedication page.
• Prior to release of the final plat, Developer must provide financial security equal to 125%
of the cost of the public improvements.
• Prior to release of the final plat, Developer shall pay a fee of 5% of the construction value of the public improvements.
• Prior to release of the final plat, Developer shall submit a disk in AutoCAD format in
Hennepin County coordinates containing parcel and easement data.
• Prior to release of the final plat, Developer shall submit a 1” =200’ scale reduction of the final plat.
• Provide areas (to the nearest square foot) of all lots, outlots and right-of-way.
• The requirements as set forth in the Developer’s Agreement. Attachments
Resolution Drawing of final plat
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022- A RESOLUTION APPROVING FINAL PLAT OF ELLIE ADDITION
WHEREAS, the plat of Ellie Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Ellie Addition is approved upon compliance with the
recommendation of the Final Plat Report on this plat dated March 15, 2022. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on March 15, 2022.
____________________________________ Ronald A. Case, Mayor
ATTEST: SEAL
______________________________
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Randy L. Slick
Public Works / Engineering
ITEM DESCRIPTION:
Final Plat Report of Johnson Ridge
ITEM NO.:
VIII.D.
Requested Action
Move to: Adopt the resolution approving the final plat of Johnson Ridge. This proposal is for a plat located at 9995 Bennett Place. The plat consists of 2.1 acres to be platted into 6 single family lots and right of way dedication for street purposes. This is a
redevelopment of an existing single family homesite.
Background Information
The preliminary plat was approved by the City Council on September 7, 2021. Second reading
of the Rezoning Ordinance and final approval of the Developer’s Agreement will be approved by the City Council on March 15, 2022. Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of $660.00
• Receipt of street lighting fee in the amount of $652.21
• Receipt of street sign fee in the amount of $585.00
• Prior to release of the final plat, Developer shall execute a Special Assessment Agreement for trunk sewer and water on an assessable area of 2.10 acres in the amount of $19,063.67
• Prior to release of the final plat, Developer must provide a Permanent Retaining Wall
Easement to the City of Eden Prairie for review and approval.
• Prior to release of the final plat, Developer must provide financial security equal to 125% of the cost of the public improvements.
• Prior to release of the final plat, Developer shall pay a fee of 5% of the construction value
of the public improvements.
• Prior to release of the final plat, Developer shall submit a disk in AutoCAD format in Hennepin County coordinates containing parcel and easement data.
• The requirements as set forth in the Developer’s Agreement.
Attachment
Resolution
Drawing of final plat
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-
A RESOLUTION APPROVING FINAL PLAT OF JOHNSON RIDGE
WHEREAS, the plat of Johnson Ridge has been submitted in a manner required for platting land
under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all
proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Johnson Ridge is approved upon compliance with the
recommendation of the Final Plat Report on this plat dated March 15, 2022.
B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month
maximum time lapse between the approval date of the preliminary plat and filing of the
final plat as described in said Final Plat Report.
C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the
owners and subdivision of the above named plat.
D. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf of the City Council upon compliance with the foregoing provisions.
ADOPTED by the Eden Prairie City Council on March 15, 2022.
____________________________________
Ronald A. Case, Mayor
ATTEST: SEAL
______________________________
Nicole Tingley, City Clerk
Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Minnesota Computer’s services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3.
Synopsis The City has a surplus of obsolete computer equipment. The equipment in the attached list is of no use and will be recycled. PC’s for People, based in St. Paul MN, will pick up computer
equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3.
Attachment List of surplus equipment.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Mach 15, 2022
DEPARTMENT/DIVISION:
Aditi Salunke, IT Manager
ITEM DESCRIPTION:
Declare obsolete computer equipment as
surplus.
ITEM NO.:
VIII.E.
Asset Type Manufacturer Model
Monitor Dell 1707FPt
Monitor Samsung MC19P5
Computer HP EliteDesk 800 G3 SFF
Hotspot Novatel Wireless MIFI7730L
TV Samsung UN32J525DAF
Laptop Panasonic CF-30KCP542M
Laptop Panasonic CF-30KCP542M
Laptop Panasonic CF-30KCP542M
Laptop General Dynamics IX 270
Laptop General Dynamics IX 270
Laptop HP ProBook 640 G1
Laptop HP ProBook 640 G1
Monitor Dell 1908FPc
Monitor Dell 1908FPt
Monitor Dell 1908FPc
Printer HP LaserJet P4014N
Keyboard Cherry LPOS G86-71400EUADAA /01
Switch Asus GX-D1081 V3
Graphics Card Zotac 288-1N486-010Z8
Printer Brother PocketJet 6 Plus
Tablet Apple A1475
Tablet Apple A1475
Tablet Apple A1475
Tablet Apple A1475
Computer HP Compaq DC7900
Laptop HP ProBook 6470b
Laptop HP ProBook 450 G3
Monitor Dell 1908FPt
Laptop HP ProBook 450 G2
Laptop HP ProBook 450 G2
Laptop HP ProBook 450 G2
Laptop HP ProBook 450 G2
Laptop HP ProBook 450 G2
Laptop HP ProBook 450 G2
Laptop HP ProBook 450 G2
Laptop HP ProBook 450 G3
Laptop HP ProBook 450 G3
Laptop HP ProBook 640 G1
Laptop HP ProBook 640 G1
Laptop HP ProBook 640 G1
Laptop HP ProBook 640 G1
Laptop HP ProBook 640 G1
Laptop HP EliteBook 840 G1
Laptop HP EliteBook 840 G1
Laptop HP EliteBook 840 G1
Laptop HP EliteBook 840 G1
Laptop HP EliteBook 840 G1
Laptop HP EliteBook 840 G1
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Phone Mitel 5330e IP
Computer Rimage Catalyst
Card Reader Ingenico iSC Touch 250
Tablet Apple iPad
Tablet Apple iPad
Tablet Apple iPad
Tablet Apple iPad
Tablet Apple iPad
Tablet Apple iPad
Tablet Apple iPad
Tablet Apple iPad
Tablet Apple iPad
Tablet Apple iPad
Tablet Apple iPad
Tablet Apple iPad
Tablet Apple iPad
Monitor HP EliteDisplay E223
Laptop HP EliteBook 840 G1
Laptop HP EliteBook 840 G1
Laptop HP ProBook 450 G3
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G4 SFF
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G4 SFF
Computer HP EliteDesk 800 G3 SFF
Tablet Apple iPad
Tablet Apple iPad
Tablet Apple iPad
Tablet Apple iPad
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Computer HP EliteDesk 800 G3 SFF
Laptop HP ProBook 650 G1
Laptop HP EliteBook 840 G2
Serial Number
CN-0CC280-71618-68FCE9P
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MXL8411SLC
649496023232
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CN-0UQ042-64180-743-1DQS
CN-0FP182-71618-81M-GGB0
CN-0G438H-64180-8AN-2Y9L
CNDX233502
056419 1948AL
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U62865-J3Z486276
DMPN4B3CF4YH
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MXL8411SL6
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MXL83224GR
2UA74825T1
MXL8232NLV
MXL9362NJ4
MXL8232NLQ
DLXQ71P8G5WQ
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DMPL2G84F18P
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5CG6085KTJ
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
March 15, 2022
DEPARTMENT / DIVISION
Department
Scott Gerber/Fire Department
ITEM DESCRIPTION
Approve purchase from Masimo Systems for RAD 57 Monitoring devices and Accessories
ITEM NO.
VIII.F.
Requested Action
Move to: Approve the purchase of replacement RAD 57 monitoring devices from Masimo Systems. They
have provided a quote of $34,994.95. A second quote is attached from Emergency Medical Products for $48,687.23. This purchase is being paid for with 2022 CIP funds allotted for this project. Synopsis
This purchase will replace older end of life model RAD 57 monitoring devices. These devices are used in medical and fire response to assure effective service delivery. Attachments
Quote – Masimo Systems Quote – Emergency Medical Products Goods and Services contract
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 15, 2022
DEPARTMENT/DIVISION: Scott Gerber, Fire ITEM DESCRIPTION:
Installation of mobile computers, and docks for Fire Chiefs’ vehicles.
ITEM NO.:
VIII.G.
Requested Action
Move to: Approve the purchase of 6 new laptops, and docks from HP Inc for the Fire Department Chiefs’ vehicles through HP Inc. for $33,471.78. Synopsis
Fire Chiefs’ vehicles will be equipped with new mobile computers to facilitate efficient access to information when responding to critical calls. HP Inc. has provided a quote for laptops, and docks pursuant to a Minnesota state contract through NASPO ValuePoint. The NASPO contract complies with statutory competitive bidding requirements. This project is funded by the IT Internal Service Fund.
Background Fire Chief vehicles are currently equipped with iPads, which gives the Fire Chiefs access to high level information on active incidents. For better access to information available in Tyler’s New
World suite (Fire Mobile, Fire Records and other modules), these vehicles will be equipped with Getac A140 computers. Getac A140 computers have been installed in PD squads in 2020 after a long search and testing with other mobile devices. Fire department will acquire mounts and install them in five Fire Chief vehicles. 1 spare device
will be in IT and will be used for testing and troubleshooting as required. The new computers will have a 5-year extended warranty. HP Quote including A140 G2 computers, rugged keyboard, docks, trolley docks (optional) and
extended warranty: $33,471.78 Attachment Quote from HP Inc.
Quoted By
Qty MFG Part Number HP Part Number Product/Services Description Price Extended Cost Comments/Contract
6 AM4OZ4QA9BBX TBD
A140 G2 - Intel Core i7-10510U Processor, W/ Webcam, Microsoft
Windows 10 Pro x64 with 8GB RAM, 256GB PCIe SSD, Sunlight Readable (Full HD IPS + Touchscreen + Stylus), US Power Cord, 8M Rear Camera +
1D/2D Imager barcode reader, WIFI + BT + GPS / Glonass + 4G LTE (EM7511) + Passthrough, Hard Handle, LAN, Smart Card reader, 3 Year
Warranty B2B
$3,517.94 $21,107.64 HP NASPO -- 97227
6 GE-SVTBNFX5Y 31S71U3 Bumper to Bumper + Extended Warranty- Tablet (Year 4 & 5) - Getac, $518.47 $3,110.82 HP NASPO -- 972286GAD2X8A996363Getac 120W 11-16V, 22-32V DC Vehicle adapter (Bare Wire), 3 year $92.88 $557.28 HP NASPO -- 972296GDOFUUC005260A140 Trolley Dock (Office Dock) with AC adapter $591.10 $3,546.60 HP NASPO -- 97230
6 OHHGTC8013 A986573 A140 - Havis, PKG-DS-GTC-801-3, Vehicle Dock, with Bracket, with Tri
Pass-through (ex. vehicle adapter)$647.97 $3,887.82 HP NASPO -- 97231
6 GDKBU9 C002290 Getac Rugged Keyboard, 3 year warranty (US)$210.27 $1,261.62 HP NASPO -- 97232
Shipping and Handling (Free)$0.00
Total: $33,471.78
Amanda Entrikin
Quote Date:Quote Expiration Date:
220105G011 March 03, 2022 6/1/2022
This document includes "Confidential Information" and should not be shared or disclosed outside of the intended receiving party.
HP reserves the right to make adjustments to pricing for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes, supplier price changes.
For HP authorized partners, this quote is governed by your HP partner agreement.
This quote and customer’s order are governed by HP’s Portfolio Customer Terms for the country of the HP affiliate accepting the order (“Lead Country”). A copy of these terms for all countries HP has a direct presence can be
found on on-line: https://www8.hp.com/us/en/hp-information/end-user-agreement/terms.html. However, if the customer has a separately signed agreement with HP (“Custom Agreement”), the Custom Agreement will govern
in the Lead Country.
If the customer has a Custom Agreement and places orders or accepts delivery in countries other than the Lead Country, HP’s Portfolio Customer Terms for such country take precedence over the Custom Agreement only to the
extent they reflect local law or business practice.
To the extent this quote has non-HP products, HP offers such non-HP products as a courtesy to customers and HP is not the manufacturer. HP fully disclaims its liability for such products to the extent allowable under applicable law. The only warranties offered are those of the manufacturer.
All orders are subject to sales tax. If you are requesting exemption, please provide a copy of your Sales & Use Tax Exemption certification.All sales are contingent upon credit review.HP Inc will review return requests based on the policies of the original product manufacturer.
QUOTE DETAILS
HP 3rd Party Solutions Quotation
End Customer Name:Where to send your PO
Direct.OrderProcessing.USA@hp.com
Sold To:
Quote Information
IMPORTANT- PLEASE READ
Pricing valid in US ONLY through expiration date. Unless otherwise specified, this is quoted via standard terms.
This 3rd Party Solution quote is only good until the expiration date shown. This quote takes precedent over any other expiration date shown on a contract or quote from another system.
Ensure PO includes this quote, HP part numbers, end user customer name, and HP Big Deal number. Failure to provide this information will result in delays.
Ensure PO lists HP Inc as vendor with address below:
HP Inc
1501 Page Mill Rd
Palo Alto, CA 94304
Getac orders are non-cancelable and non-returnable.Warranty purchases should be on the same order as corresponding hardware.
Eden Prairie Police Department City of Eden Prairie (Preferred Communications as Agent) - 10287772
Quote #
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529
Office of State Procurement 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996
July 13, 2021
Debra Lee HP Inc. 1501 Page Mill Road Palo Alto, CA 94304 Dear Ms. Lee: The following document is enclosed for you to complete and return:
• Amendment 03 to SWIFT Contract No. 97227, Release No. C-871(5)
If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company. If you have any questions, please feel free to contact me. Sincerely, Erin McCormack Buyer 3 Enclosure(s)
Using the DocuSign process, please have the attached document(s) signed and routed for the State’s execution by July 23, 2021.
DocuSign Envelope ID: FC7A24B9-E32C-4A02-9648-D984874A6671
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529
MINNESOTA NASPO VALUEPOINT PARTICIPATING ADDENDUM WITH HP INC.
AMENDMENT NO. 3 TO MASTER MNNVP-133, MN CONTRACT NO. 97227, RELEASE NO. C-871(5) THIS AMENDMENT is by and between the State of Minnesota, acting through its commissioner of Administration (“State”), in cooperation with NASPO ValuePoint and HP Inc., 1501 Page Mill Road Palo Alto, CA 94304 (“Contract Vendor”). WHEREAS, the State has a Contract with the Contract Vendor identified as Contract No. 97227, with a term beginning September 10, 2015 through July 31, 2021, to provide Computer Equipment; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contract Vendor in a fully executed amendment to the Contract. NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows: 1. That Contract No. 97227 is extended through July 31, 2022, at the same prices, terms, and conditions. This Amendment is effective August 1, 2021 or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.
HP INC. The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By:
Signature
Printed Name
Title:
Date:
By:
Signature
Printed Name
Title:
Date:
OFFICE OF STATE PROCUREMENT
In accordance with Minn. Stat. § 16C.03, subd. 3. By:
Title: Acquisition Management Specialist/Buyer
Date:
COMMISSIONER OF ADMINISTRATION
Or delegated representative. By:
Date:
Colleen F Lively
Contracts Administrator
7/13/2021
DocuSign Envelope ID: FC7A24B9-E32C-4A02-9648-D984874A6671
7/16/2021
7/16/2021
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 15, 2022
DEPARTMENT
Office of City Manager
Nicole Tingley, City Clerk
ITEM DESCRIPTION:
Resolution Establishing Precinct and Polling
Places
ITEM NO.:
VIII.H.
Requested Action
Move to: Adopt the resolution establishing precincts and polling places.
Synopsis
The Legislature of the State of Minnesota has been redistricted and precinct boundaries and
polling places must be established.
Background
Redistricting occurs every 10 years after each census count and is the process of redrawing the
boundaries of election districts.
The district lines for State and Federal offices have concluded. The entirety of Eden Prairie will
continue to be represented by one U.S. House District (3). All of Eden Prairie will now
encompass only one Minnesota Senate District instead of being a part of two Districts.
Previously, the Golden Triangle (northeastern) area of the City also comprised a small portion of
another Senate District to the east with its respective House seat. The City will also be
represented by two Minnesota House Districts (49A and 49B) within the one Senate District
(49). The new House districts are included on the attached 2022 Proposed Precinct Map for
reference. Hennepin County will determine County Commissioner Districts after the conclusion
of City Precinct redistricting.
After state and federal districts are established, the City must establish its precincts and polling
places. In creating this proposal of precinct boundaries continuity for the voters, redistributing
population (current and predicted future growth), and polling place options were all considered.
There is not a population requirement in State Statute, but the precincts need to be a size where
the elections can be administered effectively.
City staff has proposed maintaining 20 precincts. Even though absentee voting has continued to
increase, if the percentage of absentee voters is the average between 2020 and 2018 that would
still be approximately 40% of voters going to their polling places. The next 10 years will provide
more insight into whether it makes sense to reduce the number of precincts.
The largest changes were to accommodate the split of the current precinct 8 by two state house
districts (through the middle by Highway 212). Precincts are not allowed to be in more than one
legislative or congressional district. The western portion of 8 was absorbed by Precincts 4 and 7.
Precinct 8 now includes the eastern portion of the current precinct 8 and part of Precinct 11 and
12.
Other changes include:
• Moving the southern border of Precinct 1 slightly to remove the small portion of School
District 278 from Precinct 5
• Moving the western border of Precinct 10 slightly to encompass Applewood Pointe, Trail
Point Ridge, and the future Ellie apartment building.
• Moving the eastern border of Precinct 17 to help redistribute population from Precinct 14.
There are three polling place changes
• The polling place for Precinct 4, City Center replaced Life Church which is currently for
sale.
• Precincts 7 and 8 switched polling places simply due to size of the facilities.
Attachments
Resolution
2022 Proposed Precinct Map (Proposed Precincts)
2021 Precinct Location Map (Previous Precincts)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-__
RESOLUTION ESTABLISHING PRECINCT BOUNDARIES AND POLLING PLACES
WHEREAS, the Legislature of the State of Minnesota has been redistricted; and WHEREAS, Minnesota Statute section 204B.14, subd. 3 (d) requires that precinct boundaries must be reestablished within 60 days of when the legislature has been redistricted or at least 19 weeks before the state primary election, whichever comes first. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Eden Prairie
hereby establishes the boundaries of the voting precincts and polling places as follows: Precinct 1 (Prairie View Elementary School, 17255 Peterborg Rd) Beginning at the Northwest corner of the City of Eden Prairie; thence southerly along the Westerly
Boundary of Eden Prairie to Lotus View Drive; then south and easterly along Maple Leave Drive;
thence north along Dell Road to Duck Lake Trail; thence easterly along Duck Lake Trail to Duck
Lake Road; thence northerly along Duck Lake Road to the Northerly Boundary of Eden Prairie
(approximately Hennepin County Road 62); thence westerly along said Northerly Boundary to the
beginning.
Precinct 2 (Eden Prairie Assembly of God, 16591 Duck Lake Trail)
Beginning at the intersection of the Northerly Boundary of Eden Prairie (approximately Hennepin County Road 62) and Duck Lake Road; thence southerly along Duck Lake Road to Valley View
Road; thence easterly along Valley View Road to the Twin Cities and Western Railroad; thence
northeasterly along said Railroad to the Northerly Boundary of Eden Prairie; thence westerly along
said Northerly Boundary to the beginning.
Precinct 3 (Immanuel Lutheran Church, 16515 Luther Way)
Beginning at the intersection of the Northerly Boundary of Eden Prairie (approximately Hennepin
County Road 62) and the Twin Cities and Western Railroad; thence southwesterly along said
Railroad to Valley View Road; thence easterly along Valley View Road to Golf View Drive; thence north on Golf View Drive to Kingston Drive; thence north along Kingston Drive to Crown Drive; thence westerly along Crown Drive to Canterbury Lane; thence northerly along Canterbury Lane to
the termination of Canterbury Lane; thence northeasterly to Edenvale Boulevard; thence
northeasterly along the Hennepin County Light Rail Transit Authority Corridor to the Northerly
Boundary of Eden Prairie; thence westerly along said Northerly Boundary to the beginning.
Precinct 4 (Eden Prairie City Center, 8080 Mitchell Road)
Beginning at the intersection of the Hennepin County Light Rail Transit Authority Corridor and the
Northerly Boundary of Eden Prairie (approximately Hennepin County Road 62); thence southwesterly along said Corridor to Edenvale Boulevard; thence southwesterly to the termination of Canterbury Lane; thence south along Canterbury Lane to Crown Drive; thence east along Crown
Drive to Kingston Drive; thence south along Kingston Drive to Golf View Drive; thence south along
Golf View Drive to Valley View Road; thence west along Valley View Road to the Hennepin
County Light Rail Transit Authority Corridor; thence southwesterly along said corridor to Minnesota State Highway 5; thence easterly along said State Highway 5 to Prairie Center Drive; thence north along Prairie Center Drive to Hennepin County Road 39 [a.k.a. Valley View Road]; thence westerly
along said Hennepin County Road 39 [a.k.a. Valley View Road] to Zenith Lane; thence
northwesterly along Zenith Lane to Willow Park entrance drive; thence north and east through
Willow Park to the intersection of Stewart Drive and Butterscotch Road; thence north along
Butterscotch Road to Roberts Drive; thence easterly along Roberts Drive to Hennepin County Road
60 (a.k.a. Baker Road); thence northerly along said Hennepin County Road 60 [a.k.a. Baker Road] to the Northerly Boundary of Eden Prairie; thence westerly along said Northerly Boundary to the beginning. Precinct 5 (Prairie Hill Evangelical Free Church, 17200 Valley View Road) Beginning at the intersection of the Westerly Boundary of Eden Prairie (approximately Minnesota Trunk Highway 101) and Lotus View Drive; thence southerly along said Westerly Boundary to the
Northerly Boundary of the Chanhassen Exception to Eden Prairie (approximately the Twin Cities
and Western Railroad; thence northeasterly along said Northerly Boundary Exception to its
intersection with the Easterly Boundary of the Chanhassen Exception to Eden Prairie (approximately
Dell Road); thence continuing northeasterly along the Twin Cities and Western Railroad to Valley
View Road; thence northwesterly along Valley View Road to Duck Lake Road; thence northerly along Duck Lake Road to Duck Lake Trail; thence westerly along Duck Lake Trail to Dell Road; thence southerly along Dell Road to Maple Leaf Drive; thence westerly along Maple Leaf Drive to
Lotus View Drive; thence westerly along Lotus View Drive to the beginning.
Precinct 6 (Christ Lutheran Church, 16900 Main Street)
Beginning at the intersection of the Twin Cities and Western Railroad and the Easterly Boundary of
the Chanhassen Exception to Eden Prairie (approximately Dell Road); thence southerly along said
Easterly Boundary Exception to Minnesota State Highway 5; thence easterly along said State
Highway 5 to the Hennepin County Light Rail Transit Authority Corridor; thence northeasterly
along said Corridor to Valley View Road; thence westerly along Valley View Road to the Twin Cities and Western Railroad; thence southwesterly along said Railroad to the beginning.
Precinct 7 (Wooddale Church, 6630 Shady Oak Road) Beginning at the intersection of the Northerly Boundary of Eden Prairie (approximately Hennepin
County Road 62) and Hennepin County Road 60 (a.k.a. Baker Road); thence southerly along said
Hennepin County Road 60 [a.k.a. Baker Road/Mitchell Road]; thence south along Hennepin County
Road 60 [a.k.a. Baker Road] to Robert Drive; thence east along Roberts Drive to Butterscotch Road;
thence south to Butterscotch Road to the entrance of Willow Park; thence southerly through Willow
Park to Zenith Lane; thence southeasterly along Zenith Lane to Hennepin County Road 39 [a.k.a. Valley View Road]; thence easterly along Hennepin County Road 39 [a.k.a. Valley View Road] to Prairie Center Drive ; thence south along Prairie Center Drive to State Highway 212/Highway 5;
thence easterly along State Highway 212 to State Highway 169; thence northerly along State
Highway 169 to the Northerly Boundary of Eden Prairie; thence westerly along said Northerly
Boundary to the beginning.
Precinct 8 (City Hill Fellowship, 12901 Roberts Drive)
Beginning at the intersection of the Easterly Boundary of Eden Prairie (approximately Hennepin
County Road 62) and State Highway 169 & State Highway 212; thence south westerly along State Highway 212 to Prairie Center Drive; thence south easterly along Prairie Center Drive to US Interstate 494; thence east along US Interstate 494 to the Easterly Boundary of Eden Prairie
(approximately Washington Avenue); thence northerly along said Easterly Boundary to the beginning. Precinct 9 (Victory Lutheran Church, 16200 Berger Drive)
Beginning at the intersection of the Easterly Boundary of the Chanhassen Exception to Eden Prairie (approximately Dell Road) and Minnesota State Highway 5;thence southerly along said Easterly Boundary Exception to the intersection with the Southerly Boundary of the Chanhassen Exception to Eden Prairie; thence westerly along said Southerly Boundary to the Westerly Boundary of Eden
Prairie; thence southerly along said westerly Boundary to U.S State Highway 212; thence easterly
along said Highway 212 to Hennepin County Road 4 [a.k.a. Eden Prairie Road]; thence northerly
along said Hennepin County Road 4 [a.k.a. Eden Prairie Road] to Minnesota State Highway 5;
thence westerly along said Highway 5 to the beginning.
Precinct 10 (Eden Prairie United Methodist Church, 15050 Scenic Heights Road)
Beginning at the intersection of Hennepin County Road 4 [a.k.a. Eden Prairie Road] and Minnesota State Highway 5; thence south along said Hennepin County Road 4 [a.k.a. Eden Prairie Road] to Hennepin County Road 1 [a.k.a. Pioneer Trail]; thence easterly along said County Road 1[a.k.a.
Pioneer Trail] to Staring Lake Parkway; thence northeasterly along Staring Lake Parkway to Twin
Lakes Crossing; thence northwesterly along Twin Lakes Crossing to Mitchell Road; thence northerly
along Mitchell Road to Minnesota State Highway 5; thence westerly to the beginning.
Precinct 11 (St. Andrew Lutheran Church, 13600 Technology Drive)
Beginning at the intersection of Hennepin County Road 60 (a.k.a. Mitchell Road) and Minnesota
State Highway 5; thence southerly along Mitchell Road to Anderson Lakes Parkway; thence easterly
and southeasterly and easterly along Anderson Lakes Parkway to Hennepin County Road 61[a.k.a. Flying Cloud Drive]; thence northerly and northeasterly along Hennepin County Road 61[a.k.a. Flying Cloud Drive] to Prairie Center Drive; thence northwesterly along Prairie Center Drive to
Minnesota State Highway 5; thence southwesterly and westerly along said State Highway 5 to the
beginning.
Precinct 12 (Eden Prairie Community Library, 565 Prairie Center Drive)
Beginning at the intersection of Prairie Center Drive and U.S. Interstate Highway 494; thence
southerly and southwesterly along said Prairie Center Drive to Franlo Road; thence southerly and
easterly along Franlo Road to Grier Lane; thence southerly and easterly along Grier Lane to Preserve Boulevard; thence southerly along Preserve Boulevard to Anderson Lakes Parkway; thence easterly, southeasterly and northeasterly along Anderson Lakes Parkway to the easterly boundary of Eden
Prairie (approximate1y U.S. Highway 169); thence northerly along said easterly boundary to U.S.
Interstate Highway 494; thence westerly and northwesterly along said Highway 494 to the
beginning.
Precinct 13 (Hennepin Technical College, 13100 College View Lane)
Beginning at the intersection of Mitchell Road and Anderson Lakes Parkway; thence southerly along
Mitchell Road to Twin Lakes Crossing; thence southeasterly along Twin Lakes Crossing to Staring Lake Parkway; thence southwesterly along Staring Lake Parkway to Hennepin County Road 1 (a.k.a. Pioneer Trail); thence southeasterly along said Hennepin County Road 1 [a.k.a. Pioneer Trail] to
Hennepin County Road 61 [a.k.a. Flying Cloud Drive]; thence northeasterly and northerly along said
Hennepin County Road 61 [a.k.a. Flying Cloud Drive] to Anderson Lakes Parkway; thence westerly
and northwesterly along Anderson Lakes Parkway to the beginning.
Precinct 14 (Pax Christi Community, 12100 Pioneer Trail)
Beginning at the intersection of Hennepin County Road 61 [a.k.a. Flying Cloud Drive] and
Purgatory Creek; thence southwesterly along said Hennepin County Road 61 [a.k.a. Flying cloud Drive] to Riley Creek; thence southeasterly along Riley Creek to Grass Lake; thence southwesterly along the westerly, southwesterly and southerly edge of Grass Lake to the Grass
Lake Outlet; thence southerly and southwesterly along said Outlet to the Southerly Boundary of
Eden Prairie (approximately the Minnesota River); thence southeasterly, easterly and
northeasterly along said Southerly Boundary to the Easterly Boundary of Eden Prairie
(approximately U.S. Highway 169); thence northerly along said Easterly Boundary to Riverview
Road; thence westerly along Riverview Road to Purgatory Creek; thence westerly, northwesterly, northerly, northeasterly and easterly along Purgatory Creek to Jarvis Circle; thence westerly along Jarvis Circle to Homeward Hills Road; thence northerly along Homeward
Hills Road to Purgatory Creek; thence westerly, northwesterly and southwesterly along
Purgatory Creek to the beginning.
Precinct 15 (Eden Lake Elementary School, 12000 Anderson Lakes Parkway)
Beginning at the intersection of Hennepin County Road 61[a.k.a. Flying Cloud Drive] and
Prairie Center Drive; thence southerly and southwesterly along said Hennepin County Road
61[a.k.a. Flying Cloud Drive] to College View Drive; thence easterly along said College View Drive to Cold Stream Lane; thence southerly along Cold Stream Lane to Vanderbilt Avenue; thence easterly along Vanderbilt Avenue to Princeton Avenue; thence easterly and southeasterly
along Princeton Avenue to Homeward Hills Road; thence southerly along Homeward Hills Road
to Sunnybrook Road; thence easterly along Sunnybrook Road to Olympia Drive; thence
northerly along Olympia Drive to Mount Curve Road; thence southeasterly and easterly along
Mount Curve Road to Franlo Road; thence northerly along Franlo Road to Anderson Lakes
Parkway; thence northwesterly, westerly and southwesterly along Anderson Lakes Parkway to Preserve Boulevard; thence northerly along Preserve Boulevard to Grier Lane; thence westerly and northerly along Grier Lane to Franlo Road; thence westerly and northerly along Franlo road
to Prairie Center Drive; thence northwesterly along Prairie Center Drive to the beginning.
Precinct 16 (Pax Christi Community, 12100 Pioneer Trail)
Beginning at the intersection of Anderson Lakes Parkway and Franlo Road; thence southerly
along Franlo Road to Mount Curve Road; thence westerly and northwesterly along Mount Curve
Road to Olympia Drive; thence southerly along Olympia Drive to Sunnybrook Road; thence
westerly along Sunnybrook Road to Homeward Hills Road; thence northerly along Homeward
Hills Road to Princeton Avenue; thence northwesterly along Princeton Avenue to Vanderbilt Avenue; thence westerly along Vanderbilt Avenue to Cold Stream Lane; thence northerly along Cold Stream Lane to College View Drive; thence westerly along College View Drive to
Hennepin County Road 61[a.k.a Flying Cloud Drive]; thence southerly and southwesterly along
Hennepin County Road 61[a.k.a. Flying Cloud Drive] to Purgatory Creek; thence easterly,
northeasterly and southeasterly along Purgatory Creek to Homeward Hills Road; thence
southerly along Homeward Hills Road to Hennepin County Road 1 (a.k.a. Pioneer Trail); thence southeasterly along said Hennepin County Road 1[a.k.a. Pioneer Trail] to the Easterly Boundary of Eden Prairie (approximately U.S. Highway 169); thence northerly along said Easterly
Boundary to Anderson Lakes Parkway; thence westerly along Anderson Lakes Parkway to the
beginning.
Precinct 17 (Prairie Lutheran Church, 11000 Blossom Road)
Beginning at the intersection of Hennepin County Road 1 (a.k.a. Pioneer Trail) and the Easterly
Boundary of Eden Prairie (approximately U.S. Highway 169); thence northwesterly along said Hennepin County Road 1[a.k.a. Pioneer Trail] to Homeward Hills Road; thence south along Homeward Hills Road to Jarvis Court; thence east along Jarvis Court to Purgatory Creek; thence
southerly, southeasterly, southerly, southwesterly and westerly along Purgatory Creek to
Riverview Road; thence easterly along Riverview Road to the Easterly Boundary of Eden Prairie
(approximately US Highway 169); thence northerly along said Easterly Boundary to the
beginning.
Precinct 18 (Prairie Community Church, 9145 Eden Prairie Road)
Beginning at the intersection of U.S. Highway 212 and Hennepin County Road 4 [a.k.a. Eden Prairie
Road]; thence westerly along said U.S. Highway 212 to the Westerly Boundary of Eden Prairie;
thence southerly along said Westerly Boundary of Eden Prairie to Hennepin County Road 1 (a.k.a. Pioneer Trail); thence northeasterly and easterly along said Hennepin County Road 1[a.k.a. Pioneer Trail] to Hennepin County Road 4 (a.k.a. Eden Prairie Road); thence northerly and northwesterly
along said Hennepin County Road 4 [a.k.a. Eden Prairie Road] to the beginning.
Precinct 19 (Grace Church, 9301 Eden Prairie Road) Beginning at the intersection of Hennepin County Road 1[a.k.a. Pioneer Trail] and the West Boundary of Eden Prairie; thence easterly and northeasterly along Hennepin County Road
1[a.k.a. Pioneer Trail] to the intersection with Hennepin County Road 4[a.k.a. Eden Prairie
Road]; thence southerly along Hennepin County Road 4[a.k.a. Eden Prairie Road] to the intersection with Hennepin County Road 4[a.k.a. Spring Road]; thence southwesterly along Eden Prairie Road to Riley Creek; thence northerly, westerly and southwesterly along Riley Creek to Dell Road; thence southerly along Dell Road to Hennepin County Road 61[a.k.a. Flying Cloud
Drive]; thence westerly along Hennepin County Road 61[a.k.a. Flying Cloud Drive]to the West
Boundary of Eden Prairie; thence North to the beginning. Precinct 20 (Grace Church, 9301 Eden Prairie Road) Beginning at the intersection of Hennepin County Road 1[a.k.a. Pioneer Trail] and Hennepin
County Road 4[a.k.a. Eden Prairie Road]; thence easterly along Hennepin County Road 1[a.k.a.
Pioneer Trail] to Hennepin County Road 61[a.k.a. Flying Cloud Drive]; thence southwesterly and westerly along Hennepin County Road 61[a.k.a. Flying Cloud Drive] to Riley Creek; thence southerly and southeasterly along Riley Creek to the northwest edge of Grass Lake; thence southwesterly, southerly and southeasterly along the westerly edge of Grass Lake to the Grass
Lake Outlet; thence southerly and southwesterly along the Grass Lake Outlet to the South
Boundary of Eden Prairie [approximately the Minnesota River]; thence westerly along the South Boundary of Eden Prairie to the West Boundary of Eden Prairie; thence North along the West Boundary of Eden Prairie to Hennepin County Road 61[a.k.a. Flying Cloud Drive]; thence easterly along Hennepin County Road 61[a.k.a. Flying Cloud Drive] to Dell Road; thence
northerly along Dell Road to Riley Creek; thence northeasterly, northerly and easterly along
Riley Creek to Eden Prairie Road; thence northeasterly along Eden Prairie Road to Hennepin County Road 4[a.k.a. Eden Prairie Road] ; thence North along Hennepin County Road 4[a.k.a. Eden Prairie Road] to the beginning.
Attached to this Resolution, for illustrative purposes, is a map showing said precincts and the
location of each polling place. ADOPTED by the City Council of the City of Eden Prairie this 15th day of March 2022.
__________________________ Ronald A. Case, Mayor ATTEST:
__________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Robert Ellis
Public Works
ITEM DESCRIPTION: IC 15-5904
Agreement with Republic Services for material
disposal at the 2022 Drop Off Day Event
ITEM NO.:
VIII.I.
Requested Action
Move to: Approve Agreement with Republic Services for material disposal at the 2022 Drop Off Day Event at an estimated cost of $63,720.00.
Synopsis
A request for proposal was sent to two waste hauler companies. Republic Services was the only vendor to submit a proposal. The proposal included an estimated price of $63,720.00 for material disposal services. The event will be held Saturday morning on June 18, 2022.
Background Information The City began providing a cleanup event in 1995 with a few basic items, such as such as yard waste, construction debris, general household trash and recyclables. In 2002 the cleanup was
moved to the Hennepin Technical College as the Allied Waste facility could no longer handle the
number of people that came to the event. The change allowed the City to increase the number and types of materials including bicycle, yard waste, scrap metal, appliances, electronics, tires, fluorescent bulbs, and propane tanks all for recycling.
Over time the event become so popular it appeared to be outgrowing the Hennepin Technical
College campus. To help alleviate pressure the City constructed a yard waste site in 2021 that is open to residents in the spring, summer and fall months. As a result, yard waste is no longer collected as part of the Drop Off Day Event which helped reduce wait times. The City also now hosts two separate events for curbside pick-up and drop off of appliances, electronics, tires, e-
waste and other miscellaneous items for recycling. One of those events will occur in the spring
and the other in the fall. By separating the recycling events from the Drop Off event we have significantly reduced traffic congestion which has plagued the Drop Off event in past years. The 2022 agreement again includes provisions for 18 rear load trucks for general trash, four 30-
yard dumpsters for construction and demolition, one 30-yard dumpster for scrap metal, one 8-
yard dumpster for cardboard, as well as 47 personnel to operate equipment, load debris and route traffic. Attachment
Agreement
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 15th day of March, 2022, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Allied Waste Services of North America, LLC dba Republic Services of
the Twin Cities - Eden Prairie, a Delaware limited liability company (hereinafter "Contractor")
whose business address is 9813 Flying Cloud Drive, Eden Prairie, MN 55347.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a variety
of services for City projects. That policy requires that persons, firms or corporations providing such
services enter into written agreements with the City. The purpose of this Agreement is to set forth
the terms and conditions for the provision of services by Contractor for the 2022 Eden Prairie Drop
Off Day Event hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of
the Work in accordance with attached Exhibit A. Any general or specific conditions, terms,
agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A
are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of March
15, 2022.
3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and exits
as designated by City. Contractor’s personnel will contact the appropriate person (i.e.
receptionist, maintenance personnel, security, etc,) immediately upon entering the
building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests and
employees in the buildings are not disturbed or inconvenienced during the performance
of the contracted services.
d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly
identifies them as a service contractor, and abide by City’s no smoking policies.
e. Contractor must honor the City’s request to reassign an employee for cause. Cause may
include performance below acceptable standards or failure to present the necessary
image or attitude, in the judgment of the owner, to present a first class operation.
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f. When necessary, Contractor’s personnel will be provided with keys or access cards in
order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor.
4. City’s Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor an estimated sum of $63,720.00
based on unit prices as full and complete payment for the labor, materials and services rendered
pursuant to this Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable control,
including but not limited to strikes, riots, fires, acts of God, governmental actions,
actions of a third party, or actions or inactions of City, the time for performance shall be
extended by a period of time lost by reason of the delay. Contractor will be entitled to
payment for its reasonable additional charges, if any, due to the delay.
6. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Agreement. Invoices submitted shall be paid in
the same manner as other claims made to the City.
b. Claims. To receive any payment on this Agreement, the invoice or bill must include the
following signed and dated statement: “I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid.”
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor shall designated a Project Manager and notify the City in
writing of the identity of the Project Manager before starting work on the Project. The Project
Manager shall be assisted by other staff members as necessary to facilitate the completion of the
Work in accordance with the terms established herein. Contractor may not remove or replace
the Project Manager without the approval of the City.
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the
performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest
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extent permitted under applicable law, without limitation, for any injuries, loss, or damages
proximately caused by Contractor's breach of this standard of care. Contractor shall put forth
reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible
for delays caused by factors beyond its control or that could not be reasonably foreseen at the
time of execution of this Agreement. Contractor shall be responsible for costs, delays or
damages arising from unreasonable delays in the performance of its duties.
9. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay
for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of them
or by anyone for whose acts any of them may be liable. Such insurance shall include, but
not be limited to, minimum coverages and limits of liability specified in this Paragraph,
or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident (shall
include coverage for all owned, hired and non-owed
vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
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
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form arising from pollution, explosion, collapse, underground property damage or work
performed by subcontractors.
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden
Prairie” as an additional insured.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall
contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement.
j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the
coverages required herein.
l. All policies shall contain a provision or endorsement that coverages afforded thereunder
shall not be cancelled or non-renewed or restrictive modifications added, without thirty
(30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to
non-payment, the coverages may not be terminated or non-renewed without ten (10)
days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this Paragraph
at Contractor’s sole expense and with insurance companies licensed to do business in the
state in Minnesota and having a current A.M. Best rating of no less than A-, unless
specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance
with this Paragraph, must be filed with City prior to the start of Contractor’s
Work. Upon request a copy of the Contractor’s insurance declaration page, Rider
and/or Endorsement, as applicable shall be provided. Such documents evidencing
Insurance shall be in a form acceptable to City and shall provide satisfactory evidence
that Contractor has complied with all insurance requirements. Renewal certificates shall
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be provided to City prior to the expiration date of any of the required policies. City will
not be obligated, however, to review such Certificate of Insurance, declaration page,
Rider, Endorsement or certificates or other evidence of insurance, or to advise
Contractor of any deficiencies in such documents and receipt thereof shall not relieve
Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of
Contractor’s obligations hereunder. City reserves the right to examine any policy
provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the
specified insurance, then Contractor will defend, indemnify and hold harmless the City,
the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary to
afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless of
the extent to which the underlying occurrence (i.e., the event giving rise to a claim which
would have been covered by the specified insurance) is attributable to the negligent or
otherwise wrongful act or omission (including breach of contract) of Contractor, its
subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall
be construed and applied in favor of indemnification. Contractor also agrees that if
applicable law limits or precludes any aspect of this indemnity, then the indemnity will be
considered limited only to the extent necessary to comply with that applicable law. The
stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's
insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and
expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for
which it may be liable resulting from any breach of this Agreement by Contractor, its agents,
contractors and employees, or any negligent or intentional act or omission performed, taken or
not performed or taken by Contractor, its agents, contractors and employees, relative to this
Agreement. City will indemnify and hold Contractor harmless from and against any loss for
injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
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11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within the
specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days
after receiving written notice and without expense to the City, to repair, replace and in general
to perform all necessary corrective Work with regard to the defective or nonconforming Work
or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY
MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO
THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor
agrees to perform the Work in a manner and at a time so as to minimize any damages sustained
by the City and so as to not interfere with or in any way disrupt the operation of the City or the
public.
The corrective Work referred to above shall include without limitation, (a) the cost of removing
the defective or nonconforming Work and materials from the site, (b) the cost of correcting all
Work of other Contractors destroyed or damaged by defective or nonconforming Work and
materials including the cost of removal of such damaged Work and materials form the site, and
(c) the cost of correcting all damages to Work of other Contractors caused by the removal of the
defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
12. Termination.
a. This Agreement may be terminated at any time by either party for breach or non-
performance of any provision of this Agreement in accordance with the following. The
party (“notifying party”) who desires to terminate this Agreement for breach or non-
performance of the other party (“notified party”) shall give the notified party notice in
writing of the notifying party’s desire to terminate this Agreement describing the breach
or non-performance of this Agreement entitling it to do so. The notified party shall have
five (5) days from the date of such notice to cure the breach or non-performance. Upon
failure of the notified party to do so, this Agreement shall automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any
extended term or terms hereof, or for any other reason, Contractor shall have the right,
within a reasonable time after such termination to remove from City’s premises any and
all of Contractor’s equipment and other property. Except for liability resulting from acts
or omissions of a party, arising, taken or omitted prior to such termination, the rights and
obligations of each party resulting from this Agreement shall cease upon such
termination. Any prior liability of a party shall survive termination of this Agreement.
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c. In the event of dissolution, termination of existence, insolvency, appointment of a
receiver, assignment for the benefit of creditors, or the commencement of any
proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate this
Agreement by notice to Contractor, in which event, this Agreement shall terminate on
the notice becoming effective.
13. Independent Contractor. Contractor is an independent contractor engaged by City to perform
the services described herein and as such (i) shall employ such persons as it shall deem
necessary and appropriate for the performance of its obligations pursuant to this Agreement,
who shall be employees, and under the direction, of Contractor and in no respect employees of
City, and (ii) shall have no authority to employ persons, or make purchases of equipment on
behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as
to find the Contractor an employee of the City.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall
be subject to mediation as a condition precedent to initiating arbitration or legal or equitable
actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance
with the Commercial Mediation Procedures of the American Arbitration Association then
currently in effect. A request for mediation shall be filed in writing with the American
Arbitration Association and the other party. No arbitration or legal or equitable action may be
instituted for a period of 90 days from the filing of the request for mediation unless a longer
period of time is provided by agreement of the parties. Cost of mediation shall be shared
equally between the parties. Mediation shall be held in the City of Eden Prairie unless another
location is mutually agreed upon by the parties. The parties shall memorialize any agreement
resulting from the mediation in a mediated settlement agreement, which agreement shall be
enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor
shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of
services to be provided. Any violation of statutes, ordinances, rules and 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.
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18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the former
employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Agreement or thereafter of any of the rights
or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Agreement supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Contractor shall incorporate the foregoing requirements of this paragraph
in all of its subcontracts for program work, and will require all of its subcontractors for such
work to incorporate such requirements in all subcontracts for program work. The Contractor
further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota
Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally to
an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
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nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail
or deposit, that the time for response to any notice by the other party shall commence to run
one business day after any such mailing or deposit. A party may change its address for the
service of notice by giving written notice of such change to the other party, in any manner
above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Contractor under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the City's
prior written approval. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Contractor in performing any of the
functions of the City during performance of this Agreement is subject to the requirements of
the Data Practice Act and Contractor shall comply with those requirements as if it were a
government entity. All subcontracts entered into by Contractor in relation to this Agreement
shall contain similar Data Practices Act compliance language.
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.
REQUEST FOR PROPOSALS
CITY OF EDEN PRAIRIE
DROP OFF DAY EVENT
1.GENERAL INFORMATION
a.Objective
i.The purpose of the Request for Proposal (RFP) is to obtain bids for a waste hauler for the
City of Eden Prairie’s annual Drop Off Day event.
b.Issuing Office
i.The RFP is issued by the City of Eden Prairie. All correspondence regarding the RFP must
be addressed to the designated Contract Administrator.
c.Contract Administrator
i.All communications concerning the contract should be directed to the Contract
Administrator:
Robert Ellis, Public Works Director
City of Eden Prairie
Engineering Division
8080 Mitchell Road
Eden Prairie, MN 55344
Phone 952-949-8310
Email: rellis@edenprairie.org
d.Incurring Costs
i.The City of Eden Prairie is not liable for any cost incurred by the prospective firms prior to
the signing of the contract.
e.Proposals
i.To be considered, each firm must submit a complete response to this RFP, using the
format provided in the section below. The proposal must be signed by an official
authorized to bind the submitter to its provisions.
f.Acceptance of the Proposal Content
i.Failure of the selected consultant to accept these obligations may result in cancellation of
the award.
g.Selection Criteria
i.The City will enter into a contract for the Drop Off Day with the organization who can
submit a proposal documenting maximum value taking into consideration quality of
proposal, event pricing, past experience with similar events, previous performance with the
City of Eden Prairie, and other relevant factors.
h.Proposal Receipt
i.Proposals must arrive at the City of Eden Prairie, Engineering Division, 8080 Mitchell
Road, on or before 10:00 A.M February 24, 2022. Electronic delivery (email) is
preferred. It is expected the selected proposer’s agreement will be approved at the March
15, 2022 City Council meeting.
i.Right to reject Bids
i.The City of Eden Prairie reserves the right to award the total proposal, to reject any and all
proposals in whole or in part, and to waive any informality or technical defects, in the
City’s judgment. In determination of award, the qualification of the proposal submitter, the
conformity with the specifications of services to be supplied, delivery terms, event pricing,
past experience with similar events, previous performance with the City of Eden Prairie,
EXHIBIT A
and other relevant factors will be considered.
j. Cost Liability
i. The City assumes no responsibility or liability for costs incurred by the firms prior to the
signing of this agreement.
k. Owner
i. The City of Eden Prairie is designated as Owner.
l. Award of Contract
i. The City of Eden Prairie will award one contract for this entire project to the responsible
bidder submitting a quote, meeting all performance and required criteria as set forth in the
Request for Proposal and the associated documents, plans and specifications.
ii. The attached Exhibit B “Standard Agreement for Contract Services” will be used for this
project and should be considered with the proposal. The City reserves the right to contract
only for portions of the proposed scope of work outlined in this RFP. Deletions of specific
tasks or sub-tasks will be at the discretion of the City.
m. Drop Off Day Event Information
i. Saturday, June 18, 2021
ii. Hennepin Technical College
iii. 13100 College View Drive
iv. Eden Prairie, MN 55347
v. Open to the public at 8:00 a.m. and last vehicle to enter site at 2:30 p.m.
2. SPECIFICATIONS
a. Contractor must be available for one pre-planning meeting at Eden Prairie City Center.
b. Contractor must set-up equipment and staff by 7:45 A.M. the day of event, and have staff on site for
the duration of the event.
c. Commit to keeping each waste collection area for the event properly staffed and operational,
including:
i. Eighteen rear load trucks with operator for General Trash
ii. Four 30-yard dumpsters with operator for Construction and Demolition
iii. One 30-yard dumpster with operator for Scrap Metal
iv. One 8-yard dumpster with operator for Recycling Materials
v. Twenty-nine Labor personnel for material handling, traffic control and site supervision.
d. Contractor must submit itemized totals for all materials collected no later than 45 days after event.
e. The contractor shall assume ownership and responsibility for disposal for all collected materials.
f. Labor
i. Basis of Measurement: By each.
ii. Basis of Payment: According to unit price and actual number of Labor personnel provided.
iii. Labor shall include all labor for traffic control, material handling, and supervision. It is
assumed a total of twenty-nine (29) labor persons will be needed for the event. This
includes eighteen (18) material handlers to assist General Trash equipment operators with
loading, eight (8) material handlers to assist the Construction and Demolition/Recycling
Materials/Scrap Metal equipment operators with loading, two (2) traffic control persons,
and one (1) supervisor.
iv. Labor does not include operators of equipment as those will be paid for under the
Equipment bid item.
g. Equipment
i. Basis of Measurement: By each
ii. Basis of Payment: According to unit price and actual number of Equipment provided.
iii. Equipment costs must include all operational costs, such as fuel, and an operator. A total
of twenty-four (24) pieces of equipment will be needed to the event. This includes
eighteen (18) rear load trucks for General Trash and six (6) other trucks to load and unload
four 30-yard dumpsters for Construction and Demolition, one 30-yard dumpster for Scrap
Metal, and one 8-yard dumpster for Recycling Materials.
iv. It is expected that Equipment operators will assist with loading their vehicles while present
on site and this cost will be included in the Equipment bid item.
h. General Trash
i. Basis of Measurement: By tons.
ii. Basis of Payment: According to unit price and actual quantity collected.
iii. Estimated quantity listed on bid form is based on previous event total tonnages.
iv. Staging and Staffing: Maintain eighteen (18) stations with eighteen rear load trucks
throughout the event. Two (2) material handlers for loading material required at each
station. Labor to handle material and operate equipment shall be included in the Labor and
Equipment bid items. Bulky items such as couches, mattresses and other furniture will be
paid for by the ton similar to all other general trash.
i. Construction and Demolition
i. Basis of Measurement: By tons.
ii. Basis of Payment: According to unit price and actual quantity collected.
iii. Estimated quantity listed on bid form is based on previous event total tonnages.
iv. Staging and Staffing: Provide four (4) 30-yard dumpsters for construction and demolition
materials throughout the event. Labor to operate equipment and load materials shall be
included in Labor and Equipment bid items.
v. City Staff will mobilize and operate one wheel loader to help organize and consolidate
materials.
j. Scrap Metal
i. Basis of Measurement: By tons.
ii. Basis of Payment: According to unit price and actual quantity collected.
iii. Estimated quantity listed on bid form is based on previous event total tonnages.
iv. Staging and Staffing: Provide one (1) 30-yard dumpsters for scrap metal throughout the
event. Labor to operate equipment and load materials shall be included in Labor and
Equipment bid items.
k. Recycling Materials
i. Basis of Measurement: By tons.
ii. Basis of Payment: According to unit price and actual quantity collected.
iii. Estimated quantity listed on bid form is based on previous event total tonnages.
iv. Staging and Staffing: Provide one (1) 8-yard dumpsters for recycling materials throughout
the event. Labor to operate equipment and load materials shall be included in Labor and
Equipment bid items.
3. PROPOSALS
a. Proposal Format
i. The firm will be responsible for completing and submitting the attached proposal form.
b. Fee Quotations
i. The fee proposal for the project will include all costs associated with the project including
taxes and surcharges. Include the name and telephone number of the person(s) in the
organization who is authorized to negotiate the proposed contract with the City. If
subcontractors are hired, a single firm shall administer the contract. All billings will be routed
through this firm. Invoices submitted should have a detailed breakdown of times, personnel,
mileage, supplies, etc. chargeable for a specific task.
c. Proposed Modification to Scope
i. The proposal shall discuss any proposed modifications to the scope outline herein that the
Contractor may feel are necessary to complete the project.
d. Submittal Requirements
i. Provide electronic copy (PDF) of the proposal for the evaluation process.
e. Timetable
i. Proposal submittal deadline: February 17, 2021 at or before 10:00 A.M.
ii. Award by the City Council: March 2, 2021.
4. TERMS AND CONDITIONS
a. The City reserves the right to contract for only portions of the scope of work outlined in this RFP.
Deletion of specifications will be at the discretion of the City.
b. If, for any reason, your firm is not able to execute the included Standard Agreement for Contract
Services within 14 days of Council Award, the City reserves the right to request proposals from other
qualified firms.
c. The City will pay the Contractor for services based on the unit bid prices submitted in the RFP and
actual measured quantities.
d. An official authorized to bind the Contractor to its provisions must sign the proposal.
e. The City shall retain ownership of all maps, reports, data and photographs prepared by the Contractor
and/or their sub-consultants under this proposal. The City may reproduce any or all portions of these
items at their discretion.
f. The attached Agreement for Contract Services is considered a part of the Proposal. A signed copy will
be required for City Council Approval. The Request for Proposals and Unit Cost Bid Form will be
Exhibit A to the Agreement for Contract Services.
g. Payment and Taxes
i. The City will pay the Contractor for services based on the unit bid prices submitted below for
actual measured quantities.
ii. The City will pay the Contractor for all actual State, County and local material disposal
taxes with no mark up from the Contractor.
iii. The Contractor shall pay all sales, consumer, use and other taxes required to be paid and these
costs shall be included in the unit prices below.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Mary Krause
Public Works/Engineering
ITEM DESCRIPTION: I.C. 22803
Award Contract for 2022 Crackseal Project to Asphalt Surface Technologies Corporation
ITEM NO.:
VIII.J.
Requested Action
Move to: Award contract for 2022 Cracksealing Project to Asphalt Surface Technologies Corporation in the amount of $90,550.00. Synopsis
Quotes were received Friday, February 25, 2022 for the 2022 Crack Sealing project. Three quotes were received and are tabulated as follows: ASTECH Corporation $90,050.00 Fahrner Asphalt Sealers $95,795.00
Allied Blacktop Company $199,775.00 Staff has reviewed the quotes and recommends awarding the contract to Asphalt Surface Technologies Corporation in the amount of $90,050.00. Background Information Street bituminous cracksealing is an annual street maintenance project. Cracksealing for bituminous trails has also been included in the project. The street quantities include some of the recent overlay areas.
The 2022 operating and maintenance budget for street cracksealing is $100,000 under budget item 1707-6339. The trail and parking lots cracksealing portion of the project is funded through the Parks Division under maintenance. The crack sealant material has been purchased by the Streets Maintenance Division separately; this contract award is for the placement of the sealant
material. Attachment Contract
SHORT FORM CONSTRUCTION CONTRACT
THIS AGREEMENT, made and executed this _____ day of __________ 2022, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Asphalt Surface Technologies Corporation, hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for: I.C. 22803- 2022 Cracksealing Project
CONTRACTOR further agrees to do everything required by this Agreement and the
Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal
Form attached hereto which prices conform to those in the accepted CONTRACTOR'S
proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $90,050.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract
Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Proposal Form b. Construction Short Form Agreement c. Specifications and Special Conditions
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract
Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the following schedule:
Or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE
__________________________________ By ________________________________ Its City Mayor
__________________________________ By_______________________________
Its City Manager
CONTRACTOR
In Presence Of: ____________________________________
__________________________________ By ________________________________
Its __________________________ __________________________________ _______________________________ Its __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Leslie Stovring
Engineering Division / Water
Resources
ITEM DESCRIPTION: IC# 15-5901
Approve Professional Services Agreement
with Blue Water Science for the 2022
Water Quality Monitoring Program
ITEM NO.:
VIII.K.
Requested Action Move to: Approve Professional Services Agreement with Blue Water Science for the 2022 Water Quality Monitoring Program for $31,560.
Synopsis The proposal from Blue Water Science continues the City’s ongoing monitoring program to help manage our lakes and ponds. Monitoring is conducted annually to evaluate water quality trends
in relation to maintaining the status of our lakes in relation to impaired waters criteria. In
addition, the monitoring is used to assess lakes for treatment options such as harvesting and the use of alum to improve water quality. The costs of water quality improvement and monitoring projects are paid out of the stormwater utility.
Background Information
The budget for the water quality sampling program was established in the City’s Local Water Management Plan. City staff have met with the Nine Mile Creek (NMCWD) and Riley-Purgatory-Bluff Creek (RPBCWD) Watershed Districts to discuss projects proposed for the
upcoming year in order to coordinate activities and avoid duplication. A request for proposal was
sent to Stantec Consultants, WSB & Associates, SRF Consultants and Blue Water Science. Blue Water Science submitted the low bid. The following actions are included for sampling:
• Vegetation sampling for Mitchell, Red Rock, Rice Marsh, and Round Lakes to provide information regarding the extent and types of native and invasive species within the lake.
• Water quality sampling for Mitchell, Red Rock, and Round Lakes. The City, University of Minnesota and the Riley Purgatory Bluff Creek Watershed District will use the water quality
monitoring results for the improvement projects and research studies that are currently
ongoing. This includes the Management Plan updates that are currently underway for Mitchell and Red Rock Lakes.
• Fish population sampling for Birch Island Lake. The information collected will assist the Nine Mile Creek Watershed District in determining the type of fish in the lake as well as the
general health of the fish community now that the water level has increased. Costs will be paid from the storm water utility fund. Attachment
Agreement for Professional Services and Proposal
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February 22
Blue Water Science
sole proprietorship
550 South Snelling Avenue, St. Paul, MN 55116
lake sampling
lake sampling
March 1, 2022
March 31, 2023
28
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,WV owner
Steve McComas, Blue Water Science
Steven McComas
Digitally signed by Steven McComas
DN: cn=Steven McComas, o=Blue Water Science,
ou, email=mccomas@pclink.com, c=US
Date: 2022.02.28 14:27:08 -06'00'
P R O P O S A L
2022 Eden Prairie Lake Sampling Program
To: Leslie A. Stovring, Environmental Coordinator
From: Steve McComas, Blue Water Science
Date: February 28, 2022
Re: 2022 Lake Sampling Program Proposal for Eden Prairie
The sampling program will include the Tasks outlined below. All lake water quality data collected
will be entered into the Minnesota Pollution Control Agency’s water quality database.
SECTION 1 - SCOPE OF WORK
TASK 1-WATER QUALITY MONITORING-RILEY PURGATORY BLUFF CREEK WATERSHED -
MITCHELL, RED ROCK, ROUND
The following samples will be collected every other week from May (after ice-out) through end of
October for Mitchell, Red Rock, and Round lakes. Samples will be collected from the deepest portion
of the lake and latitude/longitude or UTM coordinate will be provided. Samples will be collected, except
for Secchi disc depth, from the surface to bottom of each lake in one-meter increments. Parameters to
be analyzed in the field:
• Secchi disc
• Temperature and dissolved oxygen profiles
• Conductivity
• pH
Parameters to be analyzed by a laboratory:
• Total phosphorus (surface, mid-depth, and bottom samples)
• Orthophosphate (surface, mid-depth, and bottom samples)
• Total dissolved phosphorus (surface, mid-depth, and bottom samples)
• Chlorophyll a (surface, mid-depth, and bottom samples)
• Ammonium
• Nitrate/nitrite
• Total Kjeldahl nitrogen
• Total Alkalinity
• Total Suspended Solids
• Chloride
•Iron
ATTACHMENT A
TASK 2-OPTIONAL VEGETATION SAMPLING- POINT INTERCEPT SURVEY -
MITCHELL, RED ROCK, RICE MARSH, AND ROUND LAKES
Blue Water Science will conduct one mid-summer point intercept survey to map the aquatic vegetation
within the lake.
TASK 3: FISH SURVEY - BIRCH ISLAND LAKE
Blue Water Science will conduct a 2-night fish survey on Birch Island Lake in 2022.
TASK 4 - REPORT AND MEETING REQUIREMENTS
Once the analysis is completed, one final report will be prepared which summarizes the results for the
water quality monitoring and vegetation-sampling program. The report must include:
• Analysis of existing conditions.
• Comparison with historical conditions.
• Recommendations for future actions.
• Copies of all laboratory reports.
• Acknowledgement that all water quality results were entered into the MPCA’s database.
Blue Water Science anticipates two meetings with City staff to discuss the sampling protocol and
results.
The final report should be submitted by March 31, 2023.
SECTION 2 - TERMS AND CONDITIONS
Quote for 2022: Lake and Pond Water Sampling and Projects
2/Month
May - Oct
Secchi disc,
Temp, Diss oxygen, Conductivity, pH - profiles,
TP, OP, TDP, and Chl - top, mid, bottom,
NH3, NO3-NO2, TKN, Alk, TSS, Cl, Fe - top only
Costs Total
Costs
Labor For
Sampling
Lab
Costs
Report
Costs
TASK 1. WATER QUALITY MONITORING
Riley Purgatory Bluff Creek Watershed
Mitchell 12 sampling trips $1,100
12 x $385
= $4,620 $600 $6,320
Red Rock 12 sampling trips $1,100
12 x $385
= $4,620 $600 $6,320
Round 12 sampling trips $1,100
12 x $385
= $4,620 $600 $6,320
Subtotal $3,300 $13,860 $1,800 $18,960
Total
Costs
TASK 2. OPTIONAL VEGETATION SAMPLING - POINT INTERCEPT SURVEY
Mitchell Early summer point intercept plant survey $2,200
Red Rock Early summer point intercept plant survey $2,100
Rice Marsh Early summer point intercept plant survey $2,100
Round Early summer point intercept plant survey $1,900
Subtotal $8,300
Total
Costs
TASK 3. FISH SURVEYS
Birch Island (net sampled for 2 nights) $3,700
Subtotal $3,700
Total
Costs
TASK 4. REPORT AND MEETING REQUIREMENTS
Report preparation included
Meetings (2 meetings at $300/meeting) $600
Subtotal $600
Summary of Proposed Costs for 2022 for Blue Water Science
Total Proposed Costs Summary
Task 1: Water Quality Monitoring - Riley Purgatory Bluff Creek Watershed $18,960
Task 2: Vegetation Sampling - Point Intercept Survey $8,300
Task 3: Fish Survey $3,700
Task 4: Report Requirements and Meeting $600
Total $31,560
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Rod Rue
Public Works/Engineering
ITEM DESCRIPTION: I.C. 20822
Award Contract for CSAH 61 Landscaping to Cedar Ridge Landscaping, Inc.
ITEM NO.:
VIII.L.
Requested Action
Move to: Award contract for I.C. 20822, CSAH 61 Landscaping to Cedar Ridge Landscaping, Inc, in the amount of $154,331.50 including Alternate Bids 1 and 2. Synopsis
Bids were received Thursday, March 3, 2022 for the CSAH 61 Landscaping project. Five bids were received and are tabulated in the attached bid tabulation. The lowest base bid was from Cedar Ridge Landscaping, Inc. in the amount of $106,781.50 which was 15% below the engineer’s estimate. Including Alternate Bids 1 and 2, Cedar Ridge Landscaping, Inc. bid totaled $154,331.50, which is 21% below the engineer’s estimate. Alternate Bid 1 includes planting
landscaping materials on the south side of CSAH 61 and Alternate Bid 2 includes a two-year maintenance and watering contract. Staff has reviewed the bids and recommends awarding the contract to Cedar Ridge Landscaping, Inc. in the amount of $154,331.50, which includes Alternate Bids 1 and 2.
Background Information As part of the Construction Cooperative Agreement with Hennepin County for the reconstruction of CSAH 61 (Flying Cloud Drive), the City of Eden Prairie is responsible for the design and
administration of a landscaping project within Eden Prairie after completion of the corridor construction. Hennepin County will contribute up to $200,000 for their share of the landscaping contract. The City is responsible for any construction costs over $200,000 and any engineering and contract administrative costs. The City’s share of the project costs will be funded by Municipal State Aid. Attachments Letter of Recommendation Bid Tabulation
Construction Contract
K:\016739-000\Admin\Construction Admin\016739-000 LOR 030422.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM March 4, 2022
Honorable Mayor and City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
Re: CSAH 61 (FLYING CLOUD DRIVE) LANDSCAPE PROJECT City of Eden Prairie Project No. 20822 WSB Project No. 016739-000 Dear Mayor and Council Members:
Bids were received for the above-referenced project on Thursday, March 3, 2022, and were opened and read aloud. A total of 5 bids were received. The bids were checked for mathematical accuracy and tabulated and there are no errors made on the Proposal Form. The Engineer’s Estimate for the Base Bid was $125,550. The bid tabulation indicates the low bidder as Cedar Ridge Landscaping, Inc, Burnsville, MN with a base bid in the amount of $106,781.50,
Alternate 1 bid in the amount of $32,550, and Alternate 2 bid in the amount of $15,000. We recommend that the City considers these bids, accepts both Alternates 1 and 2, and awards a contract to Cedar Ridge Landscaping, Inc. in the total amount of $154,331.50 based on the results of the bids received.
Sincerely, WSB
Robert A. Slipka III, PLA Project Manager
Enclosure
cc: Carter Schulze, Rod Rue, City of Eden Prairie Michael Nelson-Ostrowski, WSB Nate Borchardt, Cedar Ridge Landscaping, Inc
jr
Bid Tabulation
CSAH 61 Landscape Project
City of Eden Prairie Project No.
20822 SP/SAP
No.181-020-032/027-661-052 WSB
Project No. 016739-000
Bid Opening: March 3, 2022 @ 10 am
DENOTES CORRECTED FIGURE
Line No.Material No.Item Units Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price
Base Bid
1 1 MOBILIZATION LS 1 $10,000.00 $10,000.00 $3,800.00 $3,800.00 $6,000.00 $6,000.00
2 2 STREET SWEEPER (WITH PICKUP BROOM)HOUR 24 $150.00 $3,600.00 $50.00 $1,200.00 $50.00 $1,200.00
3 3 LANDSCAPE BOULDERS EA 2 $900.00 $1,800.00 $2,300.00 $4,600.00 $2,000.00 $4,000.00
4 4 6" CONCRETE WALK SF 160 $90.00 $14,400.00 $25.49 $4,078.40 $26.00 $4,160.00
5 5 BENCH EA 3 $2,500.00 $7,500.00 $2,265.00 $6,795.00 $1,850.00 $5,550.00
6 6 TRAFFIC CONTROL LS 1 $20,000.00 $20,000.00 $7,080.00 $7,080.00 $6,000.00 $6,000.00
7 7 DECIDUOUS TREE 1.5" CAL CONT EA 136 $250.00 $34,000.00 $273.50 $37,196.00 $420.00 $57,120.00
8 8 ORNAMENTAL TREE 1.25" CAL CONT EA 27 $225.00 $6,075.00 $253.50 $6,844.50 $410.00 $11,070.00
9 9 DECIDIOUS SHRUB NO 2 CONT EA 377 $30.00 $11,310.00 $49.50 $18,661.50 $55.00 $20,735.00
10 10 VINES NO 1 CONT EA 406 $20.00 $8,120.00 $16.85 $6,841.10 $50.00 $20,300.00
11 11 PERENNIAL; CELL PACK EA 585 $5.00 $2,925.00 $6.00 $3,510.00 $7.00 $4,095.00
12 12 COMPOST GRADE 1 TON 7 $60.00 $420.00 $130.00 $910.00 $30.00 $210.00
13 13 MULCH MATERIAL TYPE 6 CY 90 $60.00 $5,400.00 $58.50 $5,265.00 $60.00 $5,400.00
$125,550.00 $106,781.50 $145,840.00
Alternate 1
14 14 DECIDIOUS TREE 1.5" CAL COUNT EA 113 $250.00 $28,250.00 $273.50 $30,905.50 $420.00 $47,460.00
15 15 COMPOST GRADE 1 TON 5 $60.00 $300.00 $130.00 $650.00 $30.00 $150.00
16 16 MULCH MATERIAL TYPE 6 CY 17 $60.00 $1,020.00 $58.50 $994.50 $60.00 $1,020.00
$29,570.00 $32,550.00 $48,630.00
Alternate 2
17 17 2 ADD'L YEARS OF LAND. MAINTENANCE &
WATERING CONTRACT LS 1 $40,000.00 $40,000.00 $15,000.00 $15,000.00 $18,000.00 $18,000.00
Total Alternate 2 $40,000.00 $15,000.00 $18,000.00
TOTAL BASE BID AND ALTERNATES $195,120.00 $154,331.50 $212,470.00
Total Base Bid
Total Alternate 1
Engineer Estimate Cedar Ridge Landscaping, Inc
Traverse des Sioux
Garden Center and Landscape
Bid Tabulation
CSAH 61 Landscaping Restoration
City of Eden Prairie Project No. 20822
SP/SAP No.181-020-032/027-661-052
WSB Project No. 016769-000
Bid Opening: March 3, 2022 @ 10 am
DENOTES CORRECTED FIGURE
Line No.Material No.Item Units Quantity Unit Price Total Price
Base Bid
1 1 MOBILIZATION LS 1 $10,000.00 $10,000.00
2 2 STREET SWEEPER (WITH PICKUP BROOM)HOUR 24 $150.00 $3,600.00
3 3 LANDSCAPE BOULDERS EA 2 $900.00 $1,800.00
4 4 6" CONCRETE WALK SF 160 $90.00 $14,400.00
5 5 BENCH EA 3 $2,500.00 $7,500.00
6 6 TRAFFIC CONTROL LS 1 $20,000.00 $20,000.00
7 7 DECIDUOUS TREE 1.5" CAL CONT EA 136 $250.00 $34,000.00
8 8 ORNAMENTAL TREE 1.25" CAL CONT EA 27 $225.00 $6,075.00
9 9 DECIDIOUS SHRUB NO 2 CONT EA 377 $30.00 $11,310.00
10 10 VINES NO 1 CONT EA 406 $20.00 $8,120.00
11 11 PERENNIAL; CELL PACK EA 585 $5.00 $2,925.00
12 12 COMPOST GRADE 1 TON 7 $60.00 $420.00
13 13 MULCH MATERIAL TYPE 6 CY 90 $60.00 $5,400.00
$125,550.00
Alternate 1
14 14 DECIDIOUS TREE 1.5" CAL COUNT EA 113 $250.00 $28,250.00
15 15 COMPOST GRADE 1 TON 5 $60.00 $300.00
16 16 MULCH MATERIAL TYPE 6 CY 17 $60.00 $1,020.00
$29,570.00
Alternate 2
17 17 2 ADD'L YEARS OF LAND. MAINTENANCE &
WATERING CONTRACT LS 1 $40,000.00 $40,000.00
Total Alternate 2 $40,000.00
TOTAL BASE BID AND ALTERNATES $195,120.00
I hereby certify that this is an exact reproduction of bids received.
Certified By:
License No. 44337
Date: March 4, 2022
Total Base Bid
Total Alternate 1
Engineer Estimate
Unit Price Total Price Unit Price Total Price Unit Price Total Price
$10,500.00 $10,500.00 $23,500.00 $23,500.00 $14,000.00 $14,000.00
$200.00 $4,800.00 $170.00 $4,080.00 $5.00 $120.00
$2,190.00 $4,380.00 $2,384.00 $4,768.00 $2,300.00 $4,600.00
$45.00 $7,200.00 $51.00 $8,160.00 $33.00 $5,280.00
$2,000.00 $6,000.00 $1,964.00 $5,892.00 $3,600.00 $10,800.00
$12,000.00 $12,000.00 $2,500.00 $2,500.00 $11,000.00 $11,000.00
$525.00 $71,400.00 $565.00 $76,840.00 $723.00 $98,328.00
$460.00 $12,420.00 $555.00 $14,985.00 $720.00 $19,440.00
$100.00 $37,700.00 $105.00 $39,585.00 $87.00 $32,799.00
$63.00 $25,578.00 $78.00 $31,668.00 $70.00 $28,420.00
$35.00 $20,475.00 $19.00 $11,115.00 $38.00 $22,230.00
$465.00 $3,255.00 $201.00 $1,407.00 $90.00 $630.00
$85.00 $7,650.00 $131.00 $11,790.00 $90.00 $8,100.00
$223,358.00 $236,290.00 $255,747.00
$525.00 $59,325.00 $565.00 $63,845.00 $725.00 $81,925.00
$465.00 $2,325.00 $201.00 $1,005.00 $90.00 $450.00
$85.00 $1,445.00 $131.00 $2,227.00 $90.00 $1,530.00
$63,095.00 $67,077.00 $83,905.00
$75,000.00 $75,000.00 $91,496.00 $91,496.00 $83,560.00 $83,560.00
$75,000.00 $91,496.00 $83,560.00
$361,453.00 $394,863.00 $423,212.00
JL Theis, Inc.Hoffman & McNamara Co.Friedges Contracting, Inc.
1/2022
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 15th day of March 2022_, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and _Cedar Ridge Landscaping, Inc.__, a ___Minnesota Corporation hereinafter referred to as the "CONTRACTOR",
WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. ___20822, CSAH 61 Landscaping______________________________
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 $__154,331.50_______________.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement
e. Contractor's Performance Bond
f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications (4) General Conditions
FC-2
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders 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 schedule provided in the Contract Documents.
VI. This Agreement shall be executed in one (1) copy.
(signature pages follow)
FC-3
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of _______________, 20___, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation.
_____________________________ Notary Public
CONTRACTOR
_Cedar Ridge Landscaping, Inc.___________
By: __________________________________ Printed Name: _________________________
Its: _______________________________
Title
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Change Order for Regional Center Road Water Main Lining Project
ITEM NO.:
VIII.M.
Requested Action Move to: Approve Change order in the amount of $50,527.40 for the Lining of the Regional
Center Road Water Main. Synopsis Increased costs due to a necessary expansion of the construction area resulted in additional
construction labor and materials. Background Information Regional Center Road has experienced far more water main leaks per unit length than any other
known segment of watermain in the city’s water distribution system. After several watermain leak repairs, it was decided to address the recurring leakage by inserting a non-corrosive liner into the pipe to prevent future emergency repairs. Even if the pipe continues to corrode, the epoxy resin type liner will serve as a “pipe within a pipe,” and will contain the water in spite of the condition of the host pipe. This rehabilitation method was performed by Michels Pipe
Services in the fall of 2021, and subsequent to the bidding of the project, additional pipe within the general project area was requested to be replaced which increased quantities of curb and gutter, street surface, earthwork, sidewalk, traffic control, and underground pipe repair materials which constitutes most of the change order costs for this request. In addition, the engineer’s initial estimated project quantities used in the project specifications were found to be slightly
conservative when the site was excavated, so an additional $4,976 of this change order is to allow for the actual field measured overages of these quantities. This project is funded by the water utility enterprise capital improvement budget. Attachment Pay Estimate with Change-Order Detail
ESTIMATE OF PAYMENT OF CONTRACT
Date:#1 to
No.
1
Deductions
2
3
5%
Est No.Est No.
Est No.Est No.
Est No.Est No.
Est No.Est No.
14 day of Approved and recommended for Payment this
14 day of 2021
By:
By:
Approved By:
I declare under penalty of perjury tht this account claim or
demand is just and correct and that no part of it has been
paid.
Start 11/30/2021
City Improvement Contract No.#207040
Name and Nature of Project Regional Center Rd. Watermain Rehabilitation
12/14/2021 Estimate No.For period from
ORIGINAL CONTRACT AMOUNT $226,479.00……………………………………………………………
Percent completed after this estimate:95%
Date Approved Additions
$50,527.40 (CO 1 total includes field measured overages)
$5074.00
$50,527.40
$5074.00
$45,453.40
$271,932.40
$0.00
$271,932.40
Total Additions……………….
Total Deductions…………….
Sub Total………………………..
Contract Amount to Date………………………………………………………………………..
Materials Stored……………………………………………………………………………………..
Total Completed and Stored……………………………………………………………………..
Less Retainage ………………………………………………………………………
Amount.:
Amount.:
$13,596.62
$258,335.78
$0.00
Amount.:
Amount.:
Total earned Less Retainage…………………………………………………………………….
Amount.:
Amount.:
Contractor:Project Engineer:Hansen Thorp Pellinen Olson, Inc.
Amount.:
Amount.:
Address:
Michels Pipe Services
PO Box 128, 817 Main St
$258,335.78Total Paid to Date (Including this Estimate):
Less Previous Payments……………………………………………………………………………
Brownsville, WI 53006
$258,335.78……………………………………………………………
Payment requested this
December 2021 December
AMOUNT DUE THIS ESTIMATE
Adam Pawelk
Owner Approval: ________________________________________ ________________________14 December 2021
Name:Michels Pipe Services PAY REQUEST Name:Regional Center Rd. Watermain Rehabilitation
Address:PO Box 128, 817 Main St Date Owner:City of Eden Prairie
Brownsville, WI 53006 12/14/2021 Contract:City Project #207040 HTPO Project #21-018
Phone:920-924-4300 Period:Start through 11/30/2021
Request Project Engineer:Hansen Thorp Pellinen Olson, Inc.
#1
Quantity Earnings Quantity Earnings
Item This This To To
#Period Period Date Date
1 Mobilization 1 Lump Sum $42,790.00 $42,790.00 1 $42,790.00 1 $42,790.00
2 Temporary Traffic Control 1 Lump Sum $11,735.00 $11,735.00 1 $11,735.00 1 $11,735.00
3 Remove Concrete Curb and Gutter 20 Lin. Ft.$18.00 $360.00 20 $360.00 20 $360.00
4 Remove Bituminous Pavement (Includes Sawcutting)70 Sq. Yd.$46.00 $3,220.00 70 $3,220.00 70 $3,220.00
5 Remove Watermain 30 Lin. Ft.$9.00 $270.00 30 $270.00 30 $270.00
6 Remove Hydrant (Includes Gate Valves)2 Each $6,403.00 $12,806.00 2 $12,806.00 2 $12,806.00
7 Tree Protection Fence 50 Lin. Ft.$3.00 $150.00 0 $0.00 0 $0.00
8 Inlet Protection 3 Each $138.00 $414.00 3 $414.00 3 $414.00
9 Sediment Control Logs 100 Lin. Ft.$6.00 $600.00 100 $600.00 100 $600.00
10 Street Sweeping 8 Hour $158.00 $1,264.00 4 $632.00 4 $632.00
11 8" Watermain CIPP Lining 465 Lin. Ft.$94.00 $43,710.00 465 $43,710.00 465 $43,710.00
12 Hydrant w/ Gate Valve and Box 2 Each $15,051.00 $30,102.00 2 $30,102.00 2 $30,102.00
13 6" Gate Valve and Box 1 Each $9,949.00 $9,949.00 1 $9,949.00 1 $9,949.00
14 8" Gate Valve andBox 2 Each $15,051.00 $30,102.00 2 $30,102.00 2 $30,102.00
15 MJ DIP Fittings 525 Lbs.$17.00 $8,925.00 352 $5,984.00 352 $5,984.00
16 6" DIP CL. 52 Watermain 34 Lin. Ft.$71.00 $2,414.00 34 $2,414.00 34 $2,414.00
17 8" DIP CL. 52 Watermain 30 Lin. Ft.$90.00 $2,700.00 30 $2,700.00 30 $2,700.00
18 Pipe Bedding 40 Ton $49.00 $1,960.00 38 $1,862.00 38 $1,862.00
19 Class 5 Aggregate Base (100% Crushed Quarry Rock)45 Ton $56.00 $2,520.00 45 $2,520.00 45 $2,520.00
20 Wear Course (SPWEA230B)10 Ton $337.00 $3,370.00 10 $3,370.00 10 $3,370.00
21 Non-Wear Course (SPNWB240B)20 Ton $367.00 $7,340.00 20 $7,340.00 20 $7,340.00
22 Tack Coat 10 Gal $6.00 $60.00 5 $30.00 5 $30.00
23 B618 Concrete Curb and Gutter 20 Lin. Ft.$71.00 $1,420.00 20 $1,420.00 20 $1,420.00
24 Pavement Markings 1 Lump Sum $1,531.00 $1,531.00 1 $1,531.00 1 $1,531.00
25 Sod 100 Sq. Yd.$11.00 $1,100.00 0 $0.00 0 $0.00
26 Topsoil Borrow (LV)15 Cu. Yd.$41.00 $615.00 12 $492.00 12 $492.00
27 Irrigation System Repair 3 Lot $1,684.00 $5,052.00 3 $5,052.00 3 $5,052.00
$226,479.00 $221,405.00 $221,405.00
Item Description Unit Price Contract Price
Original Contract Total:
Unit of
Measurement Contract Quantity
Change Order #1 Quantity Earnings
Item Unit Contract Unit Contract This This
#Item Description Amount Qty Price Price Period Period
1 Remove Concrete Curb and Gutter 80 LF $18.00 $1,440.00 80 $1,440.00
2 Remove Bituminous Pavement (Includes Sawcutting)124 SY $46.00 $5,704.00 124 $5,704.00
3 Remove Watermain 105 LF $9.00 $945.00 105 $945.00
4 6" DIP CL. 52 Watermain 43 LF $90.00 $3,870.00 43 $3,870.00
5 8" DIP CL. 52 Watermain 28 LF $90.00 $2,520.00 28 $2,520.00
6 Class 5 Aggregate Base (100% Crushed Quarry Rock)68 Ton $56.00 $3,808.00 68 $3,808.00
7 Wear Course (SPWEA230B)2 Ton $337.00 $674.00 2 $674.00
8 Non-Wear Course (SPNWB240B)49 Ton $367.00 $17,983.00 49 $17,983.00
9 B618 Concrete Curb and Gutter 80 LF $71.00 $5,680.00 80 $5,680.00
10 Additional Traffic Control 1 LS $4,803.40 $4,803.40 1 $4,803.40
11 Remove and Replace 5" Concrete Sidewalk 110 SF $25.00 $2,750.00 110 $2,750.00
12 Erosion Control Blanket and Seed 100 SY $3.50 $350.00 100 $350.00
$50,527.40 Change Order #1 Total:
CITY COUNCIL AGENDA
SECTION: Report of the Parks and Recreation Director
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
3rd and 4th of July Fireworks Contract
RES Pyro
ITEM NO.:
VIII.N.
Requested Action Move to: Authorize entering into an Agreement with RES Pyro for the July 3rd and 4th
Fireworks display in the amount of $30,000. Synopsis
The City of Eden Prairie has provided a high-quality 4th of July Hometown Celebration for the
past 30 years. RES Pyro has been a part of that celebration for 15 years. The Parks and Recreation Department would like to contract with RES Specialty Pyrotechnics again in 2022, for a fee of $30,000, which will be split between two dates. July 3rd will have a 5-8 minutes show for families and children for a fee of $5,000 and July 4th will have its traditional 20-24 minute
show for $25,000.
Background In January of 2022, Parks and Recreation staff asked for proposals for 2022 and 2023 from three
fireworks companies: RES Pyro, Hollywood Pyrotechnics, Inc. and J&M Displays. After
reviewing the proposals closely, staff is recommending RES Pyro. RES Pyro has always provided an outstanding firework display in Eden Prairie. They have also worked well with Parks and Recreation and the Fire Department staff.
Over 10,000 people gather around Round Lake Park and the surrounding area on the 4th of July
to view and enjoy the spectacular fireworks display shot off over the lake. An impressive fireworks display adds tremendous value to the event, invoking a since of community pride. The addition of the July 3rd display for kids and families was very well received in 2021, with a feeling of something special for our youngest residents. Attachment Standard Agreement for Professional Services
Standard Agreement for Professional Services
July 3rd and 4th Fireworks
This Agreement (“Agreement”) is made on the fifteenth day of March, 2022, between the City of
Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and RES Pyro a Minnesota pyrotechnics company (hereinafter "Consultant")
whose business address is 21595 286th Street, Belle Plaine, MN 56011.
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 Providing Fireworks and Pyrotechnic Operations for the 3rd and 4th of July
Celebration at Staring Lake and Round Lake Park 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 listed with
in their proposal. The terms of this Agreement shall take precedence over any
provisions of the Consultants proposal and/or general conditions. If the Consultants
proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any
general conditions in such proposal.
2.Term. The term of this Agreement shall be from March 15, 2022 through July 4, 2022 the
date of signature by the parties notwithstanding. This Agreement may be extended upon
the written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
3.Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $25,000 for the 4th of July and $5000 for the 3rd
of July for the services as described in Exhibit A.
A.Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
B.Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City.
C.If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, 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.
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Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project.
D. City's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services
provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a
progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on 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
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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 has designated ___Erv Haman__ to
serve on the Project. They 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 designated staff from the Project without the
approval of the City. Day-of pyrotechnic staff will be listed in the permit and insurance
documents, along with Operator Licenses as attachments.
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. Audit Disclosure and Data Practices. Any reports, information, data, etc. 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. 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. 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.
9. 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. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails
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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. 11. 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.
12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General Liability $1,500,000 property damage and bodily injury per occurrence
$2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
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cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work
performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent.
g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement.
k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
l. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein.
m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
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o. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City,
the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. 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. 13. 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.
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14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. 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. 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. 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. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City.
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20. 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. 21. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. 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. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager
FIRM NAME
By: _________________________________________
Its:
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: I.C. 17-5990
Order Feasibility Report for Urban Street Design including Utility Improvements on Dell Road from Crestwood Terrace to CSAH 61 (Flying
Cloud Drive)
ITEM NO.:
VIII.O.
Requested Action Move to: Adopt resolution authorizing the preparation of a feasibility report for urban street design including utility improvements to serve the area adjacent to Dell
Road from Crestwood Terrace to CSAH 61 (Flying Cloud Drive).
Synopsis
Due to recent discussions with area residents and the City Council regarding the Dell Road
Improvements, completion of the CSAH 61 (Flying Cloud Drive) improvements and completion of the Eden Prairie Road improvements, there is interest in moving this project to the next phase. A feasibility study will provide further analysis and engineering to determine the scope of the project, the estimated project costs, and an assessment methodology. Since the action to order
this feasibility study for these improvements does not include a petition, authorization of the
feasibility study would be by Council initiative and will require at least four affirmative votes to order the improvements. Background Information
Work on upgrading this connection has been ongoing since 2006. Several neighborhood meetings and City Council workshops have occurred over the years in an effort to understand this project’s complexity and design challenges. At the March 1, 2022 City Council Workshop, city staff provided a recommended layout that included an urban street design connecting Dell
Road between Flying Cloud Drive and Crestwood Terrace for which the Council was supportive.
Considering the current condition of this gravel section of Dell Road causes ongoing safety and maintenance concerns as well as air quality and creek water quality issues, and the development potential of some adjacent parcels is likely in the coming years, this is an appropriate time to
initiate a feasibility report for the Dell Road Improvements. The feasibility report will provide a
more thorough analysis of the entire corridor including proposed financing, utility needs and a safe urban road and trail design that is consistent with City standards. Completing this study will prepare the City for likely development related coordination with respect to ROW needs and project timeline.
We will be bringing a professional services agreement from WSB & Associates, Inc. to a future city council meeting for approval. This agreement will define the scope of services to provide
assistance in the preparation of the feasibility report.
Attachment Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022- RESOLUTION ORDERING FEASIBILITY REPORT FOR
DELL ROAD IMPROVEMENTS
WHEREAS, it is proposed to make the following improvements:
I.C. 17-5990:
Urban street and utility improvements on Dell Road from Crestwood Terrace to CSAH 61 (Flying Cloud Drive) including sanitary sewer, watermain, storm sewer, curb and gutter, streets and trails to serve the area south Crestwood Terrace.
and assess the benefited properties for all or a portion of the cost of the improvements, pursuant to
Minnesota State Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
That the proposed improvements be referred to the City Engineer for study with the
assistance of WSB & Associates, Inc., and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements.
ADOPTED by the Eden Prairie City Council on March 15, 2022.
______________________________
Ronald A. Case, Mayor
ATTEST: SEAL
_________________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Accept Quotes and Award Contracts for EAB Infested Tree Removals
ITEM NO.:
VIII.P.
Motion Move to: Accept quotes and award contracts for EAB Infested Tree Removal on private property to Davey Tree Expert Company in the amount of $22,300.00 and
Shadywood Tree Experts in the amount of $22,357.50. Synopsis
Emerald ash borer has continued to spread throughout the region. In order to combat the spread,
infested trees are marked and removed during the winter months when EAB beetles are not active. As part of our Shade Tree Pest Control ordinance, trees located on private property that are identified as being infested with EAB and are not removed in the timeframe provided, City staff request quotes for the removal of those trees and that cost is billed back to the property owner. Staff identified a number of trees that have not been removed and now must be abated. Quote Summary The summary of the quotes submitted is as follows:
Site
Davey
Bids
Shadywood
Bid
Rainbow
Treecare
Tree
Trust
17305 Pioneer Trl $3,225.00 $3,105.00 No Bid No Bid
18891 Maple Leaf Dr $1,560.00 No Bid No Bid No Bid
6521 Rowland Rd $3,225.00 No Bid No Bid No Bid
6453 Regency Ln $4,160.00 $4,960.00 No Bid No Bid
8751 Preserve Blvd $2,600.00 $4,650.00 No Bid No Bid
7525 Office Ridge
Cir $1,560.00 $1,180.00 No Bid No Bid
7535 Office Ridge
Cir $1,560.00 $837.50 No Bid No Bid
7540 Office Ridge
Cir $740.00 $580.00 No Bid No Bid
PID: 1111622420049 $1,090.00 $780.00 No Bid No Bid
PID: 1411622440034 $4,415.00 $7,800.00 No Bid No Bid
8015 Glen Ln $1,140.00 $1,625.00 No Bid No Bid
10145 Wild Duck
Pass $3,120.00 $2,950.00 No Bid No Bid
7995 Glen Ln $1,965.00 $1,825.00 No Bid No Bid
8040 Glen Ln $940.00 $750.00 No Bid No Bid
8022 Glen Ln $940.00 $740.00 No Bid No Bid
10224 Antlers Ridge $5,200.00 No Bid No Bid No Bid
9154 Fox Run Cir $3,120.00 $2,135.00 No Bid No Bid
8491 Crane Dance
Trl $3,120.00 $2,450.00 No Bid No Bid
12200 Singletree Ln $2,400.00 $1,545.00 No Bid No Bid
8340 Crystal View
Rd $4,500.00 $3,480.00 No Bid No Bid
Attachments
Shadywood Tree Experts Bid Request Davey Tree Expert Company Bid Request
3)COMMENCEMENT AND COMPLETION OF WORK
4.1.All work shall be completed by April 15, 2022.
4.2. The invoices shall indicate the# of tree(s) and address for the tree(s).
4.3. Email, Mail, or deliver invoices to:
Lauren Stufft
City of Eden Prairie Parks and Natural Resources
15150 Technology Dr., Eden Prairie, MN 55344
-Or-lstufft@edenprairie.org
4.4. The undersigned, after having personally examined the plans, specifications, for the proposed work,
hereby proposes to furnish all labor, materials, equipment and service necessary for tree removal. 4.5. The undersigned further agrees to fully complete all such work and to maintain the entire work in a
proper and workman like manner until approved and accepted by the Parks and Natural Resources
Manager in accordance with this contract.
4.6. The undersigned further proposes to comply with all legal requirements of contractors on public
property.
4.7. It is hereby agreed that the City of Eden Prairie has the right to reject this proposal or to award the
work to the undersigned at the prices stipulated. The City of Eden Prairie also reserves the right to
increase or decrease the quantity of work as indicated in the original proposal at any time.
By signing below the contractor agrees to meet all requirements listed as conditions and specifications of this
document, along with the 'City of Eden Prairie Requirements for Contract Services' found below. If the city accepts
the proposed bid, a city representative will sign below and return to the company, making this a formal contract.
Contractor signs at time of bid.
Legal Name of-Company'4 oJ 1)7:11-AvL S . l+op(ii. ,0Si {v1)-�
Legal Address of Company
By�
Authorized Company Representative Date
City fills out after accepting bid.
Authorized By _________________ _City of Eden Prairie Representative Date
Contractor has the lowest bid for a site in this contract and can move forward with work as soon as a copy signed
by the city is received.
Page 5 of26
- see City signatures on final page of contract -
City's Acceptance of Bid (see page 5):______________________________Ronald A. Case, Mayor_______________________________Rick Getschow, City ManagerDate: __________________________
- see City signatures on final page of contract -
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/ Sarah Strain
ITEM DESCRIPTION:
Schulman Addition
ITEM NO.:
IX.A.
Requested Action
Move to:
• Close the Public Hearing; and
• Approve the 1st and 2nd Reading of the Ordinance for a Zoning District Change from
Rural to R1-13.5 on 2.477 acres
• Adopt a Resolution for a Preliminary Plat to divide 2 lots into 2 lots on 2.477 acres Synopsis
The applicant is requesting approval to create two (2) single-family lots. The applicant owns two (2) properties on Riverview Road totaling 2.477 acres. These properties consist of 12076 Riverview Road and a 0.47 acre strip of land that previously was used as a road. The preliminary plat proposes to alter the property lines to divide the 2.477 acres more evenly to create two (2)
buildable lots. The existing single family home will be kept as part of this project. The new lot is proposed to be developed with a single family home at a future date. The properties are bordered by single-family development on all sides. Due to the limited impact of the proposed zoning change, first and second readings for the proposed zoning district change are being brought forward for the Council’s consideration.
Zoning The properties are guided for Low Density Residential, which allows a maximum of five (5) dwelling units per acre. The proposed density is one (1) unit per acre, consistent with current guiding.
The subject properties are currently zoned Rural. The applicant is requesting to rezone the properties to R1-13.5, which is consistent with the Comprehensive Plan guiding for the property. The existing house will conform to all R1-13.5 setback requirements. The surrounding properties are zoned R1-13.5 and R1-9.5.
Preliminary Plat The preliminary plat includes two (2) single family lots. Lot 1 with the existing house will be approximately 57,900 square feet. Lot 2 will be approximately 41,200 square feet. Both lots meet dimensional standards for minimum lot width, depth, and frontage on a public street in the R1-
13.5 zoning district. There are no waivers requested from zoning standards.
12076 Riverview Road bisected by a powerline. The powerline has a large utility easement, shown on the
image on the right. No structures can be built within
or encroach into the easement. Between the utility easement and standard R1-13.5 setback requirements, the proposed lots have much smaller buildable areas than gross lot area. Lot 1 will have approximately
13,117 square feet of buildable area. Lot 2 will have
about 25,887 square feet of buildable area. Future lot subdivisions will not be possible due to the lot dimensional standards of the R1-13.5 zoning district, the need for all lots to provide a minimum public
street frontage, and the utility easement constricting
buildable area. A portion of Riverview Road will be dedicated to the City as public right-of-way through the platting
process. The current driveway to the existing house
will be removed, and two (2) new driveways will be constructed off of Riverview Road to serve the new lots. The existing driveway will require temporary encroachment agreement between the applicant and
the neighboring property owner to remove it as it encroaches on the neighbor’s property Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the February 14, 2022 meeting.
Attachments 1. Ordinance for Rezoning of Property 2. Ordinance Summary
3. Resolution for Preliminary Plat
4. Staff Report 5. Unapproved Planning Commission Minutes
SCHULMAN ADDITION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2022-PUD-_-2022
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-13.5 Zoning District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District and shall be included hereafter in the R1-13.5 Zoning District, and the legal descriptions of land in each Zoning District referred to in City Code Section 11.03, Subdivision1, Subparagraph B, shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions as outlined in
Resolution No. 2022-______. Section 6. 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 15th day of March, 2022, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of March, 2022.
ATTEST: _____________________________ _____________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on__________________, 2022.
EXHIBIT A
LEGAL DESCRIPTION
Tracts A and B, Registered Land Survey No. 640, Hennepin County, Minnesota. Torrens Property
SCHULMAN ADDITION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. -2022-PUD-_-2022
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,
REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 12076 Riverview
Road from the Rural Zoning District to the R1-13.5 Zoning District. Exhibit A, included
with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
___________________________ _____________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 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-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF SCHULMAN ADDITION FOR TAMMY SCHULMAN
WHEREAS, the Preliminary Plat for Schulman Addition has been submitted in a manner required for subdividing land under the Eden Prairie Ordinance Code and under Chapter 505 of the Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED, by the Eden Prairie City Council as follows:
A. The preliminary plat of Schulman Addition for Tammy Schulman stamp dated March 10, 2022, and consisting of 2.477 acres into 2 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of a
Zoning District change.
B. Prior to the release of the Final Plat for the Property, an assessment agreement with the City must be signed by the owner of the Property for trunk sewer and water assessments on an assessable area of 2.477 acres in the amount of $22,590.41
C. Park dedication fees for Lot 1, Block 1 shall be paid prior to the release of Final Plat. Park dedication fees for Lot 2, Block 1 shall be paid at the time of building permit issuance.
D. No lot may be sold or transferred to the first intended residential homeowner, nor an
agreement entered into to construct a home on any lot within the Property unless the Owner or its successors or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot (whichever comes first), a disclosure statement in form and substance as attached as Exhibit A hereto regarding the
Flying Cloud Airport. If the initial purchaser of a lot from the Owner is not the initial
intended homeowner of a residence to be constructed on the lot, Owner must require by contractual obligation with its initial purchaser the delivery of the disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot (whichever comes
first).
E. Prior to issuance of any residential building permit for the Property, Developer must submit to the City Building Official, and obtain the City Building Official’s written
approval of plans that establish that the residence is designed to meet the structural performance standards for residential interior sound levels described in the Metropolitan
Council’s most current Transportation Policy Plan.
F. Prior to issuance of any land alteration permit for the Property, the Owner shall submit to the City a temporary access agreement made between the Owner and the property owner of 10386 Concord Drive facilitating the removal of the existing driveway.
ADOPTED by the Eden Prairie City Council on the 15th day of March, 2022.
_______________________________ Ronald A. Case, Mayor
ATTEST:
__________________________
Nicole Tingley, City Clerk
EXHIBIT A
SCHULMAN ADDITION DISCLOSURE OF INFORMATION
Owner shall cause the following notice to be given, either from Owner itself or Owner’s successors in interest to any portion of the Property, to all residential home purchasers of lots within the Property who intend to occupy a residence on such lot, prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property, whichever occurs first:
The Property is located near the Flying Cloud Airport, a public use airport owned and operated by the Metropolitan Airports Commission. The Airport is available 24 hours a day, year round. The Airport operates two parallel east/west runways, and a north/south crosswind runway, all
which are lighted.
The Airport accommodates aircraft operations from single and multi-engine propeller aircraft; corporate jet aircraft; helicopters; and pilot training facilities; which may affect the Property. Further information regarding the airport can be obtained from the Airport Manager, Telephone
No,: 952-944-1035.
STAFF REPORT
TO: Planning Commission FROM: Sarah Strain, Planner II
DATE: February 14, 2022 SUBJECT: Schulman Addition LOCATION: 12076 Riverview Road
REQUEST: • Zoning District Change from Rural to R1-13.5 on 2.47 acres
• Preliminary Plat to create two (2) lots on 2.47 acres 120 DAY REVIEW PERIOD DEADLINE:
May 5, 2022
BACKGROUND The applicant is requesting approval to create two (2) single-family lots. The applicant owns two (2) properties on Riverview Road totaling 2.47 acres. These properties consist of 12076 Riverview Road, a two (2) acre parcel with an existing home and a 0.47 narrow strip of land that used to be a road. The preliminary plat proposes to alter the property lines to divide the total 2.47 acres more
evenly to create two (2) buildable lots. The existing single family home will be kept as part of this project. The new lot is proposed to be developed as a single family home at a future date. The properties are bordered by single-family development on all sides. GUIDING AND ZONING
The properties outlined in bold/black in the image to the right are currently zoned Rural. The grey strip is the 0.47 acres owned by the applicant and is zoned Rural even though it looks like
right-of-way on the map. The applicant is requesting to rezone the properties to R1-13.5. The surrounding properties are zoned R1-13.5 and R1-9.5.
The properties are guided for Low Density Residential, which allows a maximum of five (5) dwelling units per acre. The proposed density is one (1) unit per acre, consistent with current
guiding.
R1-13.5
R1-9.5
Staff Report – Schulman Addition
February 14, 2022 Page 2
2
PRELIMINARY PLAT
The proposed preliminary plat includes two (2) single family lots. The lot with the existing house
will be approximately 57,900 square feet. The new lot will be approximately 41,200 square feet, meeting the size requirements of the R1-13.5 zoning district. Both lots meet dimensional standards for minimum lot width, depth, and frontage on a public street. The existing house meets front, side, and rear lot setbacks for the proposed zoning district.
The larger of the two (2) properties is bisected by a powerline. The powerline has a large utility easement, shown on the image on the left. Based on the terms of the easement, no structures can be built
within or encroach into the easement. Between the
utility easement and standard R1-13.5 setback requirements, the two (2) proposed lots have smaller buildable areas than gross lot area. The lot with the existing house will have approximately
13,117 square feet of buildable area. The new lot
will have about 25,887 square feet of buildable area. Future lot subdivisions will not be possible due to the lot standards of the R1-13.5 zoning district, the need for all lots to provide a minimum
public street frontage, and the utility easement
constricting buildable area. A portion of Riverview Road will be dedicated to the City as public right-of-way through the platting
process. The current driveway will be removed, and
two (2) new driveways will be constructed off of Riverview Road to serve the new lots. The existing driveway will require temporary encroachment agreement between the applicant and the neighboring property owner to remove it as it encroaches on the neighbor’s property.
AIRPORT The properties are located in Airport Safety Zone C. Airport Safety Zone C encompasses all properties within one (1) mile of the airport. Restrictions in Safety Zone C are height and radio or electrical interference. The maximum height allowed in the R1-13.5 zoning district is lower than the
maximum height permitted by Airport Safety Zone C. Single family residential uses do not pose a
hazard for radio or electrical interference, consistent with airport zoning requirements. The Resolution approving the preliminary plat will include language regarding noise mitigation and airport disclosure requirements for the new lot.
Staff Report – Schulman Addition
February 14, 2022 Page 3
3
UTILITIES
The existing house is serviced by City sewer and water. There are stub connections available for City
sewer and water available in Riverview Road for the proposed lot. A Special Assessment Agreement will be required for City trunk sewer and water assessment fees, and connection fees will be required for a new house constructed on the new lot.
NEIGHBORHOOD MEETING
The applicant mailed letters to neighboring properties within 500 feet explaining the proposed project. The applicant shared with staff that the only questions they received are about impacts to the gas line that runs in this area. The gas line is located just to the east of the subject properties. There are no easements related to the gas line on the subject properties and no impact to the gas line.
As of February 8, staff has not received any comments on the proposed project from adjacent or nearby property owners. STAFF RECOMMENDATION
Staff recommends approval of the following:
• Zoning District Change from Rural to R1-13.5 on 2.47 acres
• Preliminary Plat to create 2 lots on 2.47 acres
This is based on plans dated February 2, 2022, and staff report dated February 14, 2022 and the
following conditions: 1. Prior to release of the Final Plat, the applicant shall: A. Sign a Special Assessment Agreement for City trunk sewer and water assessment
fees.
B. Obtain a temporary encroachment agreement from the neighboring property owner (10386 Concord Drive) to remove the existing driveway. C. Pay the appropriate cash park fees for the lot containing the existing home.
2. Prior to building permit issuance for the newly created property, the property owner shall:
A. Pay the appropriate cash park fees. B. Obtain an Airport Zoning Permit.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 14, 2022 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Rachel Markos, Carole Mette, William Gooding, Robert Taylor CITY STAFF: Julie Klima, Community Development Director; Matt Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Acting Chair Farr called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Absent were commission members Pieper, Markos, DeSanctis and Gooding.
III. APPROVAL OF AGENDA
MOTION: Higgins moved, seconded by Taylor to approve the agenda. MOTION
CARRIED 5-0.
IV. MINUTES
MOTION: Taylor moved, seconded by Mette to approve the minutes of January 10,
2022. MOTION CARRIED 5-0.
V. PUBLIC HEARINGS
A. SCHULMAN ADDITION Request for:
• Zoning District Change from Rural to R1-13.5 on 2.47 acres
• Preliminary Plat of 2 lots on 2.47 acres
Tammy Schulman, resident at 12076 Riverview Road, thanked the commission
and displayed a PowerPoint of the application. She proposed to divide the
property into two lots, one approximately an acre and the other slightly under an
acre on which the house stood. The driveway now encroached on neighboring
PLANNING COMMISSION MINUTES February 14, 2022
Page 2
land, and she wished to correct this. She proposed a rezoning in keeping with the
surrounding neighborhood to preserve property sizes and repave the driveway.
Mette asked if during the process there was consideration given to dividing it
further. Schulman replied she had considered it, but as a thirty-year resident it was
important to her to preserve the character of the neighborhood. In communication
with her neighbors she had found they would also oppose greater density, and she
also rejected it despite comments from others about the financial awards of
subdividing into more lots. Farr asked for and received confirmation Schulman’s
neighbors supported the change and would sign the encroachment agreement. Farr
asked if there were significant grade changes to be made. Schulman replied the
new driveway would actually remain on the same grade while being 100 feet
shorter.
Klima presented the staff report. This request was consistent with the
Comprehensive Plan and with surrounding properties. Further subdivision would
not have an opportunity given the easement encumbrances. This was not a PUD
request, so no waivers were being requested. Staff recommended approval.
MOTION: Kirk moved, seconded by Higgins to close the public hearing. Motion
carried 5-0.
MOTION: Kirk moved, seconded by Mette to recommend approval of the
Zoning District Change from Rural to R1-13.5 on 1.99 acres and a Preliminary
Plat of 2 lots on 2.47 acres based on plans stamp dated February 2, 2022 and the
staff report dated February 14, 2022. Motion carried 5-0.
B. CHICK-FIL-A Request for:
• Planned Unit Development Concept Review on 1.27 acres
• Planned Unit Development District Review with waivers on 1.27 acres
• Site Plan Review on 1.27 acres
Justin Lurk of Chick-Fil-A presented a PowerPoint and detailed the application. This would be a locally owned and operated family franchise. The applicant proposed to build a 5,000 square foot Chick- Fil-A fast food restaurant on the site. The Covid-19 pandemic had changed the customer service experience and consumer habits toward drive-throughs and mobile app pickup services. The
drive-through would be expanded from two to four lanes, though the two lanes narrowed down to one after the order board and widened back out to two pick-up lanes. The dual-flex lane, as he termed it, would give the operator to use that lane either for mobile order sales during peak hours or for another drive-through delivery lane. The proposed structure met and exceeded City Code requirements
PLANNING COMMISSION MINUTES February 14, 2022
Page 3
for building materials and architectural standards. The building would be
primarily brick with metal accents and had been approved previously, except for
the addition of a column to match the canopy. A double-lane canopy would cover the pickup area. 32 cars were allowed in the drive-through before traffic could spill into the parking lot, making it one of the
larger drive-throughs in the area. Three waivers were being requested: a less than
the five-foot width requirement for two parking islands, a 7.3 foot instead of a 20-foot side setback, and dual order boards at 20 square feet each instead of the 32 square feet total restriction. The landscaping plan exceeded City Code requirements.
Mette asked if the landscaping plantings would shield the drive-through car-stacking more than the site she had observed in Chanhassen. Jeff Westendorf, civil engineer and landscape architect, replied the variety of shrubs and trees would screen the car-stacking, though the developer was restricted by the
easements. Farr noted some sedum and coneflowers among other desirable native
plants and encouraged more non-deciduous shrub screening between the tree canopy and the ground plantings. Taylor asked for traffic number projections during the peak hours of Monday
through Thursday. Lurk replied peak hours were on Friday and Saturday as well,
and actual traffic counts could range from 150 to 250 cars per hour. Mette asked if there could be a possible traffic backup up to the new development at Castlemoor Drive. Lurk replied there were two directions in which to turn, rather than just one, and there was no potential backup between Castlemore and Flying Cloud
Drive in the traffic study.
Farr asked Lurk to explain the south driveway expanding into three lanes, and then having one lane entering and one lane exiting, as he did not see a merging opportunity in the extra drive-through/pickup lane for additional stacking. Lurk
replied the first two lanes were for the drive-through should traffic back up that
far. The third lane would be for circulation around the canoe island if the traffic was stacked up. The second lane would be used for cars entering and then turning left to arrive at the front of the store and clear signage would facilitate that, as well as “Do Not Enter” signs. Pavement painting would indicate which lanes were
drive-throughs from the ring road. Jonathan Smith, resident at 11827 Harvest Lane, asked for information on the possible impacts on the area, especially regarding tree replacement and landscaping plantings. He asked if the two-lane canopy would encroach on the
sidewalk and greenery and dining space. Farr replied the drive-through lanes were not changing from the previously approved plan. There was a public area north of the site with sidewalks and benches and shrugs, and this design would not pass the property line. Mette noted the three-dimensional rendering appeared to
PLANNING COMMISSION MINUTES February 14, 2022
Page 4
overhang an area that it in fact would not. Lurk added the edge of the canopy
columns would be at the back of the curve of the drive-through, and there would
be 7.3 feet between the tip of the canopy and the public area. Klima presented the staff report. This plan had come before the commission multiple times and was the final version. The canopy and modifications to the
drive-throughs were new, along with the three waivers. The common property
line included the gathering public area between this and the Bank of America site, so the side yard setback was not a concern since there was an excess of space. Staff recommended approval.
Farr asked Rue to address the internal circulation with the private internal road.
Rue replied when the other phases were approved in this area there was an overall traffic study done for all developments, and then an amended study done, looking at the connection points to the public system. There would be a lot of internal traffic at this site, so proper signage would be critical. Farr asked Bourne to weigh
in on Farr’s suggestion of better screening between the tree canopy and native
plantings. Bourne replied staff could consider this and see if it called for evergreen shrugs, et cetera. Mette added the public plaza could also use a landscape buffer to make it more pleasant. Farr agreed, noting there would be more cars stacking up in that area.
Kirk stated he found Lurk’s comments regarding the changes in customer service due to Covid-19 to be interesting and something the commission and the City might take note of for future developments. Mette agreed and stated it raised the question of how to make drive-throughs more pleasant, as multiple drive-throughs
like this were preferable to cars backing up to the entrance. Farr asked staff to
address the nonrecessed illumination globe beneath the canopy. Klima replied staff had reviewed this design and had no concerns. MOTION: Higgins moved, seconded by Kirk to close the public hearing. Motion
carried 5-0.
Mette commended the proposal and its unobtrusive, minimalistic canopy that blended well with the building. Kirk agreed, calling this design a “snapshot of the future” and commending its implementation. Higgins raised her concern that walking, rather than driving, would be a trend in the future for both children and adults, particularly seniors. She agreed good signage would facilitate car and
pedestrian traffic circulation. Taylor agreed with Higgins’ point but also commended the project, noting the franchise’s history of customer service and hospitality. He had visited Chick-Fil-A with his leadership team years ago which was instructive and could be brought to this franchise as well. Farr also commended the proposal.
PLANNING COMMISSION MINUTES February 14, 2022
Page 5
MOTION: Mette moved, seconded by Taylor to recommend approval of the
Planned Unit Development Concept Review on 1.27 acres; Planned Unit
Development District Review with waivers on 1.27 acres; and a Site Plan Review on 1.27 acres based on plans stamp dated January 7 and Feb 3, 2022 and the staff report dated February 14, 2022. Motion carried 5-0.
PLANNERS’ REPORT
MEMBERS’ REPORTS Kirk announced the Engineering Association of Minnesota named Rod Rue as Engineer of the Year. Kirk added that among the many development applications
that have come before the commission there was no need for major street or sewer redesign in Eden Prairie due to the foresight of Rue and his team. VI. ADJOURNMENT
MOTION: Kirk moved, seconded by Higgins to adjourn. Motion carried 5-0. The meeting was adjourned at 7:50 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Community Development/Planning/
Julie Klima/Sarah Strain
ITEM DESCRIPTION:
Chick-Fil-A
ITEM NO.:
IX.B.
Requested Action
• Close the Public Hearing; and
• Adopt a Resolution for Planned Unit Development Concept Review on 1.27 acres; and
• Approve the 1st reading of the Ordinance for Planned Unit Development District Review with waivers on 1.27 acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions
Synopsis Chick-Fil-A is part of Flying Cloud Commons retail, the third phase of the Castle Ridge Redevelopment project. Flying Cloud Commons was approved by City Council on February 2,
2021. As the project nears closer to construction, Chick-Fil-A is seeking to make alterations to
their site and requests additional Planned Unit Development (PUD) waivers. The overall layout and building architecture remain the same from the previously reviewed and approved plans. Previous & Current Proposals
The previous site plan approval included a two (2) lane drive through along the Flying Cloud Drive frontage of the site that narrowed down to one (1) lane after the order boards and widened back out to two (2) pick-up lanes. The proposed site plan maintains two (2) drive-through lanes through the entire drive-through, shown on the following page.
As part of the drive-through reconfiguration, the applicant is altering the entrance to the site. The southernmost entrance will be widened to accommodate three (3) ingresses lanes; two (2) ingress lanes will lead to the dual drive-through lanes, and one (1) lane will lead to the parking area. As a result, a row of seven (7) parking stalls will be lost. The site will still exceed parking
requirements with the new parking lot configuration.
Lastly, the new site plan includes a detached canopy structure over a portion of the drive-through on the northeast side of the building, facing the common area at the intersection of Prairie Center Drive and Flying Cloud Drive. As the applicant notes in the project narrative, the canopy is part
of the company business model to shelter employees from the natural elements as they deliver
orders in person. There will also be a standard window for meal pick-up. Staff requested the
canopy structure be attached to the principal structure. The applicant has noted that this design does not result in the best structural design for Chick-Fil-A. With the canopy being offset from
the main building by a few inches, it will appear to be attached to the building to most customers.
The canopy supports will be wrapped in materials that complement the principal structure.
Previous Site Plan Current Proposal drive-thru lanes narrowed to one (1) lane for small section Two drive-thru lanes throughout Chick-Fil-A Front Entry and Drive Through Canopy – West Elevation
East Elevation (facing intersection of Prairie Center Drive and Flying Cloud Drive)
Red triangle in the image to left shows approximate area of canopy within the 20 foot side yard setback. Blue rectangle is canopy area. Requested Waivers
As part of Flying Cloud Commons retail, this property is guided Mixed Use and is zoned Community Commercial. The applicant is
requesting three (3) waivers through
the PUD process. The waivers may be reasonable given the unique nature of this project and property constraints. Following is a list of the waivers
being requested: 1. Parking Lot Island Width and Size Requirements City Code requires that parking lot islands have a minimum width of five (5) feet and an
area of at least 160 square feet. Two (2) of the proposed parking lot islands do not maintain a five (5) foot width, and island number 11 only has an area of 100 square feet. These parking lot islands are located adjacent to the drive-though and entrance lanes, which makes a full parking lot island dimension impractical. On the proposed site plan, the area dedicated to parking lot islands exceed the 5% requirement at 14.2%, meaning
there are ample parking island plantings and many of them are larger than code requirements. This waiver allows the two (2) parking islands, numbered 8 and 11, to have dimensions less than five (5) feet and 160 square foot area.
2. Side Yard Setback The detached canopy is located within the 20 foot side yard setback. In the Community
Commercial zoning district, side yard setbacks are 20 feet for either principal structures
or accessory structures. The proposed wavier would allow a side yard setback of 7.3 feet at its closest point. There is a pinch point with the lot line and the orientation of the drive-through lanes that creates a 7.3 foot setback for the canopy at its corner. The setback will then continue to increase for 20 feet until it complies with the side yard setback
requirements. The canopy will be located far away from other buildings and will appear
to be attached to the building to most customers. 3. Drive-through Signs City Code allows drive-through signs to have a maximum size of 32 square feet. The
applicant is proposing to have 40 square feet of drive-through signs. The additional signage is requested to have menu boards at both drive-through lanes. Due to manufacturing limitations, the sizes of the drive-through signs cannot be reduced. With two (2) drive-through lanes, it is appropriate and reasonable to have two (2) menu boards.
Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the February 14,
2022 meeting. Attachments 1. Ordinance for PUD District Review with Waivers
2. Resolution for PUD Concept
3. Staff Report 4. Unapproved Planning Commission Minutes
CHICK-FIL-A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2022-PUD-_-2022
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the designation of the land be amended within the C-COM Zoning District as -2022-PUD-_-2022 (hereinafter "PUD-_-2022”).
Section 3. The City Council hereby makes the following findings:
A. PUD-_-2022 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-_-2022 is designed in such a manner to form a desirable and unified
environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2022 are justified by the design of the
development described therein.
D. PUD-_-2022 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the C-COM Zoning District as Planned Unit Development PUD-_-
2022 and the legal descriptions of land in each district referred to in City Code Section 11.03,
subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. The land shall be subject to the terms and conditions of that certain Second Amendment to the Development Agreement for Flying Cloud Commons dated as of
____________, 2022 entered into between Chick-Fil-A, Inc., a Georgia corporation, and the City
of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2022, and are hereby made a part hereof.
Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
15th Day of March, 2022, and finally read and adopted and ordered published in summary form
as attached hereto at a regular meeting of the City Council of said City on the ___ day of ___, 2022.
ATTEST:
__________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on _____, 2022.
EXHIBIT A
PUD Legal Description Legal Description A Lease Parcel over, under and across that part of the following described property in Outlot B, CASTLE RIDGE 3RD ADDITION, Hennepin County, Minnesota described as follows:
Beginning at the most southerly corner of Outlot B, CASTLE RIDGE 3RD ADDITION; thence North 48 degrees 28 minutes 47 seconds West an assumed bearing along the southwesterly line of said Outlot B a distance of 190.21 feet; thence North 45 degrees 11 minutes 50 seconds East 50.67 feet; thence northeasterly a distance of 76.16 feet, along a
tangential curve concave to the northwest having a radius of 300.00 feet, a central angle of 14 degrees 32 minutes 42 seconds; thence North 30 degrees 39 minutes 08 seconds East tangent to said curve a distance of 30.09 feet; thence northerly a distance of 56.63 feet, along a tangential curve concave to the west having a radius of 80.00 feet, a central angle of 40 degrees 33 minutes 36 seconds ; thence North 80 degrees 05 minutes 32 seconds East
not tangent to the last curve 30.00 feet; thence South 70 degrees 05 minutes 13 seconds East 49.54 feet; thence North 89 degrees 43 minutes 15 seconds East 53.36 feet; thence North 83 degrees 24 minutes 00 seconds East 68.84 feet; thence North 88 degrees 44 minutes 34 seconds East 35.52 feet, more or less, to the westerly right of way of Flying Cloud Drive; thence South 2 degrees 44 minutes 12 seconds West along said right of way a distance of
23.61 feet; thence continuing southwesterly along said right of way a distance of 340.47 feet, being a non tangential curve concave to the northwest having a radius of 1240.87 feet, a central angle of 15 degrees 43 minutes 15 seconds and the chord of said curve bears South 35 degrees 38 minutes 54 seconds West to the point of beginning.
Abstract and Torrens Property Lease Parcel Area: 55,420 square feet = 1.272 acres.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF CHICK-FIL-A FOR CHICK-FIL-A, INC.
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on February 14, 2022, on Chick-Fil-A by Chick-Fil-A, Inc. and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and
WHEREAS, the City Council did consider the request on March 15, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows:
1. Chick-Fil-A, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated February 28, 2022.
3. That the PUD Concept meets the recommendations of the Planning Commission dated February 14, 2022.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of March, 2022.
_______________________ Ronald A. Case, Mayor ATTEST:
______________________________ Nicole Tingley, City Clerk
EXHIBIT A
PUD Concept
Legal Description: Legal Description A Lease Parcel over, under and across that part of the following described property in Outlot B, CASTLE RIDGE 3RD ADDITION, Hennepin County, Minnesota described as follows: Beginning at the most southerly corner of Outlot B, CASTLE RIDGE 3RD ADDITION; thence North 48 degrees 28 minutes 47 seconds West an assumed bearing along the southwesterly line of said Outlot B a distance of 190.21 feet; thence North 45 degrees 11 minutes 50 seconds East 50.67 feet; thence northeasterly a distance of 76.16 feet, along a tangential curve concave to the northwest having a radius of 300.00 feet, a central angle of 14 degrees 32 minutes 42 seconds; thence North 30 degrees 39 minutes 08 seconds East tangent to said curve a distance of 30.09 feet; thence northerly a distance of 56.63 feet, along a tangential curve concave to the west having a radius of 80.00 feet, a central angle of 40 degrees 33 minutes 36 seconds ; thence North 80 degrees 05 minutes 32 seconds East not tangent to the last curve 30.00 feet; thence South 70 degrees 05 minutes 13 seconds East 49.54 feet; thence North 89 degrees 43 minutes 15 seconds East 53.36 feet; thence North 83 degrees 24 minutes 00 seconds East 68.84 feet; thence North 88 degrees 44 minutes 34 seconds East 35.52 feet, more or less, to the westerly right of way of Flying Cloud Drive; thence South 2 degrees 44 minutes 12 seconds West along said right of way a distance of 23.61 feet; thence continuing southwesterly along said right of way a distance of 340.47 feet, being a non tangential curve concave to the northwest having a radius of 1240.87 feet, a central angle of 15 degrees 43 minutes 15 seconds and the chord of said curve bears South 35 degrees 38 minutes 54 seconds West to the point of beginning. Abstract and Torrens Property Lease Parcel Area: 55,420 square feet = 1.272 acres.
STAFF REPORT
TO: Planning Commission FROM: Sarah Strain, Planner II
DATE: February 14, 2022 SUBJECT: Chick-Fil-A LOCATION: 8400 Flying Cloud Drive
APPLICANT: Chick-Fil-A
OWNER: Oppidan Investment Company
120 DAY REVIEW: May 7, 2022 REQUEST: 1. Planned Unit Development Concept Review on 1.27 acres 2. Planned Unit Development District Review with waivers on 1.27 acres 3. Site Plan Review on 1.27 acres
BACKGROUND Chick-Fil-A is part of Flying Cloud Commons retail, the third phase of the Castle Ridge Redevelopment project. Flying Cloud Commons was reviewed by Planning Commission of May 22, 2020 and approved by City Council on February 2, 2021. As the project nears closer to construction,
Chick-Fil-A is seeking to make alterations to their site and request additional Planned Unit
Development (PUD) waivers. The overall layout and building architecture remain the same from the previously reviewed and approved plans. COMPREHENSIVE PLAN & ZONING
The site is zoned Community Commercial and guided Mixed Use. No zoning or guide plan changes
are proposed at this time. The property is bordered by multi-family development to the north and west; Flying Cloud Drive to the south and Prairie Center Drive to the east. Properties beyond Flying Cloud Drive and Prairie Center Drive are commercial uses.
SITE PLAN
The plan proposes to construct a 5,000 square foot Chick-Fil-A fast food restaurant. The proposed structure meets and exceeds City Code requirements for building materials and architectural standards. The building is primarily brick with metal accents.
The previous site plan approval included a two (2) lane drive through along the Flying Cloud Drive
frontage of the site. However, the two (2) lanes narrowed down to one (1) lane after the order boards and widened back out to two (2) pick-up lanes. The proposed site plan maintains two (2) drive-through lanes through the entire drive-through, shown below.
Staff Report – Chick-Fil-A
February 14, 2022 Page 2
2
Left image is the currently approved site plan for Chick-Fil-A. Right image is the proposed site plan. The area circled on the left image is where the dual drive-through lanes were proposed to narrow to
one (1) lane. The proposed site plan on the right maintains the dual drive-through lanes throughout.
As part of the drive-through reconfiguration, the applicant is altering the entrance to the site. The southernmost entrance will be widened to accommodate three (3) ingresses lanes; two (2) ingress
lanes will lead to the dual drive-through lanes, and one (1) lane will lead to the parking area. These alterations impact the parking lot. A row of seven (7) parking stalls will be lost to accommodate the third entrance lane as shown in the plan comparison below.
Left image is the currently approved site plan. Right
image is the proposed site plan. Seven (7) parking stalls are proposed to be removed to
accommodate a third entrance lane.
Staff Report – Chick-Fil-A
February 14, 2022 Page 3
3
The parking on the site, even with the loss of stalls, exceeds City Code requirements and is consistent with the approved PUD. However, the reconfiguration led two (2) parking lot islands to
not meet the dimensional requirements. The applicant is requesting a waiver for parking lot island width and area for these two (2) islands outlined in the PUD waiver section. ARCHITECTURE
The new site plan includes a detached canopy structure over a portion of the drive-through on the
northeast side of the building, facing the common area at the intersection of Prairie Center Drive and Flying Cloud Drive. As the applicant notes in the project narrative, the canopy is part of the company business model to shelter employees from the natural elements as they deliver orders in person. There will also be a standard window for meal pick-up. The proposed canopy location is
outlined in blue below.
In the previous plans reviewed by the Planning Commission in May 2020, a detached canopy was proposed along the Flying Cloud Drive frontage. Staff recommended the canopy be removed from the plans prior to review by the City Council, which the Planning Commission voted to recommend.
The canopy was removed from the plans. The original canopy location is outlined in red below.
The previous canopy was proposed to be about 7.5 feet from the principal structure to shelter the menu board and staff taking orders outside in person. The
current canopy will be offset a few inches from the
principal structure and be located over the pick-up window, allowing employees to be sheltered when they deliver meals outside. The original canopy was proposed to be located in the front yard setback while
the current canopy is proposed to be located in the side
yard setback. With this review, staff requested the canopy structure be attached to the principal structure. The applicant
has noted that this design does not result in the best
structural design for Chick-Fil-A. With the canopy being offset from the main building by a few inches, it will appear to be attached to the building to most customers.
The current canopy is approximately 1,375 square feet in size and is approximately nine (9) feet, eight (8) inches tall, which is shorter than the original canopy. The support structures will be wrapped in brick materials to match the principal structure. The roof will be metal to match the metal canopy accents
Staff Report – Chick-Fil-A
February 14, 2022 Page 4
4
on the building, shown in the following images. Chick-Fil-A Front Entry and Drive-through Canopy– West Elevation East Elevation (Facing Intersection of Prairie Center Drive & Flying Cloud Drive)
The applicant is requesting a waiver for the canopy to encroach into the side yard setback. The required setback is 20 feet, and the applicant is requesting a setback of 7.3 feet. The northwest corner of the canopy will be adjacent to the sidewalks in the common area. There is a pinch point with the lot line and the orientation of the drive-through lanes that creates a 7.3 foot setback for the canopy. Most of the canopy will be setback further than 7.3 feet from the side lot line. The canopy location is
outlined in blue in the image on the following page. The property line has been outlined in a solid black line. The side lot line is adjacent to a planned gathering space. There will be several feet of distance between the canopy and other buildings. The current layout of Flying Cloud Commons has the bank located on the northwest portion of the property, as far from the Chick-Fil-A building as
Staff Report – Chick-Fil-A
February 14, 2022 Page 5
5
possible. Should this site reconfigure or redevelop, and a building be constructed at the setback lines on the southeast side, the gathering space provides additional space between the structures.
LIGHTING The proposed site lighting plan complies
with City requirements of 0.5 footcandle
at the perimeter of the project area. All pole lighting shall not exceed 25 feet in height and shall be down cast, cut off style.
TREE REPLACEMENT & LANDSCAPING PLAN Since this parcel is part of a larger PUD
area of the Castle Ridge redevelopment,
tree replacement was calculated for each of the project phases at the time of site plan review. Each lot in the Flying Cloud Commons development was
allocated a certain number of caliper
inches to accommodate all required tree replacement inches. The required tree replacement for this site is 84 caliper inches. The landscaping plan shows 89
caliper inches for tree replacement being
planted on this site. Based on the total floor area, landscaping requirements for this lot is 15.5 caliper inches. The proposed landscaping plan provides for approximately 16 caliper inches of landscaping material.
The site exceeds requirements for tree replacement and landscaping with only slight
modifications in species and location from the currently approved plan. SIGNS The applicant is requesting a waiver for drive-through signs as part of this application. City Code
allows drive-through signs to have a maximum of 32 square feet. The applicant is proposing to have
40 square feet of drive-through signs. Due to manufacturing limitations, the sizes of the drive-through signs cannot be reduced. Each proposed board on its own is 20 square feet, consistent with City Code requirements.
Staff Report – Chick-Fil-A
February 14, 2022 Page 6
6
All signs will require review and approval through a separate sign permit process. The Development Agreement will include standard language that all signs not granted a PUD waiver shall comply with
City Code requirements and will be reviewed through the sign permit process.
SUSTAINABLE FEATURES The sustainable elements proposed for this development include native planting species, pollinator
friendly landscaping species, and LED lighting. In the original approval, it was noted that the
property owner and tenant would monitor the demand for electric vehicle charging stations, but no infrastructure would be installed at the time of construction. PLANNED UNIT DEVELOPMENT (PUD) WAIVERS
The purpose of a PUD as stated in the City Code is to provide for a more creative and efficient
approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design.
As part of the existing Flying Cloud Commons PUD approval, this site has been granted the
following waivers: minimum lot size less than five (5) acres, minimum lot width and depth less than 300 feet, and parking setbacks less than 10 feet. In addition to these granted waivers, the applicant is seeking waivers to City Code requirements for the proposed project as outlined below:
1. Parking Lot Island Width and Size Requirements
City Code requires that parking lot islands have a minimum width of five (5) feet and an area of at least 160 square feet. Two (2) of the proposed parking lot islands do not maintain a five (5) foot width, and island number 11 only has an area of 100 square feet. These parking lot islands are located adjacent to the drive-though and entrance lanes,
which makes a full parking lot island dimension impractical. On the proposed site plan,
the area dedicated to parking lot islands exceed the 5% requirement at 14.2%, meaning there are ample parking island plantings and many of them are larger than code requirements. This waiver allows the two (2) parking islands, numbered 8 and 11, to have dimensions less than five (5) feet and 160 square foot area.
2. Side Yard Setback
The detached canopy is located within the 20 foot side yard setback. In the Community
Commercial zoning district, side yard setbacks are 20 feet for either principal structures or accessory structures. The proposed wavier would allow a side yard setback of 7.3 feet. There is a pinch point with the lot line and the orientation of the drive-through lanes that creates a 7.3 foot setback for the canopy at its corner. Most of the canopy will be setback
further than 7.3 feet from the side lot line. The canopy will be located far away from
other buildings and will appear to be attached to the building to most customers.
Staff Report – Chick-Fil-A
February 14, 2022 Page 7
7
3. Drive-through Signs City Code allows drive-through signs to have a maximum size of 32 square feet. The
applicant is proposing to have 40 square feet of drive-through signs. The additional signage is requested to have menu boards at both drive-through lanes. Due to manufacturing limitations, the sizes of the drive-through signs cannot be reduced. With two (2) drive-through lanes, it is appropriate and reasonable to have two (2) menu boards. STAFF RECOMMENDATION Recommend approval of the following request:
• Planned Unit Development Concept Review on 1.27 acres
• Planned Unit Development District Review with waivers on 1.27 acres
• Site Plan Review on 1.27 acres This is based on plans dated January 7, 2022 and February 3, 2022, the staff report dated February 14, 2022, and the following conditions:
Prior to issuance of a land alteration permit, the following items will need to be addressed: 1. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer.
2. Obtain and provide documentation of Watershed District approval. 3. Notify the City and Watershed District 48 hours in advance of grading. 4. Install erosion control at the grading limits of the property for review and approval by the City. 5. Provide documentation authorizing the Developer to access the adjacent property owned
by Fountain Place for the construction of parking along the common property line. 6. Submit a land alteration letter of credit, or escrow surety equivalent to 125% of the cost the Land Alteration Activities. 7. Submit a landscaping letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping.
Prior to issuance of a building permit the following items will need to be addressed: 1. Pay the appropriate cash park fees. The following waivers are granted through the PUD process for the project as indicated in the
plans dated January 7, 2022 and February 3, 2022. 1. Parking Lot Island Width and Size Requirement City Code requires that parking lot islands have a minimum width of five (5) feet. Two (2) of the proposed parking lot islands do not maintain a five (5) foot width. This waiver
allows the two (2) parking islands, numbered 8 and 11, to have dimensions less than five (5) feet and 160 square foot area.
Staff Report – Chick-Fil-A
February 14, 2022 Page 8
8
2. Side Yard Setback
The attached canopy is located within the 20 foot side yard setback. In the Community Commercial zoning district, side yard setbacks are 20 feet. This wavier allows a side yard setback of 7.3 feet. 3. Drive-through Signs
City Code allows drive-through signs to have a maximum of 32 square feet. This applicant is proposing to have 40 square feet of drive-through signs.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 14, 2022 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Rachel Markos, Carole Mette, William Gooding, Robert Taylor CITY STAFF: Julie Klima, Community Development Director; Matt Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Acting Chair Farr called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Absent were commission members Pieper, Markos, DeSanctis and Gooding.
III. APPROVAL OF AGENDA
MOTION: Higgins moved, seconded by Taylor to approve the agenda. MOTION
CARRIED 5-0.
IV. MINUTES
MOTION: Taylor moved, seconded by Mette to approve the minutes of January 10,
2022. MOTION CARRIED 5-0.
V. PUBLIC HEARINGS
A. SCHULMAN ADDITION Request for:
• Zoning District Change from Rural to R1-13.5 on 2.47 acres
• Preliminary Plat of 2 lots on 2.47 acres
Tammy Schulman, resident at 12076 Riverview Road, thanked the commission
and displayed a PowerPoint of the application. She proposed to divide the
property into two lots, one approximately an acre and the other slightly under an
acre on which the house stood. The driveway now encroached on neighboring
PLANNING COMMISSION MINUTES February 14, 2022
Page 2
land, and she wished to correct this. She proposed a rezoning in keeping with the
surrounding neighborhood to preserve property sizes and repave the driveway.
Mette asked if during the process there was consideration given to dividing it
further. Schulman replied she had considered it, but as a thirty-year resident it was
important to her to preserve the character of the neighborhood. In communication
with her neighbors she had found they would also oppose greater density, and she
also rejected it despite comments from others about the financial awards of
subdividing into more lots. Farr asked for and received confirmation Schulman’s
neighbors supported the change and would sign the encroachment agreement. Farr
asked if there were significant grade changes to be made. Schulman replied the
new driveway would actually remain on the same grade while being 100 feet
shorter.
Klima presented the staff report. This request was consistent with the
Comprehensive Plan and with surrounding properties. Further subdivision would
not have an opportunity given the easement encumbrances. This was not a PUD
request, so no waivers were being requested. Staff recommended approval.
MOTION: Kirk moved, seconded by Higgins to close the public hearing. Motion
carried 5-0.
MOTION: Kirk moved, seconded by Mette to recommend approval of the
Zoning District Change from Rural to R1-13.5 on 1.99 acres and a Preliminary
Plat of 2 lots on 2.47 acres based on plans stamp dated February 2, 2022 and the
staff report dated February 14, 2022. Motion carried 5-0.
B. CHICK-FIL-A Request for:
• Planned Unit Development Concept Review on 1.27 acres
• Planned Unit Development District Review with waivers on 1.27 acres
• Site Plan Review on 1.27 acres
Justin Lurk of Chick-Fil-A presented a PowerPoint and detailed the application. This would be a locally owned and operated family franchise. The applicant proposed to build a 5,000 square foot Chick- Fil-A fast food restaurant on the site. The Covid-19 pandemic had changed the customer service experience and consumer habits toward drive-throughs and mobile app pickup services. The
drive-through would be expanded from two to four lanes, though the two lanes narrowed down to one after the order board and widened back out to two pick-up lanes. The dual-flex lane, as he termed it, would give the operator to use that lane either for mobile order sales during peak hours or for another drive-through delivery lane. The proposed structure met and exceeded City Code requirements
PLANNING COMMISSION MINUTES February 14, 2022
Page 3
for building materials and architectural standards. The building would be
primarily brick with metal accents and had been approved previously, except for
the addition of a column to match the canopy. A double-lane canopy would cover the pickup area. 32 cars were allowed in the drive-through before traffic could spill into the parking lot, making it one of the
larger drive-throughs in the area. Three waivers were being requested: a less than
the five-foot width requirement for two parking islands, a 7.3 foot instead of a 20-foot side setback, and dual order boards at 20 square feet each instead of the 32 square feet total restriction. The landscaping plan exceeded City Code requirements.
Mette asked if the landscaping plantings would shield the drive-through car-stacking more than the site she had observed in Chanhassen. Jeff Westendorf, civil engineer and landscape architect, replied the variety of shrubs and trees would screen the car-stacking, though the developer was restricted by the
easements. Farr noted some sedum and coneflowers among other desirable native
plants and encouraged more non-deciduous shrub screening between the tree canopy and the ground plantings. Taylor asked for traffic number projections during the peak hours of Monday
through Thursday. Lurk replied peak hours were on Friday and Saturday as well,
and actual traffic counts could range from 150 to 250 cars per hour. Mette asked if there could be a possible traffic backup up to the new development at Castlemoor Drive. Lurk replied there were two directions in which to turn, rather than just one, and there was no potential backup between Castlemore and Flying Cloud
Drive in the traffic study.
Farr asked Lurk to explain the south driveway expanding into three lanes, and then having one lane entering and one lane exiting, as he did not see a merging opportunity in the extra drive-through/pickup lane for additional stacking. Lurk
replied the first two lanes were for the drive-through should traffic back up that
far. The third lane would be for circulation around the canoe island if the traffic was stacked up. The second lane would be used for cars entering and then turning left to arrive at the front of the store and clear signage would facilitate that, as well as “Do Not Enter” signs. Pavement painting would indicate which lanes were
drive-throughs from the ring road. Jonathan Smith, resident at 11827 Harvest Lane, asked for information on the possible impacts on the area, especially regarding tree replacement and landscaping plantings. He asked if the two-lane canopy would encroach on the
sidewalk and greenery and dining space. Farr replied the drive-through lanes were not changing from the previously approved plan. There was a public area north of the site with sidewalks and benches and shrugs, and this design would not pass the property line. Mette noted the three-dimensional rendering appeared to
PLANNING COMMISSION MINUTES February 14, 2022
Page 4
overhang an area that it in fact would not. Lurk added the edge of the canopy
columns would be at the back of the curve of the drive-through, and there would
be 7.3 feet between the tip of the canopy and the public area. Klima presented the staff report. This plan had come before the commission multiple times and was the final version. The canopy and modifications to the
drive-throughs were new, along with the three waivers. The common property
line included the gathering public area between this and the Bank of America site, so the side yard setback was not a concern since there was an excess of space. Staff recommended approval.
Farr asked Rue to address the internal circulation with the private internal road.
Rue replied when the other phases were approved in this area there was an overall traffic study done for all developments, and then an amended study done, looking at the connection points to the public system. There would be a lot of internal traffic at this site, so proper signage would be critical. Farr asked Bourne to weigh
in on Farr’s suggestion of better screening between the tree canopy and native
plantings. Bourne replied staff could consider this and see if it called for evergreen shrugs, et cetera. Mette added the public plaza could also use a landscape buffer to make it more pleasant. Farr agreed, noting there would be more cars stacking up in that area.
Kirk stated he found Lurk’s comments regarding the changes in customer service due to Covid-19 to be interesting and something the commission and the City might take note of for future developments. Mette agreed and stated it raised the question of how to make drive-throughs more pleasant, as multiple drive-throughs
like this were preferable to cars backing up to the entrance. Farr asked staff to
address the nonrecessed illumination globe beneath the canopy. Klima replied staff had reviewed this design and had no concerns. MOTION: Higgins moved, seconded by Kirk to close the public hearing. Motion
carried 5-0.
Mette commended the proposal and its unobtrusive, minimalistic canopy that blended well with the building. Kirk agreed, calling this design a “snapshot of the future” and commending its implementation. Higgins raised her concern that walking, rather than driving, would be a trend in the future for both children and adults, particularly seniors. She agreed good signage would facilitate car and
pedestrian traffic circulation. Taylor agreed with Higgins’ point but also commended the project, noting the franchise’s history of customer service and hospitality. He had visited Chick-Fil-A with his leadership team years ago which was instructive and could be brought to this franchise as well. Farr also commended the proposal.
PLANNING COMMISSION MINUTES February 14, 2022
Page 5
MOTION: Mette moved, seconded by Taylor to recommend approval of the
Planned Unit Development Concept Review on 1.27 acres; Planned Unit
Development District Review with waivers on 1.27 acres; and a Site Plan Review on 1.27 acres based on plans stamp dated January 7 and Feb 3, 2022 and the staff report dated February 14, 2022. Motion carried 5-0.
PLANNERS’ REPORT
MEMBERS’ REPORTS Kirk announced the Engineering Association of Minnesota named Rod Rue as Engineer of the Year. Kirk added that among the many development applications
that have come before the commission there was no need for major street or sewer redesign in Eden Prairie due to the foresight of Rue and his team. VI. ADJOURNMENT
MOTION: Kirk moved, seconded by Higgins to adjourn. Motion carried 5-0. The meeting was adjourned at 7:50 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Beth Novak-Krebs
ITEM DESCRIPTION:
Certificate Of Appropriateness
20212-01-004
ITEM NO.:
IX.C.
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt the Findings of Fact and Approve Certificate of Appropriateness 2022-01-004 for the replacement of the roofs at the Cummins House site.
Synopsis The Cummins-Phipps-Grill House is located at 13600 Pioneer Trail and it is a locally designated Heritage Preservation Site and the property is on the National Register of Historic Places. The
City owns and maintains the property. The City is requesting approval of a Certificate of
Appropriateness to replace the roof on the home, shed, and outhouse. The City was awarded a Minnesota Historical and Cultural Heritage Grant to complete the work. At its February 28, 2022 meeting, the Heritage Preservation Commission (HPC) reviewed the COA request and recommended that the City Council approve the COA. The Certificate of Appropriateness will
approve the replacement of the existing wood shingles with wood shingles.
Findings of Fact The Eden Prairie Heritage Preservation Commission (HPC) recommended to the City Council
the following Findings based on criteria in City Code, Section 11.05, Subd. 8. A.1, Criteria for
Alteration of Historic Preservation Sites and Subd. 8. C., Criteria for Certificate of Appropriateness:
• The replacement of the roof supports the continued use of the property consistent with the
approved Conditional Use Permit for the property.
• The proposed roofing materials meet general preservation standards applicable to this application request.
• A notice of public hearing was published in the newspaper on March 3, 2022.
• Proper notice was given to property owners within 500 feet of the site.
• The COA application and related documents were provided and reviewed by the HPC.
• The application meets the Secretary of The Interior’s Standards, and the specific Criteria in City Code, Section 11.05, Subd. 8. A.2, Criteria for Alteration of Historic Preservations Sites, and Subd. 8. C., Criteria for Certificate of Appropriateness.
Background
The HPC held a meeting on February 28, 2022 and voted unanimously to recommend the City
Council approve the application for Certificate of Appropriateness No. 2022-01-004. Attachments
1. COA Application
2. Findings of Fact 3. Unapproved HPC Minutes 02-28-2022 4. Location Map
Property Address:
Property Owner:
Mailing Address: Zip Code:
Phone Number: Email Address:
Applicant (If different than owner):
Mailing Address: Zip Code:
Phone Number: Email Address:
Provide Project Description
For Staff Comments Only
Staff Reviewed Major work
Referral To HPC Review Minor work
Review Date: COA number:HE-EPC-004February 28, 2022
One original printed copy of all materials listed below
Completed COA application form
Photos of all sides of the structure and site (color photos no smaller than 4” x 6”)
Written narrative explaining the proposed work
Site plan
Elevation drawings and floorplans of addition or alterations (8 1/2” x 11”)
Specifications of Materials Used
Samples of all materials, paint colors, finishes
Recommendations
Approve Comments:
Approve with conditions Comments:
Disapprove Comments:
Acknowledgement of Responsibility
I agree to comply with all conditions of this certificate and other applicable City of
Eden Prairie regulations, and to pursue this project in strict conformance with the
plans approved by the HPC and City Council. I understand that no changes are
permitted without prior approval from the City, and that failure to follow approved
plans is a violation of the zoning ordinance.
Applicant Signature: Staff Initials:
Printed Name: Fee:
Date of Application: Date of Approval:
Required Attachments
City of Eden Prairie/8080 Mitchell Road/Eden Prairie, MN 55344/Phone: 952-949-3485/Fax: 952-949-8392/www.edenprairie.org
from HPC City Council Public Hearing
March 15, 2022
UNAPPROVED MINUTES
EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION TUESDAY, FEBRUARY 28, 2022 7:00 P.M. 8080 MITCHELL RD
HPC COMMISSION MEMBERS: Pamela Spera; Valerie Ross; Paul Thorp;
Rod Fisher; George Maxwell; Steve Schumacher; Robert Bowes COMMISSION STAFF: Beth Novak-Krebs, Staff Liaison
Kristin Harley, Recording Secretary
STUDENT REPRESENTATIVES Andrea Porter; Joseph Canham; Devyn Stanton; Luc Willett
I. CALL TO ORDER/ROLL CALL
Chair Spera called the meeting to order at 7:06 p.m. Absent were commission members Ross, Thorp, and Maxwell and student representative Canham.
II. READING OF LAND ACKNOWLEDGEMENT STATEMENT
Willett read the land acknowledgement statement. III. APPROVAL OF AGENDA
MOTION: Fisher moved, seconded by Bowes to approve the agenda. Motion carried 4-0. IV. APPROVAL OF MINUTES
MOTION: Bowes moved, seconded by Fisher to approve the minutes of the January 24, 2022 minutes. Motion carried 4-0. V. NEW BUSINESS
A. DEBRIEF OF COUNCIL WORKSHOP ON FEBRUARY 8 (NOVAK-KREBS) Novak-Krebs stated on February 8 the HPC Accomplishments of 2021 and the
Work Plan of 2022 were presented to the City Council. The presentation included
a list of potential uses for the Dorenkemper House and the City Council was supportive of at least trying some of the ideas. Lotthammer was in attendance. At the Joint Meeting next week with the Parks, Recreation and Forestry Commission
EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION February 28, 2022
Page 2
this would be an agenda item. She reminded the commission members the Work Plan was a flexible working document that could be amended.
Spera added she thought the City Council was enthusiastic about uses for the Dorenkemper House, and that Mayor Case stated this had been part of the discussion when he first entered public service. Novak-Krebs added that the Council is supportive and appreciative of the HPC and had positive comments.
B. CERTIFICATE OF APPROPRIATENESS (COA) FOR THE CUMMINS HOUSE ROOF REPLACEMENT (NOVAK-KREBS) Novak-Krebs stated that when there were improvements at any of the heritage
sites, the commission reviews the COA and makes a recommendation to the City
Council who then considers approval of the COA. This was the recently awarded grant to replace the roof on the house, the shed, and the outhouse. As stated previously, the roof was replaced in 2005 but was
installed incorrectly, causing the shingles to warp.
Fisher asked for and received confirmation the original roofing was shake shingles. Novak-Krebs stated the work would be done this summer, and the commission would need to review the finding of facts and determine if the COA
met the criteria in the Ordinance and make a recommendation to the Council. The
roof would be replaced in kind; the new shingles would be wood shingles. This long-term maintenance effort is consistent with the Department of the Interior’s Standards for the Treatment of Historic Properties and Guidelines. Staff recommended approval of the COA.
Fisher asked if there was any case in the future for “improved” roofing material that would better protect the building. Novak-Krebs stated that was a consideration, though the goal was to remain in keeping with the original
materials. Fisher suggested a membrane beneath this roofing. Schumacher agreed,
stating changing a historic property’s electrical, for example, would not involve installing the original electrical wiring versus updated wiring. Novak-Krebs replied there would be a membrane and several layers before the shingles would be installed. Spera stated she doubted it would compromise the historical aspect.
Novak-Krebs stated that a wood shingle roof installed correctly would last a long time. Fisher suggesting thinking 20 years in the future for future improvements given climate change and the expectation of more extreme weather.
MOTION: Fisher moved, seconded by Bowes, to recommend approval of the
Certificate of Appropriateness for the Cummins Phipps Grill House roof improvements. Motion carried 4-0.
EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION February 28, 2022
Page 3
VI. OLD BUSINESS
A. UPDATE ON 1968 COMPREHENSIVE PLAN AND THOSE INVOLVED (NOVAK-KREBS) Novak-Krebs suggested interviewing those staff involved in crafting the 1968 Comprehensive Plan with the goal of hosting these on the website as well. She
offered to send a digital copy of the plan to the commission members. Bob
Lambert (formerly of Parks and Rec), Roy Terwilliger (formerly of Eden Prairie Foundation), Dean Edstrom (former City Council member), and Rod Anderson (former pastor of St. Stephens) were suggested as possible people to interview. Novak-Krebs stated there was enthusiasm from City staff for this idea. She asked
for feedback at the next meeting on:
Questions to ask Who would interview Interview process
Other names?
Stanton stated there was an original copy of the brochure at the museum. Novak-Krebs displayed an original color brochure. She stated she would include this on the agenda for the next meeting.
B. UPDATE ON ORAL HISTORY WEBSITE (NOVAK-KREBS) Novak-Krebs displayed the new website home page and the “Eden Prairie
Remembers” oral histories page. She showed and explained how one could listen to and/or read the interview and scroll through the uploaded historic photographs. The draft website includes interviews with:
Barbara Eigen
Bill Holte Roger Dressen DISCUSS POTENTIAL HISTORY DISPLAY AT THE HIGH SCHOOL
(ROD FISHER
Fisher stated the objective was to have a commitment, if not an accomplishment, to hang historical photographs with interpretive text in Eden Prairie High School. Stanton described his discussion with the Principal, who chose a few photographs
but then did not respond further. Fisher encouraged the students to get an answer
from the Principal by the end of March. He added the commission could respond if there were concerns about cost. Discussion followed on the type of framing to use. Porter stated there were framed photographs of students in the hallway, and
EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION February 28, 2022
Page 4
Stanton suggested using those frames. Fisher encouraged the students to collaborate on this, perhaps meeting with the Principal together, and said he could
be contacted if needed.
VII. REPORTS OF COMMISSION AND STAFF Novak-Krebs announced next Monday’s joint meeting with Parks, Recreation and
Natural Resources. The Flying Red Horse, the historic properties inventory and
the Dorenkemper House were on the agenda. VIII. REPORTS OF HISTORICAL SOCIETY
Bowes announced a film company had completed the short film, “The Doll,” at
the Cummins Phipps Grill House and a feature horror film would be shot beginning in March and completing by April. The Prop Shop Vintage Sale would be held May 6 and 7 (Friday and Saturday).
IX. FYI ITEMS Fisher encouraged the current student representatives to reach out to potential new student members.
X NEXT MEETING The next HPC meeting will be held on Monday, April 18, 2022 at 7:00 p.m. in the Heritage Room.
XI. ADJOURNMENT MOTION: Schumacher moved, seconded by Fisher to adjourn. Motion carried 4-0. The
meeting was adjourned at 7:56 p.m.
1
TO: Heritage Preservation Commission
FROM: Beth Novak-Krebs, Staff Liaison for HPC
DATE: February 24. 2022
PROJECT: COA – 2022-01-04
Findings of Fact Recommendation Roof replacement
REQUEST AND BACKGROUND
The Cummins Phipps Grill house located at 13600 Pioneer Trail was designated a Heritage Preservation
Site on September 16, 1997. The Cummins House
was also placed on the National Register of
Historic Places in 1982 based in part on the merit of its architecture and the role Mr. Cummins had in the farming and horticultural trades in both the early history of Eden Prairie and agriculture in
Minnesota. As a Heritage Preservation Site, a
Certificate of Appropriateness (COA) is required to change the exterior appearance of a building on a Heritage Preservation Site. Any proposed change, addition or alteration to a building,
structure or site must meet the Secretary of the
Interior’s Standards and Guidelines for Historic Preservation Projects. After considering the recommendation from the Heritage Preservation Commission, the City Council will hold a public
hearing and has final approval of the COA.
The request for a Certificate of Appropriateness seeks approval of the following: replacement of the roof on the house, shed, and outhouse with cedar shingles to match the existing roofing material.
2
The Historical Society has a long-term lease with the City for the use the house. The City
owns the property and maintains the property and grounds. Maintenance of the roof is
critical to the survival of the building and the long-term use of the building. Although the
roof was replaced in-kind in 2005, the wood shingles are warping and cracking and the staples
used to attach the shingles are failing. This is causing wind to blow the shingles off the roof.
The City will use grant funds to hire a contractor to replace the roof in-kind. Rehabilitation
of the roof involves replacement of the wood shingles with wood and reproducing the
Shed
Outhouse
House
3
overall appearance of the historic material. The new roof will protect the structure and the
contents within the structure for years to come. The roof will protect the house from
potential intrusion of water and prevent damage to the interior of the house. The historic
character will be retained. Since the house roof is being replaced, it makes economical
sense to reroof the shed and outhouse at the same time. Long term maintenance of the shed
and outhouse is important because the structures are part of the site and the interpretation of
the farm at the time.
FINDINGS OF FACT
• The proposed products for the roofing materials are found to meet general preservation
standards applicable to this application request. The Heritage Preservation Commission may wish to adopt and recommend to the City Council the following Findings, based on the criteria in City Code, Section 11.05, Subd. 8. A., Criteria for Alteration of Historic Preservation Sites and Subd. 8. C., Criteria for Certificate of Appropriateness.
C.1. Every reasonable effort shall be made to provide a compatible use for the property which
requires minimal alteration of the buildings, structure, or site and its environment, or to use the
property for its originally intended purpose. The replacement of the roof will protect the structure and its contents so that it can continue to
be used for events such as small outdoor weddings, anniversary parties, family gatherings,
antique sales, Santa experience, open houses and tours available to the public. The use of
the upstairs is invaluable for community access to enjoy rotating exhibits and a portion of
the area will provide a safe, secure storage area for historical society artifacts.
C.2. The distinguishing original qualities or character of a building, structure or site and its
environment shall not be destroyed. The removal of any historic material or distinctive features should be avoided when possible. The roof will be replaced in-kind. Rehabilitation of the roof involves replacement of the
wood shingles with wood and reproducing the overall appearance of the historic material.
The historic character of the property will be maintained. The roof replacement does not
radically change, obscure, or destroy character-defining spaces, materials, features, or finishes.
C.3. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be
avoided. The project involves the replacement of the existing wood shingles with wood shingles. This is consistent with the original roofing material on the home. The project maintains the current appearance of the house.
4
C.4. Changes which have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have
acquired significance in their own right, and this significance shall be recognized and respected.
Not applicable. C.5. Distinctive stylistic features or examples of skilled craftsmanship which characterizes a
building, structure, or site shall be treated with sensitivity.
Not applicable. C.6. Deteriorated architectural features shall be repaired rather than replaced, whenever
possible. In the event replacement is necessary, the new material should match the material
being replaced in composition, design, color, texture, and other visual qualities. Repair or
replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
The project involves the replacement of the existing wood shingles with wood shingles. This is consistent with the original roofing material on the home. The project maintains the current appearance of the house.
C.7. The surface cleaning of structures shall be undertaken with the gentlest means possible.
Sandblasting and other cleaning methods that will damage historic building materials shall not
be undertaken. Not applicable.
C.8. Every reasonable effort shall be made to protect and preserve archaeological resources
affected by, or adjacent to, any acquisition, stabilization, preservation, rehabilitation, restoration or reconstruction project.
Replacement of the roof does not require alterations to the site.
C.9. The Commission and the Council shall also consider, when appropriate, the Secretary of The Interior’s Specific Standards for Preservation Projects.
The Secretary of The Interior’s Standards for The Treatment of Historic Properties and
Guidelines for The Treatment of Cultural Landscapes were considered in the review of this application.
STAFF RECOMMENDATION
Staff recommends approval of the application as submitted.
5
RECOMMENDED MOTION
The Heritage Preservation Commission has found that the roof replacement as submitted by the
City of Eden Prairie, meets the general preservation standards and recommends the City Council approve COA 2022-01-004.
Cummins Grill House
DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.
*Any aerial photography and parcel geometry wasobtained from Hennepin County and allusers are bound by the express written contract between Hennepin County and the Cityof Eden Prairie.
F1:9,600Scale:
0 0.20.1Miles Miles
0 1,100550FeetFeet
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE
March 15, 2022
DEPARTMENT / DIVISION
Julie Klima, Community Development Director
Jonathan Stanley, Housing & Community Services
ITEM DESCRIPTION
Public Hearing on a Redevelopment Plan Modification, Establishment of TIF District, and TIF Plan for Blue Stem North
ITEM NO.
IX.D.
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 No. 26, and adoption of a TIF plan on a future City
Council meeting agenda.
• Recommend that staff include the TIF Plan and the TIF Development Agreement on a future HRA meeting agenda. Synopsis
Greco Properties is requesting Tax Increment Financing (TIF) for Blue Stem North located at 6901 Flying Cloud Drive in the Golden Triangle. Blue Stem North is a 425-unit mixed-income apartment project that meets the criteria for a new Housing TIF District. The project will be
developed in two phases. The first phase is a 4 and 5 story, 237-unit building in which 20% of the units (49 units) will be affordable to residents earning at or below 50% of the Area Median Income (AMI). An additional 12 units will be inclusionary housing units as required by City Code and will be
affordable to residents earning at or below 80% of AMI. The remaining 176 units will be market rate. The second phase is a 6-story, 188-unit building in which 20% of the units (38 units) will be affordable to residents earning at or below 50% of AMI, and an additional 9 units will be
inclusionary housing units affordable to residents earning at or below 80% of AMI. The remaining 141 units will be market rate. This request necessitates a Redevelopment Plan modification, creation of a new TIF District No. 26, and a TIF Plan for Blue Stem North. The TIF Plan for TIF District No. 26 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. Assistance is granted through a separate TIF agreement between the HRA and the developer.
TIF District No. 26 is being established as a Housing TIF District. The site qualifies as a
Housing TIF District because the project will meet the income requirements outlined above. The
TIF Plan sets up the district for a maximum duration of 26 years. The maximum budgetary authority in the district is approximately $64.16 million. This is a maximum budget intended to provide flexibility. 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 $12.9 million, broken out to $7.9 million for Phase 1 and $5 million for Phase 2. Total payments, which include interest paid, are projected to be $12.4 million for Phase 1 and $7.3 million for Phase 2, for a total of $19.7 million. Current estimates show that the amount for Phase 1 can be repaid within 18 years and the amount for Phase 2 can be repaid
within 14 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 increments 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. The City can use this 10% to pay for any ongoing costs associated with administering the project in the TIF District.
Background Proposed Financing and General Terms: Housing TIF: Greco Properties is requesting new Housing TIF District financing for Blue Stem
North. Their original request was for $13,554,585 of new TIF in the form of pay-as-you-go over
25 years Ehlers Public Finance (our TIF consultants) and staff have reviewed Greco Properties’ application. We have determined that the proposal meets the “but for test” for TIF District financing However, the development does not require the requested amount of TIF to generate reasonable profits. Therefore, Ehlers and staff recommends a total of $12.9 million of present
value TIF paid over 18 years for Phase I and 14 years for Phase 2. The required affordability will
continue for a total of 26 years, however, which is the maximum duration of the TIF district.
Affordable TIF and IH Units: During the 26 year affordability period, Greco Properties would
need to maintain 49 units in Phase 1 and 38 units in Phase 2 at rents affordable to households
whose incomes do not exceed 50% of the AMI. Greco Properties would submit annual information to the City regarding the households occupying these units and the rents they pay compared to commensurate market rate units. Of the 49 affordable TIF units in Phase 1, staff recommends a minimum of 11 studios, 19 one bedroom, 15 two-bedroom, and 4 three-bedroom units. Of the 38 affordable units in Phase 2, staff recommends a minimum of 8 studio units, 15
one-bedroom units, 11 two-bedroom units, and 4 three-bedroom units. In addition, City Code Chapter 13 requires that the developer provide Inclusionary Housing (IH) units in perpetuity that must be affordable to households earning up to 80% of AMI. The
developer will be required to provide 12 IH units in Phase 1, including 3 studios, 5 one-bedroom units, 3 two-bedroom units, and 1 three-bedroom unit. For Phase 2, Developer will be required to
provide 9 IH units, including 2 studios, 3 one-bedroom units, 3 two-bedroom units, and 1 three-
bedroom unit. The developer is in agreement with the staff recommendations.
Attachment Modification to the Redevelopment Plan and Tax Increment Financing Plan
Public Hearing: March 15, 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. 26 (Blue Stem)
(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 Tax Increment Financing District No. 26
(Blue Stem) 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 10
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. 26 (Blue Stem) 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 Tax Increment Financing District No. 26
(Blue Stem).
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. 26 (Blue Stem) 2
Tax Increment Financing Plan for Tax Increment
Financing District No. 26 (Blue Stem)
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. 26 (Blue Stem) (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 one (1) parcel of land and adjacent roads and
internal rights-of-way. The District is being created to facilitate construction
of 425 units of multi-family housing in the City. The HRA intends to enter into
an agreement with Greco Properties, LLC 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. 26 (Blue Stem) 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,
selected 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
01-116-22-34-0028 6901 Flying Cloud Drive Golden Triangle Station, LLC
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. 26 (Blue Stem) 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 one (1) parcel
$ The development will consist of 425 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. 26 (Blue Stem) 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. 26 (Blue Stem) 6
Project estimated Tax Capacity upon completion 4,056,945
Original estimated Net Tax Capacity 60,272
Fiscal Disparities 0
Estimated Captured Tax Capacity 3,996,674
Original Local Tax Rate 100.7210%
Prelim. Pay
2022
Estimated Annual Tax Increment $4,025,490
Percent Retainted by the City 100%
Project Tax Capacity
Note: Tax capacity includes a 5.0% inflation factor for the duration of the District. The tax capacity
included in this chart is the estimated tax capacity of the District in year 25. The tax capacity
of the District in year three, when build-out is complete, is estimated to be $1,320,825.
Pursuant to M.S., Section 469.177, Subd. 4, the HRA shall, after a due and
diligent search, accompany its request for certification to the County Auditor
or its notice of the District enlargement pursuant to M.S., Section 469.175,
Subd. 4, with a listing of all properties within the District or area of
enlargement for which building permits have been issued during the eighteen
(18) months immediately preceding approval of the TIF Plan by the
municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor
shall increase the original net tax capacity of the District by the net tax
capacity of improvements for which a building permit was issued.
The City has reviewed the area to be included in the District and found no
parcels for which building permits have been issued during the 18 months
immediately preceding approval of the TIF Plan by the City.
SOURCES OF REVENUE/BONDS TO BE ISSUED
The total estimated tax increment revenues for the District are shown in the
table below:
SOURCES
Tax Increment 58,327,826$
Interest 5,832,786
TOTAL 64,160,612$
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing District No. 26 (Blue Stem) 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 $39,597,414. Such bonds may be in the form of pay-as-you-go
notes, revenue bonds or notes, general obligation bonds, or interfund loans.
This estimate of total bonded indebtedness is a cumulative statement of
authority under this TIF Plan as of the date of approval.
USES OF FUNDS
Currently under consideration for the District is a proposal to facilitate
construction of 425 units of multi-family housing. The HRA and City have
determined that it will be necessary to provide assistance to the project(s) for
certain District costs, as described.
The HRA has studied the feasibility of the development or redevelopment of
property in and around the District. To facilitate the establishment and
development or redevelopment of the District, this TIF Plan authorizes the use
of tax increment financing to pay for the cost of certain eligible expenses.
The estimate of public costs and uses of funds associated with the District is
outlined in the following table.
USES
Land/Building Acquisition 10,000,000$
Site Improvements/Preparation 6,000,000
Affordable Housing 14,000,000
Utilities 2,500,000
Other Qualifying Improvements 1,264,628
Administrative Costs (up to 10%)5,832,786
PROJECT COSTS TOTAL 39,597,414$
Interest 24,563,198
PROJECT AND INTEREST COSTS TOTAL 64,160,612$
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing District No. 26 (Blue Stem) 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 or City 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 or City has 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 3,996,674 0.1860%
City of Eden Prairie 122,834,071 3,996,674 3.2537%
ISD 272
(Eden Prairie Schools)116,775,695 3,996,674 3.4225%
Impact on Tax Base
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing District No. 26 (Blue Stem) 9
Entity
Pay 2022
Prelim.
Extension
Rate
Percent of
Total CTC Potential
Taxes
Hennepin County 38.3660% 38.09% 3,996,674 $1,533,364
City of Eden Prairie 32.4810% 32.25% 3,996,674 1,298,160
ISD 272
(Eden Prairie Schools)21.0760% 20.93% 3,996,674 842,339
Other 8.7980% 8.74% 3,996,674 351,627
100.7210% 100.00% $4,025,490
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
$58,327,862;
(2) Probable impact of the District on city provided services and ability
to issue debt. An impact of the District on police protection is
expected. With any addition of new residents or businesses, police
calls for service will be increased. New developments add an
increase in traffic, and additional overall demands to the call load.
The City 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 City does not expect that the
proposed development, in and of itself, will necessitate new capital
investment in vehicles or facilities.
The impact of the District on public infrastructure is expected to be
minimal. The development is not expected to significantly impact
any traffic movements in the area. The current infrastructure for
sanitary sewer, storm sewer and water will be able to handle the
additional volume generated from the proposed development.
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing District No. 26 (Blue Stem) 10
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 $2,530,750.00 in sanitary sewer (SAC) and water
(WAC) connection fees.
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 $12,205,181;
(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 $22,217,877;
(5) Additional information requested by the county or school district. The
City is not aware of any standard questions in a county or school
district written policy regarding tax increment districts and impact on
county or school district services. The county or school district must
request additional information pursuant to M.S. Section 469.175 Subd.
2(b) within 15 days after receipt of the tax increment financing plan.
No requests for additional information from the county or school
district regarding the proposed development for the District have
been received.
SUPPORTING DOCUMENTATION
Pursuant to M.S. Section 469.175, Subd. 1 (a), clause 7 the TIF Plan must
contain identification and description of studies and analyses used to make
the determination set forth in M.S. Section 469.175, Subd. 3, clause (b)(2) and
the findings are required in the resolution approving the District.
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing District No. 26 (Blue Stem) 11
(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) City staff awareness of
the feasibility of developing the project site within the District, which
is further outlined in the City Council 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. 26 (Blue Stem) 12
Appendix A: Map of Redevelopment Project Area No. 5 and the
TIF District
TIF District No. 26
See Inset
Legend
Redevelopment Project Area No. 5 Boundary (coterminous with
the corporate boundary of the City of Eden Prairie)
TIF District No 26 Boundary
City of Eden PrairieRedevelopment Project Area No. 5 and TIF District No. 26 Boundaries
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing District No. 26 (Blue Stem) 13
Appendix B: Estimated Cash Flow for the District
1/27/2022TIF District No. 26 (Blue Stem) 5% InflationCity of Eden Prairie, MN 425 ApartmentsASSUMPTIONS AND RATESDistrictType: HousingDistrict Name/Number:County District #:Exempt Class Rate (Exempt) 0.00%First Year Construction or Inflation on Value 2022Commercial Industrial Preferred Class Rate (C/I Pref.)Existing District - Specify No. Years RemainingFirst $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-23Rental Housing Class Rate (Rental) 1.25%First Period Ending 1-Feb-24Affordable Rental Housing Class Rate (Aff. Rental)Tax Year District was Certified:Pay 2021First $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 DisparitiesIncrementalHomestead Residential Class Rate (Hmstd. Res.)Fiscal Disparities Contribution Ratio 40.3285% 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: 100.721% Prelim. Pay 2022 Agricultural Non-Homestead 1.00%Current Local Tax Rate: (Use lesser of Current or Max.) 100.721% 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 AfterLand Market Market Of Value Used Original Original Tax Original After ConversionMap ID PID Owner Address Market Value Value Value for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap.101-116-22-34-0028en Triangle Station,6901 Flying Cloud Drive5,231,000 10,000 5,241,000 80% 4,192,800 Pay 2021 C/I Pref. 83,106 Rental 52,410 1201-116-22-34-0028en Triangle Station,6901 Flying Cloud Drive5,231,000 10,000 5,241,000 20% 1,048,200 Pay 2021 C/I Pref. 20,214 Aff. Rental 7,862 110,462,000 20,000 10,482,000 5,241,000 103,320 60,272Note:1. Base values are for pay 2022 based upon review of County website on 8-4-2021.2. Located in SD #272 and WS #1Area/ PhaseTax Rates BASE VALUE INFORMATION (Original Tax Capacity)Prepared by Ehlers
1/27/2022TIF District No. 26 (Blue Stem) 5% InflationCity of Eden Prairie, MN 425 ApartmentsEstimated Taxable Total Taxable Property Percentage Percentage Percentage Percentage First YearMarket Value Market Value Total Market Tax Project Project Tax Completed Completed Completed Completed Full TaxesArea/Phase New Use Per Sq. Ft./Unit Per Sq. Ft./Unit Sq. Ft./UnitsValue Class Tax Capacity Capacity/Unit 2022 2023 2024 2025 Payable1Apartments 280,000 280,000 187 52,360,000 Rental 654,500 3,500 15% 100% 100% 100% 20251Apartments 280,000 280,000 50 14,000,000Aff. Rental 60,000 1,200 15% 100% 100% 100% 20252Apartments 280,000 280,000 150 42,000,000 Rental 525,000 3,500 0% 15% 100% 100% 20262Apartments 280,000 280,000 38 10,640,000Aff. Rental 45,600 1,200 0% 15% 100% 100% 2026TOTAL119,000,000 1,285,100 Subtotal Residential 425 119,000,000 1,285,100 Subtotal Commercial/Ind. 0 0 0 Note:1. Market values are based upon estimates from the City Assessor.Total Fiscal Local Local Fiscal State-wide MarketTax Disparities Tax Property Disparities PropertyValue Total Taxes PerNew Use Capacity Tax Capacity Capacity Taxes Taxes Taxes Taxes Taxes Sq. Ft./UnitApartments 654,500 0 654,500 659,219 0 0 111,323 770,542 4,120.54Apartments 60,000 0 60,000 60,433 0 0 12,757 73,189 1,463.78Apartments 525,000 0 525,000 528,785 0 0 89,296 618,081 4,120.54Apartments 45,600 0 45,600 45,929 0 0 9,695 55,624 1,463.78TOTAL 1,285,100 0 1,285,100 1,294,366 0 0 223,070 1,517,436Note: 1. Taxes and tax increment will vary significantly from year to year depending upon values, rates, state law, fiscal disparities and other factors which cannot be predicted.Total Property Taxes 1,517,436less State-wide Taxes 0less Fiscal Disp. Adj. 0less Market Value Taxes (223,070)less Base Value Taxes (60,706)Annual Gross TIF 1,233,660 WHAT IS EXCLUDED FROM TIF?TAX CALCULATIONSPROJECT INFORMATION (Project Tax Capacity)Prepared by Ehlers
1/27/2022Tax Increment Cashflow - Page 3TIF District No. 26 (Blue Stem) 5% InflationCity of Eden Prairie, MN 425 ApartmentsTAX INCREMENT CASH FLOWProject 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 PaymentOTC Capacity Capacity Incremental Capacity Rate Increment Increment 0.36% 10% Increment Value Yrs. Year Date- - - - 02/01/24100% 107,175 (60,272) - 46,904 100.721% 47,242 23,621 (85) (2,354) 21,182 20,360 0.5 2024 08/01/24100% 107,175 (60,272) - 46,904 100.721% 47,242 23,621 (85) (2,354) 21,182 40,320 1 2024 02/01/25100% 800,090 (60,272) - 739,819 100.721% 745,153 372,576 (1,341) (37,124) 334,112 348,988 1.5 2025 08/01/25100% 800,090 (60,272) - 739,819 100.721% 745,153 372,576 (1,341) (37,124) 334,112 651,603 2 2025 02/01/26100% 1,320,825 (60,272) - 1,260,554 100.721% 1,269,642 634,821 (2,285) (63,254) 569,282 1,157,109 2.5 2026 08/01/26100% 1,320,825 (60,272) - 1,260,554 100.721% 1,269,642 634,821 (2,285) (63,254) 569,282 1,652,703 3 2026 02/01/27100% 1,386,866 (60,272) - 1,326,595 100.721% 1,336,159 668,080 (2,405) (66,567) 599,107 2,164,035 3.5 2027 08/01/27100% 1,386,866 (60,272) - 1,326,595 100.721% 1,336,159 668,080 (2,405) (66,567) 599,107 2,665,342 4 2027 02/01/28100% 1,456,210 (60,272) - 1,395,938 100.721% 1,406,003 703,001 (2,531) (70,047) 630,424 3,182,508 4.5 2028 08/01/28100% 1,456,210 (60,272) - 1,395,938 100.721% 1,406,003 703,001 (2,531) (70,047) 630,424 3,689,535 5 2028 02/01/29100% 1,529,020 (60,272) - 1,468,749 100.721% 1,479,338 739,669 (2,663) (73,701) 663,306 4,212,547 5.5 2029 08/01/29100% 1,529,020 (60,272) - 1,468,749 100.721% 1,479,338 739,669 (2,663) (73,701) 663,306 4,725,304 6 2029 02/01/30100% 1,605,471 (60,272) - 1,545,200 100.721% 1,556,340 778,170 (2,801) (77,537) 697,832 5,254,173 6.5 2030 08/01/30100% 1,605,471 (60,272) - 1,545,200 100.721% 1,556,340 778,170 (2,801) (77,537) 697,832 5,772,672 7 2030 02/01/31100% 1,685,745 (60,272) - 1,625,473 100.721% 1,637,193 818,596 (2,947) (81,565) 734,084 6,307,413 7.5 2031 08/01/31100% 1,685,745 (60,272) - 1,625,473 100.721% 1,637,193 818,596 (2,947) (81,565) 734,084 6,831,669 8 2031 02/01/32100% 1,770,032 (60,272) - 1,709,760 100.721% 1,722,088 861,044 (3,100) (85,794) 772,150 7,372,297 8.5 2032 08/01/32100% 1,770,032 (60,272) - 1,709,760 100.721% 1,722,088 861,044 (3,100) (85,794) 772,150 7,902,324 9 2032 02/01/33100% 1,858,533 (60,272) - 1,798,262 100.721% 1,811,227 905,614 (3,260) (90,235) 812,118 8,448,856 9.5 2033 08/01/33100% 1,858,533 (60,272) - 1,798,262 100.721% 1,811,227 905,614 (3,260) (90,235) 812,118 8,984,672 10 2033 02/01/34100% 1,951,460 (60,272) - 1,891,189 100.721% 1,904,824 952,412 (3,429) (94,898) 854,085 9,537,128 10.5 2034 08/01/34100% 1,951,460 (60,272) - 1,891,189 100.721% 1,904,824 952,412 (3,429) (94,898) 854,085 10,078,751 11 2034 02/01/35100% 2,049,033 (60,272) - 1,988,762 100.721% 2,003,101 1,001,550 (3,606) (99,794) 898,150 10,637,150 11.5 2035 08/01/35100% 2,049,033 (60,272) - 1,988,762 100.721% 2,003,101 1,001,550 (3,606) (99,794) 898,150 11,184,600 12 2035 02/01/36100% 2,151,485 (60,272) - 2,091,213 100.721% 2,106,291 1,053,145 (3,791) (104,935) 944,419 11,748,965 12.5 2036 08/01/36100% 2,151,485 (60,272) - 2,091,213 100.721% 2,106,291 1,053,145 (3,791) (104,935) 944,419 12,302,264 13 2036 02/01/37100% 2,259,059 (60,272) - 2,198,787 100.721% 2,214,641 1,107,320 (3,986) (110,333) 993,001 12,872,619 13.5 2037 08/01/37100% 2,259,059 (60,272) - 2,198,787 100.721% 2,214,641 1,107,320 (3,986) (110,333) 993,001 13,431,790 14 2037 02/01/38100% 2,372,012 (60,272) - 2,311,740 100.721% 2,328,408 1,164,204 (4,191) (116,001) 1,044,012 14,008,158 14.5 2038 08/01/38100% 2,372,012 (60,272) - 2,311,740 100.721% 2,328,408 1,164,204 (4,191) (116,001) 1,044,012 14,573,225 15 2038 02/01/39100% 2,490,613 (60,272) - 2,430,341 100.721% 2,447,864 1,223,932 (4,406) (121,953) 1,097,573 15,155,634 15.5 2039 08/01/39100% 2,490,613 (60,272) - 2,430,341 100.721% 2,447,864 1,223,932 (4,406) (121,953) 1,097,573 15,726,623 16 2039 02/01/40100% 2,615,143 (60,272) - 2,554,872 100.721% 2,573,292 1,286,646 (4,632) (128,201) 1,153,813 16,315,100 16.5 2040 08/01/40100% 2,615,143 (60,272) - 2,554,872 100.721% 2,573,292 1,286,646 (4,632) (128,201) 1,153,813 16,892,038 17 2040 02/01/41100% 2,745,900 (60,272) - 2,685,629 100.721% 2,704,992 1,352,496 (4,869) (134,763) 1,212,864 17,486,613 17.5 2041 08/01/41100% 2,745,900 (60,272) - 2,685,629 100.721% 2,704,992 1,352,496 (4,869) (134,763) 1,212,864 18,069,528 18 2041 02/01/42100% 2,883,195 (60,272) - 2,822,924 100.721% 2,843,277 1,421,639 (5,118) (141,652) 1,274,869 18,670,230 18.5 2042 08/01/42100% 2,883,195 (60,272) - 2,822,924 100.721% 2,843,277 1,421,639 (5,118) (141,652) 1,274,869 19,259,153 19 2042 02/01/43100% 3,027,355 (60,272) - 2,967,084 100.721% 2,988,476 1,494,238 (5,379) (148,886) 1,339,973 19,866,014 19.5 2043 08/01/43100% 3,027,355 (60,272) - 2,967,084 100.721% 2,988,476 1,494,238 (5,379) (148,886) 1,339,973 20,460,976 20 2043 02/01/44100% 3,178,723 (60,272) - 3,118,451 100.721% 3,140,935 1,570,468 (5,654) (156,481) 1,408,333 21,074,029 20.5 2044 08/01/44100% 3,178,723 (60,272) - 3,118,451 100.721% 3,140,935 1,570,468 (5,654) (156,481) 1,408,333 21,675,061 21 2044 02/01/45100% 3,337,659 (60,272) - 3,277,387 100.721% 3,301,017 1,650,509 (5,942) (164,457) 1,480,110 22,294,341 21.5 2045 08/01/45100% 3,337,659 (60,272) - 3,277,387 100.721% 3,301,017 1,650,509 (5,942) (164,457) 1,480,110 22,901,477 22 2045 02/01/46100% 3,504,542 (60,272) - 3,444,270 100.721% 3,469,104 1,734,552 (6,244) (172,831) 1,555,477 23,527,018 22.5 2046 08/01/46100% 3,504,542 (60,272) - 3,444,270 100.721% 3,469,104 1,734,552 (6,244) (172,831) 1,555,477 24,140,293 23 2046 02/01/47100% 3,679,769 (60,272) - 3,619,498 100.721% 3,645,594 1,822,797 (6,562) (181,623) 1,634,611 24,772,132 23.5 2047 08/01/47100% 3,679,769 (60,272) - 3,619,498 100.721% 3,645,594 1,822,797 (6,562) (181,623) 1,634,611 25,391,582 24 2047 02/01/48100% 3,863,757 (60,272) - 3,803,486 100.721% 3,830,909 1,915,455 (6,896) (190,856) 1,717,703 26,029,756 24.5 2048 08/01/48100% 3,863,757 (60,272) - 3,803,486 100.721% 3,830,909 1,915,455 (6,896) (190,856) 1,717,703 26,655,418 25 2048 02/01/49100% 4,056,945 (60,272) - 3,996,674 100.721% 4,025,490 2,012,745 (7,246) (200,550) 1,804,949 27,299,967 25.5 2049 08/01/49100% 4,056,945 (60,272) - 3,996,674 100.721% 4,025,490 2,012,745 (7,246) (200,550) 1,804,949 27,931,878 26 2049 02/01/50 Total58,538,601 (210,739) (5,832,786) 52,495,076 Present Value From 08/01/2023 Present Value Rate 4.00% 31,147,551 (112,131) (3,103,542) 27,931,878 Prepared by Ehlers & Associates, Inc. - Estimates OnlyN:\Minnsota\Eden Prairie\Housing - Economic - Redevelopment\TIF\TIF Districts\TIF 26 (Blue Stem)\Cash flows\TIF Plan Run 1-14-22
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing District No. 26 (Blue Stem) 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. 26 (Blue
Stem), as required pursuant to Minnesota Statutes, Section 469.175,
Subdivision 3 are as follows:
1. Finding that Tax Increment Financing District No. 26 (Blue Stem) is a
housing district as defined in M.S., Section 469.174, Subd. 11.
Tax Increment Financing District No. 26 (Blue Stem) consists of one (1)
parcel. The development will consist of construction of 425 units of
multi-family housing, 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 City
Council, would not reasonably be expected to occur solely through
private investment within the reasonably foreseeable future.
The proposed development, in the opinion of the City, 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 City'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.
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.
Eden Prairie Housing and Redevelopment Authority
Tax Increment Financing District No. 26 (Blue Stem) 15
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. 26
(Blue Stem) 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. 26
(Blue Stem) 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 City 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: Public Hearing
DATE:
March 15, 2022
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION: Vacation 22-01
Vacation of Right-of-Way and Easements
ITEM NO.:
IX.E.
Requested Action Move to: Close the public hearing; and
Adopt the Resolution vacating Right-of-Way and Easements. Synopsis The developer of the Ellie Addition has requested the vacation of right-of way of Lincoln Lane
as dedicated on the plat of Lincolnwood Addition. They have also requested a vacation of the 13-foot wide drainage and utility easement, as dedicated, being the north 13.0 feet of Lot 1, Block 2, Lincolnwood Addition, according to the recorded plat thereof, Hennepin County, Minnesota, except the east 10.0 feet thereof. There has been an Objection from CenterPoint Energy and Comcast regarding existing facilities in the Lincoln Lane right-of-way. The vacation
is conditioned upon a receipt of No Objection to the Vacation from CenterPoint Energy and Comcast. Background Information
The right-of-way and drainage and utility easements were originally dedicated with the plat of Lincolnwood Addition. All of the right-of-way and portions of the drainage and utility easements proposed to be vacated will not be needed as new easements will be dedicated on the new plat of Ellie Addition. The release of the resolution vacating all the right-of-way and portions of the drainage and utility easements shall be conditioned on the recording of the plat of
Ellie Addition and the receipt of No Objection from CenterPoint Energy and Comcast. Attachments
• Resolution
• Location Map
• Site Plans
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-
VACATION OF LINCOLN LANE RIGHT-OF-WAY; PART OF DRAINAGE AND UTILTY EASEMENTS DEDICATED ON LICOLNWOOD ADDITION VACATION 22-01 WHEREAS, the City of Eden Prairie has certain right-of-way and drainage and utility easements described as follows: Lincoln Lane as dedicated on LINCOLNWOOD ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota.
That part of the 13-foot wide drainage and utility easement, as dedicated, being the north 13.0 feet of Lot 1, Block 2, LINCOLNWOOD ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, except the east 10.0 feet thereof.
WHEREAS, a Public Hearing was held on March 15, 2022, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above
described right-of-way, drainage, and utility easements has no relationship to the comprehensive
municipal plan; and WHEREAS, it has been determined that the said right-of-way, drainage, and utility easements are not necessary and have no interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way, drainage, and utility easements as described above are hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A.
412.851. 3. This Resolution is contingent upon and shall not be effective until the plat of Ellie Addition has been recorded with the County Recorder/Registrar of Titles as applicable and a notice of No
Objection has been received from CenterPoint Energy and Comcast. The City Clerk shall not
present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the plat of Ellie Addition is recorded. ADOPTED by the Eden Prairie City Council on March 15, 2022.
________________________ Ronald A. Case, Mayor ATTEST:
_______________________
Nicole Tingley, City Clerk
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.Central MiddleSchoolG:\Engineering\Drawings\Public Works\Easements\Vacations\2022\VAC 22-01.dwg
DATE: 02/08/2022VACATION LOCATION MAPVAC 22-01SITE
VACATION 22-01
NOTICE OF VACATION OF LINCOLN LANE; DRAINAGE AND UTILITY EASEMENTS AS DEDICATED ON LOT 1, BLOCK 2, LINCOLNWOOD ADDITION, HENNEPIN COUNTY, MINNESOTA
Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on March 15, 2022 at 7:00 p.m. to hear all persons
present upon the proposed vacation of Lincoln Lane, drainage, and utility easements described as follows: Lincoln Lane as dedicated on LINCOLNWOOD ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. That part of the 13-foot wide drainage and utility easement, as dedicated, being the north 13.0 feet of Lot 1, Block 2, LINCOLNWOOD ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, except the east 10.0 feet thereof. By Order of the City Council Published in the Sun Sailor on February 24, 2022
NOTIFICATION LIST
VACATION REQUEST 22-01
A copy of the Public Hearing Notice has been sent to owners of the following parcels:
1711622110002 1711622110013 1711622110014 1711622110015 1711622110022 1711622110021 1711622110028 1711622140010 1711622140011
1711622140012 1711622140089
A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications
Comcast Cable
Xcel Energy
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
March 15, 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 289681 - 290016
Wire Transfers 1030117 - 1030266 Wire Transfers 8718 - 8732
Purchasing Card 8720
City of Eden Prairie
Council Check Summary
3/15/2022
Division Amount Division Amount
100 City Manager 28,824 308 E-911 277
101 Legislative 1,984 309 DWI Forfeiture 4,382
102 Legal Counsel 34,336 315 Economic Development 15,434
110 City Clerk 300 317 Eden Prairie Players 50
111 Customer Service 1,561 509 CIP Fund 12,735
112 Human Resources 50 513 CIP Pavement Management 231
113 Communications 6,665 522 Improvement Projects 2006 5,706
114 Benefits & Training 1,543 526 Transportation Fund 7,742
130 Assessing 1,045 804 100 Year History 6
131 Finance 8,786 Total Capital Projects 46,563
132 Housing and Community Services 16
133 Planning 100 601 Prairie Village Liquor 95,313
136 Public Safety Communications 1,683 602 Den Road Liquor 184,397
137 Economic Development 10 603 Prairie View Liquor 113,219
138 Community Development Admin.-23 605 Den Road Building 2,094
150 Park Administration 793 701 Water Enterprise Fund 167,549
151 Park Maintenance 19,534 702 Wastewater Enterprise Fund 362,205
153 Organized Athletics 228 703 Stormwater Enterprise Fund 12,053
154 Community Center 16,582 Total Enterprise Fund 936,829
156 Youth Programs 3,127
157 Special Events 30 802 494 Commuter Services 21,648
158 Senior Center 2,204 806 SAC Agency Fund 52,185
159 Recreation Administration 102 807 Benefits Fund 900,184
160 Therapeutic Recreation 206 812 Fleet Internal Service 79,350
162 Arts 4,556 813 IT Internal Service 82,127
163 Outdoor Center 391 815 Facilites Operating ISF 104,397
168 Arts Center 2,859 816 Facilites City Center ISF 81,546
180 Police Sworn 56,519 817 Facilites Comm. Center ISF 34,281
184 Fire 43,290 Total Internal Svc/Agency Funds Report Totals1,355,718
186 Inspections 1,945
200 Engineering 223 Report Total 2,710,676
201 Street Maintenance 38,491
202 Street Lighting 85,234
Total General Fund 363,191
301 CDBG 5,276
Total Special Revenue Fund 5,276
448 2016A GO BONDS - WEST 70TH ST.3,100
Total Debt Service Fund 3,100
City of Eden Prairie
Council Check Register by GL
3/15/2022
Check #Amount Supplier / Explanation Account Description Business Unit Comments
8726 353,139 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Mar 2022 Premiums
289806 346,661 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee Mar22
8730 268,555 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 02.25.22
8728 191,914 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 02.11.22
8718 95,877 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture
8720 79,199 USB-PURCHASING CARD Canine Supplies Arts Center
1030225 74,996 XCEL ENERGY Electric Street Lighting
1030155 58,368 LOGIS Network Support IT Operating
289943 57,792 GARDNER BUILDERS Capital Under $25,000 Senior Center
289807 51,663 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
1030145 37,205 CENTERPOINT ENERGY Gas Crestwood Park
289763 35,896 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control
289790 33,902 HYDROCORP Improvement Contracts Water Capital
289792 32,477 INDEPENDENT SCHOOL DISTRICT 272 CAM - School City Center - CAM
8732 29,720 EMPOWER Deferred Compensation Health and Benefits
289953 23,644 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
1030152 23,128 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Council
289966 22,809 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
1030146 22,731 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs
1030169 20,749 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Economic Development Fund
8731 20,677 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
289751 20,661 AXON ENTERPRISE INC Capital Under $25,000 Police Sworn
289712 19,964 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
289878 19,765 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1030209 19,376 HANSEN THORP PELLINEN OLSON Improvement Contracts Water Capital
289805 18,899 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital
289965 17,610 MACQUEEN EQUIPMENT INC Small Tools Fire
289739 15,098 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
289722 15,056 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
289897 14,911 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
289985 14,816 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal City Center - CAM
1030221 14,561 STREICHERS Clothing & Uniforms Police Sworn
8721 14,192 FURTHER - AKA SELECT HSA - Employee Health and Benefits
1030168 13,719 XCEL ENERGY Electric Forest Hills Park
8719 12,630 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
289997 11,967 SURFACE PROS LLC Machinery & Equipment Fleet - Gen Gov't
289822 11,798 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal Fire Station #1
289952 11,575 HP INC Computers IT Operating
1030203 11,085 ELECTRIC PUMP Equipment Repair & Maint Water Treatment
289871 10,626 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
289690 10,587 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
289781 10,352 GRAYMONT Treatment Chemicals Water Treatment
289810 10,236 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
289996 10,126 STERNBERG LIGHTING Equipment Repair & Maint Street Lighting
289857 9,304 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
289696 9,054 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
289884 8,588 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
289731 8,386 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
289918 8,000 BERGANKDV LTD Audit & Financial Finance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
289743 7,996 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1030162 7,742 SRF CONSULTING GROUP INC Design & Engineering Transportation Fund
289999 7,500 TECH SALES CO Maintenance Contracts Water Treatment
289872 6,954 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1030210 6,648 HAWKINS INC Treatment Chemicals Water Treatment
1030198 6,619 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Wastewater Lift Station
289705 6,547 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
289988 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
289803 6,384 MATTS AUTO SERVICE INC Other Contracted Services DWI Forfeiture
1030200 6,251 BOYER TRUCKS Equipment Parts Fleet Operating
289992 6,250 SOJOURNER PROJECT INC.Other Contracted Services Police Sworn
289703 5,890 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
290005 5,676 TYLER TECHNOLOGIES INC Training Police Sworn
1030164 5,650 STREICHERS Clothing & Uniforms Police Sworn
1030197 5,566 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
289945 5,340 GRAYMONT Treatment Chemicals Water Treatment
1030158 5,326 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
289804 5,308 MEIER THOMAS Accounts Receivable TIF-Eden Shores Senior Housing
289904 5,265 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
289769 5,050 DYNAMIC IMAGING SYSTEMS INC Software Maintenance IT Operating
289711 4,959 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
289920 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General
289848 4,174 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
289802 4,167 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits
289863 3,979 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
289684 3,941 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
289939 3,926 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
289837 3,835 WM CORPORATE SERVICES INC Waste Disposal Fire Station #3
289967 3,800 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
1030196 3,774 VAN PAPER COMPANY Cleaning Supplies Fire Station #1
289770 3,688 EARL F ANDERSEN INC Signs Utility Operations - General
1030220 3,661 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
289738 3,655 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
1030223 3,644 USA SECURITY Maintenance Contracts Water Treatment
289890 3,631 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
289935 3,582 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Police
1030206 3,557 GENUINE PARTS COMPANY Repair & Maint. Supplies Ice Arena Maintenance
289719 3,546 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1030175 3,536 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
289732 3,499 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
1030218 3,422 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Rehab
289919 3,240 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Fire Station #3
289881 3,168 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
289986 3,124 PROP Other Contracted Services CDBG - Public Service
289685 3,108 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
289915 3,100 BAKER TILLY MUNICIPAL ADVISORS, LLC Other Contracted Services 2016A GO BONDS - WEST 70TH ST.
289791 3,058 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
289817 3,000 NEOLOGY INC Software Maintenance IT Operating
289954 2,943 INDIGITAL INC Other Contracted Services IT Capital
289784 2,871 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
1030154 2,835 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
289704 2,819 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1030205 2,741 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1030149 2,724 FILTRATION SYSTEMS Supplies - HVAC General Community Center
289873 2,691 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
289775 2,678 EHLERS & ASSOCIATES INC Deposits Economic Development Fund
1030130 2,642 CLAREY'S SAFETY EQUIPMENT EMS Supplies Fire
289849 2,633 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
289815 2,589 MRPA Dues & Subscriptions General Fund
289726 2,581 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
289921 2,580 CATALYST GRAPHICS INC Advertising Prairie View Liquor Store
1030142 2,565 VAN PAPER COMPANY Cleaning Supplies General Community Center
290000 2,470 TREE TRUST Other Contracted Services Tree Removal
289697 2,277 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
289788 2,249 HINTERLAND CSG LLC Electric Facilities Operating ISF
289901 2,160 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
289834 2,149 THE ARCHITECT PARTNERSHIP Reimburse-legal notices General Fund
1030188 2,147 KRISS PREMIUM PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
289906 2,143 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
289689 2,139 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
289950 2,070 HLS OUTDOOR Operating Supplies Park Maintenance
1030201 2,036 CENTERPOINT ENERGY Gas Arts Center
289755 2,000 CITY OF EDEN PRAIRIE Dues & Subscriptions Fire
289880 1,984 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
289847 1,982 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
289742 1,939 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
289794 1,925 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
289933 1,843 DSO ARCHITECTURE INC Contract Svcs - General Bldg Senior Center
289981 1,838 PERA Wages and Benefits 494 Corridor Commission
289876 1,828 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
289964 1,820 LEGACY GYMNASTICS Instructor Service Lesson Skills Development
289813 1,800 MINT CONDITION DETAILING INC Repair & Maint. Supplies Fire
289828 1,751 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF
289990 1,745 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Disease
289889 1,739 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
289694 1,731 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
289891 1,725 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
289868 1,686 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
289717 1,663 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
289700 1,658 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
289842 1,645 IAFC Dues & Sub-Memberships Fire
289745 1,619 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
289900 1,606 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
289733 1,593 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
289830 1,571 STANDARD SPRING PARTS Equipment Parts Fleet Operating
8725 1,554 FIDELITY SECURITY LIFE INSURANCE CO Accounts Receivable Health and Benefits
290016 1,553 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
289729 1,543 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1030172 1,530 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
289877 1,486 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
290001 1,477 TRI STATE BOBCAT INC.Equipment Parts Fleet Operating
289766 1,450 DAVEY TREE EXPERT COMPANY, THE Other Contracted Services Tree Removal
290008 1,442 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital
1030214 1,420 MARSHALL & SWIFT Software Maintenance IT Operating
1030136 1,399 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM
289838 1,382 YORKTOWN OFFICES Rent 494 Corridor Commission
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1030211 1,377 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
289982 1,370 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
289856 1,370 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
289896 1,325 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
290004 1,284 TWIN CITIES FLAG SOURCE, INC Supplies - General Bldg Fire Station #1
1030128 1,274 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
289767 1,262 DELI DOUBLE Special Event Fees Senior Center Programs
289946 1,250 GREASE BUSTER OF THE TWIN CITIES Contract Svcs - Garden Rm/Caf.City Center - CAM
289861 1,245 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
289698 1,244 WINEBOW Liquor Product Received Prairie Village Liquor Store
289875 1,213 DOMACE VINO Liquor Product Received Den Road Liquor Store
289710 1,207 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
289930 1,200 DAVE'S FLOOR SANDING & INSTALLING INC Contract Svcs - General Bldg Fitness/Conference - Cmty Ctr
289960 1,200 KRAFT MATTHEW E Other Contracted Services Winter Theatre
1030193 1,145 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance
8723 1,140 FURTHER - AKA SELECT Other Contracted Services Health and Benefits
289686 1,095 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
289829 1,095 SOLUTION BUILDERS Computers 494 Corridor Commission
289693 1,034 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1030226 1,032 ZIEGLER INC Equipment Parts Fleet Operating
289888 1,030 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
289860 1,024 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1030186 1,013 HACH COMPANY Laboratory Chemicals Water Treatment
289741 986 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
289976 982 NAC Contract Svcs - HVAC City Center - CAM
1030167 980 WM MUELLER AND SONS INC Repair & Maint. Supplies Wasterwater Collection
289866 972 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
1030199 969 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
1030217 961 POMP'S TIRE SERVICE INC Tires Fleet Operating
289852 949 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1030138 947 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
1030147 943 ECM PUBLISHERS INC Operating Supplies City Clerk
1030119 921 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
289955 902 INTERTECH INC Contract Development IT Operating
289886 893 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
289786 892 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications
289831 884 STAPLES ADVANTAGE Office Supplies City Hall (City Cost)
289836 878 WASECA TECH SERVICES Equipment Repair & Maint Public Safety Communications
1030132 876 FASTENAL COMPANY Operating Supplies Park Maintenance
1030151 867 GRAINGER Supplies - Plumbing City Hall (City Cost)
289948 857 GYM WORKS Equipment Repair & Maint Fitness Center
1030178 839 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
289737 836 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
289793 830 INDIGITAL INC Other Contracted Services IT Capital
8722 809 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
289970 800 MINNESOTA POLLUTION CONTROL AGENCY Conference/Training Utility Operations - General
289839 795 ZOHO CORP Software Maintenance IT Operating
1030208 761 GRAINGER Repair & Maint. Supplies Facilities Staff
289796 756 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
289801 752 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fire
1030216 737 METRO SALES INCORPORATED*Equipment Rentals IT Operating
289713 735 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
289771 703 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
289782 696 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
1030224 688 VISTAR CORPORATION Merchandise for Resale Concessions
289975 683 MVP CRICKET LLC Instructor Service Lesson Skills Development
289957 656 JOHNSTONE SUPPLY Supplies - HVAC Fire Station #4
8729 648 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
290009 645 XTREME INTEGRATION Contract Svcs - Electrical Senior Center
289727 640 WINEBOW Liquor Product Received Den Road Liquor Store
289746 640 WINEBOW Liquor Product Received Prairie View Liquor Store
8727 630 FURTHER - AKA SELECT HRA Health and Benefits
289799 630 LAURA SOSALLA LLC Other Contracted Services Police Sworn
289753 622 CENTURYLINK Telephone E-911 Program
289895 605 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
289973 600 MINT CONDITION DETAILING INC Equipment Repair & Maint Fire
289688 595 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
289779 594 FIELD ENVIRONMENTAL CONSULTING Contract Svcs - HVAC Police (City Cost)
289908 594 AIRGAS USA LLC Supplies - Pool Pool Maintenance
289949 588 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
289833 579 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
289854 575 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
289961 572 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Maintenance Facility
1030123 558 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
289740 554 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
1030194 543 THE OASIS GROUP Employee Assistance Organizational Services
290003 540 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
289706 537 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
1030122 536 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
289709 518 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
1030195 516 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating
289940 513 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
289718 513 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
1030166 511 VISTAR CORPORATION Merchandise for Resale Concessions
1030161 508 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance
289874 508 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
289832 498 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
290014 490 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating
1030176 486 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
289931 480 DAVEY TREE EXPERT COMPANY, THE Other Contracted Services Tree Removal
289858 468 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
289980 462 PAFFY'S PEST CONTROL Contract Svcs - Pest Control City Center - CAM
289808 455 MHSRC/RANGE Tuition Reimbursement/School Police Sworn
289681 453 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
289937 450 EQUIPMENT COATING INC Equipment Repair & Maint Fleet Operating
289687 440 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1030174 438 VINOCOPIA Liquor Product Received Den Road Liquor Store
289764 435 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission
289925 426 CINTAS CORPORATION Safety Supplies Community Center Admin
289714 420 MEGA BEER Liquor Product Received Den Road Liquor Store
289922 406 CENTURYLINK Telephone IT Operating
289867 402 WINEBOW Liquor Product Received Prairie Village Liquor Store
1030117 387 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
289750 380 ASPEN MILLS Postage Fire
289783 375 GYM WORKS Equipment Repair & Maint Police Sworn
289853 375 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
289827 374 SNAP-ON TOOLS Small Tools Fleet Operating
1030171 373 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1030137 372 METROPOLITAN FORD Equipment Parts Fleet Operating
1030134 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service
289882 369 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
289785 364 HENNEPIN COUNTY FIRE CHIEF ASSOC Training Fire
289869 364 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
289972 356 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Prairie Bluff Conservation
1030180 352 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1030212 351 LEROY JOB TRUCKING INC Other Contracted Services Police Sworn
289910 343 ARAMARK Janitor Service Den Road Liquor Store
289917 336 BARNA, GUZY & STEFFEN ,LTD Legal Legal Council
1030157 336 METROPOLITAN MECHANICAL CONTRACTORS Building Repair & Maint.Utility Operations - General
1030120 329 VINOCOPIA Liquor Product Received Den Road Liquor Store
1030192 323 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
289819 321 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
289840 309 SJOLANDER KATIE Travel Expense Police Sworn
289747 307 AIRGAS USA LLC EMS Supplies-Oxygen Supplies Fire
1030148 306 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
289887 304 WINEBOW Liquor Product Received Den Road Liquor Store
289879 302 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
1030140 302 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
289809 300 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses, Taxes, Fees Senior Center
289824 300 REACH Licenses, Taxes, Fees Ice Operations
289928 300 CORDES JENNIFER Other Contracted Services Winter Theatre
289934 300 DURKEE, DAVID Other Contracted Services Winter Theatre
289987 300 RABBIT RESCUE OF MN Other Contracted Services Specialty Fitness Programs
1030118 300 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
289850 299 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
289894 299 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie View Liquor Store
289691 296 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
289902 295 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1030207 290 GRAFIX SHOPPE Equipment Parts Fleet Operating
1030143 274 WSB & ASSOCIATES INC Design & Engineering Economic Development Fund
289870 268 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
1030125 260 VINOCOPIA Liquor Product Received Prairie View Liquor Store
289762 260 COMPAS Instructor Service Outreach
1030215 256 MENARDS Small Tools Fleet Operating
289823 253 PROP - PR Charitable Contributions Health and Benefits
289855 250 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
289797 248 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD Printing Theatre Initiative
1030141 247 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
289892 244 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
1030127 244 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
289835 240 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
289859 239 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
289761 238 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
1030144 232 BROWNELLS INC.Training Supplies Police Sworn
1030129 231 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management
1030121 231 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
289977 228 NAVRATIL ZACK League Fees Basketball
289903 227 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie View Liquor Store
289989 225 ROSEMOUNT SAW & TOOL CO Equipment Repair & Maint Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
289707 222 DEFIANT DISTRIBUTORS LLC Liquor Product Received Den Road Liquor Store
289734 222 DEFIANT DISTRIBUTORS LLC Liquor Product Received Prairie View Liquor Store
289851 222 DEFIANT DISTRIBUTORS LLC Liquor Product Received Prairie Village Liquor Store
1030126 220 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1030204 218 FILTRATION SYSTEMS Supplies - HVAC General Community Center
289708 216 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store
289721 216 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
289702 203 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
289883 198 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store
289812 196 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
289695 192 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store
289885 188 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
289844 184 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
289720 183 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
289692 182 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
289846 182 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
289845 180 BERGMAN LEDGE LLC Liquor Product Received Prairie Village Liquor Store
289899 177 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
289932 177 DELTA DENTAL Deposits 494 Corridor Commission
1030202 176 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
289725 175 UNMAPPED BREWING CO Liquor Product Received Den Road Liquor Store
1030163 173 STERICYCLE INC Other Contracted Services Police Sworn
290013 173 ASPEN MILLS Clothing & Uniforms Fire
289865 171 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
289905 171 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store
1030177 171 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
289864 170 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
289907 169 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission
289795 169 J H LARSON COMPANY Supplies - General Bldg Maintenance Facility
289936 169 EMERGENCY TECHNICAL DECON Protective Clothing Fire
289974 168 MISURACA THOMAS Other Contracted Services Winter Theatre
289962 166 LAWSON PRODUCTS INC Operating Supplies Fleet Operating
1030133 165 GOPHER STATE ONE-CALL Other Contracted Services Utility Operations - General
289682 162 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
289701 162 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
289730 162 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
1030153 160 LAW ENFORCMENT TARGETS INC Training Supplies Police Sworn
289749 159 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
289916 158 BANJOKO OLUFEMI AR Utility Water Enterprise Fund
289716 156 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store
289862 154 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store
1030160 153 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC Pool Maintenance
289723 152 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store
1030213 150 LOCATORS & SUPPLIES INC Equipment Parts Fleet Operating
289923 150 CERVANTES JUSTIN Other Contracted Services Winter Theatre
289979 150 OSGOOD ERIN Other Contracted Services Winter Theatre
289995 150 STEPHANS DANIEL Other Contracted Services Winter Theatre
1030165 150 USA SECURITY Maintenance Contracts Water Treatment
289728 150 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
1030191 148 PARKER, WARD Travel Expense Police Sworn
1030159 147 PREMIUM WATERS INC Operating Supplies - Water Fire
289715 146 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
289735 144 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
289843 144 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
1030170 141 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
290012 139 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
1030185 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service
289759 139 COMCAST Cable TV Fire
289780 135 GAS TANK RENU OF MINNESOTA Equipment Repair & Maint Fleet Operating
289893 135 DOMACE VINO Liquor Product Received Prairie View Liquor Store
1030187 133 IRMITER, JESSE Training Supplies Police Sworn
289821 132 PRAIRIE LAWN AND GARDEN Equipment Parts Street Maintenance
289958 132 KELLY JOHN J Other Contracted Services Winter Theatre
289991 132 SIKORSKI WILLIAM Other Contracted Services Winter Theatre
289969 128 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations - General
1030135 128 HUNT, JASON Clothing & Uniforms Police Sworn
289736 126 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store
289942 126 FREEZIAC Merchandise for Resale Concessions
289683 122 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
1030173 122 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
289898 120 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
289998 116 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
289938 113 ESTATE OF LINDA DEMESY AR Utility Water Enterprise Fund
289914 112 AZTEC BP Equipment Repair & Maint Police Sworn
289947 107 GROTH MUSIC Operating Supplies Community Band
290007 105 WANG GOUJUN P&R Refunds Community Center Admin
1030182 104 CONCRETE CUTTING AND CORING Operating Supplies Tree Disease
289758 103 COMCAST Cable TV Fire
1030222 102 UPS Postage Fitness Admin.
289956 101 J H LARSON COMPANY Supplies - Electrical Fire Station #3
289909 100 ALSDURF LORI Other Contracted Services Winter Theatre
289944 100 GIEFER CHAD R Other Contracted Services Winter Theatre
289951 100 HOUTZ, STEPHEN J Other Contracted Services Winter Theatre
289744 99 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
289724 96 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
289826 95 SHRED RIGHT Waste Disposal Fire Station #1
289787 95 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating
289757 86 COMCAST Cable TV Fire
1030179 85 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1030131 85 CUSTOM HOSE TECH Equipment Parts Fleet Operating
1030219 84 SPRINT Cell/Pager Plans IT Operating
289814 84 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
289971 84 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
289820 84 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn
289699 82 56 BREWING LLC Liquor Product Received Den Road Liquor Store
289811 81 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
289798 80 LAKETOWN BUILDERS Deposits Stormwater Non-Capital
289841 80 HARRY GREEN LLC Rental License Housing Inspections
290015 79 FERENCE CHRIS AR Utility Water Enterprise Fund
289941 75 FREEVEND TECHNICAL SERVICES Repair & Maint. Supplies Concessions
289768 75 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
289993 73 STANSBERRY ADAM AR Utility Water Enterprise Fund
8724 68 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
289760 67 COMCAST Cable TV Fire
1030156 66 MENARDS Repair & Maint. Supplies Street Maintenance
289748 61 ARAMARK Janitor Service Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1030183 60 FASTENAL COMPANY Operating Supplies Traffic Signs
289777 58 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
289776 57 ELFTMANN, SYLVIA P&R Refunds Community Center Admin
289959 57 KIRCHOFF KAREN P&R Refunds Community Center Admin
289825 55 SAFETY VEHICLE SOLUTIONS Repair & Maint. Supplies Fire
290002 50 TURNER BRYLINSKI KAZ Other Contracted Services Eden Prairie Players
1030139 50 MPX GROUP, THE Printing Police Sworn
1030190 50 MPX GROUP, THE Printing Police Sworn
290006 50 UNRUH FRIESEN SHER Clothing & Uniforms Winter Theatre
289968 50 MINNESOTA AIR INC Supplies - HVAC City Center - CAM
1030184 49 FLEETPRIDE INC Equipment Parts Fleet Operating
289924 47 CINTAS Clothing & Uniforms Fleet Operating
289926 47 COMCAST Cable TV Fire
289927 46 COMCAST Other Contracted Services Police Sworn
289818 45 OSOWSKI BEN Mileage & Parking Skating Rinks/Warming Houses
289765 41 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission
289754 40 CINTAS Clothing & Uniforms Fleet Operating
289778 32 FASTSIGNS Equipment Parts Fleet Operating
289800 32 LINDQUIST JOE Mileage & Parking Skating Rinks/Warming Houses
289816 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
1030124 31 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1030181 30 BOHNSACK, SUE Mileage & Parking Senior Center Admin
289978 30 OPHOVEN SAW SERVICE Equipment Repair & Maint Senior Center Programs
1030150 30 GRAFIX SHOPPE Equipment Parts Fleet Operating
289994 27 STAPLES ADVANTAGE Office Supplies Customer Service
289984 26 POLVI CHRISTOPHER AR Utility Water Enterprise Fund
289983 26 PETTERSSON, STEFAN AR Utility Water Enterprise Fund
289929 26 DALCO Operating Supplies Fleet Operating
289773 22 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
289963 20 LEAGUE OF MINNESOTA CITIES Conference/Training Human Resources
289789 20 HOLCOMB, AUDREY Mileage & Parking Skating Rinks/Warming Houses
289774 17 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
1030189 12 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
289772 11 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
289756 4 COMCAST Other Contracted Services Police Sworn
289752 1 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF
2,710,676 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
3/15/2022
Amount Account Description Business Unit
5,394 Other Revenue General Fund
3,466 Other Contracted Services Wine Club/Events
3,109 Licenses, Taxes, Fees Pool Operations
2,100 Tuition Reimbursement/School Police Sworn
2,084 Dues & Subscriptions Assessing
1,514 EMS Supplies Fire
1,220 Conference/Training Park Maintenance
1,110 Travel Expense City Council
1,099 Conference/Training Fire
1,099 Conference/Training IT Operating
1,099 Conference/Training IT Operating
1,099 Conference/Training IT Operating
1,099 Conference/Training Fire
1,000 Building Materials Capital Outlay Parks
946 Training Supplies Police Sworn
926 Building Materials Park Maintenance
911 Clothing & Uniforms Pool Operations
884 Bank and Service Charges Prairie View Liquor Store
823 Equipment Repair & Maint Park Maintenance
815 Repair & Maint. Supplies Housing and Human Svcs
800 Conference/Training Fire
779 Licenses, Taxes, Fees Arts
750 Tuition Reimbursement/School Police Sworn
700 Tuition Reimbursement/School Police Sworn
690 Dues & Subscriptions Park Maintenance
648 Clothing & Uniforms Pool Lessons
642 Small Tools Fire
621 Operating Supplies Day Care
620 Small Tools Fleet Operating
600 Small Tools Fleet Operating
595 Dues & Subscriptions Finance
588 EMS Supplies Fire
580 Conference/Training Tree Disease
552 Merchandise for Resale Arts Center
549 Licenses, Taxes, Fees Fitness Classes
542 Travel Expense Police Sworn
510 Tuition Reimbursement/School Police Sworn
506 Equipment Parts Fleet Operating
491 Travel Expense Fire
481 Training Supplies Police Sworn
474 Operating Supplies Parks Administration
473 Operating Supplies Fit Kids Club
Amount Account Description Business Unit
450 Conference/Training Inspections-Administration
450 Conference/Training Inspections-Administration
450 Conference/Training Inspections-Administration
450 Advertising Community Center Admin
440 Training Supplies Police Sworn
435 Repair & Maint. Supplies Pool Maintenance
430 Operating Supplies Fire
426 Operating Supplies Fire
384 Operating Supplies Fire
384 Conference/Training Pool Operations
382 Repair & Maint. Supplies Wasterwater Collection
378 Travel Expense Fire
376 Computers IT Operating
370 Travel Expense City Council
369 Conference/Training Aquatics Admin.
367 Safety Supplies Senior Center Admin
366 Training Fire
351 Travel Expense Assessing
348 Operating Supplies Police Sworn
347 Conference/Training IT Operating
347 Travel Expense Fire
339 Operating Supplies Fire
338 Office Supplies Park Maintenance
333 Training Supplies Police Sworn
332 Chemicals Water Treatment
330 Printing Police Sworn
324 Conference/Training Pool Operations
322 Training Supplies Police Sworn
320 Equipment Parts Street Maintenance
317 Conference/Training IT Operating
317 Travel Expense Fire
317 Travel Expense Fire
317 Travel Expense Fire
312 Miscellaneous City Council
307 Small Tools Fleet Operating
305 Tuition Reimbursement/School Police Sworn
305 Tuition Reimbursement/School Police Sworn
300 Conference/Training Inspections-Administration
300 Conference/Training Utility Operations - General
300 Tuition Reimbursement/School Utility Operations - General
300 Tuition Reimbursement/School Utility Operations - General
300 Other Contracted Services Liquor Store Delivery
297 Canine Supplies Police Sworn
290 Tuition Reimbursement/School Utility Operations - General
280 Small Tools Street Maintenance
276 Repair & Maint. Supplies Water Treatment
Amount Account Description Business Unit
250 Conference/Training Utility Operations - General
250 Tuition Reimbursement/School Utility Operations - General
250 Tuition Reimbursement/School Utility Operations - General
249 Office Supplies Arts Center
248 Operating Supplies Pool Operations
245 Operating Supplies Community Center Admin
243 Operating Supplies Tree Removal
238 Operating Supplies Fire
236 Operating Supplies Arts Center
232 Repair & Maint. Supplies Park Maintenance
228 Operating Supplies Fleet Operating
228 Training Supplies Police Sworn
225 Dues & Subscriptions Facilities Staff
215 Operating Supplies Fire
215 Conference/Training Utility Operations - General
215 Conference/Training Utility Operations - General
214 Office Supplies Police Sworn
210 Repair & Maint. Supplies Water Treatment
206 Employee Award Organizational Services
201 Training Supplies Fire
201 Operating Supplies IT Operating
200 Training Supplies Police Sworn
199 Miscellaneous IT Operating
194 Repair & Maint. Supplies City Hall (City Cost)
192 Computers IT Operating
191 Operating Supplies Finance
190 Training Supplies Fire
185 Safety Supplies Utility Operations - General
184 Operating Supplies Arts
181 Office Supplies Police Sworn
180 Licenses, Taxes, Fees Concessions
175 Dues & Subscriptions Organizational Services
170 Computers IT Operating
167 Operating Supplies Fire
156 Operating Supplies Fire
154 Licenses, Taxes, Fees Senior Center Programs
152 Operating Supplies Fire
150 Tuition Reimbursement/School Utility Operations - General
150 Conference/Training Inspections-Administration
150 Conference/Training Pool Operations
148 Operating Supplies Senior Center Programs
146 Travel Expense Fire
145 Conference/Training Inspections-Administration
143 Operating Supplies Police Sworn
137 Operating Supplies Volunteers
135 Repair & Maint. Supplies Water Treatment
Amount Account Description Business Unit
130 Conference/Training Utility Operations - General
130 Conference/Training Utility Operations - General
130 Conference/Training Utility Operations - General
129 Small Tools Fleet Operating
127 Training Supplies Police Sworn
125 Conference/Training Utility Operations - General
125 Conference/Training Utility Operations - General
125 Conference/Training Utility Operations - General
125 Conference/Training Utility Operations - General
125 Conference/Training Utility Operations - General
125 Conference/Training Utility Operations - General
122 Operating Supplies Fire
120 Conference/Training Tree Disease
119 Operating Supplies Arts Center
118 Conference/Training Park Maintenance
117 Training Supplies Fire
115 Conference/Training Utility Operations - General
115 Conference/Training Utility Operations - General
113 Operating Supplies Pool Operations
112 Repair & Maint. Supplies Ice Arena Maintenance
110 Conference/Training Parks Administration
110 Dues & Subscriptions Police Sworn
109 Training Supplies Pool Operations
108 Small Tools Fleet Operating
108 Operating Supplies Engineering
105 Miscellaneous Communications
102 Operating Supplies New Adaptive
100 Dues & Subscriptions Fire
100 Licenses, Taxes, Fees Utility Operations - General
100 Licenses, Taxes, Fees Utility Operations - General
100 Licenses, Taxes, Fees Utility Operations - General
100 Conference/Training Planning
100 Licenses, Taxes, Fees Fitness Classes
100 Conference/Training Pool Operations
100 Advertising Recreation Admin
99 Operating Supplies Pool Operations
97 Operating Supplies New Adaptive
97 Office Supplies Police Sworn
96 Conference/Training Pool Operations
96 Operating Supplies Outdoor Center
95 Equipment Parts Fleet Operating
92 Conference/Training Street Maintenance
92 Building Materials Capital Outlay Parks
91 Operating Supplies Fire
90 Operating Supplies Arts Center
90 Software Fire
Amount Account Description Business Unit
86 Operating Supplies Community Center Admin
85 Repair & Maint. Supplies Police (City Cost)
83 Repair & Maint. Supplies Fire Station #1
82 Operating Supplies Day Care
80 Operating Supplies Community Center Admin
80 Computers IT Operating
79 Other Contracted Services Police Sworn
79 Training Supplies Police Sworn
78 Operating Supplies Community Center Admin
77 Operating Supplies Outdoor Center
77 Operating Supplies Skating Rinks/Warming Houses
75 Employee Award Organizational Services
75 Conference/Training Engineering
75 Training Fire
75 Training Fire
75 Training Fire
74 Repair & Maint. Supplies Police (City Cost)
74 Operating Supplies Pickleball (CC)
73 Operating Supplies Prairie View Liquor Store
73 Operating Supplies Community Center Admin
71 Operating Supplies Fire
70 Deposits General Fund
70 Operating Supplies Fire
70 Dues & Subscriptions Police Sworn
70 Other Contracted Services Organizational Services
69 Operating Supplies Athletic Programs Admin
66 Operating Supplies Volunteers
66 Travel Expense City Council
66 Travel Expense City Council
65 Dues & Subscriptions Park Maintenance
65 Dues & Subscriptions Park Maintenance
65 Operating Supplies Fire
62 Operating Supplies Police Sworn
62 Building Materials Capital Outlay Parks
61 Merchandise for Resale Arts Center
61 Training Supplies Pool Operations
61 Operating Supplies Winter Theatre
60 Operating Supplies Pool Operations
60 Operating Supplies Fire
60 Training Supplies Police Sworn
59 Equipment Repair & Maint Senior Center Programs
58 Safety Supplies Arts Center
58 Repair & Maint. Supplies General Community Center
57 Operating Supplies Outdoor Center
57 Repair & Maint. Supplies Cummins Grill House
56 Operating Supplies Arts Center
Amount Account Description Business Unit
56 Equipment Repair & Maint Park Maintenance
56 Operating Supplies Arts Center
55 Conference/Training Parks Administration
55 Protective Clothing Park Maintenance
55 Operating Supplies Community Center Admin
55 Operating Supplies Winter Theatre
55 Operating Supplies Ice Lessons
53 Operating Supplies Skating Rinks/Warming Houses
52 Tuition Reimbursement/School Police Sworn
52 Merchandise for Resale Concessions
51 Operating Supplies Arts Center
51 Operating Supplies Outdoor Center
50 Dues & Subscriptions Police Sworn
50 Operating Supplies Senior Center Programs
50 Tuition Reimbursement/School Police Sworn
50 Operating Supplies Pool Operations
49 Training Supplies Police Sworn
49 Operating Supplies Fire
47 Computers IT Operating
45 Dues & Subscriptions Communications
45 Operating Supplies Police Sworn
44 Operating Supplies Fire
43 Small Tools Fleet Operating
42 Computers IT Operating
41 Conference/Training Pool Operations
41 Operating Supplies Community Center Admin
41 Operating Supplies Outdoor Center
41 Operating Supplies Arts Center
40 Dues & Subscriptions Engineering
40 Conference/Training Youth Programs Admin
40 Other Contracted Services Organizational Services
40 Licenses, Taxes, Fees Fitness Classes
40 Employee Award Organizational Services
40 Operating Supplies Arts Center
39 Operating Supplies Youth Programs Admin
38 Employee Award Organizational Services
38 Operating Supplies Community Center Admin
38 Operating Supplies Arts Center
37 Operating Supplies Youth Programs Admin
37 Operating Supplies Outdoor Center
36 Repair & Maint. Supplies Water Treatment
36 Operating Supplies Arts Center
35 Conference/Training Pool Operations
35 Operating Supplies Pool Operations
34 Operating Supplies Birthday Parties
33 Operating Supplies Outdoor Center
Amount Account Description Business Unit
32 Operating Supplies Arts Center
32 Operating Supplies Arts Center
32 Operating Supplies Pool Operations
32 Merchandise for Resale Arts Center
30 Operating Supplies Winter Theatre
30 Advertising PeopleFest
30 Fleet User Charge Fire
30 Operating Supplies IT Operating
30 Safety Supplies Senior Center Admin
30 Training Supplies Pool Operations
29 Video & Photo Supplies Assessing
29 Operating Supplies Pool Operations
29 Office Supplies Police Sworn
28 Operating Supplies Fire
28 Operating Supplies Police Sworn
28 Operating Supplies Arts Center
28 Merchandise for Resale Arts Center
28 Operating Supplies Community Center Admin
27 Repair & Maint. Supplies Water Treatment
27 Operating Supplies Pool Operations
25 Licenses, Taxes, Fees Fleet Operating
25 Training Fire
25 Training Fire
25 Training Supplies Pool Operations
24 Travel Expense City Council
24 Operating Supplies IT Operating
22 Operating Supplies Fire
22 Other Contracted Services Organizational Services
22 Operating Supplies Pool Operations
22 Operating Supplies Youth Programs Admin
21 Equipment Repair & Maint Senior Center Programs
21 Operating Supplies Pool Operations
21 Operating Supplies Fleet Operating
20 Conference/Training Fire
20 Conference/Training Human Resources
20 Other Contracted Services Organizational Services
19 Conference/Training Senior Center Admin
19 Office Supplies Police Sworn
19 Operating Supplies Pool Operations
19 Small Tools Fleet Operating
18 Equipment Parts Snow & Ice Control
18 Operating Supplies Pool Operations
18 Operating Supplies Community Center Admin
17 Operating Supplies Pool Operations
17 Employee Award Organizational Services
17 Operating Supplies Fire
Amount Account Description Business Unit
16 Operating Supplies Housing and Community Service
16 Operating Supplies Arts Center
16 Safety Supplies Fleet Operating
15 Mileage & Parking Park Maintenance
15 Dues & Subscriptions Communications
15 Operating Supplies Arts Center
15 Operating Supplies Day Care
15 Equipment Repair & Maint Senior Center Programs
15 Training Supplies Police Sworn
14 Operating Supplies Winter Theatre
14 Operating Supplies Volunteers
14 Operating Supplies Fitness Classes
14 Repair & Maint. Supplies Water Treatment
14 Operating Supplies Pool Operations
14 Operating Supplies Winter Theatre
14 Operating Supplies Arts
14 Operating Supplies Community Center Admin
14 Operating Supplies Fire
12 Mileage & Parking Park Maintenance
12 Mileage & Parking Park Maintenance
12 Mileage & Parking Park Maintenance
12 Mileage & Parking Street Maintenance
11 Merchandise for Resale Concessions
10 Mileage & Parking Economic Development
10 Conference/Training Human Resources
10 Mileage & Parking Administration
10 Training Supplies Fire
10 Equipment Repair & Maint Fitness Classes
10 Operating Supplies Arts Center
10 Operating Supplies Arts
10 Operating Supplies Pool Operations
10 Operating Supplies Senior Center Admin
10 Clothing & Uniforms Winter Theatre
9 Conference/Training Park Maintenance
9 Conference/Training Tree Disease
9 Operating Supplies Arts
9 Software IT Operating
8 Licenses, Taxes, Fees Police Sworn
8 Operating Supplies Arts Center
7 Conference/Training Park Maintenance
7 Operating Supplies Senior Center Programs
7 Operating Supplies Arts
6 Operating Supplies Winter Theatre
6 Operating Supplies New Adaptive
6 Operating Supplies Arts
5 Operating Supplies Pool Lessons
Amount Account Description Business Unit
5 Conference/Training Park Maintenance
4 Travel Expense Fire
4 Operating Supplies Pool Operations
4 Operating Supplies Winter Theatre
2 Licenses, Taxes, Fees Utility Operations - General
2 Licenses, Taxes, Fees Utility Operations - General
2 Licenses, Taxes, Fees Utility Operations - General
2 Operating Supplies Pool Operations
2 Advertising Recreation Admin
2 Operating Supplies Community Center Admin
2 Operating Supplies Community Center Admin
1 Licenses, Taxes, Fees Fleet Operating
-1 Software IT Operating
-2 Operating Supplies Community Center Admin
-2 Operating Supplies Community Center Admin
-6 Operating Supplies Arts
-15 Operating Supplies Fitness Center
-16 Operating Supplies Community Center Admin
-21 Operating Supplies Fleet Operating
-22 Computers IT Operating
-23 Conference/Training Community Development Admin.
-49 Operating Supplies Fire
-57 Repair & Maint. Supplies Housing and Human Svcs
-69 Operating Supplies Athletic Programs Admin
-175 Tuition Reimbursement/School Police Sworn
-175 Tuition Reimbursement/School Police Sworn
-744 Tuition Reimbursement/School Police Sworn
-1,420 Dues & Subscriptions Assessing
79,199 Report Total
CITY COUNCIL AGENDA
SECTION: Ordinances and Resolutions
DATE:
March 15, 2022
DEPARTMENT / DIVISION:
Scott Geber Chief, Fire Department
ITEM DESCRIPTION:
First reading of an ordinance amending City Code Sections 5.76 and 9.05 relating to mobile food vendors
ITEM NO.:
XI.A.
Requested Action
Move to: Approve first reading of an ordinance amending City Code Chapter 5, Section
5.76 relating to Mobile Food Vendors and Chapter 9, Section 9.05 relating to Fire Code permits. Synopsis
This ordinance amends City Code Section 5.76 relating to mobile food vendors to require certain
mobile food units (food trucks) to obtain an operational permit from the Fire Code Official. The ordinance also removes the 21-day annual limitation on mobile food vendor operation and expands the list of zoning districts within which mobile food vendors may operate. The ordinance also makes a housekeeping-type revision to City Code Section 9.05 to clarify the types of permits that
the Fire Code Official may issue. Background The Eden Prairie Fire Department focuses on prevention and community risk reduction. In 2015,
the City Council adopted City Code Section 5.76, which contains regulations applicable to mobile
food vendors, which include food trucks and other food stands. We currently have a permit system to assure fire and life safety inspections occur with food trucks operating in our city. We have examples of unsafe practices and risk with these type of vendors and we want to assure that they are operating with effective fire and life safety in mind. The Fire Department has created a new
operational permit for food trucks that produce smoke or grease-laden vapors in City limits. Most
of our neighboring communities already have this in place. Minnesota State Fire Code allows for such a permit (MSFC 2020 / 105.6.30). The ordinance amendment will implement this permit requirement.
Section 5.76 currently provides that mobile food vendors may operate no more than 21 days
annually in any location unless operated by a permanent business located in the City. The ordinance removes this limitation in order to create greater flexibility for food vendors and various business locations in the City. Further, mobile food vendors currently may only operate in the office, industrial, and rural zoning districts. The ordinance expands this list by allowing operation
in all commercial districts except Neighborhood Commercial and in the Transit Oriented
Development – Commercial district. Attachment 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 5.76 RELATING TO MOBILE FOOD VENDORS AND
CHAPTER 9, SECTION 9.05 RELATING TO FIRE CODE PERMITS 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. City Code Chapter 5, Section 5.76, Subdivision 3, Subsection B, is hereby amended by deleting Subsection B in its entirety and replacing it with the following: B. Operational Permits. All mobile food units equipped with
appliances that produce smoke or grease-laden vapors must obtain
and keep in effect an operational permit from the Fire Code Official as set forth in City Code Section 9.05, Subdivision 6. Section 2. City Code Chapter 5, Section 5.76, Subdivision 3, Subsection C, Item 1, is hereby
amended by deleting Item 1 in its entirety and replacing it with the following:
1. Food stands may operate only in the following zoning districts or subdistricts:
a. the office zoning district set forth in City Code Section 11.20;
b. the industrial zoning districts set forth in City Code Section 11.30;
c. the commercial zoning districts set forth in City Code Section 11.25, except that food stands are not permitted in the Neighborhood Commercial (N-Com) subdistrict;
d. the Town Center – Commercial (TC-C) zoning subdistrict set forth
in City Code Section 11.27; and
e. the rural zoning district set forth in City Code Section 11.10.
Section 3. City Code Chapter 5, Section 5.76, Subdivision 3, Subsection E, is hereby amended by deleting Subsection E in its entirety and replacing it with the following:
E. Written Permission. All food stands and special event food stands may operate on private property only with written permission from the person who owns or controls the property. The operator of the food stand must be in possession of the written permission while operating and must
present such permission to a representative of the City upon request.
Section 4. City Code Chapter 5, Section 5.76, Subdivision 3, Subsection K, is hereby amended by deleting Subsection K in its entirety and replacing it with the following:
K. Fire and Life Safety. All food stands shall comply with Minnesota State Fire Code requirements, including but not limited to those relating to fire and life safety equipment.
Section 5. City Code Chapter 5, Section 5.76, Subdivision 3, is hereby amended by deleting
Subsections M and N in their entirety, and alphabetically re-lettering the remaining subsections of
Subdivision 3. Section 6. City Code Chapter 9, Section 9.05, Subdivision 6, Subsection A, is hereby amended by adding the following new paragraph 1 and renumbering the existing paragraphs 1–5 of
Subsection A sequentially to paragraphs 2–6:
1. Definition. The term “permit” includes, but is not limited to, “operational permits” and “construction permits.” An “operational permit” is a permit that allows the applicant to conduct an operation or business for which a
permit is required by the MSFC for either (a) a prescribed period or (b) until
renewed or revoked. A “construction permit” is a permit that allows the applicant to install or modify systems and equipment for which a permit is required by the MSFC.
Section 7. 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 8. This ordinance shall become effective from and after the date of its passage and
publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day
of March, 2022 and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the _____ day of ________________, 2022.
_________________________________ _________________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2022.
CITY COUNCIL AGENDA
SECTION: Ordinances & Resolutions
DATE
March 15, 2022
DEPARTMENT / DIVISION
Julie Klima, Community Development Director
Jonathan Stanley, Housing & Community Services
ITEM DESCRIPTION
First reading of an ordinance establishing an Affordable Housing Trust Fund
ITEM NO.
XI.B.
Requested Action
Move to: Approve first reading of an ordinance amending City Code Chapter 13 by adding a new
Section 13.04 establishing an Affordable Housing Trust Fund Synopsis The proposed ordinance will establish an Affordable Housing Trust Fund to support the production and
preservation of affordable housing, create new housing opportunities for new or current residents and
qualify the City for potential federal or state matching funds. Background Local housing trust funds, also commonly known as affordable housing trust funds (AHTFs), have been
authorized under Minnesota State Statute § 462C.16 since 2017 and are increasingly being adopted by
cities around the metro, including in Bloomington, Edina, and St. Louis Park. AHTFs are intended to be a consistent, flexible resource for housing within a local jurisdiction and enable communities to prioritize developments that maximize benefit to the local community. Money in an AHTF may be used to make grants, loans, and loan guarantees for the development, rehabilitation, or financing of housing;
match other funds from federal, state, or private resources for housing projects; provide down payment
assistance, rental assistance, and home buyer counseling services; and to pay for certain administrative expenses. The proposed ordinance establishes an AHTF for the City. Under the statute, sources of funding for an
AHTF may include but are not limited to donations; bond proceeds; grants and loans from a state,
federal or private source; appropriations by the local government to the fund; investment earnings of the fund; and housing and redevelopment authority levies. In addition to these funding sources, the proposed ordinance also provides that the City’s AHTF will be funded by payments made in lieu of providing inclusionary housing under the City’s recently-adopted inclusionary housing ordinance. The proposed
ordinance gives the City Manager the discretion to determine the source and amount of funds to be placed in the City’s AHTF. In 2021, the State Legislature authorized $1 million in matching funds for cities that had local housing
trust funds in place, and it is expected there will be an additional proposal for $10 million in the 2022
session with any appropriated funds to be allocated to cities with local housing trust funds by the Minnesota Housing Finance Agency. Staff from the Office of Housing & Community Services will report annually to the City Council on the AHTF’s status and uses.
Attachment
Affordable Housing Trust Fund – Ordinance
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. _______-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 13 TO ADD A NEW SECTION 13.04 ESTABLISHING AN
AFFORDABLE HOUSING TRUST FUND AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 13.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. That Chapter 13 of the City Code is hereby amended by adding a new Section 13.04 to read as follows: SECTION 13.04 – AFFORDABLE HOUSING TRUST FUND
Subd. 1. Findings and Purpose. The Council finds that additional tools are needed to support the rehabilitation and preservation of existing affordable housing within the City, promote the development of new affordable housing, and to provide individuals with financial assistance to encourage and support the purchase and rental of affordable housing. The purpose of this Section
is to create an Affordable Housing Trust Fund that will be used to further the City’s goal of
promoting affordable housing opportunities and diversity in its housing stock such that households of various income levels, ages, and sizes have choice in the place they call home.
Subd. 2. Establishment of Affordable Housing Trust Fund. Pursuant to the authority granted to the City by Minnesota Statutes § 462C.16, an Affordable Housing Trust Fund is established for
the purpose of making grants, loans, and loan guarantees for the development, rehabilitation, or
financing of housing; matching other funds from federal, state, or private resources for housing projects; or providing down payment assistance, rental assistance, and home buyer counseling services. Up to ten percent (10%) of the balance of the fund may be used to pay for expenses incurred by the City in administering the fund.
Subd. 3. Funding Sources. The City’s Affordable Housing Trust Fund will be funded from
multiple sources, including but not limited to: donations; bond proceeds; grants and loans from a state, federal, or private source; appropriations by the City to the fund; investment earnings of the fund; a levy by the City’s Housing and Redevelopment Authority; and payments-in-lieu of providing inclusionary housing made pursuant to Section 13.03. The City Manager or their
designee is authorized to determine the source and amount of funds to be placed in the Affordable
Housing Trust Fund.
Subd. 4. Annual Reporting; Repayment.
A. The City Manager must report annually to the Council on the use of the Affordable Housing Trust Fund account, including the number of loans and grants made, the number and types
of residential units assisted through the account, and the number of households for whom rental assistance payments were provided. The report must be posted on the City’s website.
B. The City Manager or their designee may determine the terms and conditions of repayment
of loans and grants from the Affordable Housing Trust Fund, including the appropriate
security and interest, if any, should repayment be required. Interest on loans and grants will
be as established by the City from time to time or at the time of approval of a specific
project or program.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and City Code Section 13.99 entitled “Violation
a Misdemeanor” are hereby adopted in their entirety, as though repeated verbatim herein.
Section 3. This ordinance shall become effective from and after the date of its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day
of March, 2022, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the ____ day of ____________, 2022.
ATTEST:
_______________________________ ____________________________________
Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on the _____ day of _____________, 2022.