HomeMy WebLinkAboutCity Council - 09/06/2022
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, SEPTEMBER 6, 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. RACE EQUITY INITIATIVE UPDATE
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM III. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 6, 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 CONTRIBUTION FOR ARTS IN THE PARK FROM UPTIME ENERGY DRINKS (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 16, 2022
B. CITY COUNCIL MEETING HELD TUESDAY, AUGUST 16, 2022
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST B. ADOPT RESOLUTIONS AMENDING RESOLUTIONS 2022-64 AND 2022-66 EXTENDING DEADLINE RELATING TO PROJECT APPROVALS AND TIF APPROVALS FOR GTS HOUSING C. APPROVE AGREEMENT WITH EXCEL LAWN & LANDSCAPE FOR SNOW AND ICE MANAGEMENT SERVICES
D. APPROVE CHANGE ORDER NO. 3 WITH VALLEY PAVING, INC. FOR 2022 PAVEMENT MANAGEMENT PROJECT
CITY COUNCIL AGENDA September 6, 2022
Page 2
E. APPROVE CONTRACT WITH ROCHESTER CONCRETE PRODUCTS FOR SINGLETREE RETAINING WALL MATERIALS
F. APPROVE AGREEMENT WITH BRAUN INTERTEC FOR PAVEMENT TESTING FOR 2023 PAVEMENT REHAB PROJECT IX. PUBLIC HEARINGS / MEETINGS
A. CODE AMENDMENT FOR EXTERIOR BUILDING MATERIALS by City of Eden Prairie. First Reading of Ordinance to Amend City Code Chapter 11
Relating to Exterior Building Materials (Ordinance) B. CODE AMENDMENT FOR INCIDENTAL SIGNS by City of Eden Prairie. First Reading of Ordinance to Amend City Code Chapter 11 Relating to Incidental Signs (Ordinance) C. CODE AMENDMENT FOR STORMWATER MANAGEMENT by City of Eden Prairie. First Reading of Ordinance to Amend City Code Chapter 11, Section 11.55 Relating to Stormwater Management (Ordinance)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
1. Resolution Certifying Proposed 2023 Property Tax Levy, Accepting Proposed 2023 Budget, Setting Date for Public Hearing, and Consenting and Approving HRA Tax Levy 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 September 6, 2022
Page 3
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
AGENDA
CITY OF EDEN PRAIRIE HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, SEPTEMBER 6, 2022 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case,
Members Kathy Nelson, Mark Freiberg, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, City Attorney Maggie Neuville, Community Development Director Julie Klima, and Finance Manager Tammy Wilson I. CALL THE HRA MEETING TO ORDER II. APPROVE MINUTES OF HRA MEETING HELD ON MAY 3, 2022 III. ADOPT RESOLUTION APPROVING THE PROPOSED 2023 PROPERTY TAX LEVY AND ACCEPTING THE PROPOSED 2023 BUDGET IV. ADOPT RESOLUTION AMENDING H.R.A. RESOLUTION 2022-03 EXTENDING DEADLINE RELATING TO TIF APPROVALS FOR GTS HOUSING V. ADJOURNMENT
UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, MAY 3, 2022 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, City Planner Julie Klima, Finance Manager Tammy Wilson, and City Attorney Maggie Neuville I. ROLL CALL / CALL THE HRA MEETING TO ORDER Chair Case called the meeting to order at 7:00 PM. Member Narayanan was absent. II. APPROVE MINUTES OF HRA MEETING HELD ON APRIL 5, 2022 MOTION: Toomey moved, seconded by Nelson, to approve the HRA minutes from April 5, 2022. Motion carried 4-0. III. ADOPT MODIFICATION TO REDEVELOPMENT PLAN FOR PROJECT AREA NO. 5 ESTABLISHING TIF DISTRICT NO. 26: GTS HOUSING (BLUE STEM NORTH), ADOPT TIF PLAN, AND APPROVE TIF DEVELOPMENT AGREEMENT (Resolution HRA No. 2022-03) Getschow explained Greco Properties is requesting Tax Increment Financing (TIF) for
GTS Housing located at 6901 Flying Cloud Drive in the Golden Triangle. The City Council held a public hearing on the TIF proposal on March 15, 2022. GTS Housing is a 425-unit mixed-income apartment project which meets the criteria for a new Housing TIF District. The project will be developed in two phases.
Getschow stated the first phase is a four and five story, 237-unit building in which 20 percent of the units, 49 units, will be affordable to residents earning at or below 50 percent 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 percent of AMI. The remaining 176 units will be market rate.
Getschow noted Staff and the Developer have come to terms on the Tax Increment Financing Development Agreement which lays out the expected distribution of increment, determines the type and number of affordable units by bedroom size, characterizes compliance responsibilities going forward and more.
MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution HRA No. 2021-03 approving a modification to the Redevelopment Plan for Redevelopment Project Area No.
HRA MINUTES May 3, 2022
Page 2
5 and establishing Tax Increment Financing District No. 26: GTS Housing, adopt a Tax Increment Financing Plan therefor, and approve the TIF Development Agreement. Motion
carried 4-0. IV. ADOPT OBJECTIVE CRITERIA FOR TIF ASSIGNMENT(S) (Resolution HRA No. 2022-04)
Getschow explained there are times Staff may need to bring TIF agreements back to the
Council. Staff prepared a Resolution which includes a process of allowing the Executive Director to provide consent on behalf of the HRA to assignment of TIF Agreements and TIF Notes allows the City/HRA to provide a streamlined process for assignment and ensures an equitable and consistent use of objective criteria.
Case asked how often the situation arises. City Attorney Maggie Neuville stated the situation happens about once per year. Case asked how many over a ten year period would meet the objective requirements. Neuville stated there has not been a time when a project did not meet the requirements.
Community Development Director Julie Klima agreed she was not aware of a time when the City has denied an assignment. Case noted anytime the City streamlines the process, it is a good thing.
MOTION: Nelson moved, seconded by Toomey, to adopt Resolution HRA No. 2022-04
approving TIF assignment objective criteria. Motion carried 4-0. V. ADJOURNMENT
MOTION: Toomey moved, seconded by Freiberg, to adjourn the HRA meeting. Motion
carried 4-0. Chair Case adjourned the meeting at 7:07 PM.
Respectfully submitted,
________________________ Nicole Tingley, City Clerk
HOUSING AND REDEVELOPMENT AUTHORITY
AGENDA
DATE:
September 6, 2022
DEPARTMENT/DIVISION:
Office of the City Manager /
Finance, Tammy Wilson
ITEM DESCRIPTION:
Resolution approving the proposed 2023
HRA property tax levy and accepting the
proposed 2023 budget
HRA ITEM NO.:
III.
Requested Action
Move to: Adopt the resolution to approve the proposed 2023 property tax levy to be $205,000 and accept the proposed 2023 budget of $205,000.
Synopsis
Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. The HRA must adopt a proposed net property tax levy by September 30 and certify it to the county auditor. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of estimated market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City.
The limit for the City of Eden Prairie is $2,182,447.
Attachment
Resolution
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
H.R.A. RESOLUTION NO. 2022-__
RESOLUTION APPROVING THE HRA PROPOSED 2023 PROPERTY TAX LEVY
AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS
WHEREAS, the Housing and Redevelopment Authority of the City of Eden Prairie has reviewed the proposed 2023 budget and tax levy; and
WHEREAS, the Housing and Redevelopment Authority has decided to accept these recommendations.
NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment
Authority:
1.Approves the following proposed taxes on real and personal property within theCity of Eden Prairie for the 2023 budget contingent upon City Council approval.
Levy on Tax Capacity $205,000
2.Approves the 2023 proposed budget totaling $205,000 at this time.
ADOPTED by the Housing and Redevelopment Authority on September 6, 2022.
______________________________ Ronald A. Case, Chair
SEAL
ATTEST:
______________________________
Rick Getschow, Executive Director
HOUSING AND REDEVELOPMENT AUTHORITY
AGENDA
DATE:
September 6, 2022
DEPARTMENT/DIVISION:
Community Development/Julie Klima
ITEM DESCRIPTION:
GTS Housing (Blue Stem North) – Ratify Administrative Extension
ITEM NO.:
IV.
Requested Action
Move to: Approve Resolution ratifying an administrative extension to the September 1, 2022 deadline to provide evidence of fee interest in the property for the GTS Housing (Blue Stem North) project.
Synopsis
The requested action makes a minor modification to the TIF approvals granted to GTS Housing (Blue Stem North). On May 3, 2022, the HRA approved a resolution granting conditional approval to the adoption of a Modification to the Redevelopment Plan for Redevelopment Project Area No. 5, establishment of Tax Increment Financing District No. 26: GTS Housing,
and adoption of a Tax Increment Financing Plan for GTS Housing (the “TIF Approvals”). The resolution was contingent upon the developer acquiring fee simple title to the property by September 1, 2022.
The modification does not modify any of the previous approvals, it simply extends the deadline to December 8, 2022 for the developer to take title to the property and notify the City to be in
conformance with the resolution.
Background
Because the developer did not sign the Tax Increment Financing Plan at the time it was
approved, the resolution granted conditional approval and included a deadline to ensure that the City is notified of the land transfer. The resolution requires GTS Housing Phase I, LLC to acquire fee simple interest in the property and provide such documentation to the City by September 1, 2022, or all approvals are null and void.
Greco Development has informed the City that the land acquisition has been delayed. On behalf of the HRA and City, the City Manager administratively approved an extension of the deadline to December 8, 2022 to provide evidence of fee simple interest in the property. This extension requires the full approval of the HRA. Staff recommends that the HRA ratify this administrative extension.
Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
HOUSING AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION NO. 2022-__
A RESOLUTION AMENDING H.R.A. RESOLUTION NO. 2022-03 RELATING TO THE TAX INCREMENT FINANCING APPROVALS FOR GTS HOUSING (BLUE STEM) WHEREAS, on May 3, 2022, the Board of Commissioners (the “Board”) of the Housing and Redevelopment Authority in and for the City of Eden Prairie (the “HRA”) adopted H.R.A.
Resolution No. 2022-03 granting conditional approval to the adoption of a Modification to the
Redevelopment Plan for Redevelopment Project Area No. 5, establishment of Tax Increment Financing District No. 26: GTS Housing, and adoption of a Tax Increment Financing Plan for GTS Housing (the “TIF Approvals”); and
WHEREAS, as provided by H.R.A. Resolution No. 2022-03, the Board’s adoption of the
TIF Approvals was contingent on the Developer acquiring fee simple title to the Project property by September 1, 2022; and WHEREAS, the Developer’s acquisition of the property has been delayed and it has
requested an extension of this September 1, 2022 deadline; and
WHEREAS, the Board finds that there are not any changed conditions in community goals and policies related to approval of the Project and that extension of the deadline provided in H.R.A. Resolution No. 2022-03 is appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF THE HRA, that H.R.A. Resolution No. 2022-03 is hereby amended in paragraph 10 to delete the reference to “September 1, 2022” and replace it with “December 8, 2022”; and that all prior actions of the Executive Director related to extension of the September 1, 2022 deadline are hereby approved
and ratified.
ADOPTED by the HRA in and for the City of Eden Prairie this 6th day of September, 2022.
____________________________________
Ronald A. Case, Chair
ATTEST:
___________________________
Rick Getschow, Executive Director
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE:
September 6, 2022
DEPARTMENT/DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation for Arts in the Park
ITEM NO.:
IV.A.
Requested Action
Move to: Adopt the Resolution accepting the contribution in the amount of $500 for Arts in the Park from Uptime Energy Drinks. Synopsis
Arts in the Park is Eden Prairie’s annual art fair that welcomes local and regional artists and makers to beautiful Purgatory Creek Park where they can sell their artwork, homemade beauty products, artisan foods, unique clothing and more. The event also has food and beer for sale along with free hands-on activities for the whole family. 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 $500 for Arts in the Park Uptime Energy Drinks is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of September, 2022.
_______________________
Ronald A. Case, Mayor ATTEST:
______________________ Katie O’Connor, Deputy City Clerk
UNAPPROVED MINUTES
Joint Meeting
Eden Prairie School Board
& Eden Prairie City Council
5:00 p.m., August 16, 2022
Heritage Rooms
Eden Prairie City Center
8080 Mitchell Road
Eden Prairie, MN 55344
SCHOOL BOARD: Chair Adam Seidel, Vice Chair Aaron Casper, Clerk Debjyoti “DD”
Dwivedy, Treasurer Steve Bartz, Board Members Francesca Pagan-Umar, Kim Ross, Charles
“CJ” Strehl
SUPERINTENDENT & CABINET MEMBERS: Superintendent Josh Swanson, Associate
Superintendent of Academics & Innovation Carla Hines, Executive Director of Human
Resources Tom May, Executive Director of Business Services Jason Mutzenberger, Executive
Director of Personalized Learning Robb Virgin, Senior Director of Student Services Christina
Bemboom, Senior Director of Marketing & Communications Dirk Tedmon, Senior Director of
Community Education Shawn Hoffman-Bram, EPHS Principal Nate Gibbs, CMS Principal
Felicia Thames
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott
Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima,
Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia
Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder
Katie O’Connor
I. Dinner: 30 minutes
II. Welcome and Introductions
III. City of Eden Prairie Race Equity Presentation: 15-20 minutes
Getschow stated this is the first joint meeting since 2019. He introduced Megan Yerks, Community Services Coordinator, who has been the staff lead for the race equity
initiative. She is also the staff liaison to the Human Rights and Diversity Commission (HRDC), and some of the Commission Members are present tonight as they have worked closely on this project.
Yerks presented an overview of the Race Equity initiative and report. The second portion of the presentation will focus on areas of overlap with the School District and developing future leaders. With the work of a consultant, a project statement was
created as well as six areas of inquiry. The process involved an internal and external
process. Internally there was a document scan and internal interviews. From the community there were world café sessions. A few community liaisons were hired from Eden Prairie to assist with getting involvement and feedback from all corners of the community. There were also community organization interviews and a community
survey to gather information virtually. The HRDC gathered all the information and
created the EP Race Equity Report with Staff support. City Council accepted the report on January 4th, 2022 and tasked City Staff with implementation. The report includes recommendations sorted by areas of inquiry. Each recommendation includes a list of suggested actions. City Staff have begun the implementation phase. A Race
Equity Action Team has been created with Staff members. One of the first tasks is to
review the recommendations and suggested actions and to begin working within the City structure. Yerks presented the recommendations under the Developing Future Leaders area of
interest. The first recommendation is to partner with Eden Prairie Schools to share
insights from community outreach sessions and work towards common goals. Many community members mentioned they did not understand the relationship between the school and the City. There is immense potential for partnership and collaboration in supporting residents and their families. Recommendation number two is to encourage
youth employment opportunities with the City of Eden Prairie through internships,
summer employment, and career opportunities. The City is well-positioned to offer youth employment opportunities through seasonal and longer-term employment. The suggested actions in this area focus on partnerships and strategies to expand outreach to youth and navigate any barriers to employment and working directly with young
people to learn more about City career pathways. The third recommendation is to
expand youth development program accessibility for underserved youth by reducing barriers to participation. Many families are simply unaware of these opportunities or have difficulty navigating applications and sign-up processes. There is limited ability to participate in unpaid activities as well. The suggested action would be to go to the
community rather than them to us, building capacity with youth-serving organizations,
offering financial support and removing financial barriers, and working with families to identify their needs. Recommendation number four identifies opportunities to raise the voices of young people in our community. Partner with young residents to identify ways for them to grow self-advocacy skills and opportunities. Their participation
makes the City’s work stronger. Suggested actions are to continue to utilize the
Students on Commissions program and to create opportunities for youth to interact with City Leadership. Adam Seidel, Chair of School Board, stated the City’s partnership with the School
District has been critical. He is curious about the recruiting and hiring challenges we
are all facing. He would like to learn about the broader challenges and what types of solutions can be focused on as the School District has also experienced these challenges. Getschow responded there are some programs police departments across the state have been working on to recruit people of color. We are fortunate to have a
lot of people who work for the City that also live in the City. This continues to be an
area to recruit from. 20 percent of the new hires in the last year are people of color in
comparison to the seven percent in previous years. Lotthammer added some of the best successes have been in hiring youth through parks and recreation. The hope is to continue to develop these youth to have a role in local government. Mayor Case added one of the challenges in his role in his job at United Health Group is more diversity at
the entry level positions but not as much in the leadership roles.
School Board Member Francesca Pagan-Umar stated similarly in the School District of the entry level jobs. There needs to be considerations for where recruitment is happening and how to engage diverse people while also eliminating barriers when
possible. School Board Member Kim Ross asked where the City is at with the work
they have done. Yerks responded some of the work begins tonight. Getschow added there have been other areas of interest the City has begun working on. For example in emergency response, the City has already established neighborhood response for police. Yerks added some examples of work that has begun over the summer.
PeopleFest! has always been a strong partnership with the School District, and Cops
and Bobbers was last night with partnership with community education. We are now at the point of operationalizing it, tracking progress, and pairing the work with metrics. Superintendent Josh Swanson stated in reading this report over the winter, there are
many areas the School District can partner on, especially areas the School District is
already doing work. The School District has been working for many years on equitable access for families and reducing barriers. One unique example is providing childcare for community education. The School also continues to work on diversification of the work force. He looks forward to a partnership with the City.
IV. Eden Prairie Schools Referendum Presentation: 15-20 minutes
Swanson presented on the upcoming School referendum. The last operating levy
referendum was a five-year plan. They are now seeking a referendum about eight to
nine years later. With those funds, they have been able to maintain smaller class sizes and free transportation for kids. At the middle school they have increased choices significantly. There are pathways programs in science, technology, engineering, and mathematics (STEM); areas of business; and entrepreneurship. They have done some
very focused work to increase graduation rates. The School District far exceeds State
expectations. EP online has offered families a choice to select the best fit for students and families, especially during COVID. In a March 2022 survey, the School District continues to receive high marks in the 90-percentile range in providing services to families.
Swanson stated about 75 percent of the School’s funding comes from State and Federal dollars. About 25 percent of the funding is received through local levies. If the State revenue matched inflation there would be a significant increase per pupil. In hopes of fiscal stewardship, the School Board also continues to look at efficiencies
such as solar. The new referendum would promise at least another five years without
having impacts to class sizes and programing. There are two questions that will be on the ballot this fall. The first would be to revoke the current operating levy of $1,815.27 per student and replace it with a levy of $2,075.27, which supports personalized learning opportunities and small class sizes. The increase for the average valued home
would be less than eight dollars more per month. The second question on the ballot
would be to renew the existing capital project levy. The bond for buildings was in
2019, and this is a levy for learning. This levy allows the School District to continue to advance and provide needed offerings for their programming. The capital project levy makes key technology possible. If it does not pass, the School District will be in the position to spend down the fund balance and will need to make changes that may
impact stability.
Swanson stated they will be informing residents of what will be on the ballot, when and where to vote. Nelson inquired if only the smartest and highest-grade earners get to take the various high interest courses. Swanson stated they have been working to
explore a way for each student to have choice and options. Felicia Thames, Central
Middle School (CMS) Principal, stated they are working towards increasing the gifted and talented testing to see how more students are testing and if they are qualifying for different courses. Kim Ross added designing pathways and choice is available to all students. They are working to make sure there are not barriers and there are
opportunities for students to take gifted classes. Nate Gibbs, Eden Prairie High School
(EPHS) Principal, stated they are also focusing on support when going through more advanced course work. Pathways are available to all students, but they are working on supporting students through high levels.
Seidel stated he appreciates the opportunity to meet tonight, and he feels confident
about the school referendum prospects. Something of great value is the nonpolitical and non-contentious nature of all Eden Prairie’s government entities and boards. Case added there is a lot of good happening in the City and Schools in Eden Prairie, but he would like to continue to build on it.
V. Discussion: 20-30 minutes
VI. Adjournment
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, AUGUST 16, 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. Council Member Narayanan was absent.
II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS A. HENNEPIN TECHNICAL COLLEGE PROCLAMATION
Case read the Proclamation in full. Joy Bodin thanked the Council for the partnership and explained Hennepin Technical College would like to continue working together for many years
together. B. ACCEPT CONTRIBUTION FOR MOVIES IN THE PARK FROM DENTAL SPECIALISTS ORTHODONTICS (Resolution 2022-89) Lotthammer explained this item is to accept a donation for the Movies in the
Park program from the Dental Specialists Orthodontics.
Case explained the City appreciates this donation because it makes tax dollars
CITY COUNCIL MINUTES August 16, 2022
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go further.
MOTION: Nelson moved, seconded by Toomey, to adopt the Resolution
2022-89 accepting the contribution in the amount of $250 for Movies in the Park from The Dental Specialists Orthodontics. Motion carried 4-0. C. ACCEPT CONTRIBUTION FOR ARTS IN THE PARK FROM HEALTHY KIDS RUNNING SERIES (Resolution 2022-90) Lotthammer explained this item is to accept a donation for Arts in the Park
from Healthy Kids Running Series. The City started a partnership with them this year and oversaw programming to promote running with kids in the community. MOTION: Freiberg moved, seconded by Toomey, to adopt the Resolution
2022-90 accepting the contribution in the amount of $250 for Arts in the Park from Healthy Kids Running Series. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added Item 14A. Council Member Report regarding panhandling. MOTION: Toomey moved, seconded by Nelson, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JULY 12, 2022 B. CITY COUNCIL MEETING HELD TUESDAY, JULY 12, 2022
MOTION: Toomey moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, July 12, 2022, and the City Council meeting held Tuesday, July 12, 2022, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. TRICAM INDUSTRIES by Plan Force Group. Second Reading of Ordinance for Planned Unit Development Amendment on 3.24 acres, Resolution for Site
Plan Review on 3.24 acres (Ordinance 15-2022-PUD-9-2022 for PUD District Amendment, Resolution 2022-91 for Site Plan Review, Development Agreement)
CITY COUNCIL MINUTES August 16, 2022
Page 3
B. ADOPT RESOLUTION 2022-92 APPROVING PARTICIPATION OF HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY (HCHRA) IN EDEN PRAIRIE AFFORDABLE HOUSING PROJECTS C. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS
D. ADOPT RESOLUTION 2022-93 GRANTING COMCAST OF
ARKANSAS/FLORIDA/LOUISIANA/MINNESOTA/MISSISSIPPI/TENNESSEE, INC., A CABLE TELEVISION FRANCHISE EXTENSION E. AWARD CONTRACT TO SURFACE PROS TO SEAL FIRE 1 APPARATUS BAY FLOOR WITH A QUARTZ POLYUREA COATING F. AUTHORIZE PURCHASE OF MILLER PARK LIGHTING EQUIPMENT FROM MUSCO LIGHTING G. APPROVE CONTRACT WITH DE NORA WATER TECHNOLOGIES, LLC, FOR CHLORINE SCRUBBER MAINTENANCE
H. AWARD CONTRACT FOR TRAFFIC SIGNAL EQUIPMENT, CONNECTIVITY, AND SUPPORT TO TRAFFIC CONTROL
CORPORATION I. AUTHORIZE PURCHASE AND UPFITTING OF TWO POLICE
VEHICLES FROM GUARDIAN FLEET SAFETY J. APPROVE SECOND AMENDMENT TO LEASE AND SOLAR EASEMENT; MEMORANDUM OF LEASE AND SOLAR EASEMENT FOR COMMUNITY CENTER SOLAR GARDEN PROJECT K. RECEIVE RESOLUTION 2022-94 FOR PUBLIC IMPROVEMENTS ON WILLOW CREEK ROAD IMPROVEMENTS L. APPROVE CHANGE ORDER NO. 1 WITH VALLEY PAVING, INC. FOR 2022 PAVEMENT MANAGEMENT PROJECT
M. APPROVE AGREEMENT WITH VAISALA INC. FOR PURCHASE AND INSTALLATION OF ROAD AND WEATHER INFORMATION STATION
MOTION: Nelson moved, seconded by Freiberg, to approve Items A-M on the Consent Calendar. Motion carried 4-0.
CITY COUNCIL MINUTES August 16, 2022
Page 4
IX. PUBLIC HEARINGS / MEETINGS
A. EDEN PRAIRIE MULTIFAMILY by Ryan Companies. Resolution for Guide Plan Change from Office to Medium Density Residential on 7.01 acres, Resolution for Planned Unit Development Concept Review on 7.01 acres, First
Reading of Ordinance for Planned Unit Development District Review with waivers and Zoning Change from Rural to RM-2.5 on 7.01 acres, Resolution for Preliminary Plat, Resolution for Findings of Fact in Support of Park Dedication Fees (Resolution for Guide Plan Change, Resolution for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, Resolution for Preliminary Plat, Resolution for Findings of Fact in Support of Park Dedication Fees) Getschow stated the applicant is seeking approval to construct a 211-unit multifamily apartment building on a 7-acre property located in the northwest
quadrant of the intersection of Valley View Road and Topview Road. The property is currently undeveloped. The site has rolling topography, a wetland area, and wooded areas. Surrounding uses include commercial to the west and south, a church and single family residential to the north and single family residential to the east.
Getschow explained the project is guided Office and zoned Rural. The applicant is requesting approval of a Comprehensive Plan Amendment to reguide the property to Medium High Density Residential and a rezoning from Rural to RM-2.5. The proposed density of 30 units per acre is consistent with
the requested Comprehensive Plan designation. Getschow noted the proposed building is 5 stories with one level of underground parking. The project also includes some surface parking. The proposal includes alcove units, 1-bedroom, and 2-bedroom units. In addition,
there are interior amenities such as a club room, fitness center, game room, co-working space and exterior amenities such as a pool, outdoor dining areas, fire pit lounge, bocce ball court, dog run, etc. Getschow pointed out the Planning Commission voted to recommend the
proposal with one no vote and abstention. The discussion there focused on parking issues and traffic impacts. Staff also has parking concerns and has laid out some options and conditions. Tony Barranco, President of Ryan Companies North Region, thanked
Community Development Director Julie Klima and Staff for their support and assistance throughout the process. He noted there are other representatives of the applicant present.
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Mr. Barranco noted the priority in the business community is having the best people to hire, while the priority of the best people to hire is housing. The
team reflected on the Aspire Eden Prairie 2040 Plan and its emphasis on
creating housing opportunities. Currently, most of the unmet housing needs are for those between 40 percent and 80 percent Area Median Income (AMI). The proposal would go a significant way to alleviate Eden Prairie’s and the metro area’s housing burden.
Mr. Barranco added the site is complicated and comes with several natural conditions they have considered. He invited Josh Ekstrand, National Director of Design for Ryan Companies, to continue the presentation.
Mr. Ekstrand showed an overview map of the site. They are proposing 211
units, 272 parking stalls, and about 1.3 stalls per unit. There are a number of soil conditions, wetlands, and trees which made the site difficult. He then showed graphs showing the traffic impact and noted apartment buildings have fewer unique trips per day in comparison to office buildings.
Mr. Ekstrand showed a few slides with proposed exteriors and layouts for the site. He noted they have tried to create an intimate setting and spread out the amenities throughout the site. He showed a proposed design for parking spots and unit layout along with a few elevation depictions.
Mr. Ekstrand noted there have been concerns about the height of the building. He explained the height measurement is the midpoint of the roof. There is a tremendous amount of fall throughout the site, and the building is sunken down considerably. He showed photos of the current site.
Mr. Barranco explained the developers believe there is adequate parking for the proposal. First of all, they are never 100 percent full of tenants. Also, about five to ten percent of their tenants don’t own cars and use alternative forms of transportation. They researched similar projects on Valley View and found
almost half of their parking spaces are open during prime parking times. The
developers would prefer to preserve green space. Mr. Barranco added there was concern about overflow parking going into the nearby neighborhood, but it would be very unlikely due to the terrain and lack
of sidewalks. There are also backup options should there be need for
additional parking down the line. Toomey stated she has concerns about the traffic impact and the difficulty in navigating the turn-around area. The building is too big and too tall along with
too little parking. She asked if the applicant would be willing to do a building
which is one or two stories shorter.
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Mr. Barranco stated they are not able to build a smaller project and have it be
financially viable. The best route for Council Member Toomey’s traffic
concern is to circle to the south around Plaza Drive for a typical traffic pattern. There was laughter from the audience. Toomey stated the intersection needs some work.
Case asked for the audience to be respectful of the process and acknowledged
there are lots of feelings on both sides. Mr. Barranco added there is an option for a U-turn movement for those who would prefer that option. As for the public response, it is a surprise to the
applicant. They conducted neighborhood outreach efforts and have found
support in the community. There was also a public hearing with the Planning Commission. The developers are excited to hear from more neighbors. Toomey stated the County is not willing to do a cut-through from Valley View.
She asked if the developer would be willing to pay for that as it would be
important for emergency vehicles. Mr. Barranco stated their preference would be for through access. They will continue to work with the City and County for an emergency route and plan.
They are open to full movement if preferred by the City and County.
Case thanked the community for their presence at the meeting. The City makes a lot of effort to communicate with its residents. When no one goes to the Planning Commission hearing, it is a surprise to both Staff and the developer
about the response from the residents.
Nelson asked if the building is five stories of residences or four stories of residences with parking. Mr. Barranco stated there are five stories of residences with below grade parking underneath. Nelson stated the building is
almost six stories. Mr. Barranco stated it is five stories along with a basement
underground. Nelson agreed the site is interesting. There are a lot of wetlands, and it has been dry for a few years. She asked if a more wet time period has been taken
into consideration. She noted Mr. Barranco stated there would be a 21 percent
encroachment on the wetlands, but a 10 percent encroachment is normal. Nelson asked how they would handle the water runoff or flooding of the parking lot.
Chad Lockwood, Associate Director of Engineering for Ryan Companies,
explained they would go through watershed approval, and they have made a
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drainage plan which takes the wetlands into consideration. There will be no net increase in flow or pollutants off the site. As for the garage, the elevation is
set above the wetlands. They are nine feet about groundwater, so they do not
have concerns about flooding. Mr. Lockwood added they are proposing a permeable layer of granite chips and filter options to minimize the encroachment.
Nelson asked if they can handle the occasional one- or two-inch rain which
would run through the site. Mr. Lockwood stated the hillside to the north does not drain through their site. Any runoff is being collected in catch basins routed to the stormwater sewers. There is also a filter bench. Volume is held on-site through means of infiltration.
Nelson noted there are a lot of variances. She asked how they propose to deal with visitors in terms of parking. Mr. Barranco stated they intend to have guest parking on surface at grade. There tends to be an ebb and flow of those visiting and those leaving the site. There is an office parcel to the west where
residents may have the option to use should there be a need for overflow
parking. Nelson stated there is also a variance of density from 17 to 30. There is a signage change, and they never allow for larger signage on the walls. There
are also variances on the wetland setback. She asked how the soil remediation
is working and how it works with the wetlands. Mr. Barranco stated some soils would need to be reinforced to allow for construction. Mr. Lockwood stated the soil remediation would be considered
soil corrections for the site. The site is comprised of organic deposits which
are not conducive of supporting a structure. The approach is to excavate those soils and replace them with soil more conducive for construction. Nelson stated there is no play area on site. They have found, especially during
COVID-19, the need for a park on site. The closest park is too far of a walk for
children and passes an unsafe road. Mr. Barranco stated they have a large number of amenities on site such as a pool, bocce ball, and green space. They chose amenities which would be most appropriate for who they would expect to reside in the building.
Nelson asked if all of the lighting is compliant and if any light would encroach on the neighborhood. Mr. Lockwood stated the lighting would be downcast fixtures with cutoffs were needed to meet City ordinances. The light will stay on the property and be dark sky compliant.
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Nelson asked why there wasn’t an environmental assessment with the poor soil and the wetlands. Mr. Lockwood stated an environmental assessment (EAW)
was not triggered by the State’s current guidelines. Klima confirmed an
environmental assessment was not required for the project, but there was an environmental review appropriate for the size of the project which was reviewed by City Staff.
Nelson asked if there are electric car plug-ins. MaKinnah Collins, Civil
Designer at Ryan Companies, stated there are 89 electric vehicle capable stalls, and there would be four ready for use. Nelson asked if there will be solar panels on the building or if the building
would be solar capable. Ms. Collins stated the building is not set up for solar
panels. Nelson stated solar will be necessary down the line. It would be important for the roof to hold the weight and have the required electric connections.
Freiberg pointed out he has walked the property multiple times. The applicant
thinks the parking is appropriate, but if they are wrong, they will lease spots from a neighbor who already needs the 315 spots of his own to comply with the City Code. Projects should be self-contained.
Freiberg agreed the site is challenging. However, the height variance of 20
feet, which is almost 50 percent of the current allowance. As for the U-turn, those are not casual and easy. He noted he attempted a U-turn there the other day, and he was almost hit by another car. Freiberg stated the drainage issues are also something to consider.
Case pointed out the Council comes to the meeting with an open mind, but they are very prepared for such presentations. They have read all of the relevant emails, spoken on the phone with residents, walked the site, and discussed concerns with Staff. The project would require a unanimous vote to move
forward. He noted there are 20 people who have asked to speak and
encouraged the commenters to consider wrapping up their comments around three to four minutes as there are many voices to hear from. Maria Ringsmuth, 13166 Beehive Court, stated Council Member Toomey
shared all of the concerns she has about the project. Council Member Nelson
also shared many more concerns than she herself was aware of. Additionally, Council Member Freiberg was almost hit by a car while surveying the site. She explained people do not listen to texting laws.
Ms. Ringsmuth directed a comment to Ryan Company and stated the proposal
looks like a prison. She added she went door-to-door to one hundred homes
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and reached 60 of the neighbors. She told Ryan Company has created an abhorrent proposal.
David Ringsmuth, 13166 Beehive Court, noted the City Code requires two parking spaces per unit. The height variance and parking spot variance are important. The neighbors moved there with the expectation of any nearby buildings meeting Code requirements for height.
Charles Gibson, 7343 Ann Court, explained he drives through the area regularly. They recently turned the left turn on Valley View and Top View to be more difficult to make a left turn during rush hour. Mr. Gibson added he has concerns about the size of the proposed structure and the impact on the water
table.
Mr. Gibson added the parking may be fine for now; it may not be down the line. He drives an electric car as do some of his neighbors. All of the electric vehicle charging stations are underground and would likely require an
additional fee to park there.
Mr. Gibson noted there is a large hill with a lot of runoff. Additionally, it is not safe in the winter for a lot of cars to be going through a stoplight up the hill.
Patricia Mallow, 7253 Gordon Drive, noted her agreement with previous
comments. She stated the blue is very ugly, there is a lot of traffic, and the parking is a concern. Jack Mallow, 7253 Gordon Drive, pointed out there are a number of roads that
feed into Valley View Drive. The site would encourage U-turns and increase
car accidents. The hill also makes it difficult to navigate the area in the winter safely. Linda Rotshafer, on behalf of 7455 Scott Terrace, stated she lives on the west
side of Eden Prairie, but her son lives near the site in question. Her son is
unable to attend the meeting. The apartment seems to be targeting millennials with the amenities. However, her son and any of his friends in the same age group do own cars.
Ms. Rotshafer asked if the people would have to pay extra for underground
parking as that would impact where people park on the surface lot. Ms. Rotshafer pointed out there is dangerous traffic on the nearby streets. Traffic coming from the east on Valley View is coming from a corner, and there
is now a proposed U-turn. Roberts is likely to become a through street with the
proposed changes, which is not equipped for additional traffic.
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Ms. Rotshafer added mailings only went out to people living within 500 feet of
the site, of which there are very few people. There was nothing shared online.
Also, if the Planning Commission meeting was the proper forum to express concerns, it was held only one month ago and wouldn’t have had much impact on Ryan Companies’ time and effort. She would have liked to attend the Planning Commission hearing to ask why they wanted to move the project
forward.
Case confirmed the Council is aware of concerns regarding the traffic, the hill approach, redirected through traffic, and parking. He asked if there are any more issues for the Council to consider.
Anne McMahon, 7251 Topview Road, noted they emailed their comments to the City, but it is comprised of similar concerns raised by other residents. She explained her son just got a driver’s license and is a skittish driver in the area.
John McMahon, 7251 Topview Road, explained they are troubled about the
variances requested for the projects. Variances don’t respect what the community is entitled too. Todd Pennington, 13566 Kerry Lane, noted the Eden Prairie website says
zoning regulations ensure land in the City is being used efficiently and
appropriately as well as avoid overcrowding. It is meant to meet community standards. Approving the variances would set a poor precedence for future projects. The project doesn’t fit in the particular spot.
Tony Morimoto, 7214 Topview Road, explained the Council is very principled.
He shared an example of a fence project at Olympic Hills where a compromise was found. The Council can find a way to make the project work without such extreme variances.
Wendy Klute, 7333 Ann Court, explained she chose to move to Eden Prairie
when she joined law enforcement there. She has since chosen to stay because she loves the community. The City has high standards of building, such as the minimally orange Home Depot. The proposed project is dangerous, and she trusts the Council to uphold the City standards.
Eric Vinson, 12771 Villa Lane, stated his property backs up to Roberts, which is just north of the project. The project would allow for hundreds of people to stare right into his backyard. The elevation depictions shown are entirely inaccurate.
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Mr. Vinson stated the zoning and building standards of Eden Prairie have been upheld for many years. The residents knew something would go into the space
at some point, but the traffic, aesthetics, and parking issues do not align with
the area. Lowering the height of the building would reduce the parking issues, overcrowding, and the impact on the area. Mr. Vinson added the left turn lane allows a driver to see oncoming traffic.
However, a large vehicle in the way would limit one’s vision, which increases
the risk of accidents. He noted he and another resident were at the Planning Commission meeting and expressed their opposition to the project. Megan Bowhal-Osborn, 12789 Vina Lane, noted she was at the previous
meeting. The actual height is a little bit over 70 feet, which is a concern. She
also has concerns about noise with the pool and fire pits. She asked about time restrictions at the Planning Commission meeting, but she has not received a response.
Vicki Koenig, 7239 Topview Road, thanked the Council for listening. She
stated her main concern, on top of what was already discussed, is the environmental impact. It is basically all wetland. There should be more screening as well.
Richard Skala, 7222 Taffy Way, asked why the variance is being considered.
He thanked Toomey, Freiberg, and Nelson for being critical of the project. There is not a shortage of housing, as being claimed by the developer. As for a potential parking agreement with the neighboring business, there will be lots of requirements for snow removal which will impact parking abilities. He added
there are people already talking about moving from the neighborhood.
Getschow noted he and those sitting to his left are not elected officials, so they are not in a position to comment on the project. Also, one Council Member is absent. Mayor Case stated he would add his comments after the public has an
opportunity to speak.
Mark McKenzie, 7330 Stewart Drive, asked what the process is going forward. Case stated the Council will share their opinions and views. He explained all
land in Eden Prairie is zoned as rural until there is a development, so that is up
for consideration. Commercial zoning was pre-guided. The 45-foot maximum refers to the potential for a commercial property. Klima stated the comprehensive plan guides the site for office. Previous projects with a residential building above 45 feet have received a waiver.
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Case explained a zoning change requires four votes from the Council, even though Narayanan is absent. All four of the Council present have concerns.
The proponent can choose to return in the future with revisions. At that time, it
would go through the process again of review by Staff and the Planning Commission. Amy Sheer, 7275 Topview Road, stated she and her husband walk Roberts
regularly. People drive on Roberts instead of doing a U-turn. It is already
dangerous for pedestrians, and the project would add to that. Peter Rasmussen, 13100 Roberts Drive, stated Valley View and Topview are a mess. Roberts exists to get emergency vehicles into the neighborhood. He
asked if there could be a sign or something which would only allow for
residents. He added even more electric vehicle charging stations will be needed. Robert Kahl, 7366 Topview Road, asked if Ryan Companies returns with
another proposal, would only those within 500 feet be notified. Case stated
they would notice beyond 500 feet due to the interest of the surrounding neighbors and the overall community. Karin Keeling, 11447 Anderson Lakes Parkway, explained at a previous
meeting she asked if there would be an EAW, and the Council confirmed there
would be. However, since then she has heard otherwise. Klima stated there was a question at the Planning Commission meeting regarding an EAW performed for the project. At the previous meeting and the
current meeting, the same answer was given that the project did not trigger an
EAW. Ms. Keeling stated she clearly remembers everyone said yes to the EAW.
Raena Gruber, 7236 Topview Road, stated they just moved to the area from
Minneapolis. They moved because her road became a passthrough. As it stands, their neighborhood feels safe and tucked away. She asked if having young people or lower-income people move into the project area may cause more danger.
MOTION: Toomey moved, seconded by Nelson to close the public hearing. Motion carried 4-0. Case stated he came into the meeting with concerns about the project. Every
former project proposed on the site emptied onto Topview Road. The density
and traffic are not the problem they fear because they have done traffic studies.
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However, it is too intense. Case explained the code allows for an adjusted pitched roof measure because it is more attractive yet taller than a flat roof.
The project made sense in concept.
Case added something will go into the area eventually. The warehouse buildings like the one to the west generate more traffic. He noted some people believe too many apartments are going into Eden Prairie. The Council doesn’t
go out to seek more apartment buildings. Instead, they manage land
developments with zoning as a guide. Case stated as for variances, variances are meant to get a better project such as more open space or saving more trees. The market is demanding apartment
buildings as the metro area is 20,000 units. By 2030, there will be 75,000 units
needed. The metro will grow by one million people in the next ten years. When there is open land, a developer is driven by a market. It may be an apartment down the line, but the current proposal may not be appropriate for the site.
Freiberg stated he does not support the variances. There was applause from the audience. Case asked for people to hold their applause until the end.
Nelson stated there are too many variances, wetland encroachment, not intended for families, too few electric vehicle charging stations, and it is not prepared for solar. There could be a smaller apartment building which works better with the wetland and is more forward-thinking.
Toomey thanked the public for sharing their thoughts. She noted her agreement with other Council Members. Her primary concerns are the traffic impacts, the parking, the height, the soil corrections, and the neighbor’s input.
Toomey stated she is sorry the project is not right for the site because the City
needs more affordable housing. The project was supposed to be 25 percent affordable housing, which refers to those who are at or below 80 percent of the area median income. In Eden Prairie, it refers to individuals who are making around $70,000 to 80,000 per year. Toomey added the property is privately
owned and will be developed at some point.
Case agreed with comments of the Council. He stated the removal of the top floor would change a lot of concerns. It is a hard site. Preparing the soil is expensive. There may be a one-story warehouse site built on the space down
the line which would have a higher traffic impact.
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Case added the perception of affordable housing is different for different people. Affordable housing is structurally subsidized which allows certain
portions of the building being rented out at a lower rate to those making less
than 80 percent AMI. It could be for people earning up to $75,000 such as police officers or teachers or a majority of the City workers. The Council is working to get affordable units in the market-rate apartment buildings to better serve more people.
Case asked what the next steps are. Getschow stated zoning usually requires a simple majority, except for when changing zoning from residential to commercial or industrial. The zoning piece would have required just three votes. The 2040 Comprehensive Plan amendment would require a super
majority. According to State law, if the City does not vote up or down on the
application, it would automatically be approved. Therefore, it would be the recommendation for Council to direct staff to prepare findings of fact for denial, unless the applicant withdraws their application.
MOTION: Nelson moved, seconded by Freiberg to direct Staff to prepare
findings of fact for denial. Motion carried 4-0. Case thanked the public for their care and concern for the City.
Mr. Barranco noted they usually have the opportunity to respond to public
comment before a decision is reached by the Council, but he will discuss process with the City Manager. He stated the region is in a housing crisis, and there could be an upcoming housing failure.
Mr. Barranco added as for Code, it is written with variances. The developer
has the goal to deliver the best project possible with as few variances as possible. He agreed they would like to see better traffic conditions in the area, and Ryan Companies is looking to invest in and improve Eden Prairie.
Mr. Barranco explained he is taken aback by the process. There was a failure
of process across the board. Neighbors could have been notified and engaged earlier by the City. The development team has invested thousands of hours and dollars to improve the tax base of Eden Prairie and provide additional housing. Staff has continued to encourage the process, but it was shocking to see
additional input. The developers want to serve the neighbors well, and it has
been a failure of process. Mr. Barranco stated they could have taken direction from the Council to consider if adding solar or more electric vehicle charging stations is viable.
They could double check the slopes, research family-friendly amenities, or
adding a sign requiring access on Roberts be limited to residents. The
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developers look forward to continued conversations with the City, but he does not see a feasible way to reduce the project by one story, although they will
consider some options.
Case stated he knows there are feelings on both sides. The Council and Staff will talk about ways they can better inform the community of projects. He stated he likes working with Ryan Companies as they do good work, and he
hopes to see future projects with them in Eden Prairie.
B. 2021 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) Getschow stated the 2021 Consolidated Annual Performance and Evaluation Report (CAPER) evaluates the City’s accomplishments toward meeting goals defined in the Consolidated Plan, as required by the Department of Housing
and Urban Development (HUD) for communities receiving Community Development Block Grant (CDBG) funding. Karschnia stated CDBG provides communities with resources for a wide range of unique community development needs. The City of Eden Prairie became an
entitlement community in 2006. The CDBG funds local housing and public service activities and are subject to Federal oversight. The CAPER assesses how CDBG was used in the previous year. Karschnia explained a portion can be used for public service programs and
administration, but the majority is used for housing programs. The housing programs are focused on populations in need of additional support. Karschnia added Eden Prairie follows a mandated timeline for the CDBG program. She showed a flow chart with the timeline information.
Karschnia stated CDBG funds in the amount of $372,000 were used in 2021 in areas of rehabilitation, affordable housing, public service and administration. She offered to answer any questions. There were no comments from the audience.
MOTION: Nelson moved, seconded by Toomey, to close the public hearing. Motion carried 4-0. X. PAYMENT OF CLAIMS
MOTION: Toomey moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Nelson, Toomey, and Case voting “aye.”
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XI. ORDINANCES AND RESOLUTIONS
A. FIRST AND SECOND READING OF ORDINANCE 16-2022 AMENDING CITY CODE CHAPTER 5 BY ADOPTING A NEW SECTION 5.79 RELATING TO EDIBLE THC PRODUCTS AND RESOLUTION APPROVING SUMMARY ORDINANCE 2022-95 FOR PUBLICATION Getschow stated in 2019, the Minnesota legislature legalized the sale of certain products containing nonintoxicating cannabinoids extracted from hemp,
commonly known as CBD. The legislature recently amended the law, Minnesota Statutes Section 151.72, to specifically legalize certain “edible cannabinoids” derived from hemp containing a small amount of THC, the main psychoactive compound found in the cannabis plant. The law now permits the sale of products containing THC that are intended to be eaten, commonly
known as “edibles,” as well as beverages containing THC. These products may contain no more than 0.3% of any THC total, no more than five milligrams of THC per serving, and no more than fifty milligrams of THC per package. The law prohibits the sale of these edible THC products to anyone under the age of 21.
Getschow stated many cities are moving to license or regulate sales of THC as there is no overarching legislation. The next session is likely to include legislation addressing THC, which would later need to be implemented into any City ordinances.
Getschow stated the ordinance would allow Eden Prairie businesses to obtain a license from the City, similar to the process for tobacco or alcohol. The purpose is ensure retailers are selling these products only in accordance with state law and to provide safeguards to ensure they are not being sold to anyone
under 21. The proposed ordinance also provides for compliance checks to ensure all requirements are being followed. He added some other cities are going the route of moratorium. Getschow stated the purpose of both readings is to move the process along. If
there are not enough votes, it would be brought back at a future meeting for a second reading. MOTION: Toomey moved, seconded by Freiberg, to approve the first and second reading of an ordinance amending City Code Chapter 5 by adopting a
new Section 5.79 relating to edible THC products. Case asked what the plans are to inform businesses of the ordinance. Getschow stated Staff will inform all tobacco stores and any other stores which
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may be selling THC. It will also be on the City website.
Case asked what the penalty is for violating the Ordinance. Neuville stated the
penalty is a simple misdemeanor. Case asked if there is a grace period for those who may not be aware of the new ordinance. Getschow stated Staff would be understanding with those who
are awaiting application approval. If businesses continue to sell without
applying for a license, Staff will reach out to them directly. There still needs to be an ordinance published. VOTE ON THE MOTION: Motion carried 4-0.
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS 1. Panhandling —Mayor Case
Case stated he had a resident share a concern with him regarding panhandling. Anyone can stand legally on any public space at any time. The City has some leverage that no one can be endangering themselves or drivers. If a panhandler crosses traffic to obtain goods, it is very dangerous.
Case added there are strict requirements where they cannot implement an ordinance outlawing panhandling. There could be an ordinance restricting signage or the width of the median. However, they do not want to go that direction. Instead, they could ask law enforcement to concern themselves with
the safety of both drivers and panhandlers.
Nelson noted if panhandlers are acting aggressively, that is a situation where law enforcement could intervene.
Case stated they don’t want to get so precise as to define aggression, but the
Council wants the public to know they will not eliminate panhandling while law enforcement is more proactive in ensuring the safety of all people within Eden Prairie. Case added Staff employees or PROP have responded to panhandlers to offer any services which may be helpful to them.
XV. OTHER BUSINESS
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XVI. ADJOURNMENT
MOTION: Freiberg moved, seconded by Nelson to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 9:20 p.m.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 6, 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: Eden Prairie Lions Club Event: Harvest to Halloween Festival Date: October 15, 2022 Place: Historic Dorenkemper House
9090 Riley Lake Road
Organization: The Preserve Association Event: Fall Wine Tasting Date: November 4, 2022
Place: Preserve Community Center Barn
11221 Anderson Lakes Parkway Temporary 3.2 Beer
Organization: Eden Prairie Lions Club
Event: Pax Christi Homecoming Fiesta Fun Date: October 2, 2022 Place: Pax Christi Catholic Community 12100 Pioneer Trail
Gambling/Bingo Organization: Eden Prairie Chamber of Commerce Place: Fat Pants Brewing
8335 Crystal View Road
Date: November 10, 2022
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 6, 2022
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Beth Novak-Krebs
ITEM DESCRIPTION:
GTS Housing (Blue Stem North) – Ratify Administrative Extension
ITEM NO.:
VIII.B.
Requested Action
Move to: Approve a Resolution ratify an administrative extension to the September 1, 2022 deadline to provide evidence of fee interest in the property for the GTS Housing (Blue Stem North) project. Synopsis
The requested action makes a minor modification to the Project and TIF approvals granted to GTS Housing (Blue Stem North). On May 3, 2022, the City Council approved Resolution No. 2022-64 granting conditional approval of Ordinance No. 13-2022-PUD-7-2022, Resolution No. 2022-63 and the Development Agreement and Resolution No. 2022-66 granting conditional approval of a Modification to the Redevelopment Plan for Redevelopment Project Area No. 5,
establishment of Tax Increment Financing District No. 26: GTS Housing, and adoption of a Tax Increment Financing Plan for GTS Housing. The ordinance, resolutions and approvals were contingent upon the developer acquiring fee simple title in the property by September 1, 2022. The modification does not modify any of the previous approvals, it simply extends the deadline
to December 8, 2022 for the developer to take title to the property and notify the City to be in conformance with the resolution. Background Because the developer did not sign the Development Agreement or the Tax Increment Financing
Plan at the time it was approved, the resolution granted conditional approval and included a deadline to ensure that the City is notified of the land transfer. The resolution requires GTS Housing Phase I, LLC to acquire fee simple interest in the property and provide such documentation to the City by September 1, 2022, or all approvals are null and void.
Greco Development has informed the City that the land acquisition has been delayed. On behalf of the City, the City Manager administratively approved an extension of the deadline to December 8, 2022 to provide evidence of fee simple interest in the property. This extension requires the full approval of the City Council. Staff recommends that the City Council ratify this administrative extension.
Attachments Resolution for Project Approvals Resolution for TIF Approvals
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-__ A RESOLUTION AMENDING RESOLUTION NO. 2022-64 RELATING TO APPROVALS FOR GTS HOUSING (BLUE STEM)
WHEREAS, on May 3, 2022, the Council adopted Resolution No. 2022-64 granting conditional approval of Ordinance No. 13-2022-PUD-7-2022, Resolution No. 2022-63, and the Development Agreement for GTS Housing (Blue Stem) (the “Project”); and
WHEREAS, as provided by Resolution No. 2022-64, the Council’s approval of Ordinance
No. 13-2022-PUD-7-2022, Resolution No. 2022-63, and the Development Agreement was conditioned on the Developer acquiring fee simple title to the Project property by September 1, 2022; and
WHEREAS, the Developer’s acquisition of the property has been delayed and it has
requested an extension of this September 1, 2022 deadline; and WHEREAS, the Council finds that there are not any changed conditions in community goals and policies related to approval of the Project and that extension of the deadline provided in
Resolution No. 2022-64 is appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that Resolution No. 2022-64 is hereby amended to delete all references to “September 1, 2022” and replace them with “December 8, 2022”; and that all prior actions of the
City Manager related to extension of the September 1, 2022 deadline are hereby approved and
ratified.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of September, 2022.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Katie O’Connor, Deputy City Clerk
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-__ A RESOLUTION AMENDING RESOLUTION NO. 2022-66 RELATING TO THE TAX INCREMENT FINANCING APPROVALS FOR GTS HOUSING (BLUE STEM)
WHEREAS, on May 3, 2022, the Council adopted Resolution No. 2022-66 granting conditional approval to the adoption of a Modification to the Redevelopment Plan for Redevelopment Project Area No. 5, establishment of Tax Increment Financing District No. 26: GTS Housing, and adoption of a Tax Increment Financing Plan for GTS Housing (the “TIF
Approvals”); and
WHEREAS, as provided by Resolution No. 2022-66, the Council’s adoption of the TIF Approvals was contingent on the Developer acquiring fee simple title to the Project property by September 1, 2022; and
WHEREAS, the Developer’s acquisition of the property has been delayed and it has requested an extension of this September 1, 2022 deadline; and WHEREAS, the Council finds that there are not any changed conditions in community
goals and policies related to approval of the Project and that extension of the deadline provided in
Resolution No. 2022-66 is appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that Resolution No. 2022-66 is hereby amended in paragraph 5.05 to delete
the reference to “September 1, 2022” and replace it with “December 8, 2022”; and that all prior
actions of the City Manager related to extension of the September 1, 2022 deadline are hereby approved and ratified.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of September, 2022.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Katie O’Connor, Deputy City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 6, 2022
DEPARTMENT/DIVISION:
Administration Rick Clark, Facilities
ITEM DESCRIPTION:
Snow and Ice Management Services
ITEM NO.:
VIII.C.
Motion
Move to: Approve the Standard Agreement for Contracted Services with Excel Lawn & Landscape for Snow and Ice Management Services. Synopsis Staff recommends entering into a Standard Agreement for Contracted Services with Excel Lawn & Landscape for Snow and Ice Management Services at our City Center and Fire Station 1
locations. Pricing is per snow event with an annual budgeted amount of $128,153.
Background Snow and Ice Management RFP was sent to 2 contractors with 2 contractors submitting. The
recommended contractor is the lowest bidder, has worked with the city previously and shares the City’s initiative of salt reduction while maintaining a high level of service. The contractor also participates in Minnesota Pollution Control Agency’s environmental certifications and Smart Salt trainings demonstrating a focus on Sustainability via decreasing salt usage. Bid Summary and Recommendation The summary of the submitted is as follows: Service Description Excel Lawn & Landscape Prescription Landscape
Snow Event 1”-3” $4,150.00 $4,148.91
Snow Event 3.1”-6” $6017.50 $6,257.88
Snow Event 6.1”-9” $8,123.63 $8,368.00
Snow Event 9.1”-12” $10,398.25 $10,478.12
Attachment
Standard Agreement for Contracted Services with Excel Lawn & Landscape
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 6, 2022
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION: #22806
Approve Change Order No. 3 for the 2022 Pavement Management Project
ITEM NO.:
VIII.D.
Requested Action
Move to: Approve Change Order #3 for the 2022 Pavement Management project in the amount of $144,296.37. Synopsis
Change Order #3 consists of additional costs as a result of unanticipated poor subgrade conditions on Park Circle which lies within the pavement management project area. The standard mill and overlay or reclamation strategies were not possible in this area; a solution of utilizing Portland cement stabilized reclamation was selected. The change order reflects the
additional costs of implementing the Portland cement stabilization. Staff recommends approval of the additional costs. Background Information
The project started in early July 2022, the project will be completed in early September. Change Order #3 is for the materials needed to provide the necessary subgrade corrections in order to provide a stable subgrade to place the bituminous. More detail is included with the attached change order.
Financial Implications With this change order, the total contract amount increases from $4,252,926.83 to $4,397,223.20. Funding sources for this project include the Operating and Maintenance budget for mill and
overlays and Pavement Management Funds. Attachment Change Order #3
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 6, 2022
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: #22829
Approve Contract for Goods and Services with Rochester Concrete Products to Purchase Wall Materials for the Singletree Lane Retaining Wall
ITEM NO.:
VIII.E.
Requested Action
Move to: Approve Contract for Goods and Services with Rochester Concrete Products to Purchase Wall Materials for the Singletree Lane Retaining Wall. Synopsis
The small block retaining wall on Singletree Lane adjacent to the Jiffy Lube is in need of replacement. The wall materials would be purchased and delivered to the site and City crews will remove the old wall and reconstruct the new wall per the new design. The City received 4 total quotes to purchase these blocks and deliver. Rochester Concrete Products was the low quote.
Background Information The existing small block retaining wall has deteriorated and began to bulge out towards the adjacent sidewalk and roadway. The proposed large block gravity retaining wall will replace the
existing wall along Singletree Lane and the existing wall along Eden Road will be removed. This block style and color will match the wall installed a few years ago adjacent to Walmart. Financial Implications
The contract to purchase the wall materials, has a cost of $31,238.07. The funding for the wall is the Capital Maintenance and Reinvestment Fund and this project falls under the Public Works R/W Maintenance and Repairs CIP item. It is anticipated that City crews will provide the labor and equipment to install the walls in fall of 2022. Attachment Contract for Goods and Services Rochester Concrete Products
2017 06 10
Contract for Goods and Services
This Contract (“Contract”) is made on the 6th day of September 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Rochester Concrete Products, a Minnesota Corporation (hereinafter "Vendor") whose business address is_7200 N. Hwy 63 Rochester, MN 55906. .
Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose
of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for the Singletree Lane Retaining Wall hereinafter referred to as the "Work". The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide and complete all the provisions of the Work in accordance with attached Exhibit A (Rochester Concrete Products Materials Quote dated 8/16/22). Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by December 1, 2022.
3. Compensation for Services. City agrees to pay the Vendor a not to exceed sum of
$32,000.00 as full and complete payment for the materials and/or services rendered pursuant to this Contract and as described in Exhibit A. Block delivery may vary slightly depending on final wall layout.
4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated Jim Weidner to perform the Work. They shall be
assisted by other staff members as necessary to facilitate the completion of the Work in
accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the
performance of its services as is ordinarily exercised by members of the profession under
similar circumstances in Hennepin County, Minnesota.
22829 Singletree Retaining Wall – Rochester Concrete Page 2 of 5
7. Insurance a. General Liability. Vendor shall maintain a general liability insurance policy with
limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents,
contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity.
10. Termination. This Contract may be terminated by either party by seven (7) days' written
notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination.
11. Independent Contractor. At all times and for all purposes herein, the Vendor is an
independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be
provided under this Contract; nor may Vendor assign this Contract, or any interest arising
herein, without the prior written consent of the City.
22829 Singletree Retaining Wall – Rochester Concrete Page 3 of 5
13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract
and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void.
17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Vendor prior to termination of this
Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
22829 Singletree Retaining Wall – Rochester Concrete Page 4 of 5
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not
discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not
specifically provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.
28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6)
years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the
22829 Singletree Retaining Wall – Rochester Concrete Page 5 of 5
City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract.
Executed as of the day and year first written above. CITY OF EDEN PRAIRIE
__________________________________ Mayor ___________________________________
City Manager
VENDOR
By: ________________________________
Its: _______________________________
Date:
August 16, 2022
Customer:Phone:
Email:
Quote Number:
Project:Jiffy Lube Retaining Wall Reconstruction-ReCon
Terms:
Plant Location:Sales Territory:
Prepared By:
Material Quote:
Product Face Style Qty SQFT Weight Unit Price Total Price
24 M Old World 93 496 1,411 $143.33 13,329.69$
24 B Old World 49 261 1,457 $143.33 7,023.17$ 24 MH Old World 4 11 662 $88.20 352.80$
Corner Old World 9 48 1,401 $143.33 1,289.97$ Capstone Old World 47 102 551 $126.79 5,959.13$
End Capstone Old World 7 15 551 $143.33 1,003.31$ Total SQFT 933 -$
Trucking Cost 6 $380.00 2,280.00$
Total Weight 247,627.00 Material Cost 28,958.07$
Truck Limit 46,000.00 Trucking Cost 2,280.00$
Truck Loads 6.00 Total Project Cost 31,238.07$
Terms & Conditions:
Notes:
7200 N. Hwy 63, Rochester, MN 55906 Phone: 507-288-8850 Fax: 507-424-4697
W6558 Hwy 33, Juneau, WI 53039 Phone: 920-386-3333 Fax: 920-386-4612
N14665 Dickerson Ave., Thorp, WI 54771 Phone: 715-669-5552 Fax: 715-669-7135
www.rochestercp.com 3535 Bluff Drive, Jordan, MN 55352 Phone: 952-492-3636 Fax: 952-492-3668
Accepted By:
Fascia:
Approx Start:
This Project Price Quote includes quantities as listed above. Tax charges, if applicable, have not been applied. Any changes made by or on behalf of the customer regarding quantities,
product type, or engineering will be billed on a unit by unit basis. Rochester Concrete Products, Inc. retains any liens or bond claim rights available under the applicable law in the event
of non-payment after 60 days. This quote is good for 45 days of when the quote is sent. RCP disclaims all responsibility for estimate of quantities and provides the above numbers as a
service only. Please turn in this quote form with all orders pertaining to this project.
Jordan MN Travis Lawrence
Jim Weidner
Customer in charge of unloading. Freight is subject to change, RCP is NOT held responsible for fuel charge increases. Prior to
ordering, contact Mark Straub @ Interlock to check on availability and production time. This price doesn't include pallet deposits, there will be some pallet deposits for some of the ReCon block. VEC bills directly, for this project, he would charge $1200 for
engineering.
Company Name:
Contact Name:
City, State:
Street Address:
Location (city, state): Eden Prairie MN
Project Name:Jiffy Lube Retaining Wall
CONFIDENTIAL
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 6, 2022
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION: #23801
Approve Professional Services Agreement with Braun Intertec Corporation for Pavement Evaluation Services for the 2023 Pavement Rehab
Project
ITEM NO.:
VIII.F.
Requested Action Move to: Approve Professional Services Agreement with Braun Intertec Corporation for Pavement Evaluation Services for the 2023 Pavement Rehab Project in the
amount of $21,024.00. Synopsis This Professional Services Agreement will provide pavement evaluation services for the 2023
Pavement Rehab Project. Testing services will include providing Ground Penetrating Radar
(GPR) testing, pavement coring and hand auger borings of streets within the 2023 Pavement Rehab project area. Background Information
The Pavement Rehab Project is an annual street maintenance project that includes mill and overlays, underseals and reclamation projects. These projects are done to avoid full reconstruction projects which are much more costly and intrusive. The testing Braun Intertec will perform is to assist in selecting the appropriate level of maintenance for each street.
Financial Implications The Professional Services Agreement with Braun Intertec Corporation has a cost of $21,024.00. Funding for this will be from Pavement Management Funds.
Attachment Professional Services Agreement
2021 04 22
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 6th day of September, 2022, between the City of
Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden
Prairie, MN 55344, and Braun Intertec Corporation (“Consultant”), a Minnesota corporation
(hereinafter “Consultant”) whose business address is 11001 Hampshire Avenue S., Minneapolis,
MN, 55438.
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 2023 Pavement Testing Project hereinafter referred to as the “Work”.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A (letter dated August 16, 2022) in connection with the Work. Exhibit A is
intended to be the scope of service for the work of the Consultant. Any general or specific
conditions, terms, agreements, consultant or industry proposal, or contract terms attached
to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be
in effect in any manner.
2. Term. The term of this Agreement shall be from September 6, 2022 through May 1, 2023
the date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $21,024.00 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.
Page 2 of 10 2021 04 22
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
Page 3 of 10 2021 04 22
b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that
this account, claim, or demand is just and correct and that no part of it has been
paid.” 6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails
Page 4 of 10 2021 04 22
within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law. b. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract
with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii)
submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee Commercial General $1,000,000 property damage and bodily
Page 5 of 10 2021 04 22
Liability injury per occurrence $2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not
available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory.
Page 6 of 10 2021 04 22
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The Professional
Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein. n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict
Page 7 of 10 2021 04 22
liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Consultant harmless
from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration
Page 8 of 10 2021 04 22
Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof. GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements
Page 9 of 10 2021 04 22
and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions.
AA/EOE
Braun Intertec Corporation
1826 Buerkle Road
Saint Paul, MN 55110
Phone: 651.487.3245
Fax: 651.487.1812
Web: braunintertec.com
August 16, 2022 Proposal QTB164103
Ms. Ashton Kogel
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-4485
Re: Proposal for a Pavement Evaluation
City of Eden Prairie 2023 Improvement Projects
Various City Streets
Eden Prairie, Minnesota
Dear Ms. Kogel:
Braun Intertec Corporation respectfully submits this proposal to complete a pavement evaluation for the
City of Eden Prairie’s 2023 Street Improvement Projects.
Project Information
Per the information and map provided, we understand the City is planning about 14.6 miles of street
improvement projects for 2023. The projects are preliminarily planned for mill-and-overlay, deep mill-
and-overlay and full-depth reclamation (FDR); however, we understand the City may consider other
repairs such as cement stabilization or undersealing.
To assess the planned repairs, or to determine if other repairs are warranted, we are proposing Ground
Penetrating Radar (GPR) testing, pavement coring and hand auger borings.
Purpose
The purpose of the pavement evaluation is to determine the thicknesses of the in-place pavement
materials and to note underlying material conditions for use in providing recommendations related to
repair options.
Scope of Services
We propose the following tasks to help achieve the stated purpose. If we encounter unfavorable or
unforeseen conditions during the completion of our tasks that lead us to recommend an expanded scope
of services, we will contact you to discuss the conditions before resuming our services.
City of Eden Prairie
Proposal QTB164103
August 16, 2022
Page 2
Ground Penetrating Radar
To provide a continuous profile of pavement layer thicknesses along the streets, we will perform GPR
testing using a 2.0-gigahertz, air-coupled unit from GSSI, Inc. Testing will be performed at posted speeds
in both directions. Pavement layer thickness data will be gathered at an interval of approximately one
foot. Our GPR measurements will be tied to GPS coordinates and interpreted thicknesses will be verified
with information obtained from the pavement cores and hand auger borings.
A GPR unit of this configuration can be expected to penetrate a maximum of 2 to 3 feet under ideal
conditions. Unfavorable soils and ambient and electromagnetic interference may limit the useful depth
of the data.
Pavement Coring and Hand Auger Borings
Using data obtained from the GPR, we will perform a total of 75 pavement cores and hand auger borings.
The purpose of performing the pavement cores and hand auger borings will be to confirm and calibrate
the GPR scans, to measure the thickness of the existing pavement section and underlying aggregate base
section, if present, and to assess underlying bituminous conditions.
Coring will be performed in both travel lanes and near pavement edges to better capture variability in
pavement thickness at the street edges.
Once complete, the pavement cores will be returned to our lab where they will be reviewed for any
material deficiencies and retained for any warranted testing. Upon backfilling boring locations, we will fill
holes in pavements with a temporary patch. Over time, subsidence of corehole backfill may occur,
requiring releveling of surface grades or replacing bituminous patches. We are not assuming
responsibility for re-leveling or re-patching after we complete our fieldwork.
Laboratory Testing
To assess underlying base materials for use as reclaim material, we will perform sieve analysis testing on
selected samples. For estimating purposes, we have included 8 full sieve analysis tests in our cost
estimate.
Traffic Control
Based on our review of the streets to be tested, to protect our field crews and alert motorists of our
work, traffic control consisting of flaggers may be required during coring on some higher volume streets.
We have assumed the City can assist with providing traffic control, as warranted, on those higher volume
streets. If traffic control cannot be provided by the City, we will use a subconsultant to perform that work
and will issue a Change Order to the City.
For the low-volume residential streets, we assume signs and cones can be used.
Engineering Analyses
We will use data obtained from our testing and field work to assess in-place pavement conditions and to
provide recommendations for repairs.
City of Eden Prairie
Proposal QTB164103
August 16, 2022
Page 3
Reporting
We will prepare a report including:
▪ A CAD sketch showing the tested streets and exploration locations.
▪ Tabular and graphical depiction of the GPR scan results for each of the tested streets.
▪ A discussion of the GPR findings.
▪ Summary of the pavement core and hand auger boring results, as well as photographs of the
pavement cores.
▪ Results of laboratory testing on selected samples of base material.
▪ Recommendations for repair for each of the tested streets, including discussions related to
the planned repairs.
We will submit an electronic copy of our report.
Schedule
We anticipate performing our work according to the following schedule.
▪ GPR testing – within approximately two weeks following receipt of written authorization.
▪ Pavement coring and hand auger borings – Once the GPR data is collected and analyzed,
exploration locations will be selected. Depending on subgrade conditions at that time, if
necessary, coring and hand auger borings may need to be performed in the spring of 2022. If
that is the case, we will provide preliminary GPR results to the City, along with discussions
related to the planned repairs.
▪ Final report submittal – within approximately two weeks of completing the field work.
If we cannot complete our proposed scope of services according to this schedule due to circumstances
beyond our control, we may need to revise this proposal prior to completing the remaining tasks.
Fees
We will furnish the services described in this proposal for an estimated fee of $21,024, which includes
meeting time with the City. We are attaching a tabulation showing hourly and/or unit rates associated
with our proposed scope of services.
Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for
work we perform during each invoicing period.
City of Eden Prairie
Proposal QTB164103
August 16, 2022
Page 4
General Remarks
We will be happy to meet with you to discuss our proposed scope of services further and clarify the
various scope components.
We appreciate the opportunity to present this proposal to you. Please sign and return a copy to us in its
entirety.
We based the proposed fee on the scope of services described and the assumptions that you will
authorize our services within 30 days and that other’s will not delay us beyond our proposed schedule.
City of Eden Prairie
Proposal QTB164103
August 16, 2022
Page 5
If acceptable, please issue a Standard Agreement for Professional Services with the City of Eden Prairie
with this proposal included as Exhibit A.
To have questions answered or schedule a time to meet and discuss our approach to this project further,
please contact Amy Grothaus at 651.261.7122 (agrothaus@braunintertec.com).
Sincerely,
BRAUN INTERTEC CORPORATION
Amy J. Grothaus, PE
Account Manager, Senior Engineer
Charles M. Cadenhead Jr, PE
Vice President, Principal Engineer
Attachment:
Project Proposal
The proposal is accepted, and you are authorized to proceed.
Authorizer’s Firm
Authorizer’s Signature
Authorizer’s Name (please print or type)
Authorizer’s Title
Date
Client:Service Description:Work Site Address:
Various City Streets
Eden Prairie, MN
City of Eden Prairie
Ashton Kogel
8080 Mitchell Rd
Eden Prairie, MN 55344
(952) 937-1210
Pavement Evaluation
Proposal Total:$21,024.00
Description Quantity Units Unit Price Extension
Phase 1 Pavement Evaluation
Activity 1.1 Ground Penetrating Radar Testing $6,880.00
259 GPR Data Collection (both travel directions)16.00 Hour 200.00 $3,200.00
8640 GPR Mobilization 100.00 Each 3.20 $320.00
122 GPR Analysis and Graphing 24.00 Hour 140.00 $3,360.00
Activity 1.2 Pavement Coring and Hand Auger Borings $8,768.00
1862 Trip Charge (from Bloomington)4.00 Each 24.00 $96.00
5902 iPad/R1 Field Data GPS (sub-meter horizontal only), per day 4.00 Each 128.00 $512.00
252 Bituminous Coring and Hand Auger Borings (2 person crew)36.00 Hour 185.00 $6,660.00
1555 Bit wear and patch material, per core 75.00 Each 20.00 $1,500.00
Activity 1.3 Laboratory Testing $960.00
1163 Sieve Analysis-Aggregate Base 8.00 Each 120.00 $960.00
Activity 1.4 Engineering, Reporting and Meetings $4,416.00
138 Project Assistant 2.00 Hour 86.00 $172.00
371 CADD/Graphics Operator 2.00 Hour 128.00 $256.00
126 Project Engineer 20.00 Hour 160.00 $3,200.00
130 Principal Engineer 4.00 Hour 185.00 $740.00
1862 Trip Charge 2.00 Each 24.00 $48.00
Phase 1 Total:$21,024.00
Page 1 of 108/16/2022 02:43 PM
Project Proposal
QTB164103
City of Eden Prairie 2023 Planned Improvement Projects
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
September 6, 2022
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/ Ben Schneider
ITEM DESCRIPTION:
Housekeeping amendments to City Code Chapter 11 relating to building material standards
ITEM NO.:
IX.A.
Requested Action
Move to:
• Close the Public Hearing; and
• Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to
building material standards. Synopsis City Code Section 11.03, Subd. 3 (K) establishes the City’s architectural standards. This section was most
recently amended in 2016 in conjunction with the Council’s approval of the City’s Design Guidelines.
Staff is proposing housekeeping amendments to the Code’s Architectural Standards Section to clarify provisions related to building materials, including fiber cement usage, painted brick, and class I material usage on single-story buildings.
Background The proposed code amendment addresses the following: 1. Clarifies that fiber cement shall not be the most predominant building material used on a façade by
percentage.
2. Expands the allowance of fiber cement as a class I material for multi-family buildings in the Commercial, TOD, and Town Center zoning districts. 3. Permits the use of painted brick on building façades. 4. Clarifies that non-residential single-story buildings may have up to 25% class II materials on each
façade. Attachments Ordinance Amending Section 11.03
Staff Report to Planning Commission
Unapproved Minutes from 8/8/2022 Planning Commission Meeting
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.03, RELATING TO EXTERIOR BUILDING
MATERIALS; 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. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(a) is hereby amended by replacing “Class 1” with “Class I.” Section 2. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(a) is hereby
amended by renumbering the existing (a)(8) as (a)(9) and adding a new (a)(8) as follows:
(8) Fiber cement is allowed as a Class I material only in multi-family buildings in the RM-2.5, TC, C, and TOD districts that allow multiple family dwellings as a permitted use. In such instances, fiber cement must not be the most predominant building material
used on a façade; and
Section 3. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(a)(9) (as renumbered by Section 2 above) is amended by deleting the sentence: “Fiber Cement Siding is allowed as a Class I material in the RM-2.5 district only.” Section 4. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(a)(9)iii. is amended by deleting the sentence “Painted brick is prohibited.” Section 5. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(a)(9)iv. is
amended in its entirety to read as follows:
iv. In the C, OFC, TC, TOD, and PUB districts, only Class I materials may be used on the base of multi-story buildings, as visualized in the City’s Design Guidelines. Section 6. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(b)(10)iii. is
amended by deleting the sentence “Painted brick is prohibited.” Section 7. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(b)(10)iv. is amended in its entirety to read as follows:
iv. In the Industrial (I) districts, only Class I materials may be used on the base of multi-story buildings, as visualized in the City’s Design Guidelines.
Section 8. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 3(c) is
amended in its entirety to read as follows:
(c) In all districts except Rural, R1-44, R1-22, R1-13.5, R1-9.5, and RM-6.5, a maximum of twenty-five percent (25%) of each façade of the exterior building finish may include the following:
(1) Stucco; (2) Metal; (3) Exterior Insulation and Finish System (EIFS); (4) Wood as trim or edging material only;
(5) Plastic as trim or edging material only;
(6) Vinyl as trim or edging material only; and (7) Other materials equal to or better than these listed above submitted with specifications for installation and maintenance per industry standards and as approved by the City Planner.
Section 9. City Code Chapter 11, Section 11.03, Subdivision 3, Subsection K, Item 5 is hereby deleted in its entirety. Section 10. 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 11. 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 _____ day of ____________, 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.
_________________________________ _________________________________,
Katie O’Connor, Deputy City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2022.
STAFF REPORT:
TO: Planning Commission
FROM: Ben Schneider, Planner I
DATE: August 8, 2022
SUBJECT: Code Amendment –Exterior Building Materials
REQUEST: Recommendation for Zoning Code Amendment related to Exterior Building
Materials
BACKGROUND: City Code Section 11.03, Subd. 3 (K) establishes the City’s architectural standards. This section
was most recently amended in 2016 in conjunction with the Council’s approval of the City’s Design Guidelines. Staff is proposing a housekeeping amendment to the Code’s Architectural Standards Section to clarify provisions related to fiber cement usage, painted brick, and class I material usage on single-
story buildings. CODE AMENDMENT: Attached to this report is a redline of the proposed changes to the Code’s Architectural Standards
Section. Below is a summary of the changes:
1. Fiber Cement Usage. The code amendment in 2016 added fiber cement as a Class I material in the RM-2.5 district. This code amendment clarifies that all multi-family dwellings in the all Commercial, Transit-Oriented Development, and Town Center districts may use fiber cement as a Class I material. The proposed amendment also adds
Fiber Cement Siding
Fiber Cement Panel
language stating that fiber cement may not be the most predominant material on a façade, even in such instances where it can be characterized as a Class I material. This aligns
with the City’s existing Design Guidelines, which encourage a mix of Class I materials.
Adding this provision will increase efficiency for developers and architects by better communicating this expectation at the beginning of the land development process. 2. Painted brick. This section of code currently prohibits painted brick. This provision was
added during the 2016 amendment due to potential concerns of the performance and
maintenance of painted brick. Staff has since determined that these are not major concerns. The draft amendment removes language that prohibits painted brick. 3. Single-story buildings. Subsection 3(a)(iv) of the Code’s Architectural Standards
currently states: “In the Commercial (C), Office, TC, TOD, and PUB districts, only Class
1 materials shall be used in the ground level of the building.” A similar provision is included in the Industrial District subsection. This could be confusing to owners of single story buildings. The attached draft language clarifies that this requirement only applies to the “base” of multi-story buildings and adds a reference to the Design Guidelines, which
includes a visualization of what is meant by the “base,” “middle,” and “top” of a multi-
story building. Note that single-story buildings would still be subject to the general requirement of having at least 75% Class I materials on each façade. STAFF RECOMMENDATION:
Staff recommends that the Commission move to recommend to the City Council that City Code Section 11.03, Subd. 3 (K) be amended as represented in the August 8, 2022 staff report and the attached draft language.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, AUGUST 8, 2022 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Rachel Markos, Carole Mette, William Gooding, Robert Taylor, Dan Grote CITY STAFF: Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
All commission members were present.
III. APPROVAL OF AGENDA
MOTION: Taylor moved, seconded by Markos to approve the agenda. MOTION
CARRIED 9-0.
IV. MINUTES
MOTION: Farr moved, seconded by Kirk to approve the minutes of June 27, 2022.
MOTION CARRIED 9-0.
V. PUBLIC HEARINGS
A. OLYMPIC HILLS 8TH ADDITION Request for:
• Planned Unit Development Concept Review on 0.19 acres
• Planned Unit Development Amendment with waivers on 0.19 acres
• Preliminary Plat on 0.19 acres
Brian Field from Anderson Engineering presented a PowerPoint and detailed the
application. The site was zoned RM-6.5 multi-family low density residential.
Field displayed photographs of the existing site including overhead, north, south
PLANNING COMMISSION MINUTES August 8, 2022
Page 2
and east views along with views of the corner lot with an open field and the right-
of-way. The waivers requested were a front yard setback from 30- to 20 feet and a
lot depth of 100 feet. Field stated the minimum rear lot depth on outlot C was a
95-foot average depth. He stated the site had ample room for home construction
and the proposal was in line with the surrounding neighborhood. The proposal
included a 4,000 square foot residential house with a three-car garage and an
1,800 square foot foundation. He displayed the site grading and drainage swale
(east) plan, water service and sanitary service.
Barnhart gave the staff report. The applicant proposed to replat one outlot on 0.19
acres to allow for the construction of a single-family home. The lot was originally
intended to be a tot lot for the Olympic Hills development when platted in the late
1970s, but it was never constructed. A landscaping plan would be required for this
project. The future lot owner would be responsible for the maintenance of the
right-of-way sod and landscaped area. The setback waiver was requested in part
because of the right-of-way adjacent to the property and the lot depth in this
triangular shape of land. Staff recommended approval subject to conditions
outlined in the staff report.
Mette asked if the intent was for the golf course to retain ownership, and Field
replied the intention was to sell. Taylor asked if the setback waiver was intended
to keep the landscaped area. Field replied the 30-foot setback would not allow for
a conventional building path whereas the 20-foot would, and the eventual owner
would maintain the landscape. Kirk asked if the outlot was designated open space
in original PUD, and Barnhart replied it was an outlot only used as a tot lot.
Farr stated he was disappointed with the proposal, as he determined that a tot lot,
whether formalized or not, had been part of the development and the clear
intention for this open space in this neighborhood. He at minimum would expect
an apology and compensatory damages before approaching the commission with a
development like this. Barnhart replied the tot lot was not a formal requirement,
and there had been no documented request by the neighborhood for the use of this
tot lot which was also not generally requested in developments.
Mette asked if the City Attorney had looked into this, and Barnhart replied the
Attorney had not. Mette observed more outlots around the golf course and asked
if any of those theoretically be converted into buildable plats in the future.
Barnhart agreed it was theoretically possible though some might not have
sufficient street frontage. Olympic Hills was an arm of the developer, but the
development agreement was with the original developer.
PLANNING COMMISSION MINUTES August 8, 2022
Page 3
Jerry Pitzrick, resident at 9322 Overlook Trail, stated this was a tot lot, and that it
would remain so was the expectation all along, that Olympic Hills would take
responsibility for this land which the neighborhood instead took care of for the
last 20 years. He noted that with the filing of a formal complaint, the three weeks’
time for the owner to respond, and another two weeks for the City to respond to
the landowner’s nonresponse, an answer for the neighbors was delayed five
weeks. He stated the neighborhood was not imposing a terrible burden but rather
had cared for a property the owner had abandoned and had also abandoned its
original agreement out of arrogance. The existing single family lots were 25
percent or more larger than this proposed lot and thus not similar in size. The
drawing on page 20 showed the front yard setback decreased by one-third and
encroachment on the backyard setback. The development would be35 feet away
from the neighbors’ four-season porch, about the width of Council Chambers. He
invited commission members to visit the site and see the situation for themselves
As a civil engineer, objected to the grading plan and warned the water runoff
would affect houses to the north. He asked if the engineer had planned for a 100-
year storm event. The plans showed a bend in the water flow which would
naturally flow in a straight line. He also expressed concern about the creation of a
blind corner, as his mailbox had already been hit multiple times and there were
accidents. Rue stated there were plans to improve the lots and agreed this would
be converted into a 90-degree intersection. Pitzrick stated the original developer
did not construct the road correctly. He pleaded for a unanimous vote against the
development to send a message to the developer for breaking their commitment
45 years ago no hardship no cost, and if the commission was not ready for a
unanimous vote, to open the discussion to the public.
Pete Truhlar, resident at 9335 Overlook Trail, handed Pieper a copy of the
petition signed by the neighborhood and added one resident did not for fear of
retaliation. He spoke against the loss of green space, trees, and the play area for
the kids, and voiced concern about safety. He also invited the commission
members to visit his home and see how the development would impact him, being
so close to his four-season porch.
Ted Folstad, resident at 9285 Overlook Trail, stated he was also an engineer and
noted this plan did not conform to the design on file. He was also concerned about
safety with the street already needing repair.
Pete Platzke, resident at 9337 Overlook Trail, spoke against the development.
Judy Folstad, resident at 9285 Overlook Trail, spoke against the development.
PLANNING COMMISSION MINUTES August 8, 2022
Page 4
Kathryn Cinkle, resident at 9265 Overlook Trail, spoke against the development.
Bill Cole, resident at 9295 Overlook Trail, spoke against the development and
added his understanding that the lot would not be developed drove his decision to
purchase the property.
Andrea Platzke, 9337 Overlook Trail, spoke against the development and added
his understanding that the lot would not be developed drove her decision to
purchase the property. She also expressed concern for the safety of children who
currently used the lot
Anna Grossbach, 9330 Overlook Trail, spoke against the development.
Dave Gramling, 9210 Overlook Trail, spoke against the development and added
Olympic Golf Course had not paid a single tax dollar on that land for 45 years,
whereas it limited their club’s membership of their private course.
Joseph LoCascio, controller at Olympic Hills Golf Club since 2017, replied that
the Club came under new ownership in the mid-2000s and believed the property
had been taken care of by a lawn service. After that the Club resumed
responsibility of the lawn care under LoCascio’s watch. Brian Field clarified the
rendering Pitzrick saw was not to scale and the setbacks were being met. Rudy
Luther, new General Manager at Olympic Hills Golf Club, gave some background
and explained that having seen this lot as a possible development, crafted a
proposal with the intent to have a new single-family home. The golf course
redesign done was also intended to help the community.
Judy Folstad, returned to the mic and asked if the commission members would
like this development in their own community.
MOTION: Sherwood moved, seconded by Farr to close the public hearing.
Motion carried 9-0.
Mette agreed she would be upset if an understanding would be breeched,
however, she also understood the rights of developers. She agreed the
neighborhood had a case and the City Attorney needed to review this as it
appeared there was an agreement to have this be a tot lot. She concluded she
would vote against the proposal. Markos noted developers gave outlots to the City
so the City could control them, and she was curious why this outlot was not given
to the City. Certainly, the situation was different in the past, but she wondered
why so many little properties were still owned by the Golf Course. She asked also
if the plans for the road should be improved before the development.
PLANNING COMMISSION MINUTES August 8, 2022
Page 5
Barnhart replied he had no answer as to why the outlot was not acquired in 1976.
Processes changed over time for this reason. Bourne added this was not a unique
situation, as other developments had brought forward recreational outlots that
were never developed. Recently it was the City’s idea they should be deeded to
the City. Recreational outlots were tax-exempt, and the owner had the option to
repurchase them. He could think of several large developments in which such
agreements were not kept.
Taylor stated he had listened carefully to the history and appreciated the
community stepping up and asked where the developer had been all this time
while neighbors were maintaining this outlot. He asked for more feedback and if
there were alternative options. Luther reiterated he had not been involved prior to
2017 and nothing was brought to his attention as to the lack of maintenance. Here
merely saw a development opportunity to build a home for a new member of the
community.
Rue stated he did not know why the road was built in 1976 they way it was; the
plat showed a curve with an eyebrow cul-de-sac instead, and the concerns heard
tonight about safety were not known to him. The City redid this road two or three
years prior and from a feasibility standpoint it did not make sense to rebuild the
street unless it was necessary. The City would request some type of petition and
plan ahead for that.
Kirk stated the most troubling was the clear expectations of multiple homeowners
that this outlot would not be developed and this was clearly communicated to the
neighborhood over multiple years. Eden Prairie famous for its open space, and
such unanimity of feedback made him unable to vote for this. Gooding noted the
applicant came before the commission due to the waivers, which required a
balance, and in his mind the testimony of neighboring homeowners made valid
reasons for him to reject these waivers.
Farr stated this application was simply not acceptable for approval, as there had
been no apology or any attempt to make amends. He emphasized the applicant
should meet and mend fences with the neighborhood and negotiate. He added he
was disappointed at this proposal and the waste of this commission’s time.
Sherwood asked for and received confirmation from fellow commission members
this development was built on spec, i.e., there was no existing homeowner for this
property.
PLANNING COMMISSION MINUTES August 8, 2022
Page 6
Mette reiterated the fact that theoretically, without the request for waivers, all
outlots could be instantly converted and sold for development without the
commission’s knowledge, and Gooding agreed this was a huge concern, stating he
could not support the proposal. Kirk stated the commission and perhaps the City
needed to have a very clear understanding of what an outlot meant; he had
thought it was clear and it evidently was not in this case. Barnhart replied the
creation of an outlot established a use for the property but that could change.
Every situation was different and required research, and he did not have a general
response, but in this situation, he did not find any impediment to this outlot’s
purpose being change.
Pieper took a straw poll of the commission’s prospective vote on this measure.
Mette asked for and received confirmation a denial passed tonight would still be
sent to the City Council, which could vote as it saw fit.
MOTION: Mette moved, seconded by Farr to recommend denial of the Planned
Unit Development Concept Review on 0.19 acres; Planned Unit Development
Amendment with waivers on 0.19 acres; and Preliminary Plat on 0.19 acres based
on the plans stamp dated July 22, 2022, and the staff report August 8, 2022.
Motion carried 9-0.
B. CODE AMENDMENT FOR BUILDING MATERIALS Barnhart presented the staff report. This Code Amendment would speak to three
areas of the Building Code standards. One was to establish a maximum of fiber-
cement panels/siding to be used as Class One materials on residential buildings.
The prohibition against painted brick would also be removed. Third, what
percentage of Class One materials would be allowed in single-story buildings
would be clarified. None of these represented a policy change.
MOTION: Farr moved, seconded by Kirk to close the public hearing. Motion
carried 9-0.
Farr noted a minor correction on page 304, in which “external” should be changed
to “exterior” in the acronym EIFS.
MOTION: Kirk moved, seconded by Taylor to recommend approval of the Code
Amendment Chapter 11 Exterior Building Materials with the minor change noted
by Farr, based on the staff report dated August 8, 2022. Motion carried 9-0.
C. CODE AMENDMENT FOR SIGNS
PLANNING COMMISSION MINUTES August 8, 2022
Page 7
Barnhart presented the staff report. This was a housekeeping issue to make the
sign code content neutral to comply with the US Supreme Court ruling and the
subsequent adjustments made by the City. The proposed amendment regarding
signs would reinstate allowances for incidental signs that was accidently omitted
in this previous amendment process and make housekeeping clarifications in the
Sign Code.
MOTION: Taylor moved, seconded by Gooding to close the public hearing.
Motion carried 9-0.
MOTION: Mette moved, seconded by Markos to recommend approval of the
Code Amendment Chapter 11 Signs, based on the staff report dated August 8,
2022. Motion carried 9-0.
D. CODE AMENDMENT FOR STORMWATER MANAGEMENT Barnhart presented the staff report. Here again there was no change in practice or
policy, but another housekeeping issue to update City Code language with
changes at the MPDS and MS4 permits.
Farr reiterated the importance of uniform zoning codes throughout the state which
helped communities at the local level, including Eden Prairie.
MOTION: Gooding moved, seconded by Sherwood to close the public hearing.
Motion carried 9-0.
MOTION: Markos moved, seconded by Kirk to recommend approval of the
Code Amendment Chapter 11 Stormwater Management, based on the staff report
dated August 8, 2022. Motion carried 9-0.
PLANNERS’ REPORT
MEMBERS’ REPORTS Pieper credited Farr with a quote attributed to him (Pieper) in the recent Sun
Sailor.
VI. ADJOURNMENT MOTION: Kirk moved, seconded by Taylor to adjourn. Motion carried 9-0. The
meeting was adjourned at 8:26 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
September 6, 2022
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Sarah Strain
ITEM DESCRIPTION:
Code Amendment –Sign Code Amendment
ITEM NO.:
IX.B.
Requested Action Move to:
• Close the Public Hearing; and
• Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to signs Synopsis Earlier this year, City Council approved a code amendment to make the sign code content neutral, removing all content references to sign regulations, and making general housekeeping edits. Inadvertently in this amendment process, the City’s regulations regarding directional signs were
removed due to the content-based definitions and regulations but were never replaced. This proposed amendment seeks to reinstate the lost sign allowances through content neutral regulations while providing additional clarification within the sign code. Proposed Change The proposed ordinance for the Council’s consideration reinstates the allowances for directional signs under a new, content neutral name: incidental signs. The proposed amendment will allow incidental signs in all zoning districts except Rural and R-1 zoning districts. Incidental signs will not require a sign permit. Staff also proposes adding text to clarify dimensional standards for incidental signs. There
is no change in the total sign area allowed for incidental signs, but it clarifies the allowed sign base size consistent with staff’s interpretation of the sign code. Additionally, a housekeeping amendment is proposed removing an unneeded word in Subd. 4.E. This provision used to make reference to sign content, but it no longer does, making the word “containing”
in this provision confusing and unneeded. Planning Commission Recommendation At their meeting on August 8th, The Planning Commission voted 9-0 to recommend approval of the
amendment to Section 11.03 relating to signs. Attachments
Ordinance
Staff Report Planning Commission Minutes
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.70, RELATING TO INCIDENTAL SIGNS; 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. City Code Chapter 11, Section 11.70, Subdivision 3 is hereby amended by adding the
following new definition: Incidental Sign means an onsite, freestanding sign that is supplemental to the principal use of the site and is orientated for viewing by vehicular and pedestrians onsite.
Section 2. City Code Chapter 11, Section 11.70, Subdivision 4, Subsection E is hereby amended by deleting the word “containing”. Section 3. City Code Chapter 11, Section 11.70, Subdivision 4, is hereby amended by adding the
following new subsection:
S. Incidental signs may be no larger than six (6) square feet with a sign base of no more than three (3) square feet. The maximum height for an incidental sign is six (6) feet.
Section 4. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection A, is hereby amended by adding the following new item: 4. Incidental signs are permitted in the RM, TOD-R, TC-R, TOD-MU, and TC-MU districts as provided in Subdivision 4. Incidental signs are not
permitted in the R or R-1 districts. Section 5. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection B, is hereby amended by adding the following new item:
5. Incidental signs are permitted as provided in Subdivision 4. Section 6. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection C, is hereby amended by adding the following new item:
4. Incidental signs are permitted as provided in Subdivision 4.
Section 7. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection D, is hereby amended by adding the following new item:
5. Incidental signs are permitted as provided in Subdivision 4. Section 8. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection F, is hereby amended by adding the following new item:
4. Incidental signs are permitted as provided in Subdivision 4. Section 9. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection G, is hereby amended by adding the following new item:
4. Incidental signs are permitted as provided in Subdivision 4. Section 10. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection H, is hereby amended by adding the following new item:
4. Incidental signs are permitted as provided in Subdivision 4. Section 11. City Code Chapter 11 Section 11.70, Subdivision 7, Subsection B is hereby amended by deleting Item 5 in its entirety and replacing it with the following new Item 5:
5. Incidental signs. Section 12. 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 13. 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 6th day
of September, 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.
_________________________________ _________________________________,
Katie O’Connor, Deputy City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2022.
STAFF REPORT
TO: Planning Commission
FROM: Sarah Strain, Planner II
DATE: August 8, 2022
SUBJECT: City Code Chapter 11 Sign Code Amendments
BACKGROUND
In December 2021, the Planning Commission reviewed a code amendment to Chapter 11 relating
to the sign code. This code amendment focused on making the sign code content neutral, removing all content references to sign regulations, and general housekeeping items. Inadvertently in this amendment process, the City’s regulations regarding directional signs were removed due to the content-based definitions and regulations but were never replaced.
This proposed amendment seeks to reinstate the lost sign allowances through content neutral regulations while providing additional clarification.
PROPOSED CODE LANGUAGE
The previous definition for directional signs was: “Directional Sign means a sign which is
erected on private property by the owner of such property for the purpose of guiding vehicular
and pedestrian traffic. Such signs bear no advertising information.” Directional signs were
limited to six (6) square feet and did not require a sign permit. The intention of this type of sign
was to provide supplemental information and directions to vehicular and pedestrian traffic onsite
as opposed to guiding off site traffic onto the site or serving as a location marker.
By the very name, directional signs are content based. To permit additional signage onsite in a content neutral manner, staff is proposing the allowance of incidental signs with the following
definition: “Incidental Sign: An onsite, freestanding sign that is supplemental to the principal use of the site and is orientated for viewing by vehicular and pedestrians onsite.” To reinstate these Code allowances, the proposed amendment will allow incidental signs in all zoning districts except Rural and R-1 zoning districts. Incidental signs will not require a sign
permit. To provide additional clarification, staff proposes the following dimensional standards: “Incidental signs shall be no larger than six (6) square feet with a sign base of no more than three (3) square feet. The maximum height for an incidental sign is six (6) feet.”
Additionally, the following housekeeping amendment is proposed for clarity: Subd. 4.E: “Notwithstanding any other provisions of this section, all non-commercial signs of any size may be posted forty-six (46) days before the state primary in a state general election year
until ten (10) days following the state general election in any general election year and thirteen (13) weeks prior to any special election until ten (10) days following the special election.”
STAFF RECOMMENDATION Planning staff recommends the above amendments to City Code.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, AUGUST 8, 2022 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Rachel Markos, Carole Mette, William Gooding, Robert Taylor, Dan Grote CITY STAFF: Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
All commission members were present.
III. APPROVAL OF AGENDA
MOTION: Taylor moved, seconded by Markos to approve the agenda. MOTION
CARRIED 9-0.
IV. MINUTES
MOTION: Farr moved, seconded by Kirk to approve the minutes of June 27, 2022.
MOTION CARRIED 9-0.
V. PUBLIC HEARINGS
A. OLYMPIC HILLS 8TH ADDITION Request for:
• Planned Unit Development Concept Review on 0.19 acres
• Planned Unit Development Amendment with waivers on 0.19 acres
• Preliminary Plat on 0.19 acres
Brian Field from Anderson Engineering presented a PowerPoint and detailed the
application. The site was zoned RM-6.5 multi-family low density residential.
Field displayed photographs of the existing site including overhead, north, south
PLANNING COMMISSION MINUTES August 8, 2022
Page 2
and east views along with views of the corner lot with an open field and the right-
of-way. The waivers requested were a front yard setback from 30- to 20 feet and a
lot depth of 100 feet. Field stated the minimum rear lot depth on outlot C was a
95-foot average depth. He stated the site had ample room for home construction
and the proposal was in line with the surrounding neighborhood. The proposal
included a 4,000 square foot residential house with a three-car garage and an
1,800 square foot foundation. He displayed the site grading and drainage swale
(east) plan, water service and sanitary service.
Barnhart gave the staff report. The applicant proposed to replat one outlot on 0.19
acres to allow for the construction of a single-family home. The lot was originally
intended to be a tot lot for the Olympic Hills development when platted in the late
1970s, but it was never constructed. A landscaping plan would be required for this
project. The future lot owner would be responsible for the maintenance of the
right-of-way sod and landscaped area. The setback waiver was requested in part
because of the right-of-way adjacent to the property and the lot depth in this
triangular shape of land. Staff recommended approval subject to conditions
outlined in the staff report.
Mette asked if the intent was for the golf course to retain ownership, and Field
replied the intention was to sell. Taylor asked if the setback waiver was intended
to keep the landscaped area. Field replied the 30-foot setback would not allow for
a conventional building path whereas the 20-foot would, and the eventual owner
would maintain the landscape. Kirk asked if the outlot was designated open space
in original PUD, and Barnhart replied it was an outlot only used as a tot lot.
Farr stated he was disappointed with the proposal, as he determined that a tot lot,
whether formalized or not, had been part of the development and the clear
intention for this open space in this neighborhood. He at minimum would expect
an apology and compensatory damages before approaching the commission with a
development like this. Barnhart replied the tot lot was not a formal requirement,
and there had been no documented request by the neighborhood for the use of this
tot lot which was also not generally requested in developments.
Mette asked if the City Attorney had looked into this, and Barnhart replied the
Attorney had not. Mette observed more outlots around the golf course and asked
if any of those theoretically be converted into buildable plats in the future.
Barnhart agreed it was theoretically possible though some might not have
sufficient street frontage. Olympic Hills was an arm of the developer, but the
development agreement was with the original developer.
PLANNING COMMISSION MINUTES August 8, 2022
Page 3
Jerry Pitzrick, resident at 9322 Overlook Trail, stated this was a tot lot, and that it
would remain so was the expectation all along, that Olympic Hills would take
responsibility for this land which the neighborhood instead took care of for the
last 20 years. He noted that with the filing of a formal complaint, the three weeks’
time for the owner to respond, and another two weeks for the City to respond to
the landowner’s nonresponse, an answer for the neighbors was delayed five
weeks. He stated the neighborhood was not imposing a terrible burden but rather
had cared for a property the owner had abandoned and had also abandoned its
original agreement out of arrogance. The existing single family lots were 25
percent or more larger than this proposed lot and thus not similar in size. The
drawing on page 20 showed the front yard setback decreased by one-third and
encroachment on the backyard setback. The development would be35 feet away
from the neighbors’ four-season porch, about the width of Council Chambers. He
invited commission members to visit the site and see the situation for themselves
As a civil engineer, objected to the grading plan and warned the water runoff
would affect houses to the north. He asked if the engineer had planned for a 100-
year storm event. The plans showed a bend in the water flow which would
naturally flow in a straight line. He also expressed concern about the creation of a
blind corner, as his mailbox had already been hit multiple times and there were
accidents. Rue stated there were plans to improve the lots and agreed this would
be converted into a 90-degree intersection. Pitzrick stated the original developer
did not construct the road correctly. He pleaded for a unanimous vote against the
development to send a message to the developer for breaking their commitment
45 years ago no hardship no cost, and if the commission was not ready for a
unanimous vote, to open the discussion to the public.
Pete Truhlar, resident at 9335 Overlook Trail, handed Pieper a copy of the
petition signed by the neighborhood and added one resident did not for fear of
retaliation. He spoke against the loss of green space, trees, and the play area for
the kids, and voiced concern about safety. He also invited the commission
members to visit his home and see how the development would impact him, being
so close to his four-season porch.
Ted Folstad, resident at 9285 Overlook Trail, stated he was also an engineer and
noted this plan did not conform to the design on file. He was also concerned about
safety with the street already needing repair.
Pete Platzke, resident at 9337 Overlook Trail, spoke against the development.
Judy Folstad, resident at 9285 Overlook Trail, spoke against the development.
PLANNING COMMISSION MINUTES August 8, 2022
Page 4
Kathryn Cinkle, resident at 9265 Overlook Trail, spoke against the development.
Bill Cole, resident at 9295 Overlook Trail, spoke against the development and
added his understanding that the lot would not be developed drove his decision to
purchase the property.
Andrea Platzke, 9337 Overlook Trail, spoke against the development and added
his understanding that the lot would not be developed drove her decision to
purchase the property. She also expressed concern for the safety of children who
currently used the lot
Anna Grossbach, 9330 Overlook Trail, spoke against the development.
Dave Gramling, 9210 Overlook Trail, spoke against the development and added
Olympic Golf Course had not paid a single tax dollar on that land for 45 years,
whereas it limited their club’s membership of their private course.
Joseph LoCascio, controller at Olympic Hills Golf Club since 2017, replied that
the Club came under new ownership in the mid-2000s and believed the property
had been taken care of by a lawn service. After that the Club resumed
responsibility of the lawn care under LoCascio’s watch. Brian Field clarified the
rendering Pitzrick saw was not to scale and the setbacks were being met. Rudy
Luther, new General Manager at Olympic Hills Golf Club, gave some background
and explained that having seen this lot as a possible development, crafted a
proposal with the intent to have a new single-family home. The golf course
redesign done was also intended to help the community.
Judy Folstad, returned to the mic and asked if the commission members would
like this development in their own community.
MOTION: Sherwood moved, seconded by Farr to close the public hearing.
Motion carried 9-0.
Mette agreed she would be upset if an understanding would be breeched,
however, she also understood the rights of developers. She agreed the
neighborhood had a case and the City Attorney needed to review this as it
appeared there was an agreement to have this be a tot lot. She concluded she
would vote against the proposal. Markos noted developers gave outlots to the City
so the City could control them, and she was curious why this outlot was not given
to the City. Certainly, the situation was different in the past, but she wondered
why so many little properties were still owned by the Golf Course. She asked also
if the plans for the road should be improved before the development.
PLANNING COMMISSION MINUTES August 8, 2022
Page 5
Barnhart replied he had no answer as to why the outlot was not acquired in 1976.
Processes changed over time for this reason. Bourne added this was not a unique
situation, as other developments had brought forward recreational outlots that
were never developed. Recently it was the City’s idea they should be deeded to
the City. Recreational outlots were tax-exempt, and the owner had the option to
repurchase them. He could think of several large developments in which such
agreements were not kept.
Taylor stated he had listened carefully to the history and appreciated the
community stepping up and asked where the developer had been all this time
while neighbors were maintaining this outlot. He asked for more feedback and if
there were alternative options. Luther reiterated he had not been involved prior to
2017 and nothing was brought to his attention as to the lack of maintenance. Here
merely saw a development opportunity to build a home for a new member of the
community.
Rue stated he did not know why the road was built in 1976 they way it was; the
plat showed a curve with an eyebrow cul-de-sac instead, and the concerns heard
tonight about safety were not known to him. The City redid this road two or three
years prior and from a feasibility standpoint it did not make sense to rebuild the
street unless it was necessary. The City would request some type of petition and
plan ahead for that.
Kirk stated the most troubling was the clear expectations of multiple homeowners
that this outlot would not be developed and this was clearly communicated to the
neighborhood over multiple years. Eden Prairie famous for its open space, and
such unanimity of feedback made him unable to vote for this. Gooding noted the
applicant came before the commission due to the waivers, which required a
balance, and in his mind the testimony of neighboring homeowners made valid
reasons for him to reject these waivers.
Farr stated this application was simply not acceptable for approval, as there had
been no apology or any attempt to make amends. He emphasized the applicant
should meet and mend fences with the neighborhood and negotiate. He added he
was disappointed at this proposal and the waste of this commission’s time.
Sherwood asked for and received confirmation from fellow commission members
this development was built on spec, i.e., there was no existing homeowner for this
property.
PLANNING COMMISSION MINUTES August 8, 2022
Page 6
Mette reiterated the fact that theoretically, without the request for waivers, all
outlots could be instantly converted and sold for development without the
commission’s knowledge, and Gooding agreed this was a huge concern, stating he
could not support the proposal. Kirk stated the commission and perhaps the City
needed to have a very clear understanding of what an outlot meant; he had
thought it was clear and it evidently was not in this case. Barnhart replied the
creation of an outlot established a use for the property but that could change.
Every situation was different and required research, and he did not have a general
response, but in this situation, he did not find any impediment to this outlot’s
purpose being change.
Pieper took a straw poll of the commission’s prospective vote on this measure.
Mette asked for and received confirmation a denial passed tonight would still be
sent to the City Council, which could vote as it saw fit.
MOTION: Mette moved, seconded by Farr to recommend denial of the Planned
Unit Development Concept Review on 0.19 acres; Planned Unit Development
Amendment with waivers on 0.19 acres; and Preliminary Plat on 0.19 acres based
on the plans stamp dated July 22, 2022, and the staff report August 8, 2022.
Motion carried 9-0.
B. CODE AMENDMENT FOR BUILDING MATERIALS Barnhart presented the staff report. This Code Amendment would speak to three
areas of the Building Code standards. One was to establish a maximum of fiber-
cement panels/siding to be used as Class One materials on residential buildings.
The prohibition against painted brick would also be removed. Third, what
percentage of Class One materials would be allowed in single-story buildings
would be clarified. None of these represented a policy change.
MOTION: Farr moved, seconded by Kirk to close the public hearing. Motion
carried 9-0.
Farr noted a minor correction on page 304, in which “external” should be changed
to “exterior” in the acronym EIFS.
MOTION: Kirk moved, seconded by Taylor to recommend approval of the Code
Amendment Chapter 11 Exterior Building Materials with the minor change noted
by Farr, based on the staff report dated August 8, 2022. Motion carried 9-0.
C. CODE AMENDMENT FOR SIGNS
PLANNING COMMISSION MINUTES August 8, 2022
Page 7
Barnhart presented the staff report. This was a housekeeping issue to make the
sign code content neutral to comply with the US Supreme Court ruling and the
subsequent adjustments made by the City. The proposed amendment regarding
signs would reinstate allowances for incidental signs that was accidently omitted
in this previous amendment process and make housekeeping clarifications in the
Sign Code.
MOTION: Taylor moved, seconded by Gooding to close the public hearing.
Motion carried 9-0.
MOTION: Mette moved, seconded by Markos to recommend approval of the
Code Amendment Chapter 11 Signs, based on the staff report dated August 8,
2022. Motion carried 9-0.
D. CODE AMENDMENT FOR STORMWATER MANAGEMENT Barnhart presented the staff report. Here again there was no change in practice or
policy, but another housekeeping issue to update City Code language with
changes at the MPDS and MS4 permits.
Farr reiterated the importance of uniform zoning codes throughout the state which
helped communities at the local level, including Eden Prairie.
MOTION: Gooding moved, seconded by Sherwood to close the public hearing.
Motion carried 9-0.
MOTION: Markos moved, seconded by Kirk to recommend approval of the
Code Amendment Chapter 11 Stormwater Management, based on the staff report
dated August 8, 2022. Motion carried 9-0.
PLANNERS’ REPORT
MEMBERS’ REPORTS Pieper credited Farr with a quote attributed to him (Pieper) in the recent Sun
Sailor.
VI. ADJOURNMENT MOTION: Kirk moved, seconded by Taylor to adjourn. Motion carried 9-0. The
meeting was adjourned at 8:26 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
September 6, 2022
DEPARTMENT/DIVISION:
Public Works/Engineering Patrick Sejkora
ITEM DESCRIPTION:
Code Amendment –Stormwater Management Amendment
ITEM NO.:
IX.C.
Requested Action
Move to:
• Close the Public Hearing; and
• Approve the 1st Reading of the Ordinance to Amend City Code Chapter 11 relating to
stormwater management Synopsis
Eden Prairie adopted the land alteration, tree preservation and stormwater management section of code
(City Code Section 11.55) on February 16, 2006. This was, in part, in response to the U.S. Environmental Protection Agency (in 1999) and the Minnesota Pollution Control Agency (in 2005) regulating stormwater discharges in small, urbanized areas like Eden Prairie. The City applied for its first National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Separate Storm
Sewer System (MS4) Stormwater Permit (Permit) in 2005. Over the years, the Permit has been
amended to impose new requirements on MS4s. This necessitates occasional changes in City Code to ensure compliance with Permit requirements. Proposed Change
The proposed revision is in response to the most recent (2020) Permit. Some of the new provisions include:
• Clarifying that permanent stormwater management also applies to fully reconstructed
impervious surfaces;
• Imposing stormwater management requirements for linear projects (like new or expanded roads);
• Further delineating infiltration requirements and prohibitions; and
• Providing options and guidelines for off-site stormwater treatment. Many of these changes are already in practice in the City as part of the MPCA’s 2018 Construction Stormwater Permit. Staff is also proposing several modifications to make Section 11.55 more user-friendly and to better reflect the format of the Permit. It will be more apparent that the Permit’s
provisions are reflected in City Code. Planning Commission Recommendation
At their meeting on August 8th, The Planning Commission voted 9-0 to recommend approval of the
amendment to Section 11.03 relating to stormwater management. Attachments Ordinance
Planning Commission Minutes
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. __-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.55 RELATING TO STORMWATER
MANAGEMENT; 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. City Code Chapter 11, Section 11.55, Subd. 2 is amended by inserting alphabetically the following new definition: Impervious Surface means a constructed hard surface that either prevents or retards
the entry of water into the soil and causes water to run off the surface in greater
quantities and at an increased rate of flow than prior to installation of the hard surface. Examples include rooftops, sidewalks, patios, driveways, parking lots, and concrete, asphalt, or gravel roads.
Section 2. City Code Chapter 11, Section 11.55, Subd. 5, Subsection C is amended by deleting
the phrase “MPCA publication ‘Protecting Water Quality in Urban Areas’” and replacing it with the phrase “Minnesota Stormwater Manual”. Section 3. City Code Chapter 11, Section 11.55, Subd. 6, Subsection C is amended by deleting
items 1 through 4 and replacing them with the following:
1. Retain a runoff volume equal to one (1) inch times the area of the proposed new and fully reconstructed impervious surfaces onsite.
2. For linear projects, retain a runoff volume equal to the greater of one (1)
inch of runoff from the new impervious surface or one-half (0.5) inch of
runoff from the sum of the new and fully reconstructed impervious surfaces created by the project.
3. Pretreatment in the form of sump structure, vegetated filter strip, water quality inlet or other Sediment control method to settle particulates
approved by the City shall be provided for all filtration and infiltration areas.
4. Calculations, modeling and design for and installation of Infiltration BMPs must be provided.
5. No wetlands or areas below the calculated normal water level of constructed wet ponds shall be accepted as an Infiltration practice.
Section 4. City Code Chapter 11, Section 11.55, Subd. 6, Subsection D is amended by deleting items 1 through 4 and replacing them with the following:
1. Where industrial facilities are not authorized to infiltrate industrial Stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the Minnesota Pollution Control Agency (MPCA).
2. On land where vehicle fueling and maintenance currently occur, regardless of the amount of new and fully reconstructed impervious surface.
3. Where there is less than three (3) feet vertical feet of separation from the bottom of the Infiltration BMP to the elevation of seasonally saturated soils or the top of bedrock.
4. Where high levels of contaminants in soil or groundwater will be mobilized by the infiltrating Stormwater. Documentation regarding type and extent of
identified contaminants identified, such as a Phase I Environmental Site Assessment or the MPCA’s site screening assessment checklist, must be provided.
5. Where predominately Hydrologic Soil Group D (clay) soils exist.
6. Where soil Infiltration rates exceed 8.3 inches per hour, unless soils are
amended to slow the infiltration rate below 8.3 inches per hour.
7. Within one thousand (1,000) feet up-gradient, or one hundred (100) feet down-gradient of active karst features. The city may require the applicant to perform additional appropriate geotechnical investigations in areas of
suspected active karst or shallow bedrock.
8. In an Emergency Response Area (ERA) within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, Subp. 13, classified as high or very high vulnerability as defined by the Minnesota Department of Health.
9. In an ERA within a DWSMA classified as moderate vulnerability, unless
the permittee performs or approves a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater.
10. Outside of an ERA within a DWSMA classified as high or very high
vulnerability, unless the permittee performs or approves a higher level of
engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater;
Section 5. City Code Chapter 11, Section 11.55, Subd. 6, Subsection E is amended by deleting
items 1 through 8 and replacing them with the following:
1. Where the bottom of the Infiltration basin will be less than three (3) feet above the normal water level of any adjacent wetland.
2. Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. Rules 4720.5100, subp. 13.
3. Within fifty (50) feet of an outdoor salt stockpile or storage area.
4. Where vehicle fueling and maintenance previously occurred.
5. Within the Wellhead Management Zone (WMZ) of any City well.
Section 6. City Code Chapter 11, Section 11.55, Subd. 6, Subsection F, Item 2, is amended in the last sentence by adding the words “or easements” after “right-of-way”.
Section 7. City Code Chapter 11, Section 11.55, Subd. 6, Subsection F is amended in the first sentence after Item 2 by adding the phrase “wet sedimentation basins,” after “alternatives such as”; and “systems” after the word “Filtration”.
Section 8. City Code Chapter 11, Section 11.55, Subd. 6, Subsection G, Item 3, is amended by
deleting the item in its entirety and replacing it with the following: 3. Mitigation projects must be completed within twenty-four (24) months after the start of the Construction Activity or Land Alteration. If the permittee
determines more time is needed to complete the treatment project, the
permittee must provide the reason(s) and schedule(s) for completing the project in the annual report. Section 9. City Code Chapter 11, Section 11.55, Subd. 7, Subsection E, is amended by deleting
the subsection in its entirety and replacing it with the following:
E. Inspections and Maintenance during Land Alteration Activities. During the Land Alteration the Permittee must inspect each Stormwater Facility and Erosion Control System bi-weekly and immediately after each rainfall event of one-half (0.5) inches
or more. Any Erosion or breach in an Erosion Control System must be corrected
within forty-eight (48) hours of identifying the Erosion or breach. Correction may include, but is not limited to: rehabilitation of an Infiltration practice; removal of silt, litter and other debris from catch basins, inlets and drainage pipes; removal of noxious or invasive weed species; and/or replacement of landscape vegetation.
Inspections shall include, but are not limited to, evaluation of the following items:
1. Stabilization of exposed soils (including stockpiles);
2. Stabilization of ditch and swale bottoms;
3. Sediment control BMPs on all downgradient perimeters of the project and
upgradient of buffer zones;
4. Storm drain inlet protection;
5. Energy dissipation at pipe outlets;
6. Vehicle tracking BMPs;
7. Preservation of a fifty (50) foot natural buffer or redundant sediment
controls where stormwater flows to a surface water within fifty (50) feet of
disturbed soils;
8. Owner/operator of construction activity self-inspection records;
9. Containment for all liquid and solid wastes generated by washout operations (e.g., concrete, stucco, paint, form release oils, curing compounds, and other
construction materials); and
10. Maintenance and functionality of BMPs.
Documentation for each inspection must be provided to the City in a format approved by the City within forty-eight (48) hours of the inspection.
Section 10. City Code Chapter 11, Section 11.55, Subd. 7, Subsection F, is amended in the third
sentence by deleting the phrase “within forty-eight (48) hours” and replacing it with the phrase “within ninety (90) days”. Section 11. City Code Chapter 11, Section 11.55, Subd. 7, Subsection G, is amended by adding
the following new sentence after the end of the subsection: “The survey shall be provided in the Minnesota County Coordinate System, Hennepin County North American Datum 1983 (NAD83) (1996) projection in U.S. Survey feet. All vertical elevations shall be in North American Datum 1988 (NAVD88). The survey shall also be in a format compatible with the City’s current GIS software.”
Section 12. City Code Chapter 11, Section 11.55, Subd. 8, Subsection D, is amended by inserting the following new Item 4 and renumbering the remaining items accordingly: 4. A dewatering and basin draining plan.
Section 13. City Code Chapter 11, Section 11.55, Subd. 8, Subsection D, is further amended in Item 9 (as renumbered as provided in Section 12 above) by adding the words “inspect, maintain, and” after “used to”.
Section 14. City Code Chapter 11, Section 11.55, Subd. 14, is amended by deleting the subdivision in its entirety and replacing it with the following: Subd. 14. Adopted by Reference. The Minnesota Stormwater Manual and Minnesota’s Construction Stormwater General Permit published by the Minnesota
Pollution Control Agency are hereby adopted and incorporated by reference. Section 15. 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 16. This ordinance will 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 6th day of September, 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.
_________________________________ _________________________________
Katie O’Connor, Deputy City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2022.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, AUGUST 8, 2022 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Rachel Markos, Carole Mette, William Gooding, Robert Taylor, Dan Grote CITY STAFF: Jeremy Barnhart, City Planner; Rod Rue, City Engineer; Matt Bourne, Parks & Natural Resources Manager; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
All commission members were present.
III. APPROVAL OF AGENDA
MOTION: Taylor moved, seconded by Markos to approve the agenda. MOTION
CARRIED 9-0.
IV. MINUTES
MOTION: Farr moved, seconded by Kirk to approve the minutes of June 27, 2022.
MOTION CARRIED 9-0.
V. PUBLIC HEARINGS
A. OLYMPIC HILLS 8TH ADDITION Request for:
• Planned Unit Development Concept Review on 0.19 acres
• Planned Unit Development Amendment with waivers on 0.19 acres
• Preliminary Plat on 0.19 acres
Brian Field from Anderson Engineering presented a PowerPoint and detailed the
application. The site was zoned RM-6.5 multi-family low density residential.
Field displayed photographs of the existing site including overhead, north, south
PLANNING COMMISSION MINUTES August 8, 2022
Page 2
and east views along with views of the corner lot with an open field and the right-
of-way. The waivers requested were a front yard setback from 30- to 20 feet and a
lot depth of 100 feet. Field stated the minimum rear lot depth on outlot C was a
95-foot average depth. He stated the site had ample room for home construction
and the proposal was in line with the surrounding neighborhood. The proposal
included a 4,000 square foot residential house with a three-car garage and an
1,800 square foot foundation. He displayed the site grading and drainage swale
(east) plan, water service and sanitary service.
Barnhart gave the staff report. The applicant proposed to replat one outlot on 0.19
acres to allow for the construction of a single-family home. The lot was originally
intended to be a tot lot for the Olympic Hills development when platted in the late
1970s, but it was never constructed. A landscaping plan would be required for this
project. The future lot owner would be responsible for the maintenance of the
right-of-way sod and landscaped area. The setback waiver was requested in part
because of the right-of-way adjacent to the property and the lot depth in this
triangular shape of land. Staff recommended approval subject to conditions
outlined in the staff report.
Mette asked if the intent was for the golf course to retain ownership, and Field
replied the intention was to sell. Taylor asked if the setback waiver was intended
to keep the landscaped area. Field replied the 30-foot setback would not allow for
a conventional building path whereas the 20-foot would, and the eventual owner
would maintain the landscape. Kirk asked if the outlot was designated open space
in original PUD, and Barnhart replied it was an outlot only used as a tot lot.
Farr stated he was disappointed with the proposal, as he determined that a tot lot,
whether formalized or not, had been part of the development and the clear
intention for this open space in this neighborhood. He at minimum would expect
an apology and compensatory damages before approaching the commission with a
development like this. Barnhart replied the tot lot was not a formal requirement,
and there had been no documented request by the neighborhood for the use of this
tot lot which was also not generally requested in developments.
Mette asked if the City Attorney had looked into this, and Barnhart replied the
Attorney had not. Mette observed more outlots around the golf course and asked
if any of those theoretically be converted into buildable plats in the future.
Barnhart agreed it was theoretically possible though some might not have
sufficient street frontage. Olympic Hills was an arm of the developer, but the
development agreement was with the original developer.
PLANNING COMMISSION MINUTES August 8, 2022
Page 3
Jerry Pitzrick, resident at 9322 Overlook Trail, stated this was a tot lot, and that it
would remain so was the expectation all along, that Olympic Hills would take
responsibility for this land which the neighborhood instead took care of for the
last 20 years. He noted that with the filing of a formal complaint, the three weeks’
time for the owner to respond, and another two weeks for the City to respond to
the landowner’s nonresponse, an answer for the neighbors was delayed five
weeks. He stated the neighborhood was not imposing a terrible burden but rather
had cared for a property the owner had abandoned and had also abandoned its
original agreement out of arrogance. The existing single family lots were 25
percent or more larger than this proposed lot and thus not similar in size. The
drawing on page 20 showed the front yard setback decreased by one-third and
encroachment on the backyard setback. The development would be35 feet away
from the neighbors’ four-season porch, about the width of Council Chambers. He
invited commission members to visit the site and see the situation for themselves
As a civil engineer, objected to the grading plan and warned the water runoff
would affect houses to the north. He asked if the engineer had planned for a 100-
year storm event. The plans showed a bend in the water flow which would
naturally flow in a straight line. He also expressed concern about the creation of a
blind corner, as his mailbox had already been hit multiple times and there were
accidents. Rue stated there were plans to improve the lots and agreed this would
be converted into a 90-degree intersection. Pitzrick stated the original developer
did not construct the road correctly. He pleaded for a unanimous vote against the
development to send a message to the developer for breaking their commitment
45 years ago no hardship no cost, and if the commission was not ready for a
unanimous vote, to open the discussion to the public.
Pete Truhlar, resident at 9335 Overlook Trail, handed Pieper a copy of the
petition signed by the neighborhood and added one resident did not for fear of
retaliation. He spoke against the loss of green space, trees, and the play area for
the kids, and voiced concern about safety. He also invited the commission
members to visit his home and see how the development would impact him, being
so close to his four-season porch.
Ted Folstad, resident at 9285 Overlook Trail, stated he was also an engineer and
noted this plan did not conform to the design on file. He was also concerned about
safety with the street already needing repair.
Pete Platzke, resident at 9337 Overlook Trail, spoke against the development.
Judy Folstad, resident at 9285 Overlook Trail, spoke against the development.
PLANNING COMMISSION MINUTES August 8, 2022
Page 4
Kathryn Cinkle, resident at 9265 Overlook Trail, spoke against the development.
Bill Cole, resident at 9295 Overlook Trail, spoke against the development and
added his understanding that the lot would not be developed drove his decision to
purchase the property.
Andrea Platzke, 9337 Overlook Trail, spoke against the development and added
his understanding that the lot would not be developed drove her decision to
purchase the property. She also expressed concern for the safety of children who
currently used the lot
Anna Grossbach, 9330 Overlook Trail, spoke against the development.
Dave Gramling, 9210 Overlook Trail, spoke against the development and added
Olympic Golf Course had not paid a single tax dollar on that land for 45 years,
whereas it limited their club’s membership of their private course.
Joseph LoCascio, controller at Olympic Hills Golf Club since 2017, replied that
the Club came under new ownership in the mid-2000s and believed the property
had been taken care of by a lawn service. After that the Club resumed
responsibility of the lawn care under LoCascio’s watch. Brian Field clarified the
rendering Pitzrick saw was not to scale and the setbacks were being met. Rudy
Luther, new General Manager at Olympic Hills Golf Club, gave some background
and explained that having seen this lot as a possible development, crafted a
proposal with the intent to have a new single-family home. The golf course
redesign done was also intended to help the community.
Judy Folstad, returned to the mic and asked if the commission members would
like this development in their own community.
MOTION: Sherwood moved, seconded by Farr to close the public hearing.
Motion carried 9-0.
Mette agreed she would be upset if an understanding would be breeched,
however, she also understood the rights of developers. She agreed the
neighborhood had a case and the City Attorney needed to review this as it
appeared there was an agreement to have this be a tot lot. She concluded she
would vote against the proposal. Markos noted developers gave outlots to the City
so the City could control them, and she was curious why this outlot was not given
to the City. Certainly, the situation was different in the past, but she wondered
why so many little properties were still owned by the Golf Course. She asked also
if the plans for the road should be improved before the development.
PLANNING COMMISSION MINUTES August 8, 2022
Page 5
Barnhart replied he had no answer as to why the outlot was not acquired in 1976.
Processes changed over time for this reason. Bourne added this was not a unique
situation, as other developments had brought forward recreational outlots that
were never developed. Recently it was the City’s idea they should be deeded to
the City. Recreational outlots were tax-exempt, and the owner had the option to
repurchase them. He could think of several large developments in which such
agreements were not kept.
Taylor stated he had listened carefully to the history and appreciated the
community stepping up and asked where the developer had been all this time
while neighbors were maintaining this outlot. He asked for more feedback and if
there were alternative options. Luther reiterated he had not been involved prior to
2017 and nothing was brought to his attention as to the lack of maintenance. Here
merely saw a development opportunity to build a home for a new member of the
community.
Rue stated he did not know why the road was built in 1976 they way it was; the
plat showed a curve with an eyebrow cul-de-sac instead, and the concerns heard
tonight about safety were not known to him. The City redid this road two or three
years prior and from a feasibility standpoint it did not make sense to rebuild the
street unless it was necessary. The City would request some type of petition and
plan ahead for that.
Kirk stated the most troubling was the clear expectations of multiple homeowners
that this outlot would not be developed and this was clearly communicated to the
neighborhood over multiple years. Eden Prairie famous for its open space, and
such unanimity of feedback made him unable to vote for this. Gooding noted the
applicant came before the commission due to the waivers, which required a
balance, and in his mind the testimony of neighboring homeowners made valid
reasons for him to reject these waivers.
Farr stated this application was simply not acceptable for approval, as there had
been no apology or any attempt to make amends. He emphasized the applicant
should meet and mend fences with the neighborhood and negotiate. He added he
was disappointed at this proposal and the waste of this commission’s time.
Sherwood asked for and received confirmation from fellow commission members
this development was built on spec, i.e., there was no existing homeowner for this
property.
PLANNING COMMISSION MINUTES August 8, 2022
Page 6
Mette reiterated the fact that theoretically, without the request for waivers, all
outlots could be instantly converted and sold for development without the
commission’s knowledge, and Gooding agreed this was a huge concern, stating he
could not support the proposal. Kirk stated the commission and perhaps the City
needed to have a very clear understanding of what an outlot meant; he had
thought it was clear and it evidently was not in this case. Barnhart replied the
creation of an outlot established a use for the property but that could change.
Every situation was different and required research, and he did not have a general
response, but in this situation, he did not find any impediment to this outlot’s
purpose being change.
Pieper took a straw poll of the commission’s prospective vote on this measure.
Mette asked for and received confirmation a denial passed tonight would still be
sent to the City Council, which could vote as it saw fit.
MOTION: Mette moved, seconded by Farr to recommend denial of the Planned
Unit Development Concept Review on 0.19 acres; Planned Unit Development
Amendment with waivers on 0.19 acres; and Preliminary Plat on 0.19 acres based
on the plans stamp dated July 22, 2022, and the staff report August 8, 2022.
Motion carried 9-0.
B. CODE AMENDMENT FOR BUILDING MATERIALS Barnhart presented the staff report. This Code Amendment would speak to three
areas of the Building Code standards. One was to establish a maximum of fiber-
cement panels/siding to be used as Class One materials on residential buildings.
The prohibition against painted brick would also be removed. Third, what
percentage of Class One materials would be allowed in single-story buildings
would be clarified. None of these represented a policy change.
MOTION: Farr moved, seconded by Kirk to close the public hearing. Motion
carried 9-0.
Farr noted a minor correction on page 304, in which “external” should be changed
to “exterior” in the acronym EIFS.
MOTION: Kirk moved, seconded by Taylor to recommend approval of the Code
Amendment Chapter 11 Exterior Building Materials with the minor change noted
by Farr, based on the staff report dated August 8, 2022. Motion carried 9-0.
C. CODE AMENDMENT FOR SIGNS
PLANNING COMMISSION MINUTES August 8, 2022
Page 7
Barnhart presented the staff report. This was a housekeeping issue to make the
sign code content neutral to comply with the US Supreme Court ruling and the
subsequent adjustments made by the City. The proposed amendment regarding
signs would reinstate allowances for incidental signs that was accidently omitted
in this previous amendment process and make housekeeping clarifications in the
Sign Code.
MOTION: Taylor moved, seconded by Gooding to close the public hearing.
Motion carried 9-0.
MOTION: Mette moved, seconded by Markos to recommend approval of the
Code Amendment Chapter 11 Signs, based on the staff report dated August 8,
2022. Motion carried 9-0.
D. CODE AMENDMENT FOR STORMWATER MANAGEMENT Barnhart presented the staff report. Here again there was no change in practice or
policy, but another housekeeping issue to update City Code language with
changes at the MPDS and MS4 permits.
Farr reiterated the importance of uniform zoning codes throughout the state which
helped communities at the local level, including Eden Prairie.
MOTION: Gooding moved, seconded by Sherwood to close the public hearing.
Motion carried 9-0.
MOTION: Markos moved, seconded by Kirk to recommend approval of the
Code Amendment Chapter 11 Stormwater Management, based on the staff report
dated August 8, 2022. Motion carried 9-0.
PLANNERS’ REPORT
MEMBERS’ REPORTS Pieper credited Farr with a quote attributed to him (Pieper) in the recent Sun
Sailor.
VI. ADJOURNMENT MOTION: Kirk moved, seconded by Taylor to adjourn. Motion carried 9-0. The
meeting was adjourned at 8:26 p.m.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
September 6, 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 293718 - 294226
Wire Transfers 1031412 - 1031592 Wire Transfers 8978 - 9001
City of Eden Prairie
Council Check Summary
9/6/2022
Division Amount Division Amount
100 City Manager 16,915 308 E-911 373
101 Legislative 74 314 Special Investigations 500
102 Legal Counsel 36,632 315 Economic Development 40,079
110 City Clerk 840 502 Park Development 1,035
111 Customer Service 5,939 509 CIP Fund 125,718
112 Human Resources 39 522 Improvement Projects 2006 711
113 Communications 7,440 526 Transportation Fund 15,431
114 Benefits & Training 7,387 532 EP Road Connect Flying Cloud 639
131 Finance 302 539 2020 Improvement Projects 38,852
132 Housing and Community Services 130 540 Duck Lake Rd. Reconstruction 1,209,819
133 Planning 460 541 Dell RD (Crestwood to CSAH 61)5,603
136 Public Safety Communications 1,370 804 100 Year History 1,222
137 Economic Development 6,250 Total Capital Projects Fund 1,439,983
138 Community Development Admin.600
151 Park Maintenance 70,690 601 Prairie Village Liquor 187,032
154 Community Center 10,586 602 Den Road Liquor 290,715
155 Beaches 130 603 Prairie View Liquor 208,530
156 Youth Programs 11,106 605 Den Road Building 20,160
157 Special Events 30,261 701 Water Enterprise Fund 906,825
158 Senior Center 540 702 Wastewater Enterprise Fund 403,047
159 Recreation Administration 4,450 703 Stormwater Enterprise Fund 116,315
160 Therapeutic Recreation 1,575 Total Enterprise Fund 2,132,624
162 Arts 7,234
163 Outdoor Center 1,409 802 494 Commuter Services 48,574
164 Park Rental Facilities 55 806 SAC Agency Fund 49,700
168 Arts Center 1,211 807 Benefits Fund 605,117
180 Police Sworn 21,281 809 Investment Fund 4,989
184 Fire 25,849 810 Workers Comp Insurance 264,405
200 Engineering 522 811 Property Insurance 140,501
201 Street Maintenance 2,105,497 812 Fleet Internal Service 110,693
202 Street Lighting 660 813 IT Internal Service 91,755
Total General Service Fund 2,377,434 814 Facilities Capital ISF 134,734
815 Facilites Operating ISF 63,442
301 CDBG 12,324 816 Facilites City Center ISF 58,750
303 Cemetary Operation 2,158 817 Facilites Comm. Center ISF 87,024
Total Special Revenue Fund 14,482 Total Internal Svc/Agency Fund Report Totals1,659,686
Report Total 7,624,209
City of Eden Prairie
Council Check Register by GL
9/6/2022
Check #Amount Supplier / Explanation Account Description Business Unit Comments
294040 1,470,135 VALLEY PAVING INC Asphalt Overlay Street Maintenance 2022 Pavement Mgmt
294174 1,143,942 KRAEMER NORTH AMERICA LLC Improvement Contracts General Fixed Asset Account Gr Duck Lake Road Improvements
293803 472,694 CORRECTIVE ASPHALT MATERIALS LLC Seal Coating Street Maintenance 2022 Surface Seal Project
293839 435,134 METERING & TECHNOLOGY SOLUTIONS Repair & Maint. Supplies Water Capital Water Meter Assemblies
293833 404,906 LEAGUE MN CITIES INS TRUST WC Workers Comp Insurance Property Insurance Work Comp/Property casualty premiums
294002 346,661 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee Sept 2022
8990 301,422 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 08.12.22
8988 203,927 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 07.29.22
8978 136,355 MINNESOTA DEPT OF REVENUE Cash Over/Short Historical Culture Sales Tax July 2022
293975 131,052 FRANK J ZAMBONI & CO INC Repair & Maint. Supplies Facilities Capital New Electric Zamboni
1031526 94,509 XCEL ENERGY Electric Various Funds
294220 76,999 VALLEY PAVING INC Asphalt Overlay Street Maintenance
293823 63,639 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
294020 61,682 RACHEL CONTRACTING LLC Improvement Contracts Stormwater Capital
294216 55,266 TRAUT COMPANIES Improvement Contracts Water Enterprise Fund
294136 51,500 CENTURY FENCE Building Materials Capital Maint. & Reinvestment
294171 51,288 ISG Other Contracted Services Capital Maint. & Reinvestment
294003 49,203 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
294159 45,770 GUARDIAN FLEET SAFETY LLC Autos Fleet - Police
293786 44,562 BOLTON & MENK INC Design & Engineering Water Capital
1031576 42,706 LOGIS Network Support IT Operating
1031438 41,424 XCEL ENERGY Electric Various Funds
1031573 39,586 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Council
1031580 36,467 PARROTT CONTRACTING INC Equipment Repair & Maint Water Distribution
293908 34,773 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
8992 32,268 EMPOWER Deferred Compensation Health and Benefits
294013 31,796 NORTH COUNTRY CHEVROLET Autos Fleet - Public Works
293916 31,226 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
294043 30,000 RES SPECIALTY PYROTECHNICS INC Other Contracted Services July 4th Celebration
294209 29,273 SWANSON & YOUNGDALE INC Improvement Contracts 2020 Improvement Projects
1031581 28,600 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs - Roof General Community Center
1031566 26,862 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
293976 26,766 GRAYMONT Treatment Chemicals Water Treatment
293817 26,714 GRAYMONT Treatment Chemicals Water Treatment
294157 26,267 GRAYMONT Treatment Chemicals Water Treatment
1031420 25,670 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
1031507 25,532 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station
1031585 25,067 SRF CONSULTING GROUP INC Design & Engineering Capital Maint. & Reinvestment
1031417 24,432 CDW GOVERNMENT INC.Computers IT Capital
1031540 24,268 AMERICAN ENGINEERING TESTING INC Testing Duck Lake Rd. Reconstruction
294093 23,101 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1031504 22,015 CENTERPOINT ENERGY Gas Various Funds
8991 20,103 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
294100 19,986 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
293938 18,633 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
293846 17,821 NORTHSTAR MUDJACKING & MORE LLC Asphalt Overlay Drainage
Check #Amount Supplier / Explanation Account Description Business Unit Comments
294204 17,499 SSI KEF SLB LLC Electric Various Funds
293892 16,916 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
8982 16,665 FURTHER - AKA SELECT HSA - Employee Health and Benefits
294045 16,202 GRI EDEN PRAIRIE, LLC Licenses, Taxes, Fees Prairie Village Liquor Store
294046 16,136 PRAIRIEVIEW RETAIL LLC Licenses, Taxes, Fees Prairie View Liquor Store
294075 16,037 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
294052 15,830 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
293854 15,104 PREMIER LAKE HARVESTING LLC Other Contracted Services Stormwater Non-Capital
294068 14,101 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
294132 13,900 BITUMINOUS ROADWAYS INC Other Contracted Services Capital Maint. & Reinvestment
293932 13,588 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
8998 13,307 FURTHER - AKA SELECT HSA - Employee Health and Benefits
294165 13,182 HOOTSUITE Other Contracted Services Prairie View Liquor Store
294115 13,018 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
8994 12,737 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
293749 12,593 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1031513 12,572 HAWKINS INC Treatment Chemicals Water Treatment
8980 12,547 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
294035 12,290 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Police (City Cost)
293877 12,283 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital
293762 12,210 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
294005 11,750 MILBANK WINWATER WORKS Capital Under $25,000 Water Capital
1031500 11,370 WSB & ASSOCIATES INC Design & Engineering Park Acquisition & Development
294214 11,183 TOTAL MECHANICAL SERVICES Capital Under $25,000 Den Road Building
294082 10,808 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1031562 10,759 BIFFS INC Waste Disposal Various Funds
1031574 10,398 HAWKINS INC Treatment Chemicals Water Treatment
294147 9,980 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF
293813 9,875 EXCEL LAWN & LANDSCAPE Contract Svcs - Lawn Maint.Various Funds
293875 9,703 VERIZON WIRELESS Other Contracted Services IT Operating
1031518 9,617 MITY-LITE INC Capital Under $25,000 FF&E - Furn, Fixtures & Equip.
294182 9,600 MIDWEST GROUNDCOVER Landscape Materials/Supp Staring Lake
293885 9,594 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
294077 9,327 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
294221 9,086 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution
294191 8,889 PRESCRIPTION LANDSCAPE Asphalt Overlay Fire Station #4
293807 8,517 EARL F ANDERSEN INC Signs Traffic Signs
293799 8,396 COMMERCIAL ASPHALT CO Asphalt Overlay Wasterwater Collection
294135 8,230 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance
294167 8,031 HYDROCORP Improvement Contracts Water Capital
294180 8,000 MCLAUGHLIN MICHAEL Other Contracted Services Economic Development
293720 7,937 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
294047 7,896 FINALCOVER LLC Hardware - R&M IT Capital
293980 7,787 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
294201 7,714 SIR LINES-A-LOT Contracted Striping Traffic Signs
293910 7,679 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
1031570 7,656 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection
293793 7,459 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance
293755 7,157 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
294141 7,117 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection
Check #Amount Supplier / Explanation Account Description Business Unit Comments
293728 7,059 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
294076 6,936 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
293924 6,922 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
293768 6,672 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
8993 6,670 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission
294048 6,638 XCEL ENERGY Improvement Contracts Various Funds
293984 6,489 HINTERLAND CSG LLC Electric Facilities Operating ISF
293988 6,387 HYDRO-VAC INC Equipment Repair & Maint Wasterwater Collection
293837 6,250 MCCD Other Contracted Services Economic Development
294059 6,222 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
293865 6,136 SMSC ENTERPRISES Landscape Materials/Supp Economic Development Fund
1031563 6,130 CENTERPOINT ENERGY Gas Various Funds
1031467 5,966 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Park Maintenance
293744 5,910 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
294108 5,890 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1031592 5,759 WM MUELLER AND SONS INC Landscape Materials/Supp Park Maintenance
293934 5,737 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
294222 5,663 VIDEOTRONIX INC Capital Under $25,000 Capital Maint. & Reinvestment
294027 5,595 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF
293773 5,539 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1031430 5,429 METRO SALES INCORPORATED*Equipment Rentals 494 Corridor Commission
293972 5,287 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
294128 5,264 BADGER METER Telephone Water Metering
293734 5,169 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
293821 4,995 HAWK ANALYTICS INC Other Contracted Services Police Sworn
294017 4,989 PFM ASSET MANAGEMENT LLC Interest Investment Fund
294219 4,956 UNITED SYSTEMS & SOFTWARE INC Capital Under $25,000 Water Metering
293958 4,841 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance
1031427 4,764 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
293985 4,751 HLS OUTDOOR Chemicals Park Maintenance
293853 4,708 POSTMASTER Advertising Prairie View Liquor Store
294203 4,705 SNAP-ON TOOLS Small Tools Fleet Operating
293949 4,595 AIR MECHANICAL INC Other Contracted Services Rehab
293878 4,541 WM CORPORATE SERVICES INC Waste Disposal General Community Center
294123 4,499 AMAZING ATHLETES OF CENTRAL MN Instructor Service Preschool Events
293943 4,458 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
293887 4,409 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
294018 4,375 PINNACLE ROOFING SYSTEMS Accounts Receivable TIF-Eden Shores Senior Housing
1031412 4,326 ANCHOR PAPER COMPANY Office Supplies Customer Service
294030 4,250 STAR TRIBUNE Employment Advertising Organizational Services
294155 4,179 EXPERT ASPHALT INC Accounts Receivable TIF-Eden Shores Senior Housing
1031503 4,127 CDW GOVERNMENT INC.Computers IT Capital
293858 4,100 RICHFIELD BLACKTOP & CONCRETE Accounts Receivable TIF-Eden Shores Senior Housing
294224 4,080 WAYNES HOME SERVICES Equipment Repair & Maint Water Treatment
294176 4,050 LLOYDS CONSTRUCTION Deposits Water Enterprise Fund
293909 4,049 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
293956 4,048 CANVAS CRAFT INC Repair & Maint. Supplies Park Maintenance
293805 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund
294193 3,980 PROP Other Contracted Services CDBG - Public Service
293831 3,965 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit Comments
294166 3,934 HOPKINS SPORTS CAMPS LLC Instructor Service Camps
294073 3,819 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
293838 3,800 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission
293753 3,783 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
293743 3,733 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
294088 3,718 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
293981 3,698 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission
294158 3,693 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
294102 3,671 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
1031508 3,607 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection
293947 3,606 ABDI AMINA Accounts Receivable TIF-Eden Shores Senior Housing
293989 3,599 INDIGITAL INC Other Contracted Services IT Capital
293763 3,443 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
294202 3,394 SMSC ENTERPRISES Landscape Materials/Supp Park Maintenance
293822 3,375 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
293898 3,332 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
293787 3,236 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire
293825 3,220 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
293950 3,200 AMERICAN TEST CENTER INC Equipment Testing/Cert.Fire
294194 3,184 PROP Other Contracted Services CDBG - Public Service
1031437 3,155 WALL TRENDS INC Contract Svcs - General Bldg City Center - CAM
1031435 3,150 STREICHERS Clothing & Uniforms Police Sworn
293742 3,133 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
1031559 3,019 VAN PAPER COMPANY Cleaning Supplies General Community Center
8997 3,008 FURTHER - AKA SELECT FSA - Medical Health and Benefits
293998 3,005 MACQUEEN EQUIPMENT INC Training Fire
1031499 2,958 VAN PAPER COMPANY Cleaning Supplies Maintenance Facility
8981 2,944 FURTHER - AKA SELECT FSA - Medical Health and Benefits
294053 2,894 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
294097 2,883 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
293764 2,869 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
1031565 2,869 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Metering
294161 2,803 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
9000 2,781 FURTHER - AKA SELECT FSA - Medical Health and Benefits
294023 2,765 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance
293983 2,750 HENNEPIN COUNTY MEDICAL CENTER Training Fire
293733 2,726 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
293933 2,692 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
294051 2,686 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1031549 2,666 KRISS PREMIUM PRODUCTS INC Supplies - HVAC Ice Arena Maintenance
293779 2,656 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Street Maintenance
294080 2,566 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
294057 2,555 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
294078 2,544 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
293966 2,504 CORE & MAIN Repair & Maint. Supplies Street Maintenance
294101 2,488 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
293843 2,453 NAC Building Repair & Maint.Fire Station #3
1031425 2,445 GENUINE PARTS COMPANY Cleaning Supplies Fleet Operating
294106 2,435 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
1031520 2,403 PRAIRIE ELECTRIC COMPANY Equipment Repair & Maint Facilities Capital
Check #Amount Supplier / Explanation Account Description Business Unit Comments
293747 2,392 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
294217 2,391 ULTIMATE PLAYGROUNDS INC Equipment Repair & Maint Round Lake
293886 2,367 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
294032 2,325 STRATEGIC INSIGHTS INC Software Maintenance IT Operating
293738 2,274 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
293783 2,273 ASPEN MILLS Clothing & Uniforms Fire
1031561 2,240 WSB & ASSOCIATES INC Design & Engineering Economic Development Fund
293915 2,233 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
294054 2,221 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
293862 2,200 SEBCO INC Other Contracted Services Facilities Capital
293771 2,195 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1031575 2,128 IDEAL SERVICE INC Equipment Repair & Maint Utility Operations - General
294031 2,110 STATE OF MINNESOTA Autos Fleet - Public Works
294112 2,089 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
293718 2,064 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1031465 2,056 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery
1031571 2,027 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment
294160 2,000 HELLO BOOKING INC Other Contracted Services Staring Lake Concert
294065 1,966 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
294143 1,966 CORE & MAIN Repair & Maint. Supplies Water Distribution
293782 1,935 ARVIG Fiber Lease Payments IT Operating
293969 1,934 EHLERS & ASSOCIATES INC Other Contracted Services Various Funds
293882 1,880 TEKPARTNERS SOLUTIONS LLC Other Contracted Services Organizational Services
1031418 1,879 CENTERPOINT ENERGY Gas Various Funds
293954 1,860 BLOOMINGTON, CITY OF Board of Prisoner Police Sworn
294190 1,853 PERA Wages and Benefits 494 Corridor Commission
294154 1,845 ESCH CONSTRUCTION SUPPLY INC Equipment Parts Fleet Operating
293814 1,827 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
294015 1,826 PERA Wages and Benefits 494 Corridor Commission
293927 1,786 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
293973 1,745 FIRST ARRIVING, LLC Operating Supplies Fire
1031509 1,729 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment
294133 1,724 BOOSHIE INC Training Supply-Recruit Fire
293722 1,664 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
293990 1,664 INDIGO SIGNWORKS, INC.Printing Arts
293962 1,648 CLEAR STREAM CONSTRUCTION LLC Outside Water Sales Water Enterprise Fund
294207 1,648 STEINER CONSTRUCTION Outside Water Sales Water Enterprise Fund
293986 1,639 HOPKINS SPORTS CAMPS LLC Instructor Service Camps
293735 1,606 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
293842 1,586 MOBOTREX INC Equipment Repair & Maint Traffic Signals
294177 1,575 MACPHAIL CENTER FOR MUSIC Other Contracted Services New Adaptive
293721 1,559 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
293890 1,518 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
293860 1,514 ROCHON CORPORATION Outside Water Sales Water Enterprise Fund
294039 1,514 UNITED REFRIGERATION Supplies - HVAC City Hall (City Cost)
293896 1,490 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
294153 1,458 EMERGENCY TECHNICAL DECON Protective Clothing Fire
1031547 1,447 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
1031511 1,418 GRAINGER Cleaning Supplies City Center - CAM
293785 1,413 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1031533 1,408 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
293930 1,404 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1031416 1,402 BOYER TRUCKS Equipment Parts Fleet Operating
293859 1,399 RIVERS EDGE CONCRETE Asphalt Overlay Stormwater Collection
1031551 1,399 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM
293775 1,389 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
294226 1,382 YORKTOWN OFFICES Rent 494 Corridor Commission
294019 1,375 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
293970 1,357 EVOCHARGE INC Supplies - Electrical Police (City Cost)
294197 1,350 SAFETY VEHICLE SOLUTIONS Autos Fleet Operating
1031476 1,349 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
294072 1,319 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
293945 1,308 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
293942 1,306 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
293936 1,284 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
294144 1,274 CRANE ENGINEERING INC Repair & Maint. Supplies Water Treatment
293818 1,250 GREASE BUSTER OF THE TWIN CITIES Contract Svcs - Garden Rm/Caf.Garden Room Repairs
294187 1,226 NAC Contract Svcs - HVAC City Center - CAM
294021 1,215 READY WATT ELECTRIC Repair & Maint. Supplies Emergency Management
1031494 1,211 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
1031525 1,209 VISTAR CORPORATION Merchandise for Resale Concessions
1031470 1,209 WSB & ASSOCIATES INC Other Contracted Services Historical Culture
1031512 1,207 H M CRAGG CO Contract Svcs - Fire/Life/Safe Fire Station #3
293770 1,204 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1031429 1,199 MENARDS Operating Supplies Facilities Staff
1031539 1,178 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
294103 1,174 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
293736 1,169 WINEBOW Liquor Product Received Prairie Village Liquor Store
8999 1,155 FURTHER - AKA SELECT Other Contracted Services Health and Benefits
293874 1,150 TMS JOHNSON Supplies - HVAC Fitness/Conference - Cmty Ctr
293863 1,140 SECURE BY DESIGN INC Software Maintenance IT Operating
293940 1,138 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
293732 1,116 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1031447 1,109 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
1031537 1,088 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1031528 1,066 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1031501 1,061 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
293873 1,050 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery
1031577 1,043 MENARDS Cleaning Supplies Street Maintenance
293835 1,042 MARCO INC Hardware - R&M IT Operating
294122 1,035 AIRGAS USA LLC Supplies - Pool Fire
293912 1,032 DOMACE VINO Liquor Product Received Den Road Liquor Store
293760 1,019 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
293766 1,002 DOMACE VINO Liquor Product Received Prairie View Liquor Store
294124 1,000 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Stormwater Collection
293901 975 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
294036 968 SUPERIOR TURF SERVICES Landscape Materials/Supp Park Maintenance
1031441 965 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1031583 961 REINDERS INC Landscape Materials/Supp Park Maintenance
294061 929 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
294210 928 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
293826 928 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
294169 928 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
1031578 921 MTI DISTRIBUTING INC Equipment Parts Park Maintenance
293905 919 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
294162 911 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications
293870 906 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
293868 902 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Non-Capital
294086 890 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
293776 886 WINEBOW Liquor Product Received Prairie View Liquor Store
1031477 872 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
1031529 871 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
293758 868 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1031479 859 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1031473 857 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1031450 854 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
293757 851 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store
294024 850 SAFETY VEHICLE SOLUTIONS Equipment Repair & Maint Fleet Operating
294173 845 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Youth Programs Admin
1031424 844 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM
294022 839 REISDORF, KELLY AR Utility Water Enterprise Fund
1031445 832 VINOCOPIA Liquor Product Received Den Road Liquor Store
293911 826 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
8996 808 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
294152 808 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
294208 800 SUN BABY PUBLISHING Other Contracted Services Staring Lake Concert
293900 788 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
293850 785 PETERSON COUNSELING AND CONSULTING Health & Fitness Fire
1031591 779 VISTAR CORPORATION Merchandise for Resale Concessions
293767 778 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
294121 763 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Repair & Maint Fleet Operating
293726 759 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
294172 756 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
293780 748 AIRGAS USA LLC Supplies - Pool Pool Maintenance
293948 748 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Repair & Maint Fleet Operating
1031460 748 JOHNSTONE SUPPLY Supplies - HVAC City Center - CAM
293918 746 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
293869 744 STAPLES ADVANTAGE Office Supplies Elections
8989 736 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
1031488 732 HEINE MASON Mileage & Parking Police Sworn
294170 729 INTREPID NETWORKS LLC Other Contracted Services Police Sworn
294037 722 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
1031532 716 VINOCOPIA Liquor Product Received Den Road Liquor Store
1031536 713 VINOCOPIA Liquor Product Received Prairie View Liquor Store
294056 702 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
294014 691 PAPCO INC Janitor Service General Community Center
293789 684 BRIN GLASS SERVICE Contract Svcs - General Bldg Park Shelters
293824 680 IDEA CREEK LLC,THE Operating Supplies-Award/Retir Fire
293778 672 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Repair & Maint Fleet Operating
294105 656 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1031546 635 FASTENAL COMPANY Operating Supplies Park Maintenance
294111 633 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
293804 625 DELEGARD TOOL CO Equipment Parts Fleet Operating
294117 619 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
294079 616 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
1031572 605 GRAINGER Repair & Maint. Supplies Park Shelters
293802 600 COREMARK METALS Building Materials Street Maintenance
293832 600 LEADERSHIP TRANSITIONS INC Conference/Training Community Development Admin.
294178 600 MARTIN-MCALLISTER Employment Advertising Organizational Services
1031452 600 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1031454 598 BERRY COFFEE COMPANY Merchandise for Resale Concessions
294192 595 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission
293952 594 ASPEN MILLS Clothing & Uniforms Fire
293995 590 LAKER PROMOTIONS Incentives 494 Corridor Commission
293925 588 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
293801 585 COMPAS Other Contracted Services Staring Lake Concert
294142 580 COMPAS Other Contracted Services Staring Lake Concert
294084 576 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
293794 573 CENTURYLINK Internet IT Operating
293723 565 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
293914 559 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
293752 554 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
294156 547 FIRE SAFETY USA INC Equipment Parts Fleet Operating
294218 546 UNITED REFRIGERATION Capital Under $25,000 Den Road Building
1031579 546 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment
1031557 543 THE OASIS GROUP Employee Assistance Organizational Services
294064 525 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1031431 513 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
293765 509 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
294134 508 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance
1031486 508 FORESTRY SUPPLIERS INC.Operating Supplies Tree Disease
293919 507 MEGA BEER Liquor Product Received Den Road Liquor Store
1031413 507 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
293944 504 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie View Liquor Store
294016 500 PETTY CASH-POLICE DEPT Miscellaneous Special Investigations
294050 500 HENNEPIN COUNTY SHERIFF'S OFFICE Deposits General Fund
293902 500 WINEBOW Liquor Product Received Prairie Village Liquor Store
293791 499 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe City Center - CAM
1031414 496 BIFFS INC Waste Disposal PeopleFest
293996 482 LANO EQUIPMENT INC Equipment Parts Fleet Operating
293731 478 ORIGIN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
293790 476 BRO-TEX INC Repair & Maint. Supplies Fleet Operating
1031534 474 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
293792 472 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance
294211 470 TAC TOTE Operating Supplies Police Sworn
1031423 470 ESS BROTHERS & SONS INC Repair & Maint. Supplies Water Distribution
293756 468 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
294118 459 WINEBOW Liquor Product Received Prairie View Liquor Store
294109 457 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
293894 457 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
294067 451 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
293740 450 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
294168 450 INDIGO SIGNWORKS, INC.Printing Special Events Admin
1031443 448 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
293923 444 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
293922 441 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
294164 438 HOME DEPOT CREDIT SERVICES Training Supply-Operating Various Funds
294004 437 MHSRC/DDP Other Contracted Services Senior Center Programs
294095 429 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1031510 429 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating
293784 425 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance
294130 425 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance
1031569 425 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station
293961 423 CINTAS CORPORATION Safety Supplies Community Center Admin
293979 415 HAAK LORI Conference/Training Stormwater Non-Capital
293724 414 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1031469 412 VAN PAPER COMPANY Cleaning Supplies City Center - CAM
1031485 411 FASTENAL COMPANY Machinery & Equipment Miller Park
1031523 405 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
293991 403 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD Printing Arts in the Park
1031491 401 LEONARD, MICHELLE Conference/Prof. Dev.494 Corridor Commission
1031589 400 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
293759 392 WINEBOW Liquor Product Received Den Road Liquor Store
294044 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service
1031428 389 LOCATORS & SUPPLIES INC Asphalt Overlay Street Maintenance
294000 389 MASTER CRAFT LABELS INC Fire Prev Supp-Pub Ed/PR Fire
293834 386 MACQUEEN EQUIPMENT INC Protective Clothing Fire
294223 374 WATER CONSERVATION SERVICES INC Equipment Repair & Maint Water Distribution
1031433 372 SHERWIN WILLIAMS CO Operating Supplies Park Maintenance
1031548 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service
1031530 370 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
294098 362 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
294198 360 SEVERSON JOHN Rebates Stormwater Non-Capital
294199 360 SEVERSON NIKOLAS Rebates Stormwater Non-Capital
1031582 360 PREMIUM WATERS INC Operating Supplies - Water Fire
293959 359 CENTURYLINK Telephone IT Operating
1031531 359 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
293745 358 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
294025 358 SHEPPARD ELIZABETH Operating Supplies Outdoor Center
293997 357 LAWSON PRODUCTS INC Repair & Maint. Supplies Fleet Operating
293884 356 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
293906 356 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
293931 356 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
294029 350 STAPLES ADVANTAGE Office Supplies Customer Service
294038 350 TOLEDO YARDSCAPE LLC Contract Svcs - Lawn Maint.City Center - CAM
294213 350 TOTAL ENTERTAINMENT/KIDSDANCE PROD.Other Contracted Services Staring Lake Concert
294074 348 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
294189 347 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
293729 346 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
294125 344 ARAMARK Janitor Service Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
294151 344 EHLERS & ASSOCIATES INC Deposits Economic Development Fund
293897 344 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
293992 340 JOHNSTONE SUPPLY Supplies - HVAC City Center - CAM
1031516 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating
1031472 338 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
1031487 333 HACH COMPANY Treatment Chemicals Water Treatment
294104 330 DOMACE VINO Liquor Product Received Prairie View Liquor Store
1031474 330 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
1031444 329 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
1031426 328 GRAINGER Repair & Maint. Supplies Senior Center
1031457 326 CUSTOM HOSE TECH Equipment Parts Fleet Operating
293746 320 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store
1031535 320 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1031567 316 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
293889 313 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie Village Liquor Store
293872 310 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
293971 309 FASTSIGNS Signs Park Maintenance
1031584 308 SHERWIN WILLIAMS CO Repair & Maint. Supplies Park Maintenance
294028 308 ST CROIX LINEN LLC Operating Supplies-Linens Fire
1031440 308 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
294137 302 CENTURYLINK Telephone E-911 Program
8986 302 US BANK - PAYMODE Bank and Service Charges Finance
294092 301 SMALL LOT MN Liquor Product Received Den Road Liquor Store
294114 301 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
293899 300 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
293993 300 KIDS DJ Other Contracted Services Staring Lake Concert
294069 297 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
294094 297 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
293921 296 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
294033 295 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
294181 294 METRO APPLIANCE RECYCLING Waste Disposal Fleet Operating
293883 286 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1031462 282 METROPOLITAN FORD Equipment Parts Fleet Operating
1031587 281 STREICHERS Clothing & Uniforms Police Sworn
1031446 280 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
293967 280 DELTA DENTAL Wages and Benefits 494 Corridor Commission
1031555 280 RUE, RODNEY Conference/Training Engineering
1031480 277 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
1031522 272 STREICHERS Clothing & Uniforms Police Sworn
8983 270 OPTUM HEALTH Other Contracted Services Health and Benefits
293917 267 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
1031506 264 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
1031519 264 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
293739 261 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
1031505 258 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Distribution
1031483 257 BOLD, PAULINE Operating Supplies Outdoor Center
1031545 254 CUSTOM HOSE TECH Equipment Parts Fleet Operating
293808 250 ECOLAB Equipment Repair & Maint Concessions
293999 249 MAHONEY PATRICK P&R Refunds Community Center Admin
293888 247 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
293968 247 DIRECTV Cable TV Community Center Admin
8987 242 VANCO SERVICES Bank and Service Charges Various Funds
293754 242 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
293772 239 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store
1031456 235 CONCRETE CUTTING AND CORING Patching Asphalt Street Maintenance
293935 229 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
294215 227 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
1031496 223 QUALITY PROPANE Motor Fuels Fleet Operating
1031550 221 LOWERY, THOMAS Travel Expense Police Sworn
1031556 221 STREIFF, CHAD Travel Expense Police Sworn
294071 219 VINIFERA IMPORTS LTD Liquor Product Received Prairie Village Liquor Store
294042 218 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility
1031475 217 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
1031466 215 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1031527 209 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
1031521 208 SPRINT Cell Phones 494 Corridor Commission
293939 207 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
293928 205 WINEBOW Liquor Product Received Den Road Liquor Store
293946 204 LINDEMAN BRETT Mileage & Parking Police Sworn
294055 202 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
293920 202 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
293941 202 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
293750 199 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
1031514 197 LOCATORS & SUPPLIES INC Asphalt Overlay Street Maintenance
293855 194 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.City Center - CAM
294116 194 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
1031458 194 ELLIS, ROBERT Mileage & Parking Engineering
293751 193 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
293871 192 SUMMIT COMPANIES Contract Svcs - Fire/Life/Safe Den Bldg. - CAM
1031553 190 MPX GROUP, THE Printing Police Sworn
293795 190 COMCAST Internet IT Operating
1031448 190 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
293926 189 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store
293727 188 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
1031442 187 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
294062 186 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
294120 185 PETTY CASH-EPCC Mileage & Parking Round Lake Beach
294090 183 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store
1031481 182 BECK LILA Mileage & Parking Tree Disease
294186 176 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
294011 175 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating
1031568 174 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
293781 165 ARAMARK Janitor Service Prairie Village Liquor Store
293774 162 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
293974 161 FLYNN, KERRY Operating Supplies Outdoor Center
294034 160 SULLIVAN KRISTIN P&R Refunds Community Center Admin
1031588 160 TWIN CITY FILTER SERVICE INC Building Repair & Maint.Utility Operations - General
293903 156 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
294131 154 BATES SHANA P&R Refunds Community Center Admin
293725 151 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
293848 150 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
293836 150 MARIE RIDGEWAY LICSW LLC Other Contracted Services Police Sworn
293876 150 VERMONT SYSTEMS, INC Software Recreation Admin
1031432 150 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Center - CAM
1031564 150 CITI-CARGO & STORAGE CO, INC Other Rentals Summer Theatre
1031590 150 USA SECURITY Maintenance Contracts Water Treatment
294096 150 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
293730 148 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1031538 147 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
1031493 146 METROPOLITAN FORD Equipment Parts Fleet Operating
293841 146 MINNESOTA TROPHIES & GIFTS Operating Supplies Park Maintenance
294058 146 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
293827 145 JANISH MIKE AR Utility Water Enterprise Fund
1031453 144 BECK LILA Mileage & Parking Tree Disease
293913 144 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store
1031463 144 NAUMANN, ANDREW Clothing & Uniforms Police Sworn
293815 144 GERTENS Chemicals Park Maintenance
1031552 144 METROPOLITAN FORD Equipment Parts Fleet Operating
293819 139 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
293965 139 COMCAST Cable TV Fire
293893 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
294060 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
294083 138 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
294129 136 BARNA, GUZY & STEFFEN ,LTD Legal Legal Council
1031421 136 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
1031422 135 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
294145 135 CUNNINGHAM KATE P&R Refunds Community Center Admin
293937 134 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
1031449 132 VINOCOPIA Liquor Product Received Prairie View Liquor Store
293929 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
294119 131 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
293895 130 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
294006 130 MINNESOTA POLLUTION CONTROL AGENCY Tuition Reimbursement/School Utility Operations - General
294063 130 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
293741 130 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
1031471 129 NAUMANN, ANDREW Clothing & Uniforms Police Sworn
294049 128 HENNEPIN COUNTY SHERIFF'S OFFICE Deposits General Fund
294146 127 DAY NICHOLE Conference/Prof. Dev.494 Corridor Commission
294175 127 LIGHT GINA Operating Supplies Theatre Initiative
293737 125 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
293777 125 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
294179 125 MATTS AUTO SERVICE INC Other Contracted Services Facilities Capital
1031419 125 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Riley Lake
1031560 125 VERLEY, VALERIE Mileage & Parking Community Center Admin
293907 122 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
1031544 122 COX, KIM Conference/Training Fire
1031439 120 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
293849 120 OFFICE OF THE SECRETARY OF STATE Licenses, Taxes, Fees Police Sworn
294085 116 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
294126 114 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1031478 112 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
293953 111 BACAL, AGNIESZKA Operating Supplies Outdoor Center
293904 106 56 BREWING LLC Liquor Product Received Den Road Liquor Store
293769 105 ORIGIN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
294007 105 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
1031489 105 JOHNSTONE SUPPLY Supplies - HVAC Facilities Staff
293797 103 COMCAST Cable TV Fire
294066 102 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store
1031586 101 STERICYCLE INC Other Contracted Services Police Sworn
294070 101 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
293856 100 PROP - PR Charitable Contributions Health and Benefits
294081 100 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
294107 100 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
294184 100 MINNESOTA DEPT OF LABOR AND INDUSTRY Contract Svcs - Elevator Maintenance Facility
294195 100 PROP - PR Charitable Contributions Health and Benefits
294205 100 STAPLES ADVANTAGE Office Supplies Customer Service
293960 98 CINTAS Operating Supplies Park Maintenance
294089 98 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
293719 98 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
293951 98 ARAMARK Janitor Service Prairie Village Liquor Store
1031484 98 CARLSTON, BRANDON Canine Supplies Police Sworn
293994 96 KODIAK CUSTOM LETTERING INC Deposits City Council
294110 95 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
293867 93 SOLUTION BUILDERS Computers 494 Corridor Commission
293748 92 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
1031451 91 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
294087 90 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
294091 90 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
293891 88 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
294010 88 MN DEPT OF TRANSPORTATION Equipment Repair & Maint Traffic Signals
294183 87 MIKKELSON, GRACE Mileage & Parking Youth Programs Admin
293982 87 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating
293963 86 COMCAST Cable TV Fire
1031515 83 MENARDS Supplies - HVAC Park Maintenance
294012 82 MOST DEPENDABLE FOUNTAINS Repair & Maint. Supplies Park Maintenance
294099 82 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
294001 78 MEDICINE LAKE TOURS Special Event Fees Trips
1031541 78 BERRY COFFEE COMPANY Merchandise for Resale Concessions
293800 75 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
294138 75 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits
293879 74 PEDERSON, CLARA Deposits General Fund
1031492 73 MADISON, MELISSA Conference/Prof. Dev.494 Corridor Commission
294127 72 ASPEN MILLS Postage Fire
293845 72 NORTHERN BRANDS INC Operating Supplies Volunteers
8984 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
9001 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
293816 71 GORRILLA KIRA Deposits General Fund
1031543 70 CARLSTON, BRANDON Clothing & Uniforms Police Sworn
1031517 68 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
293964 67 COMCAST Cable TV Fire
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1031482 66 BECKER, DAVE Mileage & Parking Police Sworn
1031542 66 BOSACKER MIKE Mileage & Parking Police Sworn
1031490 65 KIRCHBERG KIRA Tuition Reimbursement/School Fitness Classes
8985 64 MONEY MOVERS INC Other Contracted Services Community Center Admin
293830 63 LACOUNT SALES LLC Supplies - Fire/Life/Safety General Community Center
294113 62 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store
294041 60 WESTERN FIRST AID & SAFETY Safety Supplies Den Road Liquor Store
293864 60 SHRED RIGHT Waste Disposal City Hall (City Cost)
294225 57 WEIMAN NOLAN Mileage & Parking Youth Programs Admin
293796 55 COMCAST Cable TV Fire
1031415 54 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
294212 54 TEUT KRIS P&R Refunds Community Center Admin
293840 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
293851 51 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn
294139 50 COMCAST Internet IT Operating
293978 49 GS DIRECT Operating Supplies Engineering
293829 48 JOHNSON FITNESS & WELLNESS Training Supplies Police Sworn
293955 44 BONSEN ABIGAIL Mileage & Parking Youth Programs Admin
293866 42 SNAP-ON TOOLS Small Tools Fleet Operating
1031436 41 UPS Postage Human Resources
293761 41 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
1031495 39 OLSEN CHAIN & CABLE Operating Supplies Park Maintenance
293977 38 GRIMCO MIDWEST LLC Operating Supplies Traffic Signs
294200 38 SHRED RIGHT Waste Disposal General Community Center
294008 37 MINNESOTA TROPHIES & GIFTS Operating Supplies Park Maintenance
1031455 36 CHANSKI DAN Clothing & Uniforms Police Sworn
294026 35 SNAP-ON TOOLS Small Tools Fleet Operating
1031498 35 SWANK MOTION PICTURES INC Licenses, Taxes, Fees Staring Lake Concert
293987 30 HOSSEINI JACQUELINE P&R Refunds Community Center Admin
293852 30 POMROY JACKSON P&R Refunds Community Center Admin
293861 30 RUGGLES ERIC P&R Refunds Community Center Admin
294196 30 ROGOTZKE AMBER P&R Refunds Community Center Admin
294163 29 HLS OUTDOOR Repair & Maint. Supplies Staring Lake
1031502 26 CAWLEY COMPANY, THE Office Supplies City Council
293880 26 MEYERS, HELEN Deposits General Fund
8995 25 MINNESOTA DEPT OF REVENUE Licenses, Taxes, Fees Fleet Operating
293881 25 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
1031497 25 ROCKEY, JOSH Mileage & Parking Senior Center Admin
1031558 24 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
1031434 24 SPS COMPANIES Supplies - Plumbing Riley Lake
294140 23 COMCAST Other Contracted Services Police Sworn
1031461 23 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
293806 22 DISCOVER PRODUCTS INC Other Contracted Services Police Sworn
1031554 22 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1031464 21 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
1031459 21 FASTENAL COMPANY Operating Supplies Park Maintenance
1031468 20 SPOK, INC.Cell/Pager Plans IT Operating
293810 16 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
294150 16 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
294206 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
293811 14 EGGENBERGER SANDRA P&R Refunds Community Center Admin
293812 14 ELLERN ILYA P&R Refunds Community Center Admin
293820 14 HARDCASTLE CHRISTINE P&R Refunds Community Center Admin
293847 14 OCONNELL CARRIE P&R Refunds Community Center Admin
294148 13 DIGI-KEY Supplies - General Bldg City Hall (City Cost)
1031524 13 UPS Postage Human Resources
294185 12 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
294009 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
293857 8 PROPERTY LLC VISTA AR Utility Water Enterprise Fund
293844 8 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
294188 8 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
293957 7 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF
293828 6 JERRY'S ENTERPRISES INC Equipment Parts Fleet Operating
293798 4 COMCAST Other Contracted Services Police Sworn
293788 4 BRAATZ HENRIETTA P&R Refunds Community Center Admin
293809 2 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
294149 2 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits7,624,209 Grand Total
CITY COUNCIL AGENDA
SECTION: Report of the City Manager
DATE:
September 6, 2022
DEPARTMENT/DIVISION: Administration/
Finance, Tammy Wilson
ITEM DESCRIPTION: Resolution certifying the proposed 2023 property tax
levy, accepting the proposed 2023 budget, setting the
date for public hearing, and consenting and approving the HRA tax levy
ITEM NO.: XIV.B.1.
Requested Action
Move to adopt the resolution that:
• Certifies the proposed 2023 property tax levy to be $44,909,284; and
• Sets December 6, 2022, as the meeting which will include discussion of the budget and
provide for public comment; and
• Accepts the proposed 2023 budget of $57,395,407; and
• Consents and approves the HRA tax levy of $205,000.
Synopsis Minnesota Law and administration rules prescribe a detailed process for public notification and
participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy and certify that amount to the county auditor on or before September 30, 2022. In addition, the City Council must accept a proposed budget for the coming year. The City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and tax levy will be discussed and public testimony taken. The Council must adopt a final tax levy and budget by December 28.
Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This
resolution gives the consent needed for the HRA. Attachments
Resolution
Tax Levy Exhibit 2023 Proposed Budget Report
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-__ A RESOLUTION ADOPTING THE CITY’S PROPOSED 2023 PROPERTY TAX LEVIES, ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS AND
TAX-SUPPORTED OBLIGATIONS FOR 2023, AND CONSENTING AND APPROVING THE 2023 HRA LEVY
WHEREAS, the City Council of the City of Eden Prairie has reviewed the City Manager’s
recommended 2023 budget and tax levies; and
WHEREAS, the City Council has decided to accept these recommendations at this time. NOW, THEREFORE, BE IT RESOLVED that the City Council:
1. Establishes the following proposed taxes on real and personal property within the City of Eden Prairie for the 2023 budget.
Taxes to be Levied Against Tax Capacity
General Fund 41,956,284$
Capital Improvements 400,000
Bonds and Interest
2021A Tax Abatement Bonds -
2020A Refunding SouthWest Fire Station Bonds 280,000
Tax Capacity Levy for Certification 42,636,284
Less Fiscal Disparities Distribution 2,477,021
Net Tax Collectible 40,159,263
Taxes to be Levied Against Market Value
2020A Refunding Park Bonds 905,000
Market Value Tax Levy for Certification 905,000
Tax Abatement 1,368,000
Total Net Tax Collectible 42,432,263$
Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required (as shown in Exhibit 2).
The proposed total Levy may not be exceeded when the City Council sets the final tax levy for 2023.
2. Accepts the 2023 proposed levy of $44,909,284 and proposed budget totaling $57,395,407 at this time. 3. Consents and approves the 2023 HRA tax levy of $205,000.
ADOPTED by the City Council on September 6, 2022. ______________________
Ronald A. Case, Mayor
ATTEST:
_____________________________
Katie O’Connor, Deputy City Clerk
CITY OF EDEN PRAIRIE
NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIESLEVIED YEAR 2022, COLLECTED YEAR 2023EXHIBIT 2
Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of
other repayment sources.
Date of Amount of Required Levy Actual LevyOUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2022/2023 2022/2023
G.O. Tax Abatement Bonds 2014A 07/15/14 $17,155,000 $0 $0
G.O. Refunding Bonds 2020A (Market Value)10/28/20 $4,408,000 $952,030 $905,000
G.O. Refunding Bonds 2020A (Tax Capacity)10/28/20 $1,673,000 $359,652 $280,000G.O. Tax Abatement Bonds 2021A 12/08/21 $11,940,000 $1,252,965 $1,368,000
GRAND TOTAL $2,564,647 $2,553,000
CITY OF EDEN PRAIRIE
2023 Proposed Budget
September 6, 2022
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Table of Contents
Table of Contents ................................................................................................................................ 1
Budget Overview ................................................................................................................................. 2
City Survey ............................................................................................................................................ 4
Tax Base ................................................................................................................................................ 6
Tax Levy and Budget ........................................................................................................................... 6
Debt Levy .............................................................................................................................................. 7
Capital Levy ......................................................................................................................................... 8
General Fund Revenue Budget ......................................................................................................... 9
General Fund Expenditure Budget .................................................................................................. 12
Housing and Redevelopment Authority (HRA) .............................................................................. 17
Conclusion .......................................................................................................................................... 17
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Budget Overview The 2023 proposed budget provides the resources to achieve the City’s goals for Eden Prairie citizens. These goals are part of the Eden Prairie Promise to the community to fulfill the mission and vision of Eden Prairie and continue making Eden Prairie a great place to live, work and dream. The City Council’s 2022/2023 budget objectives include the following: Achieve City Goals
• Community Well-being & Safety
• High Quality Efficient Services
• Preserved & Beautiful Environment
• Sense of Community
• Innovative & Sustainable Practices
• Economic Vitality Provide Value to Citizens
• Maintain High Quality City Services
• Reasonable Tax Impacts Maintain Employee Morale and Engagement
• Implement efficiencies and innovations that motivate employees to continually improve the organization and providing salary changes that are consistent with public and private sector trends Maintain Strong Financial Position
• Maintain Bond Rating
o Approve a Balanced Budget
o Maintain Fund Balance Policies
o Conservative Estimates of Revenues and Expenditures
o Review fees and charges annually, at a minimum adjust for inflation
o Capital Planning The City Council is emphasizing the following areas to achieve City Goals for this budget cycle:
o City-wide Climate Action Plan
o Affordable Housing
Pursue some of the options presented by the Housing Task Force
o Race and Equity Initiative including suggestions from the Human Rights and Diversity Commission
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o Police
In 2022, hire Social Services Outreach Coordinator focusing on mental health, chemical dependency, domestic violence and social work services to the community. Add additional dispatcher so two employees are always on duty.
Additional IT expense for new purchases including body cameras, electronic citations, software for managing alarm calls and software for pro-active patrolling.
In 2023, hire additional Police Officer.
o Fire
In 2022, hire additional Assistant Fire Chief to improve services with the City emergency management system and to increase coordination and delivery for health and safety for the fire department. Add four additional duty crew staff.
In 2023, transition part-time Admin Assistant to full-time position.
o Parks and Recreation
In 2022 add a second Forester position due to the increased maintenance for our conservation and forest areas and to limit the spread of the new and existing invasive species.
o Public Works
Increased resources for Yard Waste Drop-off Site programs
o Administration
2022 Elections
Health Insurance Enhancement These goals and the related costs are interwoven in various sections of the budget. Many times the costs are almost entirely staff time, and do not require significant financial investment. Some of the costs are capital costs and included in the City’s Capital Improvement Plan, which is separate from the general fund budget. The budget process started in March with a review of City Council goals and will end in December with final approval and adoption of the budget. The process to date and future planned activities include the following: Internal Budget Process
• 2020 – Complete City-Wide work plans
• March/April - Internal service fund budgets prepared by managers
• April 15 - Budget kick-off meeting
• May/June – Department meeting held on 2020 financial results
• May 21 - Staff budget preparation work due
• June - Departmental budget meetings held
• City Manager, Directors, and Finance prepare for City Council Workshop
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Council Process 2021
• February 16 – City Council Discussion on Priorities
• April 6 – City Council Workshop on the Community Survey
• May 4 – City Council Workshop
o Council accepts 2020 financial results
• July 13 - City Council Workshop 2022-2023 Budget
• September 7 - Council adopts a preliminary tax levy and budget
• November 16 – City Council Workshop on Enterprise Funds
• December 7 - Public Meeting and Council adopts final tax levy and budget 2022
• May 3 - City Council Workshop
o Council accepts 2021 financial results
• July 12 – City Council Workshop 2023 Budget
• September 6 – Council adopts a preliminary tax levy and budget
• December 6 - Public Meeting and Council adopts final tax levy and budget
City Survey The 2020 Quality of Life Survey provided residents the opportunity to rate the quality of life in the City of Eden Prairie, as well as the quality of service delivery and overall workings of local government. The survey also permitted residents to provide feedback to government on what is working well and what is not, and to share their priorities for community planning and resource allocation. The City uses the biannual citizen survey as one input tool for the budget. Key Findings Eden Prairie is a desirable place to live and raise a family.
• Eden Prairie residents continue to boast a high quality of life, with 93% awarding excellent or good marks in 2020, which eclipsed averages seen across the nation, Minnesota and Central Region municipalities with populations over 15,000. Residents’ high ratings for safety services contribute to their quality of life, though they have some concerns regarding traffic speeding and vandalism and property crime.
• Residents commended safety services, such as fire, Hennepin County EMS, police and crime prevention, with each assigned excellent or good marks by 9 in 10 or more. Eden Prairie participants’ reviews for police and crime prevention outperformed all other municipality comparisons.
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Community parks, recreation and natural environment continue to be a highlight.
• More than 9 in 10 residents revealed admiration for the overall natural environment and opportunities for education and enrichment, maintaining standards set in previous years and outshining national, Minnesota and North Central communities with populations over 15,000. Residents praise their City services.
• In 2020, about 9 in 10 residents assigned high scores to the overall quality of services provided by the City of Eden Prairie, on par with 2018. This measure eclipsed national, North Central and Minnesota comparisons. Eden Prairie’s economy shines, but affordability could be an issue in the future.
• Ninety-two percent of survey participants provided excellent or good assessments to the overall economic health of Eden Prairie, which surpassed ratings in communities elsewhere in the U.S., Minnesota and communities in the North Central Region with populations over 15,000. The survey provides valuable input and demonstrates evidence of overall satisfaction with City services. The survey provided feedback on some concerns regarding affordable housing. The City Council goals include initiatives on affordable housing.
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Tax Base The ability to levy and collect taxes is based on property market values, tax capacities, and the City tax rates. Below is a history of the City’s market value of all residential and commercial property.
The current estimated market value for taxes payable in 2023 is a market value increase to $13.5 billion, which is a 15% increase over 2022. The real estate market has seen significant increases nationwide. Home prices have increased by the following approximate percentages: Nationally-20%, Statewide-15%, Twin Cities Suburbs-18%.
Below summarizes the City’s tax impact for residential, apartment, and commercial properties based on current information from the County.
2019 2020 2021 2022 2023
Market Value $10.6 Billion $11.1 Billion $11.4 Billion $11.7 Billion $13.5 Billion
Adjusted Net Tax Capacity $112,559,846 $116,554,959 $120,595,985 $122,841,504 $143,467,877
City Tax Rate 31.52% 31.51% 31.43% 32.32% 28.95%
Percent
Property Type 2021/2022 2022/2023 Difference Change
Residential ($513,200)1,424$ 1,530$ 106$ 7.4%
Apartment ($5M)19,720$ 18,428$ (1,292)$ (6.6%)
Commercial ($2M)7,650$ 6,904$ (746)$ (9.8%)
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Tax Levy and Budget Below summarizes the proposed total tax levy and budget. Tax Levy
Budget
Debt Levy For 2023, debt payments supported by the tax levy are projected to remain 4% to 5% of the general fund budget. The City has a policy of maintaining a percentage of 5% to 15% of the general fund budget as we consider this to be a moderate debt burden. Moody’s Investors Service has assigned a rating of Aaa to the City of Eden Prairie’s (MN) bond for every debt issue since 2003, the highest rating from Moody’s. Standard & Poor’s has also assigned a rating of AAA to the City of Eden Prairie’s bonds outstanding, their higher rating as well. This ensures the City receives the most competitive interest rates. The City’s bond ratings reflect Eden Prairie’s substantial and growing tax base, low debt burden, healthy operating reserves and strong financial management. For 2023 the debt levy is $2,553,000. This has been the debt levy amount since 2017. The City currently has two bonds that are supported by the debt levy. These include the 2021 refunded Aquatics expansion at the Community Center and the 2020 refunded bonds for
2022 2023 Percent
Fund Adopted Proposed Difference Change
General Fund 40,149,554$ 41,956,284$ 1,806,730$ 4.5%
Capital I mprovement Fund 400,000 400,000 - 0.0%
Debt Levy 2,553,000 2,553,000 - 0.0%
Sub-total 43,102,554 44,909,284 1,806,730 4.2%
Less Fiscal Disparity Distribution (2,494,942) (2,477,021) 17,921 (0.7%)
Total Levy 40,607,612$ 42,432,263$ 1,824,651$ 4.5%
2022 2023 Percent
Fund Adopted Proposed Difference Change
General Fund $52,664,390 $54,442,407 $1,778,017 3.4%
Debt 2,553,000 2,553,000 - 0.0%
Capital Levy 400,000 400,000 - 0.0%
Total City Budget $55,617,390 $57,395,407 $1,778,017 3.2%
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the SouthWest Fire Station and for Park Improvements including the community center, park, and trails. Below summarizes the detail of the 2023 debt levy.
Capital Levy The City prepares a ten-year capital improvement plan and updates the plan every other year. The Capital Improvement and Maintenance fund (CIMF) pays for capital projects that do not have another funding source, for example, playground replacement, repair and expansion of trails, parks–parking lot maintenance, public safety radio replacement, etc. The CIMF is funded through liquor operations profit, rental income, antenna revenue, a tax levy, miscellaneous revenue, and one-time funds the City receives. For example, when the general fund has positive operating results, amounts not needed to meet the fund balance policy have been transferred to the CIMF. The capital levy is the same amount as 2022 and is $400,000 annually.
2022 2023 Percent
Debt Levy Adopted Proposed Difference Change
Debt Levy on Tax Capacity
2014 Tax Abatement 1,368,000$ -$ (1,368,000)$ 0.0%
2021 Tax Abatement - 1,368,000 1,368,000 0.0%
2020A Refunding Bonds (SouthWest Fire Station)280,000 280,000 - 0.0%
Sub-total 1,648,000 1,648,000 - 0.0%
Debt Levy on M arket Value
2020A Refunding Bonds (Parks Referendum)905,000 905,000 - 0.0%
Sub-total 905,000 905,000 - 0.0%
Total 2,553,000$ 2,553,000$ -$ 0.0%
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General Fund Revenue Budget Below summarizes the 2023 proposed General Fund Revenue Budget.
Property tax revenue is the single largest source of revenue and the City strives to balance increases in property taxes with the demand for City services. Property taxes account for 77% of the General Fund budget. The tax levy in the proposed budget is increasing 4.5% for 2023. Charges for services is the second largest revenue source and accounts for 10% of the General Fund Budget. Charges for services are increasing $356,583 or 6.8% in 2023. The increase is due to expected improved performance at the community center. Licenses and permits revenue is the third largest revenue source to the General Fund and accounts for 8% of the General Fund revenues. Licenses and permits remain relatively flat for 2023. Significant items to note include the following:
• Building permit and fees revenue was held flat for 2023 as we budget a higher increase every other year. The below history shows acutal amounts to 2021 and then budgeted amounts to 2023.
2022 2023 Percent
Adopted Proposed Difference Change
Taxes 39,371,562$ 41,142,158$ 1,770,596$ 4.5%
Licenses and Permits 4,041,700 4,068,700 27,000 0.7%
Intergovernmental Revenue 5,121,301 1,401,300 (3,720,001) (72.6%)
Charges for Services 5,214,704 5,571,287 356,583 6.8%
Other Revenue 1,138,824 1,158,962 20,138 1.8%
Total 54,888,091$ 53,342,407$ (1,545,684)$ (2.8%)
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• Cable TV is remaining flat for 2023. As you can see from the graph below, the budget for cable revenue has remained stable since 2018.
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Intergovernmental revenue (IGR) sources includes Federal and State grants, State aid, and other local grants. For 2023, IGR is $1,401,300 which is a decrease of $3,720,001. The increases in 2020-2022 can be attributed to the receipt of $4.8M in CARES ACT federal funding in 2020 and $3.7M in American Recovery Plan funds in 2021 and 2022. Below is a history of Intergovernmental Revenue.
Other revenues that the General Fund receives consists of fines and penalties, contributions, interest income, reimbursements and transfers–in. These revenues make up 2% of General Fund Revenues.
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General Fund Expenditure Budget
Revenues Less Expenses for 2023 are ($1,100,000). The City anticipates using American Recovery Plan funding to offset the revenue shortfalls. Expenditures are proposed to increase 3.4% in 2023. The following graph shows budget changes by category:
Since the City provides significant services to the community, wages and benefits make up 63% percent of the general fund budget. The most significant categories include wages, pension and taxes, health insurance, part-time wages, and workers compensation insurance. Other significant costs include amounts to maintain facilities, fleet services, information technology, and electricity. These items make up another 23% of the budget.
2022 2023 Percent
Adopted Proposed Difference Change
Administration 5,032,648$ 5,009,025$ (23,623)$ (0.5%)
Community Development 2,647,422 2,726,689 79,267 3.0%
Parks and Recreation 14,083,502 14,492,106 408,604 2.9%
Police 17,388,375 18,233,620 845,245 4.9%
Fire 6,803,152 7,058,601 255,449 3.8%
Public Works 6,709,291 6,922,366 213,075 3.2%
Total 52,664,390$ 54,442,407$ 1,778,017$ 3.4%
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All other items make up 14% of the budget. The chart below illustrates the budget by category.
Below provides information on the significant items in the budget. Full-Time Wages With a staff of 236 full-time employees, in the general fund, the City provides its residents and businesses with a full range of municipal services consisting of police and fire protection, street maintenance, recreation programs, park maintenance, community and economic development, and building inspections. Wages are proposed to increase 4.7% in 2023. This includes the additional staffing of a police officer and a Fire Admin Assistant position moving from part-time to full-time, a 3% base increase, step increases and performance pay. Through staff turnover, the City usually sees budget reduction as new staff are many times hired at a lower rate. However, new employees earn step increases and performance pay until they reach the target rate for their position, which then adds additional increases to the budget. The City prepares the budget for wages by looking at trends within the private sector labor market and our local government peer group. Based on the compensation trends we are seeing, we may need to make adjustments to the full-time wage amount but feel that this can be accomplished with the budget reductions from staff turnover and from reductions in other areas of the budget. We must continue to provide similar increases as the private sector and our public sector peer cities to remain competitive.
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Wages – Part time Wages part-time are decreasing $124,393 or 4.1% in 2023. The decrease pertains to the Fire Admin Assistant position moving to full-time wages and the reduction in the Election budget as it is a non-election year. Volunteer Wages/Duty Crew Volunteer wages for 2023 are $980,000 which is an increase of $23,974 or 2.5%. Fire Relief Pension Plan Firefighters of the City of Eden Prairie are members of the Eden Prairie Firefighter Relief Association. The Association is the administrator of the single-employer defined benefit pension plan available to firefighters. The plan is administered pursuant to Minnesota Statutes Chapter 69, Chapter 424A, and the Association’s by-laws. As of December 31, 2021, membership includes 94 active participants, 104 retirees and beneficiaries currently receiving benefits, and 18 terminated employees entitled to benefit but not yet receiving them. Minnesota Statues specifies minimum support rates required on an annual basis by the City. The Association completes an actuarial study every two years which documents the required contribution from the City. An updated actuarial was completed for the 2023 budget. The City receives Fire Relief Pension Aid from the State of approximately $494,000, which offsets the City’s required contribution. PERA/FICA The City pays public employees retirement (PERA) benefits for all eligible employees. Generally all full time employees and part-time employees, who earn more than $5,100 ($3,800 for 9/10 month school year) annually, are PERA eligible. The City currently contributes 7.50% of salary for PERA except for the police and fire employees where the percent is 17.7% for 2023. The City also pays 7.65% of salary for FICA except for police and fire where the percentage is 1.45%. The City has budgeted $4,040,770 for PERA/FICA in 2023. Health Insurance The City periodically conducts a Request for Proposal (RFP) process to procure insurance. The City released a RFP for coverage effective January 1, 2023 which was necessary to meet state law requiring that the City issue a RFP every 5 years. The City is in the process of finalizing a contract with HealthPartners for a 3 year period of 2023-2025.
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For 2023, Health insurance is budgeted to increase $254,360 or 10%. With the contract currently being finalized, the City should see a decrease in premiums for 2023. The decrease in premiums will help offset the adjustments to full-time wages noted above. Workers Compensation The workers compensation user charge is changing from $671,364 in 2022 to $781,843 in 2023 which is a 17% increase. Most cities are seeing increased costs due to the current public safety enviroment. Our current experince modifiation is .75 and has ranged from .55 to 1.06 since 2014. When the EMR is lower, our workers compensation costs are less due to positive claims experience. The average EMR, or the point at which the City is said to be no more or no less risky than another, is 1.0. If our EMR dips below 1.0, we are considered safer than most, which translates to lower premiums. Also, workers compensation rates for each employee category can change (increase and decrease) every year.
Facilities User Charges The Facilities Division is responsible for building related operations, preventative maintenance, remodeling, and long-term maintenance programs of the facilities owned by the City. The buildings include the City Center, Community Center, Outdoor Center, Art Center, Maintenance Facility, four Fire Stations, park shelters, and historical buildings. Facilities charges back to the internal users for these services.
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Facility user charges are increasing from $5,478,670 in 2022 to $5,627,990 in 2023, which is an increase of $149,320, or 3%. Energy costs are increasing significantly and we will continue to monitor in 2022 to determine if an adjustment to this line item is needed. IT User Charges The Information Technology Division is responsible for providing strategic technology direction and managing and implementing IT governance processes in support of City leadership. IT develops and implements IT operational policies and standards, manages contracts for IT services with various service providers, and coordinates major citywide activities including:
• General PC/Phone Systems Support;
• Network Wellness (Network Hardware/Servers/Enterprise Applications);
• Application Analysis, Implementation and Support and;
• Technology Analysis, Recommendation and Implementation. The Information Technolgy Divison manages approximately 75 different software applications and 443 devices (computers, laptops, iPads). IT charges back to the internal users for these services. For the General Fund, IT user charges are increasing from $2,814,370 in 2022 to $2,878,189 in 2023 a 2% increase.
Fleet Services User Charges Fleet services provides and maintains a safe, high quality, reliable and efficient fleet of vehicles and equipment. They manage approximately 300 vehicles and large pieces of equipment. The fleet includes police and fire vehicles, snowplows, dump trucks, pickup trucks and autos. Fleet Services is also continuing sustainability efforts this budget cycle to implement additional plug-in electric vehicles and improve building electrical infrastructure to support more electric vehicle charging stations. Fleet Services charges back to the internal users for these services. Fleet services user charges for the general fund are increasing 2% in 2023 to $2,674,372. The Fleet Services budget is able to hold fairly constant through this budget cycle primarily due to the regular maintenance of the fleet, and the City’s continued efforts to conserve fuel and improve vehicle and equipment fuel economy.
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Housing and Redevelopment Authority (HRA) In 1980, the City of Eden Prairie established a Housing and Redevelopment Authority for the City. The HRA may spend resources for the following:
• to provide a sufficient supply of adequate, safe, and sanitary dwellings in order to protect the health, safety, morals, and welfare of the citizens of this state;
• to clear and redevelop blighted areas;
• to perform those duties according to comprehensive plans;
• to remedy the shortage of housing for low and moderate income residents, and to redevelop blighted areas, in situations in which private enterprise would not act without government participation or subsidies. Housing and Redevelopment Authorities can levy a tax of up to .01850 percent of taxable market value. The levy limit for the City of Eden Prairie HRA is approximately $2.2M. In 2006, the Council approved the HRA levy for the first time. The HRA levy pays for wages and benefits related to the support of housing in the City. It includes staff time from Housing and Community Services, Community Development, Planning, and Administratin of Rental Housing Licensing. Wages and benefits total $210,000 for 2023. Other City resources for housing on an annual basis include:
• Tax Increment Financing, $2,100,000
• Community Development Block Grant, $300,000 to $400,000
• General Fund – Housing Inspections, 155,000
Conclusion This document is intended to provide information on the proposed 2023 City of Eden Prairie budget. If you have any questions about the budget contact a member of the finance team or the individual operating areas.