HomeMy WebLinkAboutCity Council - 10/03/2023
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, OCTOBER 03, 2023 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Aschenbeck
Workshop - Heritage Rooms I and II (5:30) I. NATURALLY OCCURING AFFORDABLE HOUSING (NOAH) MULTIFAMILY
ACTION PLAN AND TENANT PROTECTIONS – JONATHAN STANLEY, COMMUNITY SERVICES MANAGER
Open Podium - Council Chamber (6:30) II. OPEN PODIUM
III. ADJOURNMENT
NOAH Multifamily Action
Plan & Tenant Protections
Presented to the Eden Prairie City Council
Council Workshop
10.03.23
Intro to the Problem
Naturally Occurring Affordable Housing (NOAH) defined – privately-owned, unsubsidized multifamily housing that by virtue of its age, physical condition, and lack of amenities can’t command rents on par with more recent multifamily developments
Valuable but at-risk affordable resource being lost at the local and national levels
In Twin Cities metro, where there are estimated to be around 120,000 such units, approximately 1,300 units are lost annually
When lost puts pressure on existing tenants to remain in what often become ‘upgraded’ or ‘rebranded’ buildings with higher rents, or are subject to tenant re-screenings, evictions without cause, or are economically displaced
Two bedroom / family units much more likely to be lost than studios and one bedrooms
NOAH in higher rent communities more likely to lose affordability
Eden Prairie has had at least 7 multifamily properties change hands since 2015
Benefits of Preserving NOAH
Avoid tenant displacement or extreme cost burdens
Most environmentally friendly way to do affordable housing
Much cheaper (though still expensive & complex) to preserve existing housing than building new
Keeping new debt on property as low as possible helps keep rents low and avoiding subsidies means compliance can be kept light
Acquiring properties in opportunity areas maintains high quality of life
Gets properties into hands of mission-oriented, high-performing for- or non-profit owner/operators
Best Practice Strategies
Plan for ‘light touch’ approach (versus heavy subsidy or status quo)
Identify potential inventory
Communicate with owners & gauge interest in selling to a preservation group
Make owners aware the city is willing to contribute financially & technically
Leverage inspections staff about building condition & management issues
Provide local investment in form of direct equity
Ensure local funds are at the ready to be deployed quickly (NOAH / AHTF)
Thorough & accurate needs assessment must be commissioned
Keep compliance touch-points relevant but minimal
Major Players in NOAH Preservation
•Greater Minnesota Housing Fund – non-profit that created the first
equity fund in region for NOAH preservation; now nearing its 2nd
$25M fundraise of investment capital
•AEON, a non-profit developer, has partnered with GMHF and used
its own financing power to help purchase and provide capital
planning at several properties
•Minnesota Housing Finance Agency just granted $150M in
appropriations for the preservation of NOAH as part of historic $1B
housing investment package from state legislature
Interviews with Leaders in the Field
City staff knows existing housing stock better than potential buyer pool so use that to advantage
Have low-cost capital at the ready as transactions can occur in less than 90 days
Know that process requires engaged property and asset management
Large scale improvements prohibitive; modest upfront and ongoing repairs plus upgraded curb appeal is the ‘sweet spot’
Have well thought out and realistic expectations on things like level of finish
Lower quality NOAH isn’t likely to be threatened by investors because bringing up to market standards would be too expensive
Strive to identify and acquire buildings in high opportunity areas
Criteria Proposed for EP NOAH Efforts
Built in 1990 or earlier
Class as estimated by City Assessor of ‘B’ or ‘C’
Minimum of 50-unit Buildings
At least 60% of units are affordable to households at or below 80% of AMI
Maximum estimated market value of $140,000 / unit or less
Example NOAH Opportunities
Shadow Green Apartments (182 units) – 14247 Valley View Road
Tanager Creek Townhomes (185 units) – 6502 Kingfisher Lane
Burning Tree West Apartments (64 units) – 14017 Chestnut Drive
Edenvale Apartments* (174 units) – 13700 Valley View Road
Granite Place Apartments* (84 units) – 11011/11013 Anderson Lakes Parkway
Preserve Place Apartments* (77 units) – 11100 Anderson Lakes Parkway
Atwood Apartments (159 units) – 14030 Chestnut Drive
Sterling Ponds (112 units) – 16315 Wagner Way
*these properties have slightly higher values per unit but meet all other criteria
Examples of Potential NOAH Properties
Clockwise from upper left: Shadow Green, Sterling Ponds, Tanager Creek
Recommendations Summary
Approve report & advise staff to contact property owners
Submit legislative request for flexibility to move Pooled TIF into the Affordable Housing Trust Fund
Apply for part of the $4.8M for state match for AHTFs when state rolls out legislatively appropriated match program
Direct staff to explore 4d tax relief as potential tool to supplement NOAH efforts
Pass a Tenant Protection Ordinance to protect current residents of NOAH buildings that have unexpected ownership turnover
Tenant Protection Ordinance
Important ‘backstop’ when NOAH can’t be saved
Protects tenants when their building is purchased, typically for 90 day period
Notice must be given to city and to tenants within 30 days of application for
rental license
Protects tenants from rental increases, re-screenings under different eligibility
criteria, or eviction without cause
Requires relocation assistance of three months’ rent for individual violations
Non-compliance can be cause for suspension or revocation of rental license
Have been enacted in cities such as Brooklyn Center, Bloomington, Golden
Valley, St. Louis Park, and Richfield
Questions & Comments
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, OCTOBER 03, 2023 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. ALEXANDRA ALLEN AND NICO ALLEN, NATIONAL AWARD RECIPIENTS OF UNSUNG HERO PROJECT
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 19, 2023
B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 19, 2023
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. ADOPT RESOLUTION ENDORSING FUNDING APPLICATION FOR DELL ROAD IMPROVEMENTS
C. AWARD CONSTRUCTION CONTRACT TO MINGER CONSTRUCTION CO, INC. FOR RECONDITIONING SANITARY SEWER LIFT STATIONS
NO. 1, 13, AND 15
D. APPROVE PURCHASE OF TWO LIFT STATION CONTROL PANELS
FROM SJE, INC.
E. AUTHORIZE PURCHASE OF SHADE STRUCTURES FOR RILEY LAKE
CITY COUNCIL AGENDA October 03, 2023
Page 2
COURTS FROM ST. CROIX RECREATION
IX. PUBLIC HEARINGS / MEETINGS
A. ADOPT RESOLUTION VACATING PART OF L1, B1, MENARD 8TH ADDITION DRAINAGE AND UTILITY (D&U) EASEMENTS
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, SEPTEMBER 19, 2023 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Aschenbeck
Workshop - Heritage Rooms I and II (5:30 p.m.) I. RACE EQUITY INITIATIVE IMPLEMENTATION UPDATE (5:30 – 6:10 p.m.)
Klima stated the Race Equity Initiative Implementation was previously discussed in September 2022
when the Race Equity Action Team (REAT) was formed. Megan Yerks, Community Services
Coordinator, explained REAT is made up of 20 staff members from the six City departments. REAT
is dedicated to facilitating progress and promoting diversity, equity, and inclusion (DEI) in the City
and the greater community through accountability, collaboration, and engagement.
Yerks explained REAT meets monthly to track metrics of success for implementation goals, report
progress on goals to stakeholders, and provide opportunities for professional development. REAT
developed a Race Equity Initiative Implementation progress dashboard, which provides centralized
information on race equity efforts to the public. Klima added the dashboard summarizes the Race
Equity Initiative and allows users to access specific efforts for the six areas of inquiry: community
experience, connection to community, developing future leaders, emergency response, facilities and
programs, and recruiting, hiring, and retention.
Klima noted the Equity and Inclusion survey was conducted during summer 2023. Survey questions
were similar to the 2020 Equity and Inclusion survey to measure progress. 565 participants
completed the survey and racial demographics of respondents mirror community demographics.
REAT examines both summary and disaggregated data. When asked to rate the Eden Prairie
community on making all residents feel welcome 81 percent responded good or excellent, a six
percent increase from the 2020 survey. When asked to rate the Eden Prairie community on valuing
residents from diverse backgrounds 74 percent responded good or excellent, a nine percent increase
from the 2020 survey. When asked to rate the Eden Prairie community on demonstrating respect for
residents of different cultures and belief systems 77 percent responded good or excellent, a seven
percent increase from the 2020 survey. Staff continue to review survey results as they have recently
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become available. REAT will explore the survey results in depth at a future meeting and consider the
feedback and implication of their work.
Klima explained Black, Asian, and White participants answered all questions more favorably than
the 2020 survey, while Hispanic/Latino participants remained static or decreased in favorability.
Case asked what percentage of survey participants are Hispanic. Klima responded four percent. Case
noted he was interested to learn why Hispanic/Latino participants decreased in favorability, while all
other demographics increased. Klima noted REAT would learn more as it continues to explore
survey results in depth. Case asked if the percentage of survey responses by demographic matches
the distribution of community demographics. Klima responded they do.
Narayanan noted the City would have a difficult time achieving a 90 percent good or excellent
survey result due to human nature, so percentage of improvement between surveys is a more
valuable metric. Klima responded the City will continue to build on this survey and implement
feedback into REAT workplans. Toomey inquired if survey participants have space to leave open
ended comments. Klima responded yes. Narayanan inquired how the survey was distributed to
participants. Getschow stated the survey was administered online by Polco and advertised on social
media platforms. It is possible the respondents of the 2023 survey were completely different than the
respondents in 2020. Yerks added the survey was promoted at PeopleFest and pop-up splash pad
events. Case asked if survey participants are anonymous, and if participants could respond more than
once. Yerks stated respondents are anonymous. Lorenz added survey responses are tracked by IP
address, each IP address can respond once.
Yerks showcased another tool REAT is developing, an internal GIS Census Data Dashboard. This
tool is an interactive dashboard for Staff to explore demographic data throughout the City. It
provides block level data about residents and households to inform staff about areas of diversity and
other characteristics within the community. This tool will help Staff design community-based
programming. The demographic groups are limited to those defined by the United States Census.
Yerks explained REAT is focusing on professional development opportunities for Staff. Human
resources presented a DEI training focused on vocabulary and foundational knowledge. Information
on demographic and cultural communities within the City has been distributed to Staff. Guest
presenters have shared information about their specific cultural communities including Mohamed
Duale, Housing and Community Services Technician, and members of the Asian Indian community.
Narayanan asked if public facing Staff receive professional development opportunities. Yerks
confirmed both public and non-public facing Staff receive professional development opportunities.
Yerks noted the City has a Limited English Proficiency (LEP) Policy, which seeks to reduce barriers
to City programs and services for people who have a limited English proficiency. Some examples
include Police’s current use of translation app Propio One, the communication team’s efforts to offer
the Equity and Inclusion survey in Spanish and Somali, and Public Works translating vital
documents and training Staff on interpretation services available. Narayanan asked if surrounding
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schools offer classes in English proficiency. Yerks responded schools such as Metro South offer
adult based education for new English speakers.
Yerks detailed REAT’s community engagement efforts including Coffee with a Cop, PeopleFest,
Fire department visits to community locations, career fairs, the Prairie Bluff Seed Harvest, Human
Rights Awards, and Community Cricket Night. Case thanked Yerks and REAT for their work in
advancing DEI within the community. Narayanan noted the City should track demographics of Staff
as it is important for Staff demographics to include diverse voices and reflect the community.
II. PICKLEBALL UPDATE (6:10 – 6:30 p.m.)
Lotthammer summarized the history of pickleball courts in the City beginning with two courts
installed at Pioneer Park in 2009, through the present day’s 22 courts. There are four hardcourts in
the City dually used for pickleball and tennis, which are not preferred as players have come to expect
dedicated courts. The eight pickleball courts installed at Staring Lake Park in 2018 have become one
of the best known pickleball facilities in the region and attract out of state players. Courts at Pioneer
Park are currently undergoing a full reconstruction. A top layer was recently installed to combat
settling and cracking, resulting in mixed reactions from high level players who stated the layer was
detrimental to bounce height.
Narayanan inquired how the City’s pickleball amenities compare to neighboring cities. Lotthammer
confirmed the City is the leader in number of courts. Pickleball culture includes large groups visiting
the courts together and rotating in different players. Courts are most busy in the morning and
evening. The Staring Lake Park pickleball courts can accommodate 32 players at once, in the busiest
hours as many as 60 players rotate in. These courts have a paddle saddle, which players insert their
pickleball paddle into as a placeholder reserving their spot in line. Narayanan asked if the City tracks
how many players are from Eden Prairie versus surrounding communities. Lotthammer noted the
City does not specifically ask, but estimated 70 percent of players live in the City.
Lotthammer stated it is common for players to arrive alone knowing they’ll get rotated into a group
of four. One half of the Staring Lake Park courts are reserved for high level players, and the second
half are for beginner or immediate players. The Staring Lake Park courts attract many highly ranked
players, who are looking to play with those of similar rank. Pickleball culture also includes an
unfortunate level of bullying, intimidation, and high ranked players not wanting to play with lower
ranked players. Some players avoid the Staring Lake Park courts due to its perceived culture and will
seek out other courts within the City.
Lotthammer detailed the specifics of Miller Park current conditions and planning efforts. Miller Park
currently has two tennis courts and one basketball court. There is a good footprint and ample
parking. It is an ideal location for additional pickleball courts while maintaining its tennis court
presence. The City has considered both outdoor and indoor facilities. An outdoor facility may not be
ideal as its peak season would be summer when Miller Park is the busiest, and pickleball courts
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attract many players who rotate into the limited number of courts. A concept plan for an indoor
facility at Miller Park includes six pickleball and two tennis courts. An indoor facility would be ideal
for winter use. Toomey inquired if pickleball may decrease in popularity after a few years.
Lotthammer responded he believes pickleball is here to stay. Getschow added the number of
pickleball courts in the region are slowly catching up with demand as more cities install courts.
Lotthammer noted an outdoor court at Miller Park would cost an estimated $2 million and would
closely resemble the Staring Lake Park facilities with fewer pickleball courts. Case inquired if the
Miller Park design could include more pickleball courts in lieu of including two tennis courts.
Lotthammer noted he would be cautious in removing tennis courts as the City has more tennis
players than pickleball players.
Lotthammer stated an indoor court has piqued the interest of the pickleball community. Though it is
a higher upfront cost in the form of issuing bonds, it is less expensive in the long run as the City
could charge admission fees. Case asked if cash park fees would cover the annual bond payment.
Lotthammer responded cash park fees would likely cover the annual bond payment of $580
thousand. Minnetonka has an indoor four court tennis facility, which generates $700 thousand of
cash park fees annually. Toomey inquired if any surrounding communities have indoor pickleball
courts. Lotthammer noted most indoor pickleball courts are privately owned. Lifetime is expecting
to install 700 indoor pickleball facilities nationwide in the next year. Case asked what private
companies are charging for court time. Lotthammer responded private companies usually charge $40
per hour for a pickleball court and slightly less per tennis court. This would generally be higher than
what a municipality would charge.
Narayanan asked if local businesses could purchase naming rights to an indoor pickleball facility.
Lotthammer noted naming rights could be a part of an indoor facility. Case stated he initially favored
an outdoor facility before learning an indoor facility could pay for itself. The council asked
Lotthammer to return later as more information was needed to decide on an indoor or outdoor
facility.
Open Podium - Council Chamber (6:30 p.m.) III. OPEN PODIUM
a. JOHN MALLO, SENIOR CENTER BUS SAFETY
John Mallo, 14000 Forest Hill Road, stated he has concerns about Senior Center bus drivers
consuming alcohol during lunch and then returning to the Senior Center to operate a bus. The
City policy states employees are prohibited from using alcohol while operating a City vehicle.
Mallo questioned if employees are aware of the City policy prohibiting the use of alcohol while
operating a City vehicle. Case thanked Mallo for his time.
IV. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 19, 2023 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Jay Lotthammer, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER
Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM CHARLOTTE BRUENING FAMILY FOR SENIOR CENTER GARDEN AREA (Resolution No. 2023-89)
Lotthammer explained this item is to accept a donation for the continued maintenance of the Senior Center garden area.
MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution No. 2023-89 accepting the donation of $465 from the family of Charlotte Bruening towards the maintenance of the Senior Center garden area. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added an item to Councilmember Reports regarding carjacking and recent policing events. MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 5, 2023
CITY COUNCIL MINUTES September 19, 2023
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B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 5, 2023
MOTION: Narayanan moved, seconded by Toomey, to approve the minutes of
the Council workshop held Tuesday, September 5, 2023, and the City Council meeting held Tuesday, September 5, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR A. CLERK’S LIST
B. ADOPT RESOLUTION NO. 2023-90 DECLARING COSTS, ORDERING
PREPARATION OF 2023 SPECIAL ASSESSMENT ROLL, AND SET HEARING DATE
C. APPROVE SUSTAINABLE BUILDING STANDARD FOR INCLUSION IN THE CITY OF EDEN PRAIRIE POLICIES AND PROCEDURES
D. APPROVE PERPETUAL RIGHT-OF-WAY EASEMENT AGREEMENT AT 15800 VALLEY VIEW ROAD
E. APPROVE DEED AND LETTER REGARDING ACCESS FOR 7170 BRYANT LAKE DRIVE
F. APPROVE CONTRACT FOR CONSTRUCTION MANAGER SERVICES
WITH KRAUS-ANDERSON FOR POLICE DEPARTMENT PROJECT
G. APPROVE QUOTE AND AUTHORIZE PURCHASE AND
IMPLEMENTATION OF HP SERVERS AT COMMUNITY CENTER DATA CENTER (DISASTER RECOVERY SITE) FROM XIGENT SOLUTIONS, LLC
H. APPROVE QUOTE AND AUTHORIZE PURCHASE AND IMPLEMENTATION OF STORAGE AREA NETWORK FROM XIGENT SOLUTIONS, LLC
I. APPROVE AMENDMENT TO ANIMAL IMPOUND SERVICES AGREEMENT WITH CITY OF BLOOMINGTON
J. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR FINAL DESIGN FOR HOMEWARD HILLS SANITARY SEWER REPLACEMENT PROJECT
MOTION: Nelson moved, seconded by Friberg, to approve Items A-J on the Consent Calendar. Motion carried 5-0.
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IX. PUBLIC HEARINGS / MEETINGS
A. THREE OAKS ESTATES by Nathan Haasken. First Reading of Ordinance for
Zoning District Change from Rural to R1-9.5 and Parks Open Space on 5.06 acres, Resolution for Preliminary Plat for 5 lots and one outlot on 5.06 acres, and Resolution for Finding of Fact in support of Park Dedication fees. (Ordinance for Zoning District Change from Rural to R1-9.5 and Parks and Open Space,
Resolution No. 2023-91 for Preliminary Plat, Resolution No. 2023-92 for Findings of Fact in Support of Park Dedication Fees)
Getschow explained the applicant is requesting approval to develop 9614 Crestwood Terrace into five single-family lots and one outlot. The parcel is located south of Pioneer Trail and is currently vacant. The property is bordered by single-
family development on the north, east, and west sides and parks and open space on
the south side. With a gross density of approximately 1 unit per acre, the project is consistent with the Low-Density Residential guiding. The applicant is requesting to rezone the property from Rural to R1-9.5. Additionally, the City, which will take ownership of the outlot, is requesting the parcel be rezoned from
Nathan Haskin introduced himself as the applicant and offered to answer any
questions. There were no comments from the audience.
MOTION: Toomey moved, seconded by Narayanan to close the public hearing. Motion carried 5-0. Freiberg asked what the plans are for the large trees. Mr. Haskin stated the trees must be removed due to the grade. The arrangement of the trees currently sets
them up to starve one another out. 45 to 50 trees will be placed on the site after
construction. However, any heritage trees will be preserved. Narayanan asked if the building will include electric vehicle chargers. Mr. Haskin stated the individual lots are available for sale for individual homes. Therefore, it
is up to the builder to make those determinations.
Case asked if the infiltration pond will make up for other water that isn’t being treated. Public Works Director Robert Ellis stated the infiltration will only treat stormwater from within the property.
MOTION: Toomey moved, seconded by Narayanan, to approve the first reading of the ordinance for a Zoning District Change from Rural to R1-9.5 and Parks and Open Space on 5.06 acres, to adopt Resolution for a Preliminary Plat to divide one lot into five lots and one outlot on 5.06 acres, to adopt a Resolution for the
Findings of Fact in Support of Park Dedication Fees, and to direct Staff to prepare
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a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 5-0.
B. KINSLEY TOWNHOMES by Pulte Homes. Resolution for Planned Unit Development Concept Review on 6.13 acres, First Reading of an Ordinance for Planned Unit Development with waivers and a Zoning District Change from Rural
to RM-6.5 on 6.13 acres, Resolution for Preliminary Plat of two parcels into 43 lots, one outlot and Right of Way on 6.13 acres, Resolution for Findings of Fact in support of Park Dedication Fees. (Resolution No. 2023-93 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change from Rural to RM-6.5, Resolution No. 2023-94 for Preliminary Plat and Resolution 2023-95 for Findings of Fact in support of Park Dedication Fees)
Getschow explained the applicant is requesting a Planned Unit Development Concept Review on 6.13 acres, a Zoning District Change from Rural to RM-6.5 on 6.13 acres, and Preliminary Plat of two parcels into 43 lots, one outlot and Right of Way on 6.13 acres. Surrounding uses include other residences. The
proposal includes a requested extension of a road for improved access. The units are arranged in groups of four, five, or six. Dean Lotter, 1650 W 82nd Street in Bloomington, introduced himself as a representative of Pulte Group. The proposed housing consists of two-story
townhomes on the corner of Pioneer and Dell. Site plan meets the Comprehensive Plan guidance for unit count. There are 42 proposed townhomes, and screening would be maintained between the building and the current homes. Mr. Lotter stated a wetland delineation was preformed, and there is a tree
preservation plan. Also, no endangered species are impacted. There are sizable buffers from the existing homes to the east. In the event the connection to Valley Road is made, there will be fencing added for the purpose of screening. Mr. Lotter showed images of the proposed exteriors and interiors. He noted the
housing types are needed in Eden Prairie and focus on thoughtful neighborhood design. If approved, development would begin in Spring 2024. Case asked if the fencing could still be built whether or not the road was connected. Mr. Lotter agreed they hope to screen as much as possible. Without
the road connection, they would likely opt for landscaping screening instead of a fence. Community Development Director Julie Klima reiterated the development is
proposed to have 42 townhome units. The proposed zoning is RM-6.5, which
allows density of 6.7 units per acre. The proposed density is 6.8 units per acre. Klima noted the Comprehensive Plan identified 19 infill sites. Eight have active development applications or approved development projects, and two have
CITY COUNCIL MINUTES September 19, 2023
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engaged in preliminary development discussions. The proposed development is on one of the identified infill sites.
Klima stated the area is guided for medium density residential (MDR) with
density range of five to 14 units per acre. Eden Prairie has two zoning districts that align with density range, one of which is the proposed zoning of RM-6.5. Klima pointed out from 1994 to 2004, 32 townhome projects had been approved
in the City. Since 2007, only one townhouse project has been approved.
Klima added the City has open space requirements, and the plan depicts sufficient open space.
Ellis stated Valley Road is currently proposed to be a connecting street to the
neighborhood. The other nearby roads are Pioneer Trail which is minor arterial, Dell Road is a major collector, and Valley Road is a local road. The current and past Comprehensive Plans list Valley Road as an anticipated connection. The Heritage Subdivision also noted Valley Road extension in development
documents.
Ellis stated Staff reviewed potential neighborhood traffic. The connection would offset traffic. The morning peak would be 17 vehicles per hour and 21 vehicles per hour in the evening. Nearby neighborhood traffic is similar. He showed a
chart with proposed densities and the impact on peak traffic. The proposed
project is similar traffic impact to them building single family homes. Ellis noted the peak delay in the morning at Cedar Forrest and Pioneer would decrease while the other road connections would remain the same. All of the
evening peaks would be improved. Overall, traffic volumes are typical of
residential streets. Ellis added there are a number of alternatives. First, they could dedicate all right-of-way and build Valley Road with sidewalk as proposed. Next, they could
dedicate all right-of-way and build Valley Road up to a private street with
potential to expand the road as Carver County is developed. The third option would dedicate all right-of-way and build only a private street. Lastly, the City could not dedicate any right-of-way and build only a private street.
Narayanan asked if the potential fencing could still be built with the Valley Road
alternatives. Ellis confirmed the fencing works for any of the options. Narayanan asked if there could be a walkway added to connect a private drive and Valley Road with the option to develop the sidewalk into road down the line.
Case agreed that could be an option.
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Narayanan asked if the traffic levels are similar to other neighborhoods. Ellis stated the potential volumes are not worrisome to Staff and are comparable to other neighborhoods.
Case stated there was an eventful Council meeting in 2021 with several speakers. He wants to hear from everyone without staying all through the night. 15 people have signed up to speak, some of which have entire planned presentations. All of the emails have been read by Council. The Council also watched the Planning
Commission meeting on the topic.
Don Patterson, 17244 Valley Road, thanked the Council for their consideration and began a PowerPoint presentation. His presence, along with the presence of his neighbors, at the Planning Commission meeting made the news. They don’t
oppose townhomes on the whole. Instead, they oppose the density of the
proposed development and the potential road connection. Mr. Patterson explained the existing neighborhood has been that way over 20 years, and it is very quiet. The proposed development is much more congested
than the rest of the area. The density and need to open Valley Road shows the
vast increase in traffic. Also, there is lack of transition or buffer to the adjacent homes and neighborhoods. Mr. Patterson noted there was a lack of community development leading up to the
proposal process. Residents asked for a reduction in total units, better transition
to adjacent homes and neighborhoods, and to not connect Valley Road through to Dell. Mr. Patterson showed an image of Pulte development in Chanhassen. It is an
island community onto itself, isolated from single family homes by Waters Edge
Road. It is usually used as an “urban edge.” He showed images of the West Park development and the rear elevation. There is much more green area in West Park than proposed for Kinsley. There is also a concern for parking because the only parking availability would be driveways.
Mr. Patterson stated the proposed project crowds the single-family homes to the east mid-corner. The Planning Commission of 20 years ago was purposeful with the density East of Dell. Other issues include a straight-line block style positioning of homes, clearing of existing green space and heritage trees, and re-
grading exasperates elevation compared to existing homes.
Mr. Patterson stated the heritage neighborhoods have matured over 20 years without the road. It can’t be a collector road due to previous City-approved development of cross streets and cul-de-sacs. The proposed road provides no
better EMS service since three of the four Fire Stations are to the East. The only
one to the West is only staffed part-time.
CITY COUNCIL MINUTES September 19, 2023
Page 7
Mr. Patterson added the road does not increase safety as data supplied by the City shows there are as many and more accidents at the controlled intersection at Dell-Pioneer than on Pioneer itself. Also, the proposed road creates a dangerous
shortcut through quiet neighborhoods, intersecting with a bus stop and using roads
without sidewalks. Even the developer has acknowledged the proposed road would aggravate current residents. Mr. Patterson pointed out two petitions regarding the road have been sent to the Council by folks living in the neighborhood.
Mr. Patterson stated between homes, private road, Valley Road connection, and elevation all these features noticeably overwhelm the site and encroach on the townhomes to the south and the single-family homes to the East. The “urban edge” is not appropriate for a suburban neighborhood. The combined density of
the adjacent heritage homes is around 3.4, but the proposed development is twice
that at 6.85 users per acre. Mr. Patterson noted the most egregious encroachment can be seen at the northern-most single-family homes. The opening of Valley Road will disrupt the quite
nature of the existing neighborhoods to the east and south. Heritage trees and
vegetation will not be replaced because only 136 of 542 caliper inches will be replaced. He suggested existing homes get some of the cash from the fines to plant more trees for a better barrier and transition.
Mr. Patterson pointed out the Commission didn’t come to a clear outcome but
rather punted it to the Council. They admitted not wanting to oppose Staff and countless concerns about removing or retaining the road. Case stated the presentation was well-done, but they need to move onto other
commenters.
Mr. Patterson stated the residents are asking to send the proposal back to the Planning Commission with additional guidance to reduce the overall unit density to be more consistent with the original expectation of this parcel and in keeping
with adjacent properties, to remove the extension of Valley Road from this
development permanently, and to fix the most egregious encroachments. Mr. Patterson explained the second objective in the Comprehensive Plan is to prioritize infill residential development through outreach to surrounding single-
family residential neighborhoods and through development incentives such as
alternative parking, tax incentives, as appropriate. The Council has a responsibility to meet the needs of residents, the developer, and the City as a whole.
Heidi Larson, 17540 Hackberry Court, thanked the Council for their service to
Eden Prairie and began a PowerPoint presentation. She explained she is not opposed to developing the site, but she is opposed to the current proposal as it
CITY COUNCIL MINUTES September 19, 2023
Page 8
doesn’t fit the neighborhood well. Ms. Larson showed an aerial image of Canterbury Crossing in Shakopee. It was
built across from Canterbury Downs and is surrounded on three sides by
racetrack, commercial uses, industrial uses, apartments, and remnant farms. There are no abutting single-family homes, and there were no trees on the site. Ms. Larson showed an aerial image of Windrose in Maple Grove. It is located at
the busy intersection of Hwy 101 and Bass Lake Road. It is adjacent to light
industrial and outdoor storage business. There are no abutting single-family homes, and there were no trees on the site. Ms. Larson showed an aerial image of West Park in Chanhassen. It is located
adjacent to very busy Great Plains Boulevard and Hwy 212 interchange. Single-
family homes are separated from the development by Waters Edge Drive. No woods or significant trees were impacted. Ms. Larson showed an aerial image of Aster Mill in Rogers. This development is
part of a larger development with various home types. It is adjacent to a busy
four-lane road and abuts a senior housing facility and a subsidized apartment complex. There are some higher density townhomes to the north. No woods or trees were on the site as it was formerly a farm, and there is significant commercial and industrial development to the east.
Ms. Larson showed an aerial image of Pemberly in Brooklyn Park. The development is adjacent to the 610 freeway and a large apartment complex. There are single-family homes to the south, but it is separated by a major four-lane road. There were no woods in the area.
Ms. Larson showed the aerial image of the proposed Eden Prairie site. Significant trees will be removed and not replaced. There are a number of townhomes to the south that only allows for a 34 feet buffer from the proposed Valley Road. Also, there is only a buffer of 90 to 140 feet from the backs of the single-family homes
to the east.
Ms. Larson stated the standards set by and enforced by the City have allowed Eden Prairie to become the beautiful community it is. Allowing for so many variances is somewhat insulting. The proposed project is not correct for the site.
William Gooding, 17406 Ada Court, introduced himself as President of the Heritage Townhome Association. He explained the townhomes have had an issue with stormwater drainage. The new development could add to the problem.
Ellis stated there is currently no stormwater management on the lot in question.
The developer will have to manage the stormwater through infiltration. Case stated the new infiltration will only help the townhomes, but the City should look
CITY COUNCIL MINUTES September 19, 2023
Page 9
into the drainage issues the Heritage Townhome Association. Ted Melby, 11881 Germaine Terrace, was hesitant to provide his address. He
requested the City’s arborist calculate the financial impact of the deforestation.
The Planning Commission voted 4-3 to support the idea. The Noble Hill development has cost $600,000 to counteract the deforestation. The same is true for other similar developments, but the costs are in the millions.
Wolfgang Greiner, 17356 Hanson Court, explained his bedroom is about 40 feet
off of Valley Road. No fence would possibly block out light impacts from the proposed changes. On Dell, the homes were built with the road in mind. The noise impacts their kitchen rather than their bedrooms. He thanked the Council for their consideration. He requested lower density, increased buffering, and no
extension of Valley Road.
Becca Frederick, 9326 Preston Place, noted her kids bike in the area regularly. The Valley Road extension sacrifices one safety for another. Also, she doesn’t want to lose the safety, trees, and privacy of her backyard, nothing she is one of
the three homes most seriously impacted by the lack of buffer. The traffic impacts
haven’t considered bust stops and kids playing. Her kids deserve the same experiences as what the older kids have had. Ellis stated the same concerns were brought up when her development was
introduced.
Marv Cofers, 9433 Libby Lane, pointed out Pulte is reputable, but their goal is financial success. It is the responsibility of the Council to promote the quality of life. The neighborhood values the aesthetic value of the heritage trees. The
existing residences have good spacing and availability for street parking. The
proposed development is too dense. The concerns about deforestation, traffic, additional road development can be mitigated by decreasing the density. Mr. Cofers thanked Parks and Recreation Director Jay Lotthammer for his service to the City.
Case reiterated his request for commenters to come forward if they have new points to share. Derek Svoren, 9344 Preston Place, noted his concern about the road extension is
adding new folks into the traffic mix rather than just neighborhood traffic.
Mark Skolski, 17409 Ada Court, noted the developer stated the new units will appeal to young families. Assuming just half of the units went to young families, then there could be 40 or more children added to a small area due to the high
density. There is not adequate green space for that number of children.
Mr. Skolski added the Planning Commission admitted to supporting the
CITY COUNCIL MINUTES September 19, 2023
Page 10
development due to expert input over the input of the existing residents. The road expert didn’t consider pedestrians and bikers in his calculations. He added the homes off of Dell are shaded by an expanse of spruce trees, which is much more
impactful than a fence.
Nancy Loffer, 9290 Preston Place, stated there are less than 12 guest parking spots for 42 units. Also, townhomes have limited storage, so the garages are likely to be used for storage rather than cars. As it stands, people park on both sides of Valley
Road, which is unsafe for two-way traffic and emergency vehicle access. The
new development would only add to parking issues. MOTION: Toomey moved, seconded by Narayanan, to close the public hearing. Motion carried 5-0.
Case thanked the commenters for their respectfulness and thoughtfulness. Toomey asked the developer why the density can’t be lowered. Mr. Lotter stated the initial plan was for 43 units, but it was lowered to 42 units. Their goal is
balancing interests of finances and corporate approval. The project is financially
feasible due to the density. The developer has to consider the cost of roads, offsetting costs of units reserved for lower-income residents, the cost for park dedication fees, and the cost to create green space.
Toomey asked if Valley Road was not connected through, could there be a
sidewalk or biking trail. She asked who would maintain it. Ellis stated the sidewalks would be the responsibility of the homeowner’s association (HOA). Any bike trail would have to be negotiated with the association. However, there isn’t a clear location to end the bike trail.
Toomey asked if a fence would be placed if there is a road. Mr. Lotter stated they are willing to add a fence or alternative screening through landscaping, depending on the amount of screening requested by the City. Toomey requested the fence be high-quality. Mr. Lotter agreed he would like the fence to be a quality investment
that would be maintained by the HOA.
Toomey stated she is not a fan of the road, particularly because of the input received from current residents. No road would allow for additional buffering to the south, and five heritage trees would be saved. The emergency response times
would remain the same, which seems to be acceptable to the current residents.
Toomey noted the density of the project is reasonable without the road being added. The townhomes to the south are 4.3 units per acre with the outlot. Across Dell, the density is 8.2 units per acre. The proposed development is 6.8 units per
acre, and it is a reasonable progression of density without the road.
Narayanan asked how many units are affordable. Mr. Lotter stated 5 of the 42
CITY COUNCIL MINUTES September 19, 2023
Page 11
units are affordable, which is in accordance with Eden Prairie code. Case asked what the affordability level is for the affordable units. Mr. Lotter
stated the affordable units are for 115 percent area median income (AMI), which
is in accordance with Eden Prairie code. Narayanan asked if electric vehicle charging is included in the units. Mr. Lotter stated there is an opportunity for electric vehicle charging, and there is a nominal
fee for a homeowner to take the next step for electric vehicle charging at the
outset. Narayanan noted there are only 12 guest spots for 42 units. He asked if that is appropriate for the area. Mr. Lotter stated the 12 guest spots complies with Eden
Prairie code. The private roads don’t allow for parking.
Narayanan asked how many trees are being cut down. Project Engineer Mark Roush, 733 Marquette Avenue in Minneapolis, stated 60 significant trees would be removed. There are a lot of emerald ash trees and cottonwood trees being
removed. As many trees as possible are being saved. Around five of the
inventoried trees could be saved if the road isn’t connected to Valley Road. Most of the trees being removed are in the northeast corner in a ravine. The grading isn’t possible to save the trees there. The trees on the east side can be saved.
Narayanan asked what the lowest buffer between the development and the
existing homes. Mr. Lotter stated the shortest distance is 90 feet. Narayanan asked if anything could be done to increase the 90 feet to 140 feet. Mr. Lotter stated there couldn’t be a change. Narayanan asked if the unit could be removed. Mr. Lotter stated removing a unit would threaten the project due to financial
feasibility.
Narayanan pointed out the current residents don’t support the road connection. However, it would be in the best interest of the City to maintain the right-of-way in case a road is needed later on. Mr. Lotter noted his agreement.
Ellis stated the third alternative for the road he suggested is in line with that suggestion. Narayanan suggested the money the developer would have given for the road be put in escrow for future road, if needed.
Narayanan noted his agreement with Toomey regarding density. His primary
concern is the 90-foot distance between one of the units and an existing home. Mr. Lotter stated home that has the 90-foot distance was built rather deep in the lot, due to a decision made about 20 years ago. There would still be trees and other natural buffers maintained at the 90-foot mark.
Narayanan asked if the project could be shifted to increase the 90-foot distance due to the extra space allowed without building the road. Case stated the City
CITY COUNCIL MINUTES September 19, 2023
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cannot reserve the right-of-way and also shift the units to take of the space of a potential road.
Nelson asked if the trees providing buffer to the homes to the east are existing
trees are added trees. Mr. Lotter stated the trees is a mix of old and new trees. The differences are color coded on the landscaping plan. Klima stated there would be 7 existing trees and 5 trees added behind the home
with the shortest buffer. The rest of the homes to the east will be buffered with
more new trees than old trees. Mr. Roush noted there are also smaller trees and shrubbery in the area. The planted trees will be primarily coniferous and starting at eight feet.
Nelson asked if the proposed units would have basements. Mr. Lotter stated the
homes are slabbed. Nelson stated most of the center units will only have windows to the back, particularly on the main floor. She asked how big the windows will be to allow
more natural light in. Mr. Lotter stated the model homes are brightly lit with large
windows, but he can’t cite the exact size of the windows. Nelson asked if there would be a fence on the east. Mr. Lotter stated there is already a lot of greenery buffer to the east. The fence would be tricky on the east
due to the grade of the land and stormwater drainage.
Nelson stated she prefers alternative two or three for Valley Road. Freiberg explained he is against the roadway connection and agreed alternatives
two or three are the best options for Valley Road. He noted he walked the
property multiple times. The homes on Preston Place are $750,000 to $1,000,000. There needs to be a lot of buffering, especially due to the height of the townhomes.
Freiberg added the continuity in the area is low, especially due to the height of the
townhomes. There are a lot of waivers requested, all of which are needed to make the density and finances feasible. Freiberg asked if the third option for Valley Road creates an issue for emergency
vehicles. Ellis stated there aren’t any anticipated issues for emergency vehicles
with alternative three. Freiberg noted his support for alternative three. Case noted a roadway connection would add parking opportunities. Ellis stated it would be possible to have parking on one side of the road and could allow for five
or six additional spots.
Case stated the Council values affordable units and sustainability. The project
CITY COUNCIL MINUTES September 19, 2023
Page 13
density is required to make the project financially feasible. The Council also considers the City’s tax base and its impact on property taxes.
Case pointed out the Council also values the democratic process and hearing the
input of the residents. If the City just looked in best interest of transportation, they would build Valley Road. However, the Council prefers to listen to the residents. All of the Councilmembers seem to agree the City should retain the right-of-way and to hold off on building a road.
Case stated he would like some of the money from the project to go toward planting trees elsewhere. In accordance with code, the majority of the trees on the project site will be maintained.
Freiberg stated he is not in favor of the setbacks, though he does support no road
at this time. Getschow asked if the setbacks refer to lot size. Freiberg confirmed that was correct. The lot size goes from 3,000 to 2,000. Getschow stated most single-
family homes are around 3,000 while many townhomes have lot sizes of 1,800 to
2,000 with outlots for designated green space. Therefore, the Staff is on board with the deduction in lot size for the proposed project. Nelson stated there has to be sidewalks in lieu of Valley Road being connected.
Case stated sidewalks are already part of the plan.
Narayanan asked what the height of the units will be. Case stated the townhomes across Dell are also two stories with some additional roofing. Narayanan stated residents shared concerns about bedroom lights impacting other homes. Case
stated residents only mentioned concerns about car lights into bedrooms.
Mr. Lotter stated the backs of existing homes would look at the sides of the townhomes. Staff requested for the ends to look more developed, so the developer added higher quality material and additional windows for the benefit of
views from existing homes.
Someone in the audience noted the elevation from the townhomes is higher than the single-family homes. Case stated the treeline and the fencing will work together to mitigate privacy issues between the two housing types.
MOTION: Toomey moved, seconded by Nelson to adopt a Resolution for a PUD Concept Plan Review on 6.13 acres, approve the first reading of the ordinance for PUD District Review with waivers and a Zoning District Change from Rural to RM-6.5 on 6.13 acres, adopt a Resolution for Preliminary Plat to divide two
parcels into 43 lots and one outlot on 6.13 acres, adopt a Resolution for Findings
of Fact in support of Park Dedication Fees, and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations
CITY COUNCIL MINUTES September 19, 2023
Page 14
and Council conditions. Case pointed out nothing is approved until the second reading, which will be in a
couple of meetings. At the second reading, the conditions will be included in the
development agreement. Getschow asked what the preferred alternative is for Valley Road. Nelson stated she would like to make the road to City standards without fully connecting to
Valley Road. There was no objection from the rest of the Council.
Narayanan stated he would like the developer to set aside money for future building of the road. Case stated the City doesn’t know if it will ever build the road, and it is the choice of the City to not build the road currently.
Narayanan stated the decision is saving the developer money, so he suggested Staff negotiate additional amenities due to the excess funds. Getschow stated the excess funds would go to landscaping, better fencing, and other buffering efforts.
VOTE ON THE MOTION: Motion carried 4-1 (Freiberg).
X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Nelson, to approve the payment of claims
as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS 1. Carjacking and Crime Statistics – Mayor Case
Case stated crime statistics are actually lower, but crime still happens.
Minnetonka had a carjacking for the first time. Multiple Mayors from the area are meeting together to determine how to address carjackings and other crimes. B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
CITY COUNCIL MINUTES September 19, 2023
Page 15
D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS XVI. ADJOURNMENT
MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 10:27 p.m.
Respectfully submitted,
___________________________ Sara Aschenbeck, Administrative Support Specialist
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 3, 2023
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
Gambling/Bingo Organization: Eden Prairie Chamber of Commerce Place: Fat Pants Brewing Co 8335 Crystal View Road
Date: November 9, 2023
Temporary Liquor Organization: The Preserve Association
Event: Fall Wine Tasting
Date: November 3, 2023 Place: Preserve Community Center Barn 11221 Anderson Lakes Parkway
On-Sale and Sunday Liquor License – Optional 2AM Closing Permit Renewal Licensee Name: Leiserv, LLC DBA: Bowlero Eden Prairie 12200 Singletree Lane
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 3, 2023
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: #17-5990
Adopt Resolution Endorsing Funding Application for the Dell Road Improvements
ITEM NO.:
VIII.B.
Requested Action
Move to: Adopt Resolution Endorsing Funding Application for the Dell Road Improvements Synopsis The Local Road Improvement Program (LRIP) is a funding program for capital construction costs. The Dell Road project is a strong candidate for this funding under the Routes of Regional Significance Account, which is one of three types of accounts with a specific intent for the type
of local road projects that can be considered for the program. The resolution provides the City’s endorsement of the application and its commitment to fund the project if selected. Background Information
The MnDOT State Aid for Local Transportation Office administers the LRIP with guidance from the LRIP Advisory Committee. Project grants are approved by the Committee to provide funding assistance to local agencies for construction, reconstruction or reconditioning projects. A maximum of $1,500,000 may be requested for a project and leveraged with other funding
sources. LRIP funding does not require any local match and grants are paid on a reimbursable basis (Local agency finances 100% of project cost up front and submits for reimbursement as costs are incurred). Based on the project requirement components including; operations and safety, regionally significance, functionally classification of a major collector, part of an economic development plan and connection to a county road, this project is a good candidate for
funding approval. If this project is successful in receiving a grant award it will be used to help fund the Dell Road Improvements. These improvements have been studied and expected for years due to the deficient characteristics of the corridor, the ongoing city maintenance required on the gravel road
section and the expectation of development adjacent and around this corridor.
Financial Implications
The total project cost of the Dell Road Improvements is currently estimated at $9.1 million. Securing the LRIP funding would be a significant step in reducing the burden on the City’s current funding sources as well as delivering this project. In addition to the potential LRIP
funding it is anticipated that the City will need to contribute Municipal State Aid (MSA) funding
in excess of 60% of the project costs. The MSA and LRIP funding sources along with City utility funds will provide a majority of the project funding. Additional project funding sources will include special assessments. City staff is continuing to work with all potential project partners to secure the funding necessary to successfully deliver this project. A preliminary
summary of the potential project funding is as follows:
• LRIP Grant - $1.5 Million
• MSA - $5.1 Million
• City Utilities - $1.2 Million
• Special Assessments - $1.2 Million Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____ ENDORSING THE DELL ROAD IMPROVEMENTS FUNDING APPLICATION
I.C. 17-5990 WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and
WHEREAS, the Local Road Improvement Program (LRIP) has made funding available to
communities for construction projects that improve operations and safety and are regionally significant; and WHEREAS, Dell Road is a major collector that connects CSAH 61 (Flying Cloud Drive) to
CSAH 1 (Pioneer Trail); and
WHEREAS, the Local Road Improvement Program provides up to $1.5 million in capital assistance for improvement projects; and
WHEREAS, the City of Eden Prairie agrees to fund the costs of engineering, right of way
acquisition, construction inspection and other non-LRIP eligible costs as well as LRIP-eligible items in excess of the LRIP grant amount.. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council does hereby
support actively pursuing Local Road Improvement Program funds; and
BE IT FURTHER RESOLVED that if awarded funding from the Local Road Improvement Program, the City of Eden Prairie agrees to commit funding to provide for the completion of the project.
ADOPTED by the Eden Prairie City Council on October 3, 2023
____________________________________
Ronald A. Case, Mayor ATTEST: SEAL
______________________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 3, 2023
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION: I.C. #167130
Award Construction Contract to Minger Construction Co, Inc. for Reconditioning Sanitary Sewer Lift Stations No. 1, 13, and 15 in the amount of $872,600.
ITEM NO.
VIII.C.
Requested Action
Move to: Award Base Bid and Alternate Bid 2 for reconditioning of sanitary sewer lift stations No. 1, 13 and 15 to Minger Construction, Inc. in the amount of $872,600. Synopsis
Bids were received from four competent contractors for performing a major reconditioning of four sanitary sewer lift stations. After a thorough review of the contractor’s qualifications and bid documents with the City’s engineering consultant for this project (Sambatek), staff recommends awarding a contract for the base bid plus Bid Alternate No. 2 to the lowest responsible bidder. Background Information Sanitary sewer systems are corrosive environments which have a significant impact on structural, mechanical, and electrical systems in close proximity to the harsh conditions. Eden Prairie
Utilities for many years have proactively planned a major rehabilitation of each lift station on a twenty year cycle to address the wear and tear caused by this environment. Annual preventative maintenance is still important to keep each facility properly functioning, but serious overhaul and replacement operations can be effectively managed on a 20-year cycle. Following the completion of the reconstruction effort, these facilities will effectively be a like-new and ready
for another 20-years of good service. The total available funds for this project combines the CIP authorization for lift station rehabs in 2023 and 2024 and includes $600,000 from the wastewater utility cash reserve. The base bid plus bid alternate no. 2 can be performed within this funding plan. Attachments Form of Contract Bid Tabulation
SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this _3rd_ day of _October_ 20_23_, by and between City of Eden Prairie hereinafter referred to as the "CITY", and _Minger Construction Co._, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. _167130-23 Reconditioning of Sanitary Lift Stations No. 1 (Top View), No. 13 (Riley Creek), and No. 15 (Summerfield)__ CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $ 872,600 . III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond
e. Contractor's Payment Bond (2) Special Conditions
(3) Detail Specifications
(4) General Conditions (5) Plans
(6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Its City Mayor __________________________________ By_______________________________ Its City Manager CONTRACTOR In Presence Of: ____________________________________ __________________________________ By ________________________________
Its _______________________________ __________________________________ __________________________________
Its _______________________________
Bid Results
City of Eden Prairie, Minnesota
2023 Lift Station Improvements
September 19, 2023
Bidding Contractor Addendum 1 Addendum 2 Base Bid Alternate Bid 1 Alternate Bid 2
Minger Construction Y Y 608,000.00$ 210,000.00$ 264,600.00$
Meyer Contracting Y Y 637,886.06$ 207,066.07$ 277,829.71$
Pember Companies Y Y 714,125.00$ 225,995.00$ 339,920.00$
SM Hentges & Sons Y Y 1,017,750.00$ 389,500.00$ 621,500.00$
ENGINEER's Estimate N/A N/A 624,101.00$ 222,626.00$ 281,231.00$
Base Bid LS 1 (Topview) and LS 13 (Riley Creek)
Alt Bid 1 LS 11 (Red Oak)
Alt Bid 2 LS 15 (Summerfield)
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
Oct. 3, 2023
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Purchase of Two Lift Station Control Panels from SJE, Inc.
ITEM NO.:
VIII.D.
Requested Action Move to: Approve the purchase of new control panels for Lift Station No. 11 (Red Oak Lift),
and Lift Station No. 15 (Summerfield Lift) for a combined total of $120,019 from SJE, Inc. Synopsis The City of Eden Prairie Utilities Division solicited quotes from two competent electrical panel
builders for the new controls required in the rehabilitation of Lift Station No. 11 at 8491 Red Oak Drive, and for Lift Station No. 15 at 18352 Cattail Court. The low quote of $60,260 for the panel at Red Oak Dr. and $59,759 for Cattail Court was offered by SJE, Inc. Staff recommends the City purchase the panels from the least-cost supplier. Background Information Each year, Eden Prairie Utilities has planned the major maintenance and upgrade of up to two of our 22 lift stations. Doing this major maintenance work ensures the systems are removed, inspected, replaced, and upgraded as necessary on a consistent basis before they have an
opportunity to completely fail. Annually, we visit each lift station in the summer to completely go through the mechanical functions of the system and perform any needed repairs to the pumps and controls. Lift Stations No. 11 and 15 are on this program of rehabilitation, and the control panels can be purchased directly by the city to speed-up the acquisition timeline rather than including the panels in the contractor’s bid. Supply-chain delivery schedules, especially for
technical digital control equipment, are minimally 6-months out, and the additional process-time of bid-procurement would postpone these projects significantly. All costs for the improvement project will be paid from the wastewater utility enterprise capital fund. Attachment Agreement
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the _3rd_day of_October_, 20_23_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _SJE, Inc._, a Minnesota _corporation_(hereinafter "Contractor") whose business address is_13005 16th Ave N, Suite 100, Plymouth, MN 55441_.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of services by Contractor for _Building and Providing Specified Contol Panels for Lift Stations No. 11 and No. 15_ hereinafter referred to as the "Work".
The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of
Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of _October_ _3_, 20_23_. The Work shall be completed by _July 31, 2024_.
3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and
exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and
employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies.
e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the
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necessary image or attitude, in the judgment of the owner, to present a first class operation.
f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor.
4. City’s Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate.
5. Compensation for Services. City agrees to pay the Contractor [a fixed sum of $_120,019_,
as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment.
a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City.
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under
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similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor shall
put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties.
9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit
$500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense
Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General
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Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden
Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein.
l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements.
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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 Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
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11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work
and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties.
12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party
notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability
resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement
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shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate
this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be
in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation
shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and
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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 Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall
not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all
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subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with
those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language.
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30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE __________________________________
Mayor
___________________________________ City Manager
CONTRACTOR By: ________________________________
Its: _______________________________
2023/2024 Lift Station Rehab Control Panels Eden Prairie, MN Scope of Work for Panel Construction
Lift Station LS11 “Red Oak” – 240V, 1-Phase, Pump Max Amps 6.4 (FLA), Receptacle AR20422-S4-S22 -
Build one control panel per the following specification:
1.Lift Station LS11 “Red Oak” Control Panela.(1) Lift Station LS1 Control Paneli.NEMA 3R Freestanding Stainless Steel Enclosure with Associated Sub Panel
ii.Enclosure Top Mount Sunshieldiii.Enclosure LED Working Lightsiv.UL698A Listed Control Panel
v.Enclosure Fan & Filter Kit with Stainless Steel Rain Hoodsvi.Enclosure Generator Receptacle AR20422-S4-S22vii.100A Main & Emergency Circuit Breakers with Mechanical Interlock
viii.VFD Circuit Breakers (Sized During Design)ix.Schneider Electric VFDx.120VAC Surge Protection Device
xi.24VDC, 90W Power Supplyxii.5-Port Unmanaged Ethernet Switch
xiii.700VA UPSxiv.Ambient Air Temperature Sensor/Transmitterxv.Allen Bradley 1769-L18 Series CompactLogix PLC with Associated I/O
Modulesxvi.Allen Bradley Panel View Plus 7 Standard 7” Operator Interfacexvii.CalAmp Viper SC-400 Radio 406-470MHz
xviii.Antenna Lightning Arrestorxix.Yagi Style Antennaxx.Required Door Mounted Devices
xxi.Required Control Relays and Basesxxii.Required Terminal Blocks and Terminal Block Jumpersxxiii.Required Fuse Holders and Fuses
xxiv.Required Grounding Equipment
2.Instrumentation for Lift Station LS11
a.(1) Submersible Level Transducerb.(2) Float Switches
c.(2) Anchor, Stainless Steel Cable, & Stainless Steel Clips
Exhibit A: Scope of Work Page 1
1.Lift Station LS15 “Summerfield” Control Panela.(1) Lift Station LS15 Control Panel
i.NEMA 3R Freestanding Stainless Steel Enclosure with Associated Sub Panelii.Enclosure Top Mount Sunshieldiii.Enclosure LED Working Lights
iv.UL698A Listed Control Panelv.Enclosure Fan & Filter Kit with Stainless Steel Rain Hoodsvi.Enclosure Generator Receptacle AR20244-S22-M80
vii.100A Main & Emergency Circuit Breakers with Mechanical Interlockviii.VFD Circuit Breakers (Sized During Design)ix.Required Schneider Electric 10HP VFD
x.120VAC Surge Protection Devicexi.24VDC, 90W Power Supplyxii.5-Port Unmanaged Ethernet Switch
xiii.700VA UPSxiv.Ambient Air Temperature Sensor/Transmitterxv.Allen Bradley 1769-L18 Series CompactLogix PLC with Associated I/O
Modulesxvi.Allen Bradley Panel View Plus 7 Standard 7” Operator Interface
xvii.CalAmp Viper SC-400 Radio 406-470MHzxviii.Antenna Lightning Arrestorxix.Yagi Style Antenna
xx.Required Door Mounted Devicesxxi.Required Control Relays and Basesxxii.Required Terminal Blocks and Terminal Block Jumpers
xxiii.Required Fuse Holders and Fusesxxiv.Required Grounding Equipment
2.Instrumentation for Lift Station LS15a.(1) Submersible Level Transducer
b.(2) Float Switchesc.(2) Anchor, Stainless Steel Cable, & Stainless Steel Clips
Lift Station LS15 “Summerfield” – 480V, 3-Phase, 10HP, 26FLA, 100 A Main, Receptacle AR2042-S4-S22 - Build
one control panel per the following specification:
Exhibit A: Scope of Work Page 2
1.General Servicesa.Complete submittals and system drawings.b.Onsite installation of equipment as indicated above and training.
c.Panel fabrication & UL Listing.d.Factory testing of control panels.e.O&M manuals.
f.Standard one-year warranty for all equipment, with extended warranty for items as detailed inindividual product specifications.g.Delivery of equipment to the jobsite (unloading by others).
2.Exclusionsa.Any PLC, OIT, or SCADA programming services.
b.Any antenna junction box, provided by the vault manufacture.c.Any mounting equipment or hardware for the control panels.
d.Any conduits between control panels and field devices.e.Any antenna masts or installation of antenna masts.f.Any installation of coaxial or coaxial connectors.
g.Any demolition of any equipment whatsoever.h.Any concrete work.i.Any fiber optic cable or fiber optic terminations.
j.Any programming of any OEM provided equipment.k.Any generators or generator receptacles.l.Performance, payment, or equipment bonds.
m.Permits of any kind.n.Installation materials such as equipment racks, mounting hardware, brackets, stands, or hangers,unless specifically noted in this proposal.
o.Conduit and wire.
p.Control Wiring external to equipment included in this project.q. Terminations of field wiring in control panels or at the field device.
r. Cable raceways.
s. Demolition of equipment.
t. Equipment pads.
u. Ground resistance testing.v. Electrical studies or third-party testing.
Exhibit A: Scope of Work Page 3
Overall Project General Requirements and Exclusions
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 3, 2023
DEPARTMENT/DIVISION:
Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Award contract for purchase and delivery of two T-Cantilever shade structures to St. Croix Recreation.
ITEM NO.:
VIII.E.
Motion
Move to: Award contract for the purchase and delivery of two T-Cantilever shade structures for Riley Lake Park volleyball, basketball, and tennis courts to St. Croix Recreation in the amount of $21,884.00. Synopsis
Riley Lake volleyball courts are located within one of Eden Prairie’s premier parks and are the highest use volleyball courts in Eden Prairie; as well as one of the highest use facilities in the southwest metro area. Beyond standard maintenance, this facility has not received any significant upgrades since it was built and needs new amenities to supplement the high use of this facility.
These shade structures will supplement new upgrades to be constructed at this facility this fall. The shade structures will serve volleyball, basketball, tennis, and pickleball courts. Background
The scope of this project is to install two shade structures over the concrete plaza area that will be built this fall. Currently, the only source of shade are a few trees located in the peripherals of the area. These new shade structures will provide shade immediately adjacent to the courts and will serve as an area for players to congregate with their teammates. The estimate for these structures uses State Contract pricing that has been further discounted. The state contract number
is #218090. The funding for this rehabilitation project comes from the Park Amenity Upgrade funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: 2023 Riley Lake Sport Court Shade Structures
St. Croix Recreation $21,884.00
Midwest Playscapes $23,837.29
Attachment Form of Contract Exhibit A
2017 06 10
Contract for Goods and Services
This Contract (“Contract”) is made on the 3rd day of October, 2023, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and St. Croix Recreation, a Minnesota Incorporation (hereinafter "Vendor") whose business address is 1826 Tower Drive West, Stillwater, MN 55082.
.
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 purchase and delivery of two (2) T-Cantilever Shade Structures W/Pyramid/Hip Canopy, hereinafter referred to as the "Work".
The City and Vendor agree as follows:
1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit
A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed as soon as delivery can be made.
3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $21,884.00 as
full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated St. Croix Recreation 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.
7. Insurance.
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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.
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.
Standard Purchasing Contract 2017 06 01 Page 3 of 5
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.
22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
Standard Purchasing Contract 2017 06 01 Page 4 of 5
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 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
Standard Purchasing Contract 2017 06 01 Page 5 of 5
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: _______________________________
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
Oct. 3, 2023
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION: Vacation 23-04
Vacation of Drainage and Utility Easements
ITEM NO.:
IX.A.
Requested Action Move to: Close the public hearing; and
Adopt the Resolution vacating Drainage and Utility Easements lying over, under, and across Lot 1, Block 1, Menard 8th Addition. Synopsis
The property owner has requested a vacation of part of the drainage and utility easements as dedicated on Lot 1, Block 1, Menard 8th Addition, Hennepin County, Minnesota to facilitate the building of a new gate structure that will replace the current guard house. The Council approved the project on September 5, 2023.
Background Information The drainage and utility easements were originally dedicated on the plat of Menard 8th Addition. New drainage and utility easements to the northeast of the proposed gate structure will be conveyed to the City by separate document. The release of the resolution vacating the drainage and utility
easements will be conditioned on the recording of the new drainage and utility easement document. Attachments
• Resolution
• Location Map
• Site Plan
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____
VACATION OF PART OF THE DRAINAGE AND UTILTY EASEMENTS LYING OVER, UNDER, AND ACROSS LOT 1, BLOCK 1, MENARD 8TH ADDITION VACATION 23-04
WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows:
A drainage and utility easement across part of Lot 1, Block 1, Menard 8th Addition, according to the recorded
plat thereof, Hennepin County, Minnesota and more particularly described as follows:
Commencing at the most Southerly corner of Lot 1 in Block 1 of Menard 5th Addition; thence South 03 degrees 30 minutes 21 seconds East a distance of 53.87 feet to a Northeasterly line of an existing drainage and utility easement per Menard 8th Addition and being the Point of Beginning; thence South 11 degrees 04 minutes 30 seconds East a distance of 36.87 feet to a Southwesterly line of an existing drainage and utility easement per
Menard 8th Addition; thence North 43 degrees 55 minutes 26 seconds West along said Southwesterly line a
distance of 124.56 feet; thence North 72 degrees 39 minutes 33 seconds East a distance of 22.36 feet to said Northeasterly line; thence South 43 degrees 55 minutes 26 seconds East a distance of 83.58 feet along said Northeasterly line to the Point of Beginning, and there terminating.
WHEREAS, a Public Hearing was held on October 3, 2023, after due notice was given to affected property
owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described drainage and utility easements has no relationship to the comprehensive municipal plan; and
WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
1. Said drainage and utility easements as described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851.
3. This Resolution is contingent upon and shall not be effective until a new drainage and utility easement
document has been conveyed to the City and recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the easement document has been recorded.
ADOPTED by the Eden Prairie City Council on October 3, 2023.
________________________
Ronald A. Case, Mayor ATTEST: _______________________
Nicole Tingley, City Clerk
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DR.PRAIRIECENDR.TERCHNDR.LakeLake IdlewildEden PrairieCenter212212212212212212393939494393939TE OLOGY IVEVIECardinalCreekC. A.WillowParkPurgatoryCreekPark142.141.TOWNPLCENTERG:\Engineering\Drawings\Public Works\Easements\Vacations\2023\VAC 23-04.dwg
DATE: 08/31/2023VACATION LOCATION MAPVAC 23-04SITE
TO BE VACATED
SOUTHERLY CORNER
VACATION 23-04
NOTICE OF VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENTS AS DEDICATED ON LOT 1, BLOCK 1, MENARD 8TH ADDITION, HENNEPIN COUNTY, MINNESOTA
Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on October 3, 2023 at 7:00 p.m. to hear all persons
present upon the proposed vacation of public drainage and utility easements described as follows: Proposed legal description of drainage and utility easement to be vacated: A drainage and utility easement across part of Lot 1, Block 1, Menard 8th Addition, according
to the recorded plat thereof, Hennepin County, Minnesota and more particularly described as follows: Commencing at the most Southerly corner of Lot 1 in Block 1 of Menard 5th Addition; thence South 03 degrees 30 minutes 21 seconds East a distance of 53.87 feet to a Northeasterly line of an existing drainage and utility easement per Menard 8th Addition and being the Point of
Beginning; thence South 11 degrees 04 minutes 30 seconds East a distance of 36.87 feet to a Southwesterly line of an existing drainage and utility easement per Menard 8th Addition; thence North 43 degrees 55 minutes 26 seconds West along said Southwesterly line a distance of 124.56 feet; thence North 72 degrees 39 minutes 33 seconds East a distance of 22.36 feet to said Northeasterly line; thence South 43 degrees 55 minutes 26 seconds East a distance of
83.58 feet along said Northeasterly line to the Point of Beginning, and there terminating. By Order of the City Council Published in the Sun Sailor on September 12, 2023
NOTIFICATION LIST
VACATION REQUEST 23-04
A copy of the Public Hearing Notice has been sent to owners of the following parcels:
1111622310007 1111622320013 1111622320014 1111622320015 1111622320016 1111622320017 1111622330005 1111622330018 1111622330019
1111622330020 1111622340008
A copy of the Public Hearing Notice has been sent to the following Utilities:
CenterPoint Energy
Century Link Communications Comcast Cable Xcel Energy
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
Oct. 03, 2023
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 303441 - 303711
Wire Transfers 1034366 - 1034452 Wire Transfers 9853 - 9880
City of Eden Prairie
Council Check Summary
10/3/2023
Division Amount Division Amount
100 City Manager 27,810 601 Prairie Village Liquor 93,360
101 Legislative 36,692 602 Den Road Liquor 162,061
102 Legal Counsel 5,000 603 Prairie View Liquor 131,747
110 City Clerk 228 605 Den Road Building 1,292
111 Customer Service 3,350 701 Water Enterprise Fund 436,393
114 Benefits & Training 3,727 702 Wastewater Enterprise Fund 11,859
130 Assessing 60 703 Stormwater Enterprise Fund 140,776
131 Finance 149 Total Enterprise Fund 977,489
132 Housing and Community Services 130
136 Public Safety Communications 526 802 494 Commuter Services 53,367
150 Park Administration 8,426 806 SAC Agency Fund 22,365
151 Park Maintenance 29,476 807 Benefits Fund 583,269
154 Community Center 9,535 809 Investment Fund 5,362
156 Youth Programs 38,622 812 Fleet Internal Service 51,361
157 Special Events 900 813 IT Internal Service 97,149
158 Senior Center 2,299 814 Facilities Capital ISF 24,501
162 Arts 570 815 Facilites Operating ISF 68,246
163 Outdoor Center 473 816 Facilites City Center ISF 40,349
164 Park Rental Facilities 52 817 Facilites Comm. Center ISF 29,820
168 Arts Center 214 820 Fencing Consortium 117,782
180 Police Sworn 12,997 Total Internal Svc/Agency Funds 1,093,571
182 Police Civilian 300
184 Fire 23,292 Report Total 5,486,121
201 Street Maintenance 2,615,470
202 Street Lighting 623
Total General Fund 2,820,920
301 CDBG 5,629
303 Cemetary Operation 6,136
Total Special Revenue Fund 11,764
304 Senior Board 200
502 Park Development 286,659
509 CIP Fund 218,438
512 CIP Trails 10,000
513 CIP Pavement Management 5,581
526 Transportation Fund 9,377
528 Shady Oak Rd-CR 61 North 26,617
539 2020 Improvement Projects 18,789
540 Duck Lake Rd. Reconstruction 1,521
541 DELL RD (CRESTWOOD TO CSAH 61)1,583
804 100 Year History 3,611
Total Capital Projects Fund 582,376
City of Eden PrairieCouncil Check Register by GL
10/3/2023
Check #Amount Supplier / Explanation Account Description Business Unit Comments3035142,600,971 BITUMINOUS ROADWAYS INC Asphalt Overlay Street Maintenance 2023 Pavement Rehab Project
9863 297,586 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 09.08.23
303566 283,659 PARKOS CONSTRUCTION COMPANY Equipment Repair & Maint Park Acquisition & Development Round Lake Park Bldg Reconstruction
9861 214,378 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 08.25.23
303702 202,907 VALLEY PAVING INC Improvement Contracts Capital Maint. & Reinvestment Willow Creek Bridge Reconstruction
9856 162,506 MINNESOTA DEPT OF REVENUE Sales Tax Various Funds Sales Tax Aug 2023
303703 155,583 VALLEY RICH CO INC Improvement Contracts Water Capital Water Main rehab/Valve Replacement
303623 117,782 ARX PERIMETERS Building Rental Fencing Consortium Fences/gates/doors Oct-Dec/Jan-Mar
303626 104,716 BKJ LAND COMPANY Improvement Contracts Stormwater Capital Sunnybrook Culvert Replacement
303674 62,735 MOTOROLA SOLUTIONS INC Software Maintenance IT Operating
1034447 58,356 SRF CONSULTING GROUP INC Design & Engineering Stormwater Capital
303542 52,724 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
1034452 50,653 XCEL ENERGY Electric Various Funds
1034410 40,617 XCEL ENERGY Electric Various Funds
303546 36,230 LEAGUE OF MINNESOTA CITIES Dues & Subscriptions City Council
303658 35,187 INDUSTRIAL PAINTING SPECIALISTS Improvement Contracts Water Capital
303643 33,979 EXCEL LAWN & LANDSCAPE Contract Svcs - Lawn Maint.Various Funds
9865 33,765 EMPOWER Deferred Compensation Health and Benefits
303475 32,857 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
303649 32,728 GRAYMONT Treatment Chemicals Water Treatment
303536 26,175 GRAYMONT Treatment Chemicals Water Treatment
303558 22,141 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
303496 20,918 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
303575 19,703 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Non-Capital
303452 19,100 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
303552 18,586 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
9864 18,321 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
303482 16,938 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
303651 16,342 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store
303515 16,272 BOLTON & MENK INC Design & Engineering Willow Creek Road Bridge
303681 16,187 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store
303468 16,146 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
9853 15,894 WEX HSA - Employee Health and Benefits
1034432 15,505 CENTERPOINT ENERGY Gas Various Funds
1034404 14,172 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC City Center - CAM
303684 13,944 REVOLUTIONARY SPORTS, LLC Instructor Service Camps
9859 13,516 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
9858 13,366 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
303584 13,249 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution
9860 13,233 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
303547 12,894 LEGACY GYMNASTICS Instructor Service Recreational Sports
1034437 11,450 HAWKINS INC Treatment Chemicals Water Treatment
303504 11,032 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
303470 10,524 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
303531 10,112 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
303590 10,000 WPT PROPERTIES LP Right of Way & Easement CIP Trails
303586 9,673 VERIZON WIRELESS Other Contracted Services IT Operating
303636 9,555 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF
303660 8,426 ISG Design & Engineering Planning & Development
Check #Amount Supplier / Explanation Account Description Business Unit Comments3035168,300 BOUND TREE MEDICAL LLC Repair & Maint. Supplies Fire
303459 7,652 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
303491 7,280 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
303655 7,238 HINTERLAND CSG LLC Electric Facilities Operating ISF
303652 7,128 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
303707 7,019 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital
303687 6,800 SAFEWARE INC Small Tools Fire
1034446 6,571 SCHWAB VOLLHABER LUBRATT SERVICE CORO Other Contracted Services Facilities Capital
1034421 6,300 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Park Maintenance
303709 6,075 WHEN I WORK INC Software Maintenance IT Operating
303690 6,074 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF
303694 6,055 SSI KEF SLB LLC Electric Water Treatment
1034428 5,968 WSB & ASSOCIATES INC Design & Engineering Various Funds
1034376 5,950 AMERICAN ENGINEERING TESTING INC Improvement Contracts Water Capital
303692 5,790 SSI KEF SLB LLC Electric City Center - CAM
303647 5,499 FLOOR COVERINGS INTL OF DAKOTA COUNTY Other Contracted Services Rehab
303679 5,362 PFM ASSET MANAGEMENT LLC Interest Investment Fund
303527 5,311 CORE & MAIN Repair & Maint. Supplies Water Distribution
303669 5,000 METZGER LAW FIRM LLC Legal Legal Criminal Prosecution
303610 4,988 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
303591 4,959 XYLEM WATER SOLUTIONS USA INC Repair & Maint. Supplies Water Treatment
1034441 4,824 METRO SALES INCORPORATED*Equipment Rentals IT Operating
303469 4,742 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
303686 4,711 SAFETY VEHICLE SOLUTIONS Equipment Repair & Maint Fleet Operating
1034378 4,707 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management
303539 4,468 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission
303490 4,232 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
303540 4,195 HENNEPIN TECHNICAL COLLEGE Training Supplies Police Sworn
303621 4,108 AMERICAN KARATE STUDIO INC Instructor Service Recreational Sports
303543 4,050 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
303697 3,867 STERLING FENCE INC Building Materials Park Maintenance
303569 3,712 POLLARD WATER Repair & Maint. Supplies Wasterwater Collection
1034433 3,700 ESS BROTHERS & SONS INC Asphalt Overlay Street Maintenance
1034401 3,668 HORIZON COMMERCIAL POOL SUPPLY Chemicals Pool Maintenance
303507 3,662 ADVANTAGE PROPERTY MAINTENANCE INC Landscape Materials/Supp Park Maintenance
303472 3,453 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1034434 3,415 GENUINE PARTS COMPANY Repair & Maint. Supplies Ice Arena Maintenance
303668 3,375 MARTIN-MCALLISTER Employment Support Test Organizational Services
303563 3,263 MVP CRICKET LLC Instructor Service Recreational Sports
303606 3,225 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
303444 3,205 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
303534 3,169 FIRE SAFETY USA INC Operating Supplies Fire
303494 3,163 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
303592 3,135 ZOHO CORP Software Maintenance IT Operating
1034407 3,119 STREICHERS Clothing & Uniforms Police Sworn
303667 3,077 MARTIN MARIETTA MATERIALS Asphalt Overlay Water Distribution
303525 3,075 COMMERCIAL RECREATION SPECIALISTS Repair & Maint. Supplies Miller Park
1034429 3,072 ANCHOR PAPER COMPANY Office Supplies Customer Service
303487 3,066 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
303532 3,045 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
303445 3,032 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
303480 3,006 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
303502 3,003 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments3035773,000 STUDIO NO 9 Signs Tree Replacement Fund
303645 2,998 FINNLY TECH INC Other Contracted Services Ice Operations
303449 2,963 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
303589 2,944 WM CORPORATE SERVICES INC Waste Disposal Fire Station #3
303574 2,910 SEBCO INC Other Contracted Services Facilities Capital
303615 2,905 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
303633 2,900 D H EXCAVATING Other Contracted Services Eden Prairie Cemetery
1034430 2,815 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital
303489 2,787 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
303659 2,700 INNOVATIVE GRAPHICS Clothing & Uniforms Skating Rinks/Warming Houses
303597 2,667 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1034451 2,647 WM MUELLER AND SONS INC Gravel Water Distribution
303650 2,586 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
303704 2,535 VAN PAPER COMPANY Cleaning Supplies General Community Center
303484 2,532 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
9854 2,500 WEX HSA - Employer Health and Benefits
303568 2,500 PLAN IT SOFTWARE LLC Software Maintenance IT Operating
303653 2,500 HEARTLAND BUSINESS SYSTEMS LLC Other Contracted Services IT Operating
303544 2,475 INDIGO SIGNWORKS, INC.Supplies - General Bldg Senior Center
303464 2,471 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
303693 2,461 SSI KEF SLB LLC Electric Maintenance Facility
303666 2,428 MACQUEEN EQUIPMENT INC Protective Clothing Fleet Operating
1034386 2,393 OUTDOOR ENVIRONMENTS INC Other Contracted Services Eden Prairie Cemetery
1034400 2,354 GRAINGER Repair & Maint. Supplies City Center - CAM
303688 2,300 SEBCO INC Other Contracted Services Facilities Capital
303446 2,288 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
303701 2,198 THE ADVENT GROUP Temp 494 Corridor Commission
303613 2,100 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
303579 2,029 THE ADVENT GROUP Temp 494 Corridor Commission
303457 2,022 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
303485 1,985 WINEBOW Liquor Product Received Den Road Liquor Store
303555 1,952 MARTIN MARIETTA MATERIALS Asphalt Overlay Wasterwater Collection
303567 1,936 PERA Wages and Benefits 494 Corridor Commission
303511 1,935 ARVIG Fiber Lease Payments IT Operating
1034418 1,934 JOHNSTONE SUPPLY Supplies - Plumbing City Center - CAM
303595 1,869 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1034448 1,857 STREICHERS Clothing & Uniforms Police Sworn
303513 1,847 AVR INC Asphalt Overlay Park Maintenance
303602 1,734 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
303627 1,734 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance
303646 1,677 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
1034393 1,671 STAAF, CARTER Travel Expense Police Sworn
303471 1,655 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
303501 1,636 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
303557 1,602 MEDICINE LAKE TOURS Special Event Fees Trips
303565 1,598 PALADIN TECHNOLOGIES Contract Svcs - Security Facilities Staff
303604 1,581 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
303617 1,541 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1034403 1,539 METRO SALES INCORPORATED*Equipment Rentals IT Operating
303578 1,510 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
303533 1,451 FASTSIGNS Operating Supplies Park Maintenance
303605 1,445 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
303711 1,415 YORKTOWN OFFICES Rent 494 Corridor Commission
Check #Amount Supplier / Explanation Account Description Business Unit Comments3035991,400 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
303710 1,388 WM CORPORATE SERVICES INC Waste Disposal General Community Center
303535 1,350 GLASS DOCTOR Contract Svcs - General Bldg Pool Maintenance
303682 1,350 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
1034399 1,338 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection
1034416 1,326 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
303663 1,282 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Operating
303478 1,257 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
303549 1,232 LUBE-TECH ESI Lubricants & Additives Fleet Operating
303573 1,200 SCOTT NELSON COACHING INC Training Fire
303467 1,156 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Den Road Liquor Store
1034431 1,151 CDW GOVERNMENT INC.Hardware - R&M IT Operating
1034408 1,125 WALL TRENDS INC Contract Svcs - General Bldg Park Shelters
1034438 1,094 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
303553 1,042 MARCO INC Hardware - R&M IT Operating
303462 1,028 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
303608 1,011 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
9857 924 MINNESOTA DEPT OF REVENUE Sales Tax Fleet Operating
1034406 916 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
303665 916 LUBE-TECH ESI Lubricants & Additives Fleet Operating
1034424 905 ROTO-ROOTER Contract Svcs - Plumbing Historical Buildings
303564 900 NATIVE PRIDE PRODUCTIONS Other Contracted Services PeopleFest
1034409 883 WM MUELLER AND SONS INC Asphalt Overlay Street Maintenance
303538 849 HANSON SPORTS LLC Program Fee Camps
1034423 849 R & R SPECIALTIES OF WISCONSIN INC Contract Svcs - Ice Rink Ice Arena Maintenance
303548 833 LEXISNEXIS RISK SOLUTIONS FL INC Other Contracted Services Police Sworn
9862 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
303685 821 RIVERS EDGE CONCRETE Asphalt Overlay Water Distribution
1034373 811 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
303588 810 WAYNES HOME SERVICES Contract Svcs - General Bldg Arts Center
303620 806 AIRGAS USA LLC EMS Supplies-Oxygen Supplies Fire
303512 756 AT YOUTH PROGRAMS LLC Instructor Service Camps
303637 750 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery
1034368 732 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
303699 726 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
303545 725 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Maintenance Facility
303500 687 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
303683 672 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission
303479 669 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
303492 668 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
1034370 661 VINOCOPIA Liquor Product Received Den Road Liquor Store
303456 651 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
303447 648 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1034435 642 GRAINGER Repair & Maint. Supplies Fitness/Conference - Cmty Ctr
1034405 640 REINDERS INC Landscape Materials/Supp Park Maintenance
303585 639 VAN PAPER COMPANY Operating Supplies General Community Center
1034440 608 MENARDS Equipment Parts Fire
303607 601 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
303656 594 HOHN JOSH Developer Fees General Fund
303506 581 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
303493 576 DOMACE VINO Liquor Product Received Prairie View Liquor Store
1034394 564 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
303594 558 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments303596551JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1034442 545 MOTOROLA Miscellaneous Police Sworn
303648 540 FREEZIAC Merchandise for Resale Concessions
303453 534 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
303477 527 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
303625 520 BIG STATE INDUSTRIAL SUPPLY INC Repair & Maint. Supplies Water Distribution
303618 511 ABLE HOSE & RUBBER INC Repair & Maint. Supplies Water Treatment
303632 507 CORE & MAIN Repair & Maint. Supplies Wasterwater Collection
303644 507 FASTSIGNS Signs Park Maintenance
303676 506 NAC OCS - Plumbing Den Bldg. - CAM
303616 498 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
9855 496 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
303461 484 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store
1034436 460 H M CRAGG CO Contract Svcs - Electrical General Community Center
1034414 445 CUSTOM HOSE TECH Equipment Parts Fleet Operating
303554 440 MARIE RIDGEWAY LICSW LLC Other Contracted Services Police Sworn
1034371 424 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
303528 400 DENN TRICIA Other Contracted Services Fall Harvest
1034375 396 VINOCOPIA Liquor Product Received Prairie View Liquor Store
303664 393 LARKSTUR ENGINEERING & SUPPLY INC Repair & Maint. Supplies Water Treatment
303640 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service
1034367 387 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
303486 382 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
303454 382 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
303654 379 HENTGES TOM Travel Expense Utility Operations - General
1034402 374 MENARDS Operating Supplies Utility Operations - General
303677 373 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
1034412 368 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1034415 362 FASTENAL COMPANY Safety Supplies Fleet Operating
303537 360 GYM WORKS Equipment Repair & Maint Fitness Center
303582 359 UNITED STATES POSTAL SERVICE Postage Senior Center Admin
303678 355 PAPCO INC Cleaning Supplies General Community Center
1034395 353 BIFFS INC Waste Disposal Purgatory Creek Park
303510 352 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
1034443 350 PREMIUM WATERS INC Operating Supplies - Water Fire
303466 341 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
303509 340 ARAMARK Janitor Service Prairie View Liquor Store
303451 320 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
303695 319 ST CROIX LINEN LLC Operating Supplies-Linens Fire
303497 315 LUCE LINE BREWING CO LLC Liquor Product Received Prairie View Liquor Store
303691 300 SOUTHWEST STATION CONDOMINIUMS False Alarm Fees Police Civilian
303611 288 MEGA BEER Liquor Product Received Prairie View Liquor Store
303601 280 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store
303675 279 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
1034388 274 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
303706 269 VENKATA, LATHA Miscellaneous City Council
303460 266 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
303541 266 HENTGES TOM Travel Expense Utility Operations - General
303614 258 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
303634 256 DELTA DENTAL Wages and Benefits 494 Corridor Commission
303519 255 CENTURYLINK Telephone IT Operating
1034369 248 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
303641 245 EDEN PRAIRIE FOUNDATION Deposits Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments303530245DIRECTVCable TV Community Center Admin
1034420 243 METROPOLITAN FORD Equipment Parts Fleet Operating
303635 240 DEM CON LANDFILL LLC Waste Disposal Park Maintenance
303495 238 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
303550 234 MACQUEEN EQUIPMENT INC Repair & Maint. Supplies Wasterwater Collection
303473 234 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
1034372 229 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
303670 228 MHSRC/DDP Other Contracted Services Senior Center Programs
1034398 228 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
303571 224 RAINBOW TREECARE Other Contracted Services Tree Disease
1034449 221 TEE JAY NORTH INC Other Contracted Services Prairie Village Liquor Store
303465 220 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
303609 220 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
303600 209 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
303638 200 DOELY KEVIN Special Event Fees Senior Board
303708 200 WAYNES HOME SERVICES Contract Svcs - General Bldg Historical Buildings
303570 200 PROPIO LS LLC Other Contracted Services Police Sworn
1034374 198 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
303580 194 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
303612 192 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
303450 190 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
303520 190 COMCAST Internet IT Operating
1034411 186 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1034439 178 MATHESON TRI-GAS INC Operating Supplies Fleet Operating
1034381 174 FASTENAL COMPANY Safety Supplies Fleet Operating
1034444 173 REINDERS INC Chemicals Park Maintenance
1034397 170 CITI-CARGO & STORAGE CO, INC Other Rentals Summer Theatre
303631 165 COMCAST Cable TV Fire
303642 164 EPIC EVENT RENTAL Operating Supplies Wine Club/Events
1034450 161 TWIN CITY FILTER SERVICE INC Building Repair & Maint.Utility Operations - General
303698 159 STICE JENNY Mileage & Parking Arts Center
303455 157 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
303624 154 ASPEN MILLS Postage Police Sworn
303443 152 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
303572 152 RICHFIELD PRINTING INC Office Supplies Customer Service
303671 150 MINNESOTA DEPT OF HEALTH Improvement Contracts Water Capital
1034422 147 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
303603 144 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
303474 140 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
303483 137 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
303505 137 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
303499 134 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
1034379 132 CLAREY'S SAFETY EQUIPMENT Equipment Repair & Maint Fire
303696 132 STAPLES ADVANTAGE Office Supplies Customer Service
303587 128 WARNER BONITA AR Utility Water Enterprise Fund
1034366 128 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
303526 125 COOPER, KIMBERLY Tuition Reimbursement/School Fitness Classes
303551 125 Manbeck Angela M Tuition Reimbursement/School Fitness Classes
303448 123 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
303476 120 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
303498 120 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
303463 119 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
303524 118 COMCAST Cable TV Fire
Check #Amount Supplier / Explanation Account Description Business Unit Comments1034382115HAAK LORI Mileage & Parking Stormwater Non-Capital
1034391 114 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn
303700 108 SYVERSON TESSA Mileage & Parking Youth Programs Admin
1034417 104 HAAK LORI Miscellaneous Stormwater Non-Capital
303522 103 COMCAST Cable TV Fire
303622 100 ARAMARK Janitor Service Prairie Village Liquor Store
303628 100 CINTAS CORPORATION #470 Operating Supplies Park Maintenance
1034387 99 PROSOURCE SUPPLY Cleaning Supplies General Community Center
303458 96 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store
303481 96 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
303503 96 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store
303657 95 INDIGO SIGNWORKS, INC.Protective Clothing Fire
1034425 93 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Park Maintenance
1034383 93 MANBECK, KEVIN Tuition Reimbursement/School Fitness Classes
303529 85 DIGGINS NICHOLE DAY Conference/Prof. Dev.494 Corridor Commission
303672 85 MINNESOTA TROPHIES & GIFTS Operating Supplies Volunteers
1034419 81 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission
303442 80 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1034385 80 NELSON, ROBIN Conference/Prof. Dev.494 Corridor Commission
303630 78 COMCAST Cable TV Fire
303441 78 HENNEPIN COUNTY WARRANT OFFICE Deposits General Fund
303560 77 MINNESOTA TROPHIES & GIFTS Clothing & Uniforms Police Sworn
1034377 73 BERRY COFFEE COMPANY Merchandise for Resale Concessions
303583 72 UNIVERSAL ATHLETIC SERVICES INC Repair & Maint. Supplies Park Maintenance
303488 70 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store
303576 65 STEPHENS LAURA P&R Refunds Community Center Admin
303673 65 MORGAN GEN P&R Refunds Community Center Admin
303521 63 COMCAST Cable TV Fire
1034389 60 REXFORD ZACHARY Travel Expense Assessing
1034413 58 BOHNSACK, SUE Mileage & Parking Senior Center Programs
1034427 52 WORKIN KATHRYN Mileage & Parking Park Facilities
303629 51 COMCAST Internet IT Operating
1034390 51 ROCKEY, JOSH Mileage & Parking Senior Center Admin
303508 48 AG SPRAY EQUIPMENT Repair & Maint. Supplies Park Maintenance
303661 47 JERRY'S ENTERPRISES INC Repair & Maint. Supplies Utility Operations - General
1034380 39 CONCRETE CUTTING AND CORING Equipment Repair & Maint Park Maintenance
303598 38 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
1034396 36 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
303662 31 KLEIS KIM Mileage & Parking Arts Center
1034384 28 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
1034426 25 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
303559 23 MEYER SUZANNE Operating Supplies Arts Center
303680 23 PILGRIM DRY CLEANERS INC Other Contracted Services Police Sworn
303619 21 ACE SUPPLY COMPANY INC Supplies - HVAC Fire Station #1
1034392 21 SPOK, INC.Cell/Pager Plans IT Operating
303705 20 VANG CHAI Deposits General Fund
303689 18 SHRED RIGHT Waste Disposal General Community Center
303556 16 MCFARLANE PATRICE Tuition Reimbursement/School Fitness Classes
303561 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
303562 12 MULTIHOUSING CREDIT CONTROL Other Contracted Services Police Sworn
303517 10 BWBR Developer Fees General Fund
303639 9 DROEN HEATHER Tuition Reimbursement/School Fitness Classes
303518 7 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF
Check #Amount Supplier / Explanation Account Description Business Unit Comments3035234COMCASTOther Contracted Services Police Sworn
303581 4 TULLY KEIKO Outreach Mileage/Parking 494 Corridor Commission
1034445 4 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
5,486,121 Grand Total
ANNOTATED AGENDA
DATE: September 29, 2023
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, October 03, 2023
___________________________________________________________________________________________
TUESDAY, OCTOBER 03, 2023 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting,
typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the
Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office.
IV. PROCLAMATIONS / PRESENTATIONS
A. ALEXANDRA ALLEN AND NICO ALLEN, NATIONAL AWARD RECIPIENTS OF UNSUNG HERO PROJECT
Kathie Case and Tom Achartz will introduce Alexandra and Nico Allen and give a few words on behalf of the Eden Prairie Historical Society. Nico will give a few words about his project, a website on Aristides de Sousa Mendes. Alexandra will
give a few words and showcase a short clip of her documentary on Agnes Lackovic.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 19, 2023
B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 19, 2023
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
ANNOTATED AGENDA October 03, 2023
Page 2
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-E on the Consent Calendar.
A. CLERK’S LIST
B. ADOPT RESOLUTION ENDORSING FUNDING APPLICATION FOR DELL ROAD IMPROVEMENTS
C. AWARD CONSTRUCTION CONTRACT TO MINGER CONSTRUCTION CO, INC. FOR RECONDITIONING SANITARY SEWER LIFT STATIONS NO. 1, 13, AND 15
D. APPROVE PURCHASE OF TWO LIFT STATION CONTROL PANELS FROM SJE, INC.
E. AUTHORIZE PURCHASE OF SHADE STRUCTURES FOR RILEY LAKE COURTS FROM ST. CROIX RECREATION
IX. PUBLIC HEARINGS / MEETINGS
A. ADOPT RESOLUTION VACATING PART OF L1, B1, MENARD 8TH ADDITION DRAINAGE AND UTILITY (D&U) EASEMENTS
Synopsis: The property owner has requested a vacation of part of the drainage
and utility easements as dedicated on Lot 1, Block 1, Menard 8th Addition, Hennepin County, Minnesota to facilitate the building of a new gate structure that will replace the current guard house. The Council approved the project on September 5, 2023. MOTION: Move to:
• Close the public hearing; and
• Adopt a Resolution vacating drainage and utility easements lying
over, under, and across Lot 1, Block 1, Menard 8th addition.
X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
ANNOTATED AGENDA October 03, 2023
Page 3
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.