HomeMy WebLinkAboutCity Council - 11/14/2023
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, NOVEMBER 14, 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 Amy Markle, 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. ENTERPRISE FUNDS: WATER, WASTEWATER, STORMWATER, AND
LIQUOR – TAMMY WILSON, FINANCE MANAGER AND JAIME URBINA,
LIQUOR OPERATIONS MANAGER
Open Podium - Council Chamber (6:30) II. OPEN PODIUM
a. WARREN LOKEN, FLYING CLOUD AIRPORT NOISE III. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, NOVEMBER 14, 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 Amy Markle, and City Attorney Maggie Neuville
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS
A. LIFESAVING RECOGNITION FOR FAMILY OF LANI LOVAS
B. 2023 SUSTAINABLE EDEN PRAIRIE AWARDS
C. ACCEPT DONATION FROM EDEN PRAIRIE LIONS FOR FIRE DEPARTMENT AND POLICE DEPARTMENT EQUIPMENT (Resolution)
D. ACCEPT DONATION FROM REMAX RESULTS AND PRAIRIE BLUFFS
SENIOR LIVING FOR 2024 SENIOR CENTER ACTIVITIES (Resolution)
E. PROCLAIM NOVEMBER 25, 2023 SMALL BUSINESS SATURDAY IN EDEN PRAIRIE
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 17, 2023
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 17, 2023
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. MISTER CARWASH BY ISG, INC. APPROVE SECOND READING OF
CITY COUNCIL AGENDA November 14, 2023
Page 2
ORDINANCE FOR PLANNED UNIT DEVELOPMENT DISTRICT REVIEW WITH WAIVERS ON 1.23 ACRES, RESOLUTION FOR SITE PLAN REVIEW ON 1.23 ACRES (ORDINANCE FOR PUD DISTRICT
REVIEW WITH WAIVERS, RESOLUTION FOR SITE PLAN REVIEW, RESOLUTION FOR CONDITIONAL APPROVAL OF DEVELOPMENT AGREEMENT)
C. BAKER ROAD ASSISTED LIVING BY MICHAEL KNISELY. APPROVE FIRST READING OF AMENDED DEVELOPMENT AGREEMENT (RESOLUTION RESCINDING CONDITIONAL APPROVAL, APPROVAL OF AMENDED DEVELOPMENT AGREEMENT)
D. ADOPT RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING DATE FOR DELL ROAD STREET AND UTILITY IMPROVEMENTS
E. APPROVE AGREEMENT FOR 2024, 2025 BRIDGE INSPECTIONS
F. APPROVE CHANGE ORDER FOR WELL 17 CONSTRUCTION AND TRANSMISSION LINE PROJECT
G. APPROVE CHANGE ORDER FOR 23-43-C POND DREDGING
H. APPROVE HENNEPIN COUNTY WEST METRO DRUG TASK FORCE (WMDTF) COOPERATIVE AGREEMENT ALLOWING EDEN PRAIRIE TO JOIN WMDTF
I. APPROVE PURCHASE OF WELL 5 CONTROL PANEL FROM SJE, INC.
J. APPROVE PURCHASE OF LICENSE PLATE READERS
K. DECLARE PROPERTY AS SURPLUS AND AUTHORIZE DISPOSAL
IX. PUBLIC HEARINGS / MEETINGS
A. CODE AMENDMENT – CHAPTER 11 REFORMAT by City of Eden Prairie. First Reading of Ordinance to amend City Code Chapter 11 relating to reformatting
existing regulations to improve the functionality and usability of the Eden Prairie
Zoning Code (Ordinance)
B. CODE AMENDMENT – SIGN CODE by City of Eden Prairie. First Reading of
Ordinance to amend City Code, Chapter 11.70 to address sign regulations (Ordinance)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF ORDINANCE GRANTING TENANT PROTECTIONS
CITY COUNCIL AGENDA November 14, 2023
Page 3
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
1. PEDESTRIAN CROSSING TREATMENT GUIDELINES
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
CITY COUNCIL AGENDA
SECTION: Proclamations/Presentations
DATE
Nov. 14, 2023
DEPARTMENT / DIVISION
Police/Fire Chief Matt Sackett and Chief Scott Gerber
ITEM DESCRIPTION
Recognition for Civilians
ITEM NO.
IV.A.
Requested Action No action required
Synopsis Chiefs Matt Sackett and Scott Gerber will recognize the family of Lani Lovas for their role in saving Lani’s life when she experienced a cardiac event in her home on September 14, 2023.
After the chiefs read the recognition, the Mayor is welcome to join them at the podium for photos.
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE:
Nov. 14, 2023
DEPARTMENT/DIVISION: Jennifer Fierce Public Works / Engineering
ITEM DESCRIPTION:
2023 Sustainable Eden Prairie Awards
ITEM NO.:
IV.B.
Requested Action
No formal action is requested. Student Sustainability Commissioners and Staff will present the awards to the recipients. Synopsis
The Sustainable Eden Prairie Award recognizes significant and innovative investments that contribute to the overall vitality and sustainability of the community. The four nomination categories reflect the four Sustainable Eden Prairie focus areas – energy, landscape, water, and waste. The eligibility criteria include property improvements and organized programming or
initiatives so that both physical improvements and behavioral changes can be recognized.
The recipients of the 2023 Sustainable Eden Prairie Award are:
• Landscape – Rustic Hills Garden Co.
• Water – Lori Tritz
• Energy - SunOpta
• Waste – Dick Rawlings
Background This is the seventh year the Sustainable Eden Prairie Awards will be recognized by the City Council. The nomination period was open through September 15. The Sustainability Commission
met in October to review the nominations and select recipients. Award recipients will receive a
commemorative plaque. Sustainability Commission Members and Students on Commission are:
• Aaron Poock, Chair
• Cindy Hoffman, Vice Chair
• Carolyn Wieland
• Laura Bishop
• Tim Conners
• Gretchen Enninga
• Michelle Frost
• Moussa Ousmane
• Jim Nehl
• Rylee Brazil
• Sophie Cain
• Lucy Dowdal-Osborn
• Alyssa Ehler
• Lalitha Gunturi
• Roshan Gurumurthy
• Isaac Hepper
• Sabreen Khanikar
• Pranav Narayanan
• Kate Ropchak
• Lilli Timpe
• Keerti Tumu
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
Nov. 14, 2023
DEPARTMENT / DIVISION:
Scott Geber, Fire Chief Matt Sackett, Police Chief
ITEM DESCRIPTION:
Donation from Eden Prairie Lions Club towards Fire department equipment and Police department equipment
ITEM NO.:
IV.C.
Requested Action
Move to: Adopt Resolution accepting the donation of $6,000 from the Eden Prairie Lions
Club towards the purchase of Fire Department emergency services equipment including airway management devices and $10,290 towards the purchase of Police Department equipment storage and technology solutions for Unmanned Aerial Systems (UAS) vehicle.
Synopsis The donation of $6,000 from the Eden Prairie Lions Club will go towards the purchase of Fire Department emergency services equipment, including airway management devices.
The donation of $10,290 from the Eden Prairie Lions Club will go towards the purchase of Police Department equipment storage and technology solutions needed to set up a new UAS police vehicle.
Background The Eden Prairie Fire Department responds to fire, medical and other special incidents. Utilization of effective equipment for specialized airway management is important to our
effective service delivery. This new equipment will allow our staff to be proficient and effective
in airway management. This new vehicle will help the Eden Prairie Police Department’s UAS Team by making deployment quicker and more efficient in those situations where search and rescue/suspect
location is needed. The vehicle was already in the current replacement cycle, but the upgraded
storage and electronics solutions can now be funded through this donation form the Eden Prairie Lions.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-__ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $6,000 to be used towards the purchase of Fire department emergency services equipment is hereby recognized and accepted by the Eden Prairie City
Council.
The gift to the City in the amount of $10,290 to be used towards the purchase of Police department equipment storage and technology solutions for an Unmanned Aerial Systems vehicle is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 14th day of November, 2023.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations / Presentations
DATE:
Nov. 14, 2023
DEPARTMENT/DIVISION:
Amy Markle, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Remax Results and Prairie Bluffs Senior Living for 2024 Senior Center activities
ITEM NO.:
IV.D.
Requested Action
Move to: Adopt Resolution accepting the donation of $400 from Prairie Bluffs Senior Living toward the 2024 Senior Center events including Valentines Bingo and Breakfast and the Summer BBQ and the donation of $250 from ReMax Results Change Agent Group Edina towards 2024 Senior Awareness Month activities. Synopsis The Eden Prairie Senior Center serves area seniors with drop-in programs, lifelong learning classes, fitness opportunities, social events, and trips. Participation continues to grow significantly, and the community’s use of this resource is expected to increase in the coming
years with the number of aging adults increasing in this community. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $250 to be used towards the 2024 Senior Awareness Month activities from ReMax Results Change Agent Group Edina is hereby recognized and accepted by the
Eden Prairie City Council.
The gift to the City of $400 to be used toward 2024 Senior Center events including Valentines Bingo and Breakfast and the Summer BBQ from Prairie Bluffs Senior Living is hereby recognized and accepted by the Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 14th day of November, 2023.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE
Nov. 14, 2023
DEPARTMENT / DIVISION
Community Development Julie Klima/David Lindahl
ITEM DESCRIPTION
Small Business Day Saturday Proclamation
ITEM NO.
IV.E.
Requested Action
Proclaim November 25, 2023 “Small Business Saturday” in Eden Prairie.
Synopsis
The proclamation is in support of Eden Prairie’s business economy and urges residents to support small
businesses and merchants on Small Business Saturday and throughout the year.
Attachment Small Business Saturday Proclamation
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
Small Business Saturday
WHEREAS, the City of Eden Prairie celebrates our local small businesses and the contributions
they make to the local economy and community; and
WHEREAS, the Small Business Administration as well as advocacy groups and other public
and private organizations across the country have endorsed the Saturday after Thanksgiving as
Small Business Saturday; and
WHEREAS, 68 cents of every dollar spent at a small business in the United States stays in the
local community; and
WHEREAS, according to the United States Census, there are over 38,000 small businesses with
fewer than 100 employees in Hennepin County, representing over 96 percent of businesses in
the county; and
WHEREAS, Hennepin County has partnered with several cities in the county and the Hennepin
county Housing and Redevelopment Authority to support Small Business Saturday with the
multijurisdictional Love Local campaign which encourages residents to support local,
independently owned businesses that create jobs, boost the local economy, and make our
communities vibrant and livable; and
WHEREAS, for many the Thanksgiving holiday kicks off a season of gathering, dining,
shopping, and experiencing arts and culture, and consumers know that supporting small,
independently owned businesses has positive social, economic, and environmental impacts; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Eden Prairie does hereby proclaim
November 25, 2023, as Small Business Saturday in Eden Prairie and urges the residents of our
community to support small businesses and merchants on Small Business Saturday and
throughout the year.
Ronald A. Case, Mayor
on behalf of Council Members:
Kathy Nelson
Mark Freiberg
PG Narayanan
Lisa Toomey
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 17, 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. Council Member PG Narayanan was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION FROM FAMILY OF GORDON WILLIAMS FOR SENIOR CENTER GARDEN AREA (Resolution No. 2023-98)
Lotthammer explained Gordon Williams, a long-time resident and Senior Center
participant, was active at the Senior Center for many years. The donation from
Mr. Williams’ family will go towards the continued maintenance of the Senior Center garden area. The garden area has become the backdrop of the annual Senior Center Garden Party.
MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2023-
98 accepting the donation of $500 from the family of Gordon Williams towards the maintenance of the Senior Center garden area. Motion carried 4-0. B. ACCEPT DONATION FROM EDEN PRAIRIE CRIME PREVENTION FUND, CARDINAL GLASS INDUSTRIES, AND FLAGSTONE SENIOR LIVING FOR HARVEST TO HALLOWEEN EVENT (Resolution No. 2023-99)
Lotthammer explained there are three separate donations intended to support the Harvest to Halloween event. Harvest to Halloween is an annual fall city event that
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offers art projects, inflatables, kids’ games, face painting, horse-drawn carriage rides, historic house tours, pumpkin decorating and treat stations. The donation includes $750 from the Eden Prairie Crime Prevention Fund, $500 from Cardinal
Glass Industries, and $150 from Flagstone Senior Living.
MOTION: Toomey moved, seconded by Nelson, to adopt Resolution No. 2023-99 accepting the donation of $750 from the Eden Prairie Crime Prevention Fund, $500 from Cardinal Glass Industries, and $150 from Flagstone Senior Living for
the Harvest to Halloween event. Motion carried 4-0. Case noted the impact of donations on stretching tax dollars. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Toomey, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 3 , 2023 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 3, 2023 MOTION: Nelson moved, seconded by Toomey, to approve the minutes of the
Council workshop held Tuesday, October 3, 2023, and the City Council meeting held Tuesday, October 3, 2023, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST
B. THREE OAKS ESTATES (2023-05) APPROVE SECOND READING OF ORDINANCE NO. 16-2023 FOR ZONING DISTRICT CHANGE FROM RURAL TO R1-9.5 AND PARKS AND OPEN SPACE ON 5.06 ACRES AND APPROVE DEVELOPMENT AGREEMENT
C. ADOPT RESOLUTION NO. 2023-100 AUTHORIZING STAFF TO SUBMIT A GRANT REQUEST TO THE HENNEPIN COUNTY YOUTH SPORTS GRANT PROGRAM FOR 2024 ROUND LAKE PARK HARDCOURT REHABILITATION PROJECT
D. APPROVE STANDARD AGREEMENT FOR CONTRACT SERVICES WITH EXCEL LAWN AND LANDSCAPE FOR SNOW AND ICE MANAGEMENT SERVICES
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E. APPROVE CONTRACTED SERVICES AGREEMENT WITH RAINBOW TREECARE FOR EMERALD ASH BORER TREATMENTS
F. APPROVE CONTRACTED SERVICES AGREEMENT WITH VALLEY
RICH FOR UTILITY INSTALLATION AT THE OUTDOOR CENTER
G. AWARD CONTRACT FOR GOODS AND SERVICES FOR TRAFFIC SIGNAL EQUIPMENT TO TRAFFIC CONTROL CORPORATION
H. APPROVE PURCHASE OF TILT DECK TRAILER FROM LANO
EQUIPMENT
MOTION: Toomey moved, seconded by Nelson, to approve Items A-H on the Consent Calendar. Motion carried 4-0. IX. ORDINANCES AND RESOLUTIONS A. KINSLEY TOWNHOMES (2023-08) by Pulte Homes. Second Reading of Ordinance for Planned Unit Development with Waivers and a Zoning District
Change from Rural to RM-6.5 on 6.13 acres, Resolution for Site Plan Approval,
Resolution for Conditional Approval of the Development Agreement. (Ordinance No. 17-2023-PUD-5-2023 for PUD District Review and Zoning District Change from Rural to RM-6.5, Resolution No. 2023-101 for Site Plan Approval, Resolution No. 2023-102 for Conditional Approval of the Development
Agreement)
Getschow explained the item is regarding the final approval for the Kinsley Townhomes. The applicant is requesting approval to construct 42 owner-occupied townhome units at 17305 and 17325 Pioneer Trail.
Klima noted the Council approved the first reading of the Ordinance at a previous
meeting with a number of revisions. Revisions included not connecting Valley Road to the adjacent single-family neighborhood while retaining the right of way to the east property line and construct a sidewalk from Dell Road to the east property line, providing additional screening along the east and south property
lines, exploring options to provide additional off-street parking, and providing a
screening fence of alternate material. She showed an image of the revised plans in comparison with the original plans. There was also an effort to redirect pedestrian traffic, as reflected in trail location plan revisions. Klima also showed an image of the proposed fence in line with the requested revisions.
Klima added there were a number of landscaping plan revisions. She showed the original and revised plans. 26 arborvitae and three white pines were added along the south property line. Also, 15 conifer trees were added along the east property line. Overall, the revisions reduce significant tree removal by 109 calipers.
Klima showed photos of the existing landscaping.
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Toomey asked if the new trees will be seven-feet tall. Klima confirmed that was correct.
Case noted the Council received several emails from constituents regarding the
southern property line and concerns about windfall. He explained it is not the Council’s prerogative to assist the developer in making money or vice versa. Instead, it is their role to manage development in line with the goals in the City. The profit margins for developers are much smaller than the public understands.
In this scenario, the City prioritized more trees.
Case previously asked Staff for an estimate of the road project that is being saved, and the amount is around $80,000. On the other hand, the additional landscaping costs about $40,000. Overall, the concerns by the Council were addressed with the revisions.
MOTION: Nelson moved, seconded by Toomey, to approve the Second Reading of an Ordinance for a PUD District Review with Waivers and a Zoning Change from Rural to RM-6.5 on 6.13 acres, adopt a Resolution for Site Plan Review on 6.13 acres, and adopt a Resolution Conditionally Approving the Development
Agreement for Kinsley Townhomes. Motion carried 3-1 (Freiberg). X. PUBLIC HEARINGS / MEETINGS A. MISTER CARWASH (2023-03) by ISG, Inc. Resolution for a PUD Concept Plan Review on 1.23 acres, First Reading of Ordinance for a PUD District Review with
waivers on 1.23 acres (Resolution No. 2023-103 for PUD Concept Plan Review, Ordinance for a PUD District Review with Waivers)
Getschow explained Mister Car Wash is proposing to construct a new automatic car wash facility, replacing a Burger King restaurant building that was removed in 2022. The property is located at the intersection of Flying Cloud Drive and
Prairie Center Drive. Crystal View Road forms the northern border of the site.
The property is 1.23 acres and is zoned Commercial-Regional-Service and is guided Regional Commercial. The proposed car wash facility is a permitted use in the zoning district.
Getschow added improvements include a 5,400 square foot car wash building, point of sale canopies, trash enclosure and vacuum equipment, and a shelter for attendants. The building materials exceed the minimum requirements. A waiver from the 35-foot front yard setback off Flying Cloud Drive is requested, 25 feet is proposed. Staff supports the waiver due to the site being surrounding on three
sides by public streets, and the waiver allows the building to screen the vehicle stacking and vacuum area of the site from Flying Cloud Drive. Prabhs Matharoo, Project Manager of Design on the project, introduced himself
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and explained there is an existing location in Eden Prairie. The hope is to move to a new site to address issues. Mr. Matharoo pointed out Mister Car Wash is the largest car wash operator in the United States.
Mr. Matharoo explained the process Mister Car Wash uses to reduce and recycle water through the washing process. They prioritize reducing use of freshwater and choosing environmentally-friendly products.
Mr. Matharoo showed an aerial image of site location and the proposed site plan.
There are a few PUD waivers being requested as part of the project. Requests include a shifted and reduced scale of canopies, a shifted trash and vacuum enclosure to adjoin with the building, adding pedestrian ramps at the two western corners to ensure they are ADA-compliant, and another waiver to allow for better flow.
Mr. Matharoo showed building elevations and explained the materials selected for use. He noted the effort to match the current building aesthetics in the area. He also showed a few site renderings from various angles.
Toomey asked what would happen with the underground tanks at the current site. Mr. Matharoo stated the tanks will either be removed or filled with concrete, depending on what best aligns with City regulations. Nelson asked if the upcoming changes in technology will be able to added back
into the Eden Prairie location. Mr. Matharoo confirmed any improvements made to systems or products will be implemented in Eden Prairie when available. The water recycling depends on how dirty a car is. For example, Arizona has a lot of off-roading and results in dusty vehicles. Minnesota has the consideration of salt on cars in the winter.
There were no comments from the audience. MOTION: Toomey moved, seconded by Freiberg, to close the public hearing, adopt a Resolution for a PUD Concept Plan Review on 1.23 acres, approve the
First Reading of an Ordinance for a PUD District Review with Waivers on 1.23 acres, and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 4-0. Case pointed out community members may have envisioned another use for the
area. However, there are some restrictions on fast food restaurants in the area due to the previous Burger King location. Also, it is not the purview of City government to solicit particular projects rather than to manage development opportunities presented to them by developers.
Freiberg asked how long Mister Car Wash has been in Eden Prairie. Mr. Matharoo stated Mister Car Wash joined the Eden Prairie community in 1999.
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B. PUBLIC HEARING FOR APPROVAL OF 2023 SPECIAL ASSESSMENTS, RESOLUTION NO. 2023-104 APPROVING SPECIAL ASSESSMENTS
Getschow explained each year, the City Council holds a public hearing to consider levying the Special Assessments that have been identified over the previous 12 months. This year, the Council will address a list of projects and supplemental assessments for such things as trunk utility assessments, connection fees, and
removal of tall grass, weeds, and trees. Staff recommends Council approve the list of assessments. Getschow added one assessment was removed from the packet as it was not supposed to be in there initially. It was one related to tall grass, weeds, and trees.
There were no comments from the audience. Case asked if the public generally agrees to the assessment due to the lack of public commenters. Getschow confirmed that is correct.
MOTION: Freiberg moved, seconded by Nelson to close the public hearing and adopt a Resolution approving all Special Assessments presented in the fall of 2023. Motion carried 4-0.
XI. PAYMENT OF CLAIMS
MOTION: Toomey moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Nelson, Toomey and Case voting “aye.”
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS
XIV. REPORTS
XV. OTHER BUSINESS Getschow thanked Lotthammer for his service to the City and noted his many impacts on
the community throughout his career. Lotthammer thanked Council for their input and support over the years. His positive experiences within the City were beyond his expectations. He noted his replacement, Amy Markle, is sure to make an incredible impact on the community.
Case thanked Lotthammer for his impact on the community. XVI. ADJOURNMENT
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MOTION: Toomey moved, seconded by Freiberg, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 7:54 p.m.
Respectfully submitted,
________________________
Sara Aschenbeck, Administrative Support Specialist
UNAPPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, OCTOBER 17, 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. IT (CYBERSECURITY) UPDATE – ADITI SALUNKE, IT MANAGER (5:30 – 5:45 p.m.)
Getschow introduced Aditi Salunke, Information Technology (IT) Manager and James Goldenstein,
Network Administrator, to give an overview of IT and Cybersecurity at the City. Salunke stated the
three pillars of information security are availability: information should be readily available to
authorized users, confidentiality: information should not be disclosed to unauthorized parties, and
integrity: information should not be modified without authorization.
Salunke gave an overview of the City’s infrastructure. The City has fiber network to most locations.
The number of cell phones and iPads have significantly increased over the past five years.
Goldenstein explained City servers are regularly backed up to the secondary Community Center
location. A tertiary location also stores backup information. Case asked if the tertiary location is
shared. Goldstein answered the tertiary location is a shared cloud location also used by the State and
the Bureau of Criminal Apprehension.
Salunke stated the threat landscape has significantly changed over the past ten years. Viruses are
types of malware that self-replicate by inserting code into other software programs. Ransomware is
typically distributed through phishing emails and encrypts the victim’s data, allowing a hacker to
demand ransom for its restoration. Major recent cybersecurity incidents include the MOVEit data
breach which involved the Department of Energy and the Department of Health and Human
Resources. Estimated costs of the MOVEit breach are $9.9 billion and counting. The City of Dallas
was targeted with a ransomware attack compromising personal information of 26 thousand
individuals. Minneapolis public schools was targeted with a ransomware attack compromising
personal information of 100 thousand individuals. Local and State governments have become
increasingly susceptible to these attacks.
Salunke next detailed the layers of security protecting City data. The technology policy is included
in the employee handbook. All employees participate in a mandatory IT security training each year.
The City conducts random phishing tests twice a year. Employees who fail are required to take
additional training. The City has multiple layers of internal and external firewalls. Any user working
from an offsite location must use VPN, and there is no way to access the City network from outside
the country. Critical systems including the water plant and public safety use multifactor
authentication, which will soon be in place for all VPN users.
Salunke explained the network security protections in place. Monitoring and network analytics are
used to identify risks. The City uses email filters and web filters to block over 90 percent of
malicious items. Network segmentation is used meaning Police, Liquor stores, and other City
functions are on separate networks. Physical security is in place including role based access cards,
camera surveillance, and physical locks. All City devices have antivirus protection and software to
block installation of unauthorized applications. All applications use role-based security and are
upgraded timely. Data in transit and data backups are encrypted.
Salunke stated a layered approach helps minimize risks and losses due to an attack from malicious
threats. Case asked if Councilmember emails are stored forever. Salunke explained any items not
transferred to the ‘Deleted’ folder are kept forever. The Council thanked Salunke and Goldenstein
for their time and efforts safeguarding City data.
II. POTENTIAL DEVELOPMENT SITES – JULIE KLIMA, COMMUNITY
DEVELOPMENT DIRECTOR (5:45 – 6:30 p.m.)
Klima introduced the next topic, potential development sites in the City. The council has already
reviewed some locations as part of the Aspire Eden Prairie 2040 Plan and the Community
Development 2023-2027 Strategic Plan. Some sites have a pending application while other sites
have only received inquiries. Prior to a public hearing the City places “Proposed Development
Project Site” signs on the property. The signs have a QR code linking to the City’s interactive
development project map with more proposal information including site plans, building renderings,
Commission and Council memos, and contact information. Signs remain on the site through the
Planning Commission and City Council review process. Getschow noted these signs allow the City
to notify a much larger audience than traditional methods. Klima stated public hearing notices are
also distributed to nearby property owners. State law requires property owners within 350 feet be
notified, the City notifies property owners within 500 feet and will increase the distance if deemed
appropriate. The City works with developers to encourage neighborhood meetings with adjacent
property owners before the project is brought to Planning Commission.
Klima displayed a photo of the Chestnut Townhomes site off Anderson Lakes Parkway and Chestnut
Drive. This location has a pending application and has not yet been scheduled for Planning
Commission review. The developer is requesting a Comprehensive Plan amendment from the
current Medium High Density Residential guided status to Medium Density Residential status. The
proposed project includes 13 buildings of 4-, 5-, and 6-unit townhomes.
Klima next showed a photo of the Pioneer Preserve site off Pioneer Trail and Hennepin Town Road.
This location has a pending application for four two-unit buildings and is consistent with a ghost
plan from the 1990s. The project has not been scheduled for Planning Commission review due to
ongoing discussions regarding street access. Case asked if the Council could necessitate a private
street. Klima noted the property owner and the homeowner’s association have reached an agreement
and the project will proceed with private street access. Case asked if the private stub street would
have been a point of discussion when the Lee Drive townhomes to the south were approved.
Neuville stated there is unclear language in the Development Agreement and Homeowner’s
Association declaration, but it is clear Council intended for the private stub street to connect.
Klima displayed a photo of the Preserve Village infill site off Anderson Lakes Parkway and
Hennepin Town Road. This location has a pending application for a standalone Chipotle with 40
seats and a drive through. The project has not been scheduled for Planning Commission review as
Staff is working with developers on building design and other site considerations. Case inquired if
the existing strip mall had always been overparked as the current proposal is replacing existing
parking stalls. Klima noted the parking requirement when the strip mall was constructed was eight
spots per thousand square feet, the requirement is now five spots per thousand.
Klima showed a photo of Marshall Farm site off Dell road, which is currently zoned rural and guided
low density. The property is currently for sale and is one of the largest undeveloped properties
within the City. Staff will likely receive a proposal for this site soon. There is potential for a road
connection through the site via adjacent stub roads. This site has challenges including an intersecting
creek, shoreland, significant grade, and tree coverage. Case inquired if the City could transfer the
site’s total density to the northwest portion that is currently cultivated farmland. The remaining
southeast portion with the stream and wetlands could be dedicated to the City as open space. Klima
responded the City could possibly take ownership of the outlot area through the development
process. Case noted he would prefer to keep the area south of the creek non developed. Klima stated
Staff has communicated the City’s preference for little to no development south of the creek.
Klima next displayed a photo of the Ingram property off Pioneer Trail. This site has shoreland,
wetland, significant grade on the eastern border, and a unique configuration. Staff has received
inquiries focused on twin homes or triplexes. Case noted it makes sense for the site to have town
homes with its proximity to the Three Rivers Park bike trail, required watershed setbacks of 50 feet,
and natural buffer to the single family homes on the east. Klima next displayed a photo of 10700
Prairie Lakes Drive, a current three story office building on the market. Staff has received inquiries
to repurpose the site for residential development and has communicated the City is open to hear
proposals as long as density mirrors surrounding properties.
Klima showed an aerial photo of the United Natural Foods, Inc. (UNFI) property, recently listed for
sale. Staff has communicated the City prefers this site remains as office use. The left parcel has little
to no development opportunity due to steep grading, bluff status, and wetland setbacks. The owner
has inquired about retaining frontage along Valley View Road for future development and selling off
the existing building and parking space. Toomey asked what the future of the non-developable
parcel would likely be. Klima noted the City may pursue a conservation easement during the
application process. Freiberg asked how large the UNFI campus is. Klima responded the building
and parking lot are 38 acres, the entire property is 107 acres. Staff has communicated the City is
open to development within the existing building and parking lot footprint. Nelson asked if there has
been any discussion regarding apartments or homes with lake access. Klima stated Staff has not been
supportive due to existing conservation easements and adverse impacts to Bryant Lake and wetland
quality. Nelson asked how old the office building is. Klima responded it was built in the late 1970s.
Klima next showed a photo of the Marshall Farm stand off Eden Prairie Road. Access would be
provided via an existing private stub road. The Eden Heights East potential development site on the
opposite side of Pioneer Trail has an approved preliminary plat from 2016 for four single family
residential homes. Klima displayed a photo of the Life Church site on Baker Road. There are three
parcels zoned and guided public. This property is currently for sale. Surrounding parcels include
single family homes, twin homes, and townhomes. Staff has communicated the City would be open
to attached housing if density matches the surrounding area. This property has challenges including
an existing right of way and a significant utility line.
Klima displayed a photo of the Huber Funeral Home off Eden Prairie Road. This property will likely
redevelop in the future as there has been multifamily residential development nearby. Case noted the
area is lacking common parking. Klima next showed a photo of the Kline, Pemtom, and Bunn
properties off Eden Prairie Road. There would likely be a road connection for Prospect Road. Case
noted the Bunn property has one of three log cabins left in the City.
Klima next showed a photo of the Kurt Johnson property off Anderson Lakes Parkway. This site is
accessed via a private driveway and has lakeshore access. There are topography challenges as the
property slopes down to the lake. It is guided for medium high density residential which would allow
14 to 40 units per acre.
Klima displayed a photo of 10001, 10003, 10005, and 10011 Dell Road. The Metropolitan Urban
Service Area (MUSA) boundary line intersects these properties. The area north of the MUSA
boundary line is guided for low density residential, the area south is guided rural due to significant
grading. Case noted the City could potentially transfer density to the north portion but there would
still be significant bluff impacts. The Council thanked Klima for her time.
Open Podium - Council Chamber (6:30) III. OPEN PODIUM
IV. ADJOURNMENT
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Nov. 14, 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 Permit Organization: Women of Song Place: Fat Pants Brewing Co 8335 Crystal View Road
Dates: 1/4/2024, 2/1/2024, 3/7/2024, 4/4/2024
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Nov. 14, 2023
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Jeremy Barnhart
ITEM DESCRIPTION:
Mister Car Wash
ITEM NO.:
VIII.B.
Requested Action
Move to:
• Approve the 2nd Reading of an Ordinance for a PUD District Review with waivers on 1.23 acres;
• Adopt a Resolution for Site Plan Review on 1.23 acres; and
• Adopt a Resolution for a Conditional Approval of the Development Agreement for Mister Car Wash
Synopsis
This is the final reading for Mister Car Wash. The applicant is requesting approval redevelop the property into an automatic car wash facility. The improvements include a 5400 sq ft car wash building, point of sale canopies, trash enclosure and vacuum equipment, and a shelter for attendants. The building materials exceed the minimum requirements for the district.
A 10 foot waiver from the setback from Flying Cloud Drive requested, reducing the setback to 25 feet. The 120-day review period expires on December 1, 2023.
Background The 1st reading for this project was held at the October 17 City Council meeting. Attachments
1. Ordinance for PUD District with Waivers
2. Summary of Ordinance 3. Resolution for Site Plan Review 4. Resolution for Conditional Approval of the Development Agreement 5. Development Agreement
MISTER CAR WASH
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2023-PUD-_-2023
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the designation of the land be amended within the Commercial Regional Service Zoning District as -2023-PUD-_-2023 (hereinafter "PUD-_-2023”). Section 3. The City Council hereby makes the following findings:
A. PUD-_-2023 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2023 is designed in such a manner to form a desirable and unified
environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2023 are justified by the design of the development described therein.
D. PUD-_-2023 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the Commercial Regional Service Zoning District as Planned Unit Development PUD-_-2023 and the legal descriptions of land in each district referred to in City
Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of November 14, 2023 entered into between CWP West, LLC a Delaware limited liability company, and the City of Eden Prairie (hereinafter “Development
Agreement”). The Development Agreement contains the terms and conditions of PUD _-2023, and are hereby made a part hereof.
Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
17th day of October, 2023, and finally read and adopted and ordered published in summary form
as attached hereto at a regular meeting of the City Council of said City on the 14th day of November, 2023. ATTEST:
__________________________________ ___________________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on November 23, 2023.
EXHIBIT A
PUD Legal Description Legal Description: Lot 3, Block 2 The Preserve Commercial Park North 2nd Addition, Hennepin County, Minnesota.
Abstract property.
MISTER CAR WASH
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF
ORDINANCE NO. __-2023-PUD-__-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning designation of land
located within the Commercial Regional Service Zoning District into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication.
ATTEST: __________________________ ___________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on November 23, 2023. (A full copy of the text of this Ordinance is available from City Clerk.)
EXHIBIT A
PUD Legal Description Legal Description:
Lot 3, Block 2 The Preserve Commercial Park North 2nd Addition, Hennepin County, Minnesota.
Abstract property.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR MISTER CAR WASH BY CWP WEST, LLC WHEREAS, CWP West, LLC, has applied for Site Plan approval of Mister Car Wash to redevelop the site into an automatic car wash facility; WHEREAS, zoning approval for the Mister Car Wash facility was granted by an Ordinance approved by the City Council on November 14, 2023; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its October 9th, 2023 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
October 17th, 2023 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval for property legally described in
Exhibit A attached here to is granted to CWP West, LLC, subject to the Development
Agreement between CWP West, LLC and the City of Eden Prairie, reviewed and approved by the City Council on November 14, 2023.
ADOPTED by the City Council of the City of Eden Prairie this 14th day of November, 2023.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
David Teigland, City Clerk
EXHIBIT A
Site Plan
Legal Description: Lot 3, Block 2 The Preserve Commercial Park North 2nd Addition, Hennepin County, Minnesota. Abstract property.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____ A RESOLUTION FOR CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT FOR MISTER CAR WASH WHEREAS, the Developer has requested to sign and execute the Development Agreement for Mister Car Wash (the “Project”) at the closing of Developer’s purchase of the Project property located at 8340 Crystal View Drive; and,
WHEREAS, the City is amenable to allowing the Developer to sign and execute the Development Agreement at the closing; and,
WHEREAS, the approval of this Agreement, second reading of Ordinance No. ____ , and
Resolution No. granting Site Plan approval are contingent upon receipt by the City Manager of documentation acceptable to the City Manager that CWP West, LLC has acquired fee simple interest in the Property as defined in the Development Agreement. If the City Manager does not receive such documentation on or prior to February 12, 2024, the above Ordinance, Resolution,
and approvals are null and void and of no further effect. The City Council may, but is not required
to, take such further action to confirm that the Ordinance, Resolution, are null and void and of no further effect; and,
WHEREAS, the City Council reviewed the Project at a public hearing at its October 17, 2023, meeting and reviewed the Development Agreement for the Project at its November 14, 2023,
meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the Development Agreement between CWP West, LLC
and the City of Eden Prairie is conditionally approved by the City Council on November 14, 2023,
and is conditioned upon the Developer providing the City Manager documentation that the CWP West, LLC has acquired fee simple interest in the Property. If the City Manager does not receive such documentation on or prior to February 12, 2024, the above Ordinance, Resolution, and approvals are null and void and of no further effect. The City Council may, but is not required to,
take such further action to confirm that the Ordinance, Resolution, are null and void and of no
further effect.
ADOPTED by the City Council of the City of Eden Prairie this 14th day of November, 2023.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
David Teigland, City Clerk
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Mister Car Wash November 14, 2023
DEVELOPMENT AGREEMENT
Mister Car Wash THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of November
14, 2023, by CWP West, LLC, a Delaware limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”: WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 1.23 acres, Planned Unit Development District Review with waivers on 1.23 acres, and Site Plan Review on 1.23 acres (the “Applications”), for real property legally described on Exhibit A (the “Property”).
NOW, THEREFORE, in consideration of the City adopting Resolution No. __________ for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit Development District Review, and Resolution No. ____________ for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows:
1. PRIOR APPROVALS: This Agreement supersedes and replaces any prior development approvals or development agreements for the Property. 2. PLANS: Developer must develop the Property in conformance with the materials revised
and stamp dated September 6, 2023, reviewed and approved by the City Council on
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October 17, 2023, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and modifications as provided herein.
3. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 4. EXTERIOR MATERIALS: As part of the building permit application materials,
Developer must submit to the City Planner, and receive the City Planner’s written approval
of a plan depicting exterior materials and colors to be used on the buildings on the Property consistent with the Exhibit B Plans. Prior to issuance of any occupancy permit for the Property, Developer must complete
implementation of the approved exterior materials and colors plan in accordance with the
terms and conditions of Exhibit C. 5. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer must submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan must be prepared and properly signed by a
currently licensed Professional Civil Engineer hired by the Developer. The final grading and drainage plan must include: 1. “Stormwater Facilities” as that term is defined in City Code Section 11.55, Subd. 2, including all stationary, temporary, and permanent stormwater BMPs
designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater as well as structures built to collect, convey or store stormwater (“Stormwater Facilities”); and 2. Any other items required with the land alteration permit application and/or by the City Engineer for release of the permit.
B. LAND ALTERATION PERMIT: Developer must submit the following with all land alteration, grading and/or filling permit applications as described below and in accordance with City Code:
1. Design calculations for storm water quality, rate, 100-year high water level (HWL), and volume, together with a drainage area map and finalized plans for the stormwater reuse components of the irrigation system (cistern and well); 2. Logs for geotechnical borings and/or infiltration tests within the footprint of all
proposed permanent stormwater management BMPs. Geotechnical borings
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Mister Car Wash November 14, 2023
must extend to a minimum depth of five (5) feet below the proposed bottom of the BMP. If the infiltration rates indicated by the geotechnical borings and/or
infiltration tests are more restrictive than the assumptions made in the
Stormwater Management Report, the design of the permanent stormwater management BMPs must be amended accordingly and an updated Stormwater Management Report must be provided.
3. Financial security in the form of a bond, cash escrow, or letter of credit, equal
to 125% of the cost of the improvements to be made pursuant to the permit, in a format approved by the City and as required by City Code Section 11.55, Subd. 11 (the “Land Alteration Security”);
4. At the request of the City Engineer, a maintenance and monitoring plan must
be submitted for all privately owned Stormwater Facilities to ensure they continue to function as designed in perpetuity, pursuant to and in accordance with City Code Section 11.55, Subd. 7 (“Maintenance and Monitoring Plan”). The Maintenance and Monitoring Plan must include, at a minimum: a) The party(s) responsible for maintenance;
b) Access plans for inspections, monitoring and/or maintenance; c) Planting plan (if applicable); d) Routine and non-routine inspection procedures; e) Frequency of inspections; f) Sweeping frequency for all parking and road surfaces (if applicable);
g) Plans for restoration or repairs (including reduced infiltration when applicable); h) Performance standards; and i) Corrective actions that will be taken if the stormwater facility(s) does not meet performance specifications.
5. Documentation establishing that any Stormwater Facilities constructed and installed under a structure are designed in conformance with the standards outlined in the Minnesota Stormwater Manual published by the Minnesota Pollution Control Agency (the “Minnesota Stormwater Manual”). The
underground system must be kept off-line until construction is complete; 6. Erosion and sedimentation control plan; 7. Copy of the Stormwater Pollution Prevention Plan (“SWPPP”) if required by
the Minnesota Pollution Control Agency Construction Stormwater Permit; and C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION: The Developer must employ the licensed Professional Engineer who prepared the final grading plan or another licensed professional qualified to perform the work
(to be approved in writing by the City Engineer) to complete the following:
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Mister Car Wash November 14, 2023
1. Monitor the construction of Stormwater Facilities and temporary BMPs for
conformance to the approved final grading plan, the Minnesota Storm Water
Manual, and the SWPPP. 2. Enter all inspection, monitoring, and maintenance activities and/or reports regarding site construction and land alteration permit requirements into the
City’s web-based erosion and sediment control permit tracking program
(currently PermiTrack ESC). Inspections must be conducted at least bi-weekly between April 1 and October 31 and after precipitation events exceeding 0.5 inches.
D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be
maintained by the Developer during construction and for a minimum of two (2) full growing seasons after City acceptance of the public infrastructure as determined by the City Engineer. Repairs completed during this time must be done in accordance with the land alteration permit and City Code Section 11.55, Subd. 7. If the Stormwater Facilities are not functioning as designed at the end of the minimum 2-
year period, the City Engineer may extend the Developer’s maintenance responsibility or require further repairs. Once the minimum 2-year period has been reached or the City has determined that the Stormwater Facilities conform to the design criteria established in the land
alteration permit and the SWPPP, whichever is longer, the then-current owner of the Property will be responsible for all future inspections and maintenance of the Stormwater Facilities in accordance with City Code Section 11.55, Subd. 7. If there is a drainage easement present over the Stormwater Facility(s), the easement holder will be responsible for inspections and maintenance.
An Inspection and Maintenance Agreement for Private Stormwater Facilities in the form attached hereto as Exhibit D must be recorded for all privately owned and maintained Stormwater Facilities.
Pervious surfaces must be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the stormwater infiltration systems. E. LAND ALTERATION PERMIT FINANCIAL SECURITY RELEASE: Prior
to release of the Land Alteration Security, Developer must complete implementation of the approved SWPPP. Any remaining Land Alteration Security must be released to the person who deposited the Land Alteration Security upon determination by the City that the requirements of City Code Section 11.55 and the conditions of the land alteration permit have been satisfactorily performed.
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6. IRRIGATION PLAN: Developer must complete implementation of the approved
irrigation plan in accordance with Exhibit B Plans and with the terms and conditions of
Exhibit C. Irrigation must be designed and operated so that water is not directed on or over public trails and sidewalks. 7. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to issuance of a land alteration
permit, the Developer must submit to the City Planner and receive the City Planner’s
written approval of an executed landscape agreement and a final landscape or tree replacement plan for the Property. The approved landscape or tree replacement plan must be consistent with the quantity, type, and size of all plant materials shown on the landscape or tree replacement plan on the Exhibit B Plans and including all proposed trees, shrubs,
perennials, and grasses. The approved landscape or tree replacement plan must include
replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape or tree replacement plan must also provide that, should actual tree loss exceed that calculated herein, Developer must provide tree replacement on a caliper inch per caliper inch basis for such excess loss.
Prior to land alteration permit issuance, Developer must also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit equal to 150% of the cost of the tree and landscape improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The
Landscape Security will be held for two full growing seasons after the installation of all plantings and inspection by the City. A growing season is the part of the year during which rainfall and temperature allow plants to grow (approximately April-October). The installation must conform to the approved landscape or tree replacement plan including
but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes proposed to the landscape plan or landscaping installed on the Property, including but not limited to removal and relocation, must be reviewed and approved by the City Planner prior to implementing such changes. Developer must complete implementation of the approved landscape or tree replacement plan as depicted on the Exhibit B Plans and in
accordance with the terms and conditions of Exhibit C of this Agreement. The Landscape Security will be released in accordance with the terms of the landscape agreement. 8. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical equipment on the Property. For purposes of this paragraph, “mechanical equipment”
includes gas meters, electrical conduits, water meters, and standard heating, ventilating, and air-conditioning units. Financial security to guarantee construction of such screening is included with the Landscape Security. Developer must complete construction of mechanical equipment screening prior to issuance of any occupancy permit for the Property.
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If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not
meet City Code requirements to screen mechanical equipment from public streets and
differing, adjacent land uses, then the City Planner will notify Developer and Developer must take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the Landscape Security until Developer completes all such corrective measures.
9. MORTGAGEE CONSENT AND SUBORDINATION: For any mortgage lien recorded against the Property prior to recording this Agreement, Developer must deliver to the City a mortgagee consent and subordination in a form approved by the City and attach the executed form to the Agreement submitted for recording.
10. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary approvals issued by other agencies for the project to the City Engineer. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited to the following: the Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Riley
Purgatory Bluff Creek Watershed District, the Minnesota Department of Health, the Minnesota Department of Transportation, Hennepin County, and Xcel Energy. The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals granted
with this Agreement which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review.
11. OUTSIDE STORAGE: Developer must not permit on the Property any outside storage of inoperable automobiles, automobile parts, equipment, inventory, or refuse. 12. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the Regional Service-Commercial (C-Reg-Ser) District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number):
• A waiver from the front yard setback requirement of 35 feet
to 25 feet for the yard adjacent to Flying Cloud Drive as shown on Exhibit B Plans. 13. RETAINING WALLS: Prior to issuance by the City of any permit for grading or building
on the Property, Developer must obtain a building permit for retaining wall construction
from the City for any retaining walls greater than four feet in height. Retaining walls must
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not be constructed in a drainage or utility easement area, except to connect to the existing retaining wall.
The retaining wall plans submitted with the permit application must include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer agrees that the materials to be used will be compatible with the existing retaining wall on site.
Developer must construct the retaining wall in accordance with the terms of the permit and terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property.
All maintenance and repair of all retaining walls on the Property, including the existing
retaining wall, are the responsibility of the Developer, its successors and assigns. 14. REPLACEMENT OF ADA RAMPS: Prior to issuance by City of any building permit for the Property, Developer must submit to the City Engineer and obtain written approval of detailed plans for replacement of the ADA sidewalk ramps located at the corners of
Prairie Center Drive and Commonwealth Drive, and Prairie Center Drive and Flying Cloud Drive, as shown on Exhibit B Plans. No certificate of occupancy for the Property will be issued until such ramp replacement is complete. 15. ROADWAY AND TRAIL EASEMENTS. The Developer must convey to the City the
following easements: (1) an easement for roadway purposes along Crystal View Road, and (2) a trail easement along Flying Cloud Drive, in the locations depicted on the Exhibit B Plans. The easements must be in a form approved by the City Engineer. After approval by the City Engineer, Developer must file the easements with the Hennepin County Recorder and/or Registrar of Titles’ Office as appropriate prior to recording of any document
affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer must submit to the City Engineer proof that the easements have been recorded in accordance with the
requirements of this paragraph. 16. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section 11.70, Developer must obtain a sign permit from the City. The application must include a complete description of the sign and a sketch showing the size, location, the manner of
construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign in accordance with the requirements of City Code, Section 11.70, Subdivision 5. 17. SITE LIGHTING: All pole lighting must consist of downcast cut-off fixtures. Pole
lighting must not exceed 25 feet in height. A three (3) foot base is permitted for a total of
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28 feet in height. Developer must complete implementation of the lighting plan in Exhibit B prior to issuance of any occupancy permit for the Property.
18. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling, and organic waste bins or receptacles will at all times be located inside of the enclosure as depicted on the Plans.
19. TRASH ENCLOSURE: The trash enclosure(s) must be constructed with the materials as
depicted in Exhibit B to match the building, include a roof, and include gates that completely screen the interior of the enclosure. Developer must complete the trash enclosure prior to issuance of any occupancy permit for the Property.
20. SALT AND SNOW STORAGE: Salt storage is not allowed on the Property unless the
Property Owner and any agents, tenants, or contractors employ best management practices to minimize the discharge of polluted runoff from salt storage and: 1. The designated salt storage area is indoors; 2. The designated salt storage area is located on an impervious surface and
downgradient from any Stormwater Facilities; and 3. Practices to reduce exposure when transferring material in designated salt storage areas (sweeping, diversions, and/or containment) are implemented. Salt applicators must possess current Smart Salting Level 1 and Level 2 Certification from
the Minnesota Pollution Control Agency. The certified individual(s) are responsible for the application of appropriate deicing material at the proper amount and rate. Snow must not be stored in any required parking or stormwater treatment areas. If the Property does not provide adequate snow storage areas, the Developer and/or Owner must
remove the snow from the Property. As of the date of this Agreement, Developer has represented to the City that snow will be removed from the Property. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid.
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CITY OF EDEN PRAIRIE
By___________________________ Ronald A. Case Its Mayor
By____________________________ Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2023, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________ Notary Public
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CWP West, LLC
By ________________________________ ________________________________
Its ________________________________
STATE OF ________________ )
) ss. COUNTY OF __________________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2023, by _______________________________________, the , of CWP West, LLC, a Delaware limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY: CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD
EDEN PRAIRIE, MN 55344
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EXHIBIT A
DEVELOPMENT AGREEMENT - MISTER CAR WASH
Legal Description
Lot 3, Block 2 The Preserve Commercial Park North 2nd Addition, Hennepin County, Minnesota.
Abstract property.
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EXHIBIT B
DEVELOPMENT AGREEMENT - MISTER CAR WASH List of Plans C027 City Details dated 9/6/2023 by ISG C028 Site Circulation Plan dated 9/6/2023 by ISG
C110 Erosion Control Details dated 9/6/2023 by ISG
C120 Erosion Control Notes dated 9/6/2023 by ISG C121 Erosion Control Notes dated 9/6/2023 by ISG C130 Erosion Control Plan dated 9/6/2023 by ISG C210 Existing Site and Removals dated 9/6/2023 by ISG
C310 Site Plan dated 9/6/2023 by ISG
C320 Utility Plan dated 9/6/2023 by ISG C410 Site Grading Plan dated 9/6/2023 by ISG C420 Detailed Grading Plan dated 9/6/2023 by ISG C510 Site Restoration sheet dated 9/6/2023 by ISG C511 Site Planting Plan dated 9/6/2023 by ISG
C520 Site Irrigation Plan dated 9/6/2023 by ISG C530 Planting Notes and Details dated 9/6/2023 by ISG
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EXHIBIT C
DEVELOPMENT AGREEMENT – MISTER CAR WASH
1. The Development Agreement must be recorded with the Hennepin County Recorder and/or Registrar of Titles as applicable prior to release of the final plat or, if no final plat, prior to the issuance of any permit or approval for the development, unless specifically authorized
by the City Planner. The final plat will not be released until recording of the Development
Agreement is complete, unless otherwise agreed to by the City, in which case the City Attorney will provide a letter with document recording order and instructions that must be complied with by the Developer.
2. Prior to release of the final plat, Developer must submit public infrastructure plans to the
City Engineer for approval (1” = 50’ scale).
3. With respect to all portions of the Property which Developer is required to dedicate to the City on the final plat or convey to the City by deed (the “Dedicated or Conveyed Property”), Developer represents and warrants as follows:
a. That at the time of dedication or conveyance, title to the Dedicated or Conveyed Property is or will be marketable fee title, free and clear of all mortgages, liens, and
other encumbrances, subject to any easements or minor title imperfections acceptable to the City in its sole discretion (“Marketable Title”). Prior to final plat approval, Developer must provide title evidence satisfactory to the City Attorney establishing Marketable Title. The City, at its discretion, may require Developer to provide, at Developer’s cost, an owner’s policy of title insurance in a policy amount
determined by the City, insuring Marketable Title in the name of the City after the dedication or conveyance.
b. That Developer has not used, employed, deposited, stored, disposed of, placed, or otherwise allowed to come in or on the Dedicated or Conveyed Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not
limited to those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat. § 115B.01, et. seq. (“Hazardous Substances”).
c. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place, or otherwise have, in or on the Dedicated or Conveyed Property, any Hazardous Substances.
d. That, to its knowledge, no previous owner, operator, or possessor of the Property deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated or Conveyed Property any Hazardous Substances.
4. Developer must submit detailed construction and storm sewer plans to the relevant Watershed District for review and approval. Developer must follow all rules and
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recommendations of said Watershed District.
5. Developer must provide written notice to all private and public utilities prior to the
commencement of any improvements on the Property.
6. The City will not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. Developer’s obligation to address all requirements of this Exhibit C will continue to apply notwithstanding the City’s issuance of permits or
approvals for the Property.
7. Prior to release of the first building permit for the Property, and for any subsequent building permit for the Property if required by the City in its sole discretion, Developer must submit to the City Engineer for approval a master grading plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main,
and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City.
8. Prior to building permit issuance, Developer must pay all fees associated with the building permit to the Building Inspections Division, including: building permit fee, plan check fee,
State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), park dedication, and other applicable fees. Developer must contact the Metropolitan Council to determine the number of SAC units.
9. Prior to building permit issuance and except as otherwise authorized in the approved Plans, all existing structures must be properly removed as required by City Code, with necessary
permits obtained through the Building Inspections Division.
10. Prior to building permit issuance and except as otherwise authorized in the approved Plans, any wells and septic systems on the Property must be properly abandoned or removed as required by City Code and Hennepin County ordinance, with necessary permits obtained through the Inspections Division.
11. Prior to building permit issuance, Developer must provide an ALTA survey or site plan completed by a licensed surveyor or engineer (1" = 50’ scale) showing proposed building locations and all proposed streets, with approved street names, lot arrangements, and property lines.
12. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, will not oppose the City’s reconsideration and rescission of any Rezoning, Planned Unit Development review, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved.
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13. This Agreement will run with the land and be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property.
14. This Agreement is a contract between the City and the Developer. No provision of this
Agreement inures to the benefit of any third person, including the public at large, so as to constitute any person as a third-party beneficiary of the Agreement or of any one or more of its terms, or otherwise give rise to any cause of action for any person not a party to this Agreement.
15. Developer acknowledges that the obligations of Developer contemplated in this Agreement
are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision of this Agreement, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to
specifically enforce such covenant, withhold permits or other City approvals, or rescind or revoke any approvals granted by the City. No remedy conferred in this Agreement is intended to be exclusive and each will be cumulative and will be in addition to every other remedy. The election of anyone or more remedies will not constitute a waiver of any other remedy.
16. No failure of the City to comply with any term, condition, or covenant of this Agreement will subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment may be levied upon or collected from the general credit, general fund or taxing powers of the City.
17. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof.
Developer agrees to indemnify, defend, and hold harmless City, its successors and assigns, against any and all loss, costs, damage, or expense, including reasonable attorneys fees,
that the City incurs because of the breach of any of the above representations or warranties or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated or Conveyed Property by Developer, its employees, agents, contractors, or representatives.
18. The Developer grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement.
19. Developer will pay upon demand to the City all costs incurred by the City in conjunction
with the Applications. These costs include internal City administrative, planning and,
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engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the
Applications and implementation of the approvals granted by the City.
20. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security ( “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which
Security is required and fails to cure such default(s) within ten (10) days after receipt of
written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it will be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to
any contracts or agreements with third parties relating to the improvements unless
otherwise agreed in writing by the City.
The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security lapses prior to the end of the required term.
If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the City draws down or makes a claim against the Security, the proceeds will be used to cure the default(s) and to reimburse the City for
all costs and expenses, including attorney fees, incurred by the City in enforcing this Agreement.
21. In the event of a violation of City Code relating to use of the Property and construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City will give 24 hours’ notice of such violation, or such longer period as
determined by the City in its sole discretion given the nature of the violation, in order to allow a cure of such violation. The City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing.
The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement will be determined solely and conclusively by the City
Manager or his or her designee.
22. Developer will release, defend, and indemnify City, its elected and appointed officials, employees, and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors,
subcontractors, suppliers and agents. Developer will not be released from its responsibilities to release, defend, and indemnify because of any inspection, review, or
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approval by City.
23. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable
City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances.
24. Developer agrees that the Property will be operated in a manner meeting all applicable
noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer
further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor, and glare do not go beyond the Property boundary lines in violation of applicable laws or regulations.
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EXHIBIT D
DEVELOPMENT AGREEMENT – MISTER CAR WASH
INSPECTION AND MAINTENANCE AGREEMENT FOR
PRIVATE STORMWATER FACILITIES
This Inspection and Maintenance Agreement (“Agreement”) is made and entered into this ____
day of , of the year, 20___, by and between __________________, a
____________________, its successors and assigns (hereinafter called the “Owner”, whether one
or more) and the City of Eden Prairie, a Minnesota municipal corporation (hereinafter called
“City”).
WITNESSETH, that
WHEREAS, the City is required by federal and state surface water quality regulations and its
National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer
System (MS4) permit to prevent surface water quality degradation from development and
redevelopment activities within its jurisdiction;
WHEREAS, the City has adopted stormwater regulations as required by the MS4 permit and such
regulations are contained in Section 11.55 of the Eden Prairie City Code;
WHEREAS, a structural stormwater Best Management Practice (BMP) is defined in the MS4
General Permit as "a stationary and permanent BMP that is designed, constructed and operated to
prevent or reduce the discharge of pollutants in stormwater.” These may include, but are not
limited to green roofs, permeable pavement, bioretention basins, rain gardens, infiltration basins,
sand filters, stormwater ponds, manufactured treatment devices, and structures that perform
chemical treatment of stormwater;
WHEREAS, “structural stormwater BMPs” are called “stormwater facilities” in Section 11.55,
Subd. 2 of Eden Prairie City Code;
WHEREAS, the Owner is the fee owner of real property located at _____________(property
address and/or PID)_____________________ and legally described on the attached Exhibit A
(“Property”);
WHEREAS, the Owner has constructed or will construct certain stormwater facilities on the
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Property that have been approved by the City in accordance with City Code;
WHEREAS, some or all of the stormwater facilities on the Property serve private property and are
not owned, operated or maintained by the City (“Private BMPs”). A drawing showing the general
area of Private BMPs is attached to this Agreement as Exhibit B for ease of identification;
WHEREAS the City’s MS4 Permit requires the City to have an executed legal mechanism for the
inspection and maintenance of Private BMPs.
NOW, THEREFORE, in consideration of the benefits received by the Owner as a result of the
approval by the City, the Owner does hereby covenant and agree with the City as follows:
1. The Owner will provide long-term maintenance and continuation of the Private BMPs
identified in Exhibit B, to ensure that all Private BMPs are and remain in proper working
condition in accordance with the original design specifications. The Owner must perform
inspection and maintenance activities utilizing the checklists provided in Exhibit C (or
similar, approved in advance by City staff), as well as the recommendations set forth in the
Minnesota Stormwater Manual.
2. Following final acceptance of the construction by the City, the Owner must maintain a copy
of this Agreement on site, together with a record of all inspections and maintenance actions
required by this Agreement. The Owner must document the inspections, remedial actions
taken to repair, modify or reconstruct the system, the state of the Private BMPs, and notify
the City of any planned change in ownership or management of the system.
3. All Private BMPs must undergo, at a minimum, one (1) inspection annually for two (2)
years after completion and final acceptance of the construction. After two (2) annual
inspections are approved by the City in writing, all private BMPs must undergo, at a
minimum, one (1) inspection every five (5) years to document maintenance and repair needs
and ensure compliance with the requirements of this Agreement and all federal, state and
local regulations. An inspection report for each inspection must be filed with the City
through its website within ninety (90) days of the inspection. The inspection frequency may
be increased as deemed necessary by the City to ensure proper functioning of the Private
BMPs.
4. If the City’s NPDES permit is revised in a way that directs the City to manage stormwater
treatment systems differently than specified in this agreement, the direction of the NPDES
permit will supersede and override the provisions of this Agreement.
5. The Owner hereby grants permission to the City, its authorized agents, contractors, and
employees the right of ingress, egress and access to enter the Property at reasonable times
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and in a reasonable manner for the purpose of inspecting Private BMPs. The Owner hereby
grants to the City the right to enter the Property to install and maintain equipment to monitor
or test the performance of the Private BMPs for quality and quantity upon reasonable notice
to the Owner. Whenever possible, the City will notify the Owner prior to entering the
Property and will use its best efforts not to disturb the Owner’s use and enjoyment of the
Property while conducting such inspections.
6. In the event the City determines that the Private BMPs are not being maintained in good
working order, the City will give written notice to the Owner to repair, replace, reconstruct
or maintain the Private BMPs within a reasonable time, not to exceed 30 days. If the Owner
fails to comply with the City’s notice within the time specified, Owner authorizes the City
or its agents to enter the Property to repair, reconstruct, replace or perform maintenance on
the Private BMPs at the Owner’s expense. It is expressly understood and agreed that the
City is under no obligation to maintain or repair any Private BMPs, and in no event will this
Agreement be construed to impose any such obligation on the City.
7. In the event the City, pursuant to this Agreement, performs work of any nature on Private
BMPs on the Property, or expends any funds in the performance of said work for labor, use
equipment, supplies, materials, and the like, the Owner will reimburse the City upon
demand, within thirty (30) days of receipt of written request for reimbursement for all costs
incurred by the City. If the City has not received payment from the Owner by the end of the
thirty (30) day period, the City may use any other remedies available by law to collect the
amount due from the Owner, and may also recover and collect from Owner the reasonable
expenses of collection, including court costs, and attorney fees.
8. It is the intent of this Agreement to assure the City of proper maintenance of Private BMPs
on the Property by the Owner; provided, however, that this Agreement will not be deemed
to create or affect any additional liability of any party for damage alleged to result from or
be caused by the Private BMPs or stormwater management practices on the Property.
9. The Owner and the Owner’s heirs, executors, administrators, assigns, and any other
successors in interest, will indemnify and hold the City and its agents and employees
harmless for, and defend against at its own expense, any and all damages, accidents,
casualties, occurrence, claims, and expenses, including reasonable attorney’s fees, which
might arise or be asserted, in whole or in part, against the City from the construction,
presence, existence, or maintenance of the Private BMPs subject to this Agreement. In the
event a claim is asserted against the City, its officers, agents or employees, the City will
notify the Owner, who must defend at Owner’s expense any suit or other claim against the
City with counsel acceptable to the City.
10. No waiver of any provision of this Agreement will affect the right of any party to enforce
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such provision or to exercise any right or remedy available to it in the event of another
party’s default.
11. The Owner must record this Agreement with the Hennepin County Recorder and/or
Registrar of Titles’ Office, as appropriate. This Agreement constitutes a covenant running
with the land and will be binding upon the Owner and the Owner’s heirs, administrators,
executors, assigns, and any other successors in interest to the Property.
12. The Owner must have the Private BMPs inspected in accordance with Section 11.55 of City
Code and certify to the City that the constructed facilities conform to the approved
stormwater management plan for the Property. If the constructed condition of the Private
BMP or its performance varies significantly from the approved plan, appropriately revised
calculations must be provided to the City and the plan must be amended accordingly.
13. The Owner agrees that for any Private BMPs to be maintained by a property owner’s
association, deed restrictions and covenants for property included in the association will: (a)
include mandatory membership in the property owner’s association responsible for
providing maintenance of the Private BMPs; (b) require the association to maintain the
private BMPs; (c) prohibit termination of this maintenance responsibility by unilateral action
of the association; and (d) provide for unpaid dues or assessments to constitute a lien upon
the property of individual owners within the association upon recording a notice of non-
payment.
14. This Agreement must be re-approved and re-executed by the City if all or a portion of the
Property is subdivided or assembled with other property or if Private BMPs or their drainage
areas are modified, causing decreased effectiveness. New, repaired, or improved Private
BMPs must be implemented to provide equivalent or better treatment when compared with
the original structural stormwater BMPs.
15. The Owner must sweep all private streets, driveways, sidewalks, trails and parking areas
within the Property as delineated in Exhibit B at least once each year, either in the spring
following snowmelt or in the fall after leaf fall.
16. The Owner must submit inspection and maintenance records for each Private BMP to the
City's Water Resources Coordinator through the City’s website at the frequency required in
this Agreement. The Owner may use the inspection and maintenance checklists found in
Exhibit C, or similar documentation as approved by the City.
17. The City may seek any remedy in law or equity against the Owner for a violation of this
Agreement.
18. In the event that this Agreement is inconsistent with Eden Prairie City Code regarding the
inspection and maintenance of Private BMPs, the provisions which provide greater
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protection for water resources, as determined by the City in its sole discretion, will prevail.
19. The recitals set forth above are expressly incorporated herein.
(signatures on following pages)
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IN WITNESS WHEREOF, Owner and the City have entered this Agreement as of the date
written above.
OWNER
_________________________________
By: ______________________________
Its: ______________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ____ day of ____________, 20__,
by _______________________________________, the
, of ________________, a _______________________, on behalf of the company.
Notary Public
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CITY OF EDEN PRAIRIE
By___________________________
Ronald A. Case
Its Mayor
By____________________________
Rick Getschow
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________,
20__, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of
the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
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EXHIBIT A: Legal Description of Property
Lot 3, Block 2 The Preserve Commercial Park North 2nd Addition, Hennepin County, Minnesota. Abstract property.
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EXHIBIT B: Map of Private BMPs on Property, including City water body identification
number and areas requiring street sweeping
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EXHIBIT C: City of Eden Prairie Private Stormwater BMP Inspection Checklist and
Maintenance Checklist
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Nov. 14, 2023
DEPARTMENT / DIVISION:
Community Development/Planning
Julie Klima/Beth Novak-Krebs
ITEM DESCRIPTION:
Baker Road Assisted Living Development Agreement
ITEM NO.:
VIII.C.
Requested Action
Move to:
• Approve Development Agreement with 6216 Baker Road, LLC for the Baker Road Assisted Living Project
• Adopt Resolution Rescinding Resolution No. 2023-87
Synopsis
On September 5, 2023, the Council granted final approval to the Baker Road Assisted Living project,
which involves conversion of an existing office building into 24 assisted living units and construction of a nearly 53,000 square foot addition to provide an additional 81 units (the “Project”). Because the entity that was to acquire the Property and assume Developer obligations for the Project, Shire Properties, LLC, was not yet the owner of the property, the Council’s approval of the Project and the Development
Agreement was conditional on Shire Properties, LLC acquiring title by December 5, 2023. The Council
adopted Resolution No. 2023-87 reflecting this conditional approval. Developer recently informed the City that the owner of the property and Developer of the project has changed, and will instead be 6216 Baker Road, LLC, a related entity with common ownership formed
for this Project. 6216 Baker Road, LLC acquired title to the property on October 13, 2023. Because the
Council’s original approval of the Project and the Development Agreement expressly required title to be acquired by Shire Properties, LLC, this change in ownership requires revised Council action. Attached are a revised Development Agreement with 6216 Baker Road, LLC and a resolution rescinding
the Council’s earlier resolution requiring that title be acquired by Shire Properties, LLC.
Attachments Development Agreement
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____ RESOLUTION RESCINDING RESOLUTION NO. 2023-87 WHEREAS, on September 5, 2023, the Council adopted Resolution No. 2023-87, approving the Baker Road Assisted Living project (the “Project”) on the condition that title to the Property be acquired by Shire Properties, LLC on or before December 5, 2023;
WHEREAS, the Project applicant has requested that the City revise its approvals to
change the identity of the owner and developer to “6216 Baker Road, LLC”;
WHEREAS, 6216 Baker Road, LLC is now the fee owner of the property on which the
Project will be constructed and has signed the Development Agreement; and
WHEREAS, the earlier conditional approval is no longer applicable or necessary.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that Resolution No. 2023-87 conditionally approving the Baker Road Assisted Living project is hereby rescinded. The Project and the Development Agreement with 6216 Baker Road, LLC are fully approved.
ADOPTED by the City Council of the City of Eden Prairie this 14th day of November, 2023.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Nov. 14, 2023
DEPARTMENT/DIVISION:
Carter Schulze
Public Works/Engineering
ITEM DESCRIPTION: I.C. 17-5990
Receive Feasibility Report and Set Public Hearing for Dell Road Street and Utility Improvements
ITEM NO.:
VIII.D.
Requested Action
Move to: Adopt Resolution Receiving Feasibility Report and Setting a Public Hearing date for Dell Road Street and Utility Improvements. Synopsis
The City Council authorized a feasibility study for street and utility improvements for the reconstruction of Dell Road on March 15, 2022. It is recommended to set the Public Hearing for this project at the January 16th, 2024 City
Council meeting. Prior to the Public Hearing, staff will schedule a neighborhood meeting to
discuss the feasibility report and the proposed assessments. Since the City Council authorized the preparation of the Dell Road feasibility study without a valid petition, approval of the project will require a 4/5 majority vote.
Background Information
City staff began evaluating the Dell Road improvement area in 2006, and has since reviewed several alternatives, met with residents in the area multiple times and coordinated with Hennepin County for the Flying Cloud Drive improvements in 2020. The Dell Road corridor is wooded,
has steep grades and varied terrain along both sides of the roadway. The existing roadway
corridor is narrow with a gravel surface, deficient alignments, and crosses Riley Creek. There is a 30-acre farm site east of the roadway, north of Riley Creek, owned by the Marshall family that has recently been put up for sale for development. Reconstructing the roadway and providing trunk and lateral utilities for the Dell Road corridor is critical to support the future infrastructure
needs in the area.
The feasibility study methodology, in terms of assessments, follows very closely to the recently assessed Eden Prairie Road Extension to Flying Cloud Drive whereby the City is carrying the bulk of the costs and assessing residents for a new street and trail.
Attachments
• Feasibility Report
• Resolution
CITY OF EDEN PRAIRIE
DELL ROAD - Crestwood Terrace to Connection
North of Flying Cloud Drive (CSAH 61)
FEASIBILITY REPORT
Street and Utility Improvements
Improvement Contract No. 17-5990
Prepared by:
City of Eden Prairie
Public Works Department
Engineering Division
8080 Mitchell Road
Eden Prairie, MN 55344
Assisted by:
WSB
540 Gateway Blvd
Burnsville, MN 55337
Page 2
TABLE OF CONTENTS
REPORT COVER
TABLE OF CONTENTS
CERTIFICATION
REPORT CONTENT
I. INTRODUCTION
II. STREET AND TRAIL IMPROVEMENTS
III. STORM DRAINAGE IMPROVEMENTS
IV. SANITARY SEWER AND WATERMAIN IMPROVEMENTS
V. PROJECT COST SUMMARY
VI. CONCLUSIONS AND RECOMMENDATIONS
PUBLIC HEARING NOTICE
PROJECT SCHEDULE
TABLE NO. 1 - ESTIMATED COSTS
PRELIMINARY ASSESSMENT ROLL
PROJECT ASSESSMENT AND AREA MAPS
Figure No. 1 IMPROVEMENT AREA / ASSESSMENT BOUNDARY
Figure No. 2 STREET AND TRAIL IMPROVEMENTS
Figure No. 3 STORM DRAINAGE IMPROVEMENTS
Figure No. 4 SANITARY SEWER AND WATERMAIN IMPROVEMENTS
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I. INTRODUCTION
This report presents the results of a preliminary engineering study for street and utility improvements on
Dell Road from Crestwood Terrace to approximately 580-feet north of CSAH No. 61 (Flying Cloud Drive)
(Improvement Area). This feasibility study was authorized by the Eden Prairie City Council on March 15,
2022.
The street and trail improvements described in this report will provide for a safer vehicular and pedestrian
friendly connection to Flying Cloud Drive by reconstructing the existing unimproved narrow roadway
which has sharp curves, steep grades and poor sight lines. The utility improvements will provide access to
City sanitary sewer and water for the residential properties along Dell Road and future connection
opportunity along Turnbull Road. The Improvement Area (in the southwest quadrant of the City) is within
Section 29 and 30, Township 116, Range 22 and is shown on Figure No. 1.
The Eden Prairie City Council ordered the preparation of this feasibility study for the Dell Road area on
March 15, 2022. This council action was approved without a petition so therefore, any council action
related to this project will require a 4/5ths approval of the City Council. Work on upgrading this rural gravel
section of roadway has been ongoing since 2006. Most recently on July 20, 2021, a neighborhood meeting
was held to discuss the project and its complexities. Assessments, traffic and changing of the area were the
largest concerns from the group.
This report identifies properties deriving benefit from the proposed improvements. The proposed street
improvements described later in this report will provide benefit to the adjacent residential properties, as well
as the residential properties that take access off of Dell Road. The proposed sanitary sewer and water
improvements will provide benefit to many of the same residential properties described above as it will
provide the benefitting properties with the ability to connect to individual service lines, obtain access to City
utilities directly (or with mainline extensions), or at the time of future development for some of the larger
parcels. For the identified Improvement Area, we estimate a total of 78 residential units, which includes
potential developable units for properties along Dell Road and Turnbull Road. Later in this report, the
proposed assessment rates will be described for each benefitting component of the proposed improvements.
The parcel acreage, potential units, estimated assessments, connection fees, etc. is shown on the attached
Preliminary Assessment Roll.
II. STREET AND TRAIL IMPROVEMENTS
The street and trail segments proposed for improvement are shown on Figure No. 1. The existing road
within the project area varies between a typical city collector section with curb and gutter, a narrow rural
paved section and a narrow gravel section. The narrow gravel and rural paved sections make up most of the
Improvement Area. An improved street with adequate structure, storm drainage and pedestrian facilities is
needed to support the residential development that has and is occurring in this area as well as provide safer
curves and flatter grades on a slightly adjusted horizontal alignment.
This segment of Dell Road is functionally classified as a major collector and is on the City’s municipal state
aid system. The recommended street section is a 32-foot wide (as measured from back-of-curb to back-of-
curb) urban two-lane road with concrete curb and gutter. A new eight-foot bituminous trail separated by a
Page 5
5-foot turf boulevard is proposed along the west/south side that will extend the existing trail on Dell Road
southerly to the existing trail along Flying Cloud Drive that was completed as part of the County’s CSAH
61 project in 2020. The County’s project provided an improved three-lane county highway with a ten-foot
bituminous trail along the north side. As part of the County’s project, the intersection with Dell Road was
raised to accommodate a safer approach to Flying Cloud Drive from Dell Road.
The proposed Dell Road will be designed to meet MnDOT State Aid Standards including both vertical
and horizontal curves. Vertical grades will aim to be less than or equal to 10% throughout with
horizontal curves meeting a 30-mph design, but a variance may be required considering the constraints
within the existing corridor. The City’s typical collector street section is estimated to include 1.5-inch
bituminous wear course, 2-inch bituminous base course, 10-inches of Class 5 aggregate base and an 18-
inch sand section. The proposed trail is to be 2.5-inches of bituminous pavement over 8-inches of Class
5 aggregate base. The final street and trail section recommendations will be made following a
geotechnical evaluation to be completed with the final design phase of the project.
The intersection of Dell Road and Turnbull Road will be reconstructed with the landing of Turnbull
Road improved for a safer intersection as Turnbull Road currently approaches Dell Road at a
downslope. It is intended that the proposed curb on Dell Road will wrap around to Turnbull Road, but
no further curb improvements will extend on Turnbull Road. Bituminous improvements involved with
flattening the grade are anticipated with the project and could extend approximately 200-feet to the east.
The varied terrain throughout the corridor will require construction of retaining walls to reduce impacts
to adjacent properties as compared to graded slopes outside of the roadway section. Retaining walls are
proposed as precast large block modular gravity walls estimated at 5 to 20-feet in height, however,
alternative wall designs built to lessen construction limits could be required during final design. Where
retaining walls are not necessary, slopes will be constructed to maximum 3H:1V to tie-in to existing
ground.
The proposed street and trail assessments for the adjacent and accessing properties along Dell Road will be
based on the cost of an equivalent 28-foot residential street with an eight-foot bituminous trail along the
west and south side of the road. The assessable street cost will include only the portion of the roadway and
trail from the north tie-in point on Dell Road (where the curb and gutter improvements end) to a point
approximately 300 feet south of Turnbull Road not including approximately 400 feet of the Riley
Creek/floodplain area. This is shown on Figure No. 2. The remainder of the costs for the new roadway and
trail to Flying Cloud Drive, as well as the extra roadway width, retaining walls, culvert crossing and grading
is proposed to be a City cost.
The estimated construction cost for the street and trail improvements, including grading, retaining walls and
a 10% contingency, is $4,400,000. The estimated total project cost for street and trail improvements
including 25% for engineering and testing for the City portion and an additional 10% for the assessable
portion (due to additional administration and interim financing costs) is $5,600,000. The estimated total
project cost for the assessable portion of street and trails is $1,203,100. The assessable costs are made up of
a current assessment rate per unit of $16,300. Previously developed/or divided properties within the
Improvement Area have pending development agreement assessments for Dell Road Improvements totaling
$9,800 per unit dating back to 2003. The balance of the street, trail, grading, and retaining wall costs
(estimated at $4,396,900) will be funded with Municipal State Aid funds.
Page 6
The proposed street and trail assessment rate is based on the potential of 69 residential lot units (not
including the 9 units of previous pending assessments) that are adjacent or take access from this portion of
the roadway. This is the most equitable method of distributing street improvement costs due to the variable
frontages, unique geography and limited access points of the benefitting properties.
The proposed assessment for the street improvements for each parcel is shown on the Preliminary
Assessment Roll.
III. STORM DRAINAGE IMPROVEMENTS
The existing corridor is a rural roadway relying on ditches and sheet flow to drain stormwater and a 72”
corrugated metal pipe culvert conveying Riley Creek from west to east under Dell Road. The southerly
500 feet of Dell Road was reconstructed as part of the Flying Cloud Drive improvements in 2020 and
included raising the intersection and adding curb and gutter with storm sewer that discharges directly
into a wetland that ultimately flows to Rice Lake south of Flying Cloud Drive. All rate control and water
quality improvements associated with the Flying Cloud Drive reconstruction project were aggregated
within a filtration BMP located approximately 0.5 miles west of the Dell Rd Intersection near the
entrance to Richard T. Anderson Park. A small rate control basin was constructed in the southwest
corner of the Dell Road and Riley Creek crossing by the city in 2016 to stabilize an eroding bank.
The construction of an urban roadway section will require storm sewer to convey and treat drainage.
Riley Creek has a history of erosion due largely to uncontrolled Dell Road runoff. The proposed
drainage system will split discharge with a portion of the drainage to Riley Creek and a portion to
drainage basins near Flying Cloud Drive. Storm water will be treated by an infiltration BMP located on
the east side of Dell Road just south of Riley Creek, in accordance with requirements from the Riley-
Purgatory-Bluff Creek Watershed District (RPBCWD). The project exists within both the RPBCWD
and the Lower Minnesota River Watershed District (LMRWD), and as such must be permitted with each
watershed district (refer to Figure No. 3 for proposed storm drainage improvements).
In addition to the proposed drainage system associated with the urban roadway improvements, the
project also includes the replacement of the 72” corrugated metal pipe culvert carrying Riley Creek
under Dell Road. A concrete box culvert meeting RPBCWD rules and municipal state aid standards is
proposed for the replacement. This work will likely be done under a road closure due to its deep
excavation and associated construction limits.
The shared private driveway that serves five homes within the Meadowcroft and Doyle addition
developments intersects Dell Road north of Riley Creek. The private driveway traverses south to the
homes, and in doing so, crosses Riley Creek. This report analyzes the cost and feasibility of lining the
existing private culvert which conveys the creek. The City has been approached by a representative of
the developments requesting improvements to the culvert be completed as a part of the City’s Dell Road
improvements and the costs specially assessed to the benefitting properties. Cured in place pipe lining of
the culvert is being considered as an alternative to completely replacing the culvert in an effort to
minimize the restoration costs that would typically accompany a deep, open trench excavation of the
culvert while still improving the structural integrity of the culvert. The estimated costs of the private
improvements are $188,300. This project component will be bid and costs tracked separately from all
other Dell Road improvements and will be 100% assessed back to the benefitting units upon receipt of a
petition and signing of a special assessment agreement. See Figure No. 3 showing private improvements
and related parcels.
Page 7
As shown in Table No. 1, the total construction cost for storm drainage (not including the private storm
sewer work) is $1,067,600. The storm sewer infrastructure improvements and the treatment/infiltration
facilities will be funded with a combination of Municipal State Aid and storm water utility funds.
IV. SANITARY SEWER AND WATERMAIN IMPROVEMENTS
Sanitary Improvements
This feasibility report considered several options to extend sanitary sewer south of the Riley Creek
crossing that would serve not only those properties along Dell Road, but also future development needs
in the area, specifically along Turnbull Road.
The recommended option is the construction of a public lift station. The public lift station is proposed to
be sited north of Riley Creek near the low point in the alignment and will pump wastewater through a 4”
forcemain west and north to the existing sanitary sewer manhole located just south of the improved Dell
Road section. The construction of 8” PVC gravity sewer would extend from the lift station southeast
along Dell Road to Turnbull Road, and in the future, to the east within Turnbull Road to the last parcel
able to be served via a gravity system (approximately 10001 Dell Road). 4” PVC sanitary sewer services
are proposed to be stubbed to each property along Dell Road as applicable. The lift station is proposed
as a submersible dual-pump system with controls meeting City of Eden Prairie public works
requirements. Figure No. 4 illustrates the public lift station layout as well as future utility installations.
Other options to extend sanitary sewer within Dell Road and along Turnbull Road in the future included
low pressure 3” sanitary forcemains where each homeowner would connect to the forcemain with
privately owned grinder pumps. Extension of the forcemains extended both east to the existing Beverly
Drive sanitary system and west to the existing sanitary system on Dell Road.
In the interest of best serving all the properties along Dell Road and along Turnbull Road equitably in
the future, the recommended sanitary sewer option is the public lift station. That will provide gravity
sanitary sewer options for properties along Turnbull Road in the future. This doesn’t eliminate the
possibility of private grinder pumps needed along Turnbull Road as many of the existing properties have
their septic systems located downhill from the roadway. Gravity options would still exist from the end of
the Beverly Drive system and the Reeder Ridge development to capture the parcels at the end of
Turnbull Road that are unable to reach the Dell Road system by gravity.
Watermain Improvements
Watermain improvements consist of the extension of 12” trunk watermain in Dell Road from the
existing stub near Crestwood Terrace to Turnbull Road, connection to the Meadowcroft stub, and
termination of the watermain extension at Turnbull Road with a hydrant and stub towards Turnbull Road
at the terminus. Connection to the City’s watermain at Meadowcroft and extension of the proposed 12”
trunk watermain along Turnbull Road in the future will both complete necessary watermain loops and
improve water quality and reliability for the City’s distribution system. Figure No. 4 illustrates the
proposed watermain layout.
Water services of 1-inch are proposed along the watermain length to service existing parcels, as
Page 8
applicable, and also the future subdivision of parcels. Hydrants and gate valves are proposed along the
length of watermain to provide better fire protection and maintenance ability.
Analysis of the trunk watermain indicates a high-pressure potential at the Riley Creek crossing,
estimated to be about 110 psi. A valve, hydrant and manhole for pressure monitoring at this low point
have been included in the opinion of probable cost for maintenance purposes.
V. PROJECT COST SUMMARY
Table No. 1 summarizes the estimated costs for the various components of the project. These costs are
based upon anticipated construction costs assuming adequate subsurface soil conditions, as well as a 10%
contingency, 25% estimated engineering and testing costs, 9% administration fee, and 1% interim financing
costs. Any right-of-way or easement costs associated with this project are not included in any cost
estimates. These unknown costs will become project costs determined during final design and will be
funded with Municipal State Aid funds.
Any homesteaded properties that are generally un-developed will be granted a deferment of all assessments
except an equivalent single unit of street and trail assessment until the property subdivides based on the
City’s Special Assessment Policy. Non-homesteaded parcels will be granted a deferment on all
assessments until the time of development or connection. Since homesteaded and non-homesteaded
properties will be charged a connection fee at the time of development or connection to city utilities, the
exclusion policy (having a functional on-site system) for homesteaded parcels will not apply.
In addition to the street and trail assessments proposed in this report, each benefitted property is subject to
trunk utility assessments. Based on the City’s Special Assessment Policy, it is proposed to levy trunk
assessments in the year subdivision/development approvals are granted to a property or the determination of
lateral benefit. For this project, the determination of lateral benefit will be at the time of connection.
Homesteaded parcels will be subject to a trunk utility (sewer and water) assessment of $520 for the first half
acre, with the balance of the developable acreage subject to the prevailing acreage rate (2023 rate =
$9,526.00 per acre) at the time of development or connection. Utility connection fees, for sanitary sewer
and water, will be charged at the prevailing rate at the time of development or connection based on the
actual developed, subdivided or connected units.
This report proposes to apportion assessable project costs to identified benefitting properties on a unit or lot
unit basis. Potential units have been estimated for each of the benefitting properties that are currently un-
developed or under-developed based on a review of the properties and their development potential, as well
as taking into account existing topography and Metropolitan Urban Service Area (MUSA) boundaries.
VI. CONCLUSIONS AND RECOMMENDATIONS
Based on this study, Improvement Contract No. 17-5990 is feasible, cost effective, necessary, and the
resulting benefit will equal or exceed the proposed assessments to the abutting and benefitting properties. It
is therefore recommended that the Eden Prairie City Council proceed with the project on a schedule similar
to the one suggested in this report.
Page 9
CITY OF EDEN PRAIRIE
NOTICE OF HEARING ON PROPOSED
PUBLIC WORKS IMPROVEMENTS
I.C. 17-5990
_________________________________________________________________
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the City Center, 8080
Mitchell Road, at 7:00 p.m. January 16th to consider the making of the following described improvements:
I.C. 17-5990 – Street, Storm Drainage, Sanitary Sewer and Watermain improvements on Dell Road.
The project includes grading, pavement, curb and gutter, retaining walls, storm sewer, sanitary
sewer, lift station, forcemain, watermain, and trail. The area proposed to be assessed lies in Section
29 and 30, Township 116, Range 22.
The total estimated project cost is $8,392,600.
Pursuant to Minnesota State Laws, Section 429.011 to 429.111, the area proposed to be assessed for such
improvements is all that property within or abutting on the above described limits. Written or oral
comments relating to the proposed improvements will be received at this meeting.
By Order of the City Council
City Clerk
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Publish:
Eden Prairie Sun Sailor
January 4 and January 11, 2024
Page 10
PROJECT SCHEDULE
(I.C. 17-5990)
November 14, 2023 City Council to Receive Feasibility Report
December 28, 2023 Deliver Notice of Public Hearing to Eden Prairie Sun Current
Publish January 4 and January 11, 2023
January 4, 2024 Mail Notice of Public Hearing to Public
January 16, 2024 Hold Public Hearing, Order Improvements and Preparation of Plans and
Specifications
February 2024 Approve Final Design Agreement with City Consultant
September 17, 2024 Approve Plans and Specifications and Order Advertisement of Bids
Advertise for Bids in Eden Prairie Sun Current and online QuestCDN on
October 10 (estimated)
October 31, 2024 Open Bids (estimated)
November 12, 2024 Award Contract (estimated)
November 2025 Substantial Completion
July 2026 Final Completion
October 2026 Final Assessment Hearing
Spring 2027 Assessments First Appear on Tax Statements
Page 11
TABLE NO. 1
ESTIMATED COSTS
EDEN PRAIRIE IMPROVEMENT CONTRACT NO. 17-5990
DELL ROAD IMPROVEMENTS
STREET and UTILITIES
Street
Storm
Drainage
Sewer and
Water Total
Total Project Cost1 $5,600,000 $1,067,600 $1,725,000 $8,392,600
Total City Cost $4,396,900 $1,067,600 $1,725,000 $7,189,500 (86%)
Project Assessment Cost2 $1,203,100 NA NA 1,203,100 (14%)
1 Includes construction, 10% construction contingency, and 25% for engineering and testing
2 Includes additional 10% beyond the project costs for financing and administration
PARCEL P.I.D. NO. ADDRESSOWNERHMSTD GROSS FOOT POTENTIALESTIMATEDNO.NOTESUNITS AMOUNT1 30-116-22-41-0002 9905 Dell Rd Mable Marshall Revocable TrustY 30.53 552 52 $847,600.00 $847,600.002 29-116-22-32-0005 9991 Dell Rd Sasan MokhtariY 3.63 522 $32,600.00 $32,600.003 30-116-22-44-0011 10020 Dell Rd Shannon Joint Revocable TrustY 10.66 533 $48,900.00 $48,900.004 30-116-22-44-0013 9989 Dell Rd Bahman RazmpourN 1.46 5. 7. 11 $9,800.00$9,800.005 30-116-22-44-0014 9993 Dell Rd Ajay GeorgeN 1.33 5. 7. 11 $9,800.00$9,800.006 29-116-22-33-0016 9995 Dell Rd Robert StandalY 1.11 511 $16,300.00 $16,300.007 29-116-22-33-0017 9997 Dell Rd Husam KamshehY 1.20 511 $16,300.00 $16,300.008 29-116-22-33-0019 9998 Dell Rd Robert GrootwassinkN 1.45 522 $32,600.00 $32,600.009 29-116-22-33-0020 9999 Dell Rd Tim McLaughlinY 1.64 522 $32,600.00 $32,600.0010 29-116-22-33-0014 10001 Dell Rd Charles DemersY 6.16 533 $48,900.00 $48,900.0011 29-116-22-33-0009 10003 Dell Rd Robert WenglerN 7.08 533 $48,900.00 $48,900.0012 30-116-22-41-0004 9980 Dell Rd Andrew J CostiganY 1.87 711 $4,900.00$4,900.0013 30-116-22-41-0005 NAMargaret DoyleY 2.34$0.0014 30-116-22-41-0003 NAMargaret DoyleY 0.57 711 $4,900.00$4,900.0015 30-116-22-44-0012 9924 Dell Rd Margaret DoyleY 6.69 711 $9,800.00$9,800.0016 30-116-22-43-0016 9942 Dell Rd L Timothy & Karen Anderson Living Trust Y 0.70 711 $9,800.00$9,800.0017 30-116-22-43-0015 9950 Dell Rd Steven E. BrownY 6.16 711 $9,800.00$9,800.0018 30-116-22-43-0014 9958 Dell Rd David LinY 1.24 711 $9,800.00$9,800.0019 30-116-22-43-0013 9966 Dell Rd Paul PihlY 1.75 711 $9,800.00$9,800.0078 78 $1,203,100.00 $1,203,100.00STREET (2. 3.)PRELIMINARY ASSESSMENT ROLLDELL ROADEDEN PRAIRIE, MINNESOTAI.C. 17-5990Y OR NNote: Homesteaded properties will be subject to a trunk sewer and water assessment of $520 for the first half acre with the balance of the parcel's developable acreage (if applicable) subject to the prevailing acreage rate for trunk assessments at the time of development or connection. Any homesteaded parcel that has development potential will be assessed the equivalent of one full unit of assessment with the balance of the assessment deferred with interest until the time of development. Assessments for non-homesteaded and vacant parcels will be deferred with interest until the time of development or connection.7. Dell Road Improvements assessed as part of previous development agreement1. With the existing topography, potential units are based on a general determination of potential developable or buildable areas taking into account steep slopes and subdivision potential.2. Based on an assessment rate of $16,300 per unit for an equivalent 28' wide street and 8' trail.3. Based on an assessment rate of $9,800 per unit for Dell Road improvements as part of the Meadowcroft and Doyle Addition Development Agreements.AC TOTAL ASSESSMENT (6. 4.)5. Subject to additional trunk assessments at the time of development or connection to utilities (at the prevailing rate).UNITS (1.)4. Utility connection fees will be charged at the prevailing rate at the time of development or connection based on actual developed or connected units (units are estimated). 2023 connection fee is $24,227 per connection (60% for sanitary sewer and 40% for water).6. Excludes future connection fees and trunk assessments.TOTALSG:\Public Works\Engineering\IC#S\1-ACTIVE Folders\5990-17 Dell Road - Crestwood Ter to CSAH 61\05 Docs\Feasibility Study\Preliminary Assessment Roll Dell Rd
LEGEND
ASSESSMENT BOUNDARY
ROAD IMPROVEMENTS
TRAIL IMPROVEMENTS
DELL ROAD
FLYING CLOUD DRIVE
CRESTWOOD TERRACE
OVERLAN
D
T
R
L
TURNBULL ROAD
G:\Engineering\IC#s\1-ACTIVE Folders\5990-17 Dell Road - Crestwood Ter to CSAH 61\06 Design\CAD\Assessment\xSite.dwgCity of Eden Prairie
Dell Road ImprovementsDATE: 11/6/2023 IC# 17-5990
Improvement Area / Assessment Boundary FIG-1
NORTH
ROAD IMPROVEMENTS
TRAIL IMPROVEMENTS
LEGEND
BENEFITING PROPERTIES, 28-FOOTEQUIVALENT STREET AND TRAILASSESSMENT RATE @ $16,300/UNIT
ASSESSABLE STREET AND TRAILIMPROVEMENTS
CULVERT REPLACEMENT AREA NOTINCLUDED IN ASSESSMENT
PREVIOUSLY ASSESSED PROPERTYTHROUGH DEVELOPMENT AGREEMENT
FLYING CLOUD DRIVE
CRESTWOOD TERRACE
OVERLAND
T
R
L
TURNBULL ROAD
DELL ROAD
G:\Engineering\IC#s\1-ACTIVE Folders\5990-17 Dell Road - Crestwood Ter to CSAH 61\06 Design\CAD\Assessment\Figure 2 Street and Trail Improvements.dwgCity of Eden Prairie
Dell Road ImprovementsDATE: 11/6/2023 IC# 17-5990
Street And Trail Improvements FIG-2
NORTH
LEGEND
IMPROVEMENT AREA
PROPOSED STORM STRUCTURE
PROPOSED STORM SEWER MAIN
DELL ROAD
FLYING CLOUD DRIVE
CRESTWOOD TERRACE
OVERLAND
T
R
L
CULVERT REPLACEMENT
CONNECT TO EXISTING
PRIVATE STORM CULVERT POTENTIAL STORM POND
TURNBULL ROAD
G:\Engineering\IC#s\1-ACTIVE Folders\5990-17 Dell Road - Crestwood Ter to CSAH 61\06 Design\CAD\Assessment\Figure 3 Storm Drainage Improvements.dwgCity of Eden Prairie
Dell Road ImprovementsDATE: 11/1/2023 IC# 17-5990
Storm Drainage Improvements FIG-3
NORTH
LEGEND
IMPROVEMENT AREA
PROPOSED SANITARY STRUCTURE
PROPOSED WATER STRUCTURE
PROPOSED 8" SANITARY SEWER
PROPOSED 12" WATER MAIN
DELL ROADFLYING CLOUD DRIVE
CRESTWOOD TERRACE
OVERLAND
T
R
L
CONNECT TO EXISTING
TURNBULL ROAD
EXISTING WATER MAIN
LIFT STATION
G:\Engineering\IC#s\1-ACTIVE Folders\5990-17 Dell Road - Crestwood Ter to CSAH 61\06 Design\CAD\Assessment\Figure 4 Sanitary Sewer Water Main Improvements.dwgCity of Eden Prairie
Dell Road ImprovementsDATE: 11/1/2023 IC# 17-5990
Sanitary Sewer & Water Main Improvements FIG-4
NORTH
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-__ RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING
I.C. 17-5990 WHEREAS, pursuant to a resolution of the city council adopted March 15, 2022, a report has been prepared by the City Engineer and received by the City Council on November 14, 2023,
recommending the following improvements to wit:
I.C. 17-5990 Dell Road Street and Utility Improvements WHEREAS, the report provides information regarding whether the proposed improvements are
feasible, cost-effective, and necessary; whether it should best be made as proposed or in connection
with another improvement; the estimated cost of the improvements as recommended; and a description of the methodology used to calculate assessments for affected parcels.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
1. The council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429, at an estimated total cost of
the improvements of $8,580,900.
2. A public hearing shall be held on such proposed improvements on the 16th day of January 2024 in the council chambers at 7:00 p.m. at the Eden Prairie City Hall, 8080 Mitchell Road. The City Clerk shall give mailed and published notice of such hearing on the
improvements as required by law.
ADOPTED by the Eden Prairie City Council on November 14, 2023.
____________________________________ Ronald Case, Mayor ATTEST: SEAL
______________________________ David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION Consent Calendar
DATE:
Nov. 14, 2023
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: I.C. 24816
Approve Professional Services Agreement with Erickson Engineering Co., LLC for 2024/2025 Bridge Safety Inspections
ITEM NO.:
VIII.E.
Requested Action
Move to: Approve Professional Services Agreement with Erickson Engineering for 2024/2025 Bridge Safety Inspection Services in the amount of $37,000.00. Synopsis
This agreement provides bridge safety inspection services for 45 bridges currently on MnDOT’s Structural Information Management System (SIMS) inventory. Any bridge or structure within public right-of-way with a span of at least ten feet is required to be inspected annually or bi-annually.
These safety inspections provide documentation of any damaged or deteriorated components and will recommend any necessary remedial action.
Attachment Professional Services Agreement
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the _14th_ day of November, 2023 _, between the
City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell
Road, Eden Prairie, MN 55344, and Erickson Engineering Co. LLC _ (“Consultant”), a Minnesota
___Corporation_ (hereinafter “Consultant”) whose business address is _9531 W 78th St – Suite
100 Eden Prairie, MN 55344_.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of professional services by
Consultant for_2024-2025 Bridge Safety Inspections (IC No. 24816)_ hereinafter referred to as
the “Work”.
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A ( Erickson Engineering Proposal Letter Dated October 20, 2023) in connection
with the Work. Exhibit A is intended to be the scope of service for the work of the
Consultant. Any general or specific conditions, terms, agreements, consultant or industry
proposal, or contract terms attached to or a part of Exhibit A are declined in full and,
accordingly, are deleted and shall not be in effect in any manner.
2. Term. The term of this Agreement shall be from _November 14, 2023 through
_November 30, 2025_ the date of signature by the parties notwithstanding. This
Agreement may be extended upon the written mutual consent of the parties for such
additional period as they deem appropriate, and upon the terms and conditions as herein
stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 37,000.00 for the services as described in
Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
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c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress
summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
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b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such
suspension.
c. Payments for Special Consultants. The Consultant shall be reimbursed for the work
of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that
this account, claim, or demand is just and correct and that no part of it has been
paid.”
6. Project Manager and Staffing. The Consultant shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the
City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss,
or damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services
rendered and reimbursable expenses until the effective date of termination. If however, the
City terminates the Agreement because the Consultant has failed to perform in accordance
with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails
within that time to pay the subcontractor any undisputed amount for which the Consultant
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has received payment by the City, the Consultant shall pay interest to the subcontractor on
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
10. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. If Consultant’s insurance does not afford coverage on behalf of subcontractors,
Consultant must require and verify that all subcontractors maintain insurance meeting
all the requirements of this paragraph 11, and Consultant must include in its contract
with subcontractors the requirement that the City be listed as an additional insured on
insurance required from subcontractors. In such case, prior to a subcontractor
performing any Work covered by this Agreement, Consultant must: (i) provide the City
with a certificate of insurance issued by the subcontractor’s insurance agent indicating
that the City is an additional insured on the subcontractor’s insurance policy; and (ii)
submit to the City a copy of Consultant’s agreement with the subcontractor for purposes
of the City’s review of compliance with the requirements of this paragraph 11.
c. Consultant shall procure and maintain the following minimum insurance coverages and
limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
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$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or
work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
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k. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement. The Professional
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage
resulting from the negligence or fault of anyone other than the Consultant or others for
whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
o. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing.
p. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory
evidence that Consultant has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Consultant of any deficiencies in such documents and receipt thereof shall
not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the
terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
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of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. City will indemnify and hold Consultant harmless
from and against any loss for injuries or damages arising out of the negligent acts of the
City, its officers, agents or employees.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and the
Consultant also may use the Information for its purposes. Use of the Information for the
purposes of the project contemplated by this Agreement (“Project”) does not relieve any
liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
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the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost of
mediation shall be shared equally between the parties. Mediation shall be held in the City
of Eden Prairie unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the
former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the
rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire
agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any
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previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified applicants will receive consideration for
employment. The Consultant shall incorporate the foregoing requirements of this
paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address listed
on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence
to run one business day after any such mailing or deposit. A party may change its address
for the service of notice by giving written notice of such change to the other party, in any
manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions.
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a. Audit Disclosure. The books, records, documents and accounting procedures and
practices of the Consultant or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data
Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected,
received, stored, used, maintained, or disseminated by Consultant in performing any of the
functions of the City during performance of this Agreement is subject to the requirements
of the Data Practice Act and Consultant shall comply with those requirements as if it were
a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________ ___ _____
Mayor
______________________________ _____
City Manager
CONSULTANT
_______________________________________
By:
Its:
Vice President
City of Eden Prairie – 2024/2025 Bridge Safety Inspections
Erickson Engineering Co., LLC, Engineering Services Agreement 23077
Page 1 of 2
CONTENTS
A PROJECT DESCRIPTION .................................................................................................................................... 1
B SERVICES ............................................................................................................................................................ 1
1.0 Bridge Safety Inspections ........................................................................................................................ 1
C COMPENSATION ................................................................................................................................................. 2
D TIMELINE .............................................................................................................................................................. 2
E TIME AND MATERIALS RATES .......................................................................................................................... 2
A PROJECT DESCRIPTION
The City of Eden Prairie has 45 bridges listed on MnDOT’s Structure Information Management System
(SIMS) bridge inventory that require safety inspections during 2024/2025 inspection cycle. The bridges are on
either 12-month, 24-month, or 48-month inspection intervals and consist of a variety of structure types
including steel beam, steel truss, concrete slab, prestressed quad tee beam, concrete box culvert, concrete
pipe-arch culvert, steel pipe culvert, and steel pipe-arch culvert.
Erickson Engineering is proposing to perform the bridge safety inspections in accordance with MnDOT and
National Bridge Inspection Standards (NBIS) regulations. Erickson Engineering will perform the necessary
inspections for calendar years 2024 and 2025.
B SERVICES
In this document, “Client” refers to the City of Eden Prairie and “Consultant” refers to Erickson Engineering
Co., LLC.
The Consultant agrees to provide the following services to the Client in connection with the aforementioned
project, according to the terms of this agreement.
1.0 BRIDGE SAFETY INSPECTIONS
1.1 The Consultant will conduct safety inspections of required bridges included in MnDOT’s SIMS
bridge inventory for the City of Eden Prairie. Inspections will be performed for calendar years
EXHIBIT A
ENGINEERING SERVICES AGREEMENT between
CITY OF EDEN PRAIRIE
and
ERICKSON ENGINEERING CO., LLC
for performing bridge safety inspections for 45 bridges
during the 2024/2025 inspection cycle
Erickson Engineering Agreement 23077, October 30, 2023
Erickson Engineering Co., LLC
9531 W 78th St – Ste 100
Eden Prairie, MN 55344
ph 952-929-6791, 800-545-8020
fx 952-929-2909
info@ericksonengineering.com www.ericksonengineering.com
Tom Wilson, P.E., Vice President 612-249-0839 twilson@ericksonengineering.com
ERICKSON
ENGINEERING
City of Eden Prairie – 2024/2025 Bridge Safety Inspections
Erickson Engineering Co., LLC, Engineering Services Agreement 23077
Page 2 of 2
2024 and 2025. The inspections will be performed by a certified Team Leader in accordance with
MnDOT and National Bridge Inspection Standards (NBIS) regulations. Results of each inspection
will be entered into SIMS by the Team Leader.
1.2 The Consultant will determine if any structures are eligible for a change of inspection frequency,
and if so, submit an inspection frequency change request to the MnDOT Bridge Management
Unit.
1.3 The bridge safety inspections will be reviewed and approved by a Program Administrator
provided by the Consultant. The Program Administrator will be certified in accordance with
MnDOT and National Bridge Inspection Standards (NBIS) regulations.
C COMPENSATION
Compensation in full for the work described in section B Services will be on a Cost Plus (Time and Materials)
basis, which includes the Consultant’s profit. Section E shows the Consultant’s Time and Materials rates,
and these rates are a part of this agreement.
Fees and payment for services listed in this agreement will be as follows:
Services:
1.1 - 1.3 $ 37,000.00
$ 37,000.00
Bridge Safety Inspections
TOTAL (NOT-TO-EXCEED)
Estimated Fee:
D TIMELINE
Task Completion Date
1.11.3 Bridge Safety Inspections ......................................................................... October 2025
E TIME AND MATERIALS RATES
TITLE RATE/HR
Vice President $ 190.00
Program Administrator $ 185.00
Project Manager $ 130.00 - $ 155.00
Project Engineer $ 100.00 - $ 130.00
Design Engineer $ 80.00 - $ 100.00
Senior Technician $ 144.00
Engineering Technician $ 80.00 - $ 105.00
Certified Inspector $ 95.00 - $ 135.00
Mileage Rate $ 0.65/mile
Rates may be adjusted annually to reflect cost of living increases.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Nov. 14, 2023
DEPARTMENT/DIVISION:
Joe Dusek
Public Works / Utilities
ITEM DESCRIPTION: #19811
Approve Change Order for the Well 17 Construction and Transmission Line Project
ITEM NO.:
VIII.F.
Requested Action
Move to: Approve Change Order for the Well 17 Construction and Transmission Line Project in the amount of $56,940.41. Synopsis
This Change Order consists of a few unforeseen issues that were not identified prior to the start of construction. The items on this change order include 1) Removal of asphalt trail paving from original contract. 2) Additional excavation and investigation to connect new watermain to existing watermain, which includes additional material costs. 3) Manhole repairs done to
existing manhole, which includes fixing the manhole to prevent future infiltration by water. 4) Additional stone material purchased to remove the high percentage of white stone from original stone masonry on well house exterior walls. Background Information
With Eden Prairie’s projected population growth, it would have become difficult to provide all the water that the community will require without expanding our water supply. Increased community water conservation steps have helped significantly and will continue to be necessary to obtain approval for additional wells in the future.
Well 17 has been drilled and is located at 14600 Village Woods Drive. The construction phase of this project is underway and includes construction of the well house with all associated piping, mechanical, and electrical components. It also included the engineering and installation of the transmission line, which will deliver the well water to the treatment plant.
Funds for this project are available and will be paid from Water Access Charges (WAC). Attachment
Attach 1 - Change Order
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
November 14, 2023
DEPARTMENT/DIVISION:
Patrick Sejkora
Public Works / Engineering
ITEM DESCRIPTION: #21823
Approve Change Order No. 2 for the Pond 23-43-C Dredging Project
ITEM NO.:
VIII.G.
Requested Action
Move to: Approve Change Order No. 2 for the Pond 23-43-C Dredging Project in the amount of $153,945.00. Synopsis
Change Order No. 2 consists of renegotiated unit prices associated with resuming work for the project. In February 2023, the project was suspended due the end of the winter construction season with only a portion of the pond being dredged. The pond proved more difficult to dredge than anticipated due to the exceedingly soft material within the pond, lack of a workable pond
bottom, limited access around the pond due to existing homes, the large drainage area coming to the pond, the unusually warm winter conditions last season, and a water main break that drained water to the pond. The increased costs provided by Minger reflect higher wages and mobilization costs than when the project was originally bid, in addition to reflecting the challenging conditions to excavate material from the pond. To date, the project costs for bid items on the
original contract is $179,483.00 of the original contract value of $231,654.75. With this change order and one previous, Staff estimates total project costs for construction of approximately $333,500.00. Staff recommends approval of the changes. Background Information
This project includes the removal of sediment from stormwater pond 23-43-C, a historic wetland located off Welters Way. The pond has not been dredged previously and has a significant build up of sediment. This sediment has limited the pond’s effectiveness at removing stormwater pollutants and posed maintenance problems for the City’s stormwater infrastructure. This pond is
of considerable water quality significance, given it receives runoff from a significant area, including Neill Lake, and is the last pond prior to discharge to Purgatory Creek. Financial Implications
All costs will be funded by the Stormwater Utility fund. Attachment Change Order No. 2
November 14, 2023 CHANGE ORDER NO. 2 Project: Priority Pond Dredging Eden Prairie, Minnesota City Project No. 21823
To: Minger Construction Companies, Inc. You are hereby directed to make the changes noted below in the contract. NATURE OF CHANGE TO CONTRACT Following the bidding of the project, only a portion of the pond was dredged during the winter construction season. This was due to poor weather conditions, limited access around the pond, and more difficult working conditions within the pond than expected. In order to dredge additional parts of the pond altered the scope of work which included adding bid items and changing the access location to the pond. The resultant changes are a result of the additional scope items and renegotiated
unit pricing for remaining work items. To date, the project costs for bid items on the original contract is $179,483.00. For more detail, see the attached project revisions detail sheet. ORIGINAL CONTRACT AMOUNT $ 231,654.75 TOTAL ADDITONS $ 160,925.76 TOTAL CHANGE RESULTING FROM THIS CHANGE ORDER $ $153,945.00 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 392,580.51
THE ABOVE CHANGES ARE ACCEPTED: Minger Construction Companies, Inc. CITY OF EDEN PRAIRIE By By
City Manager Date ` Date By
Mayor Date
To:Contact:City of Eden Prairie
Eden Prairie Pond Improvements (Pond 23-43-C)Project Name:Bid Number:
Fax:
Address:Eden Prairie, MN 55344 Phone:(952) 949-8300
Project Location:Bid Date:
Eden Prairie Pond Improvements PH 2
Total PriceUnit PriceUnitItem DescriptionItem #Estimated Quantity
1 1.00 LS $23,000.00 $23,000.00Mobilization
2 1.00 LS $14,500.00 $14,500.00Temporary Earthern Dam (2) And Dewatering
3 1.00 LS $2,500.00 $2,500.00Clearing And Grubbing
4 4.00 EACH $625.00 $2,500.00Tree Removal
5 1.00 LS $1,800.00 $1,800.00Traffic Control
7 100.00 LF $4.15 $415.00Silt Fence Or Approved Equal Perimeter Control
8 5.00 EACH $175.00 $875.00Inlet Protection Maintained
9 1.00 LS $2,600.00 $2,600.00Temporary Rock Construction Entrance
12 30.00 SY $4.80 $144.00Hydroseed MnDOT Seed Mix 34-261 (Wetland RiparianCentral, Southern, And Western MN)
13 145.00 SY $4.80 $696.00Hydroseed MnDOT Seed Mix 25-131 (Commercial Turf)
Or Approved Equivalent15 20.00 HR $192.00 $3,840.00Street Sweeper (with Pickup Broom)
16 175.00 SY $4.80 $840.00Hydraulic Erosion Control Product - Stabilized FiberMatrix
17 923.00 CY $90.00 $83,070.00Muck Excavation And Offsite Disposal
19 1.00 LF $9,000.00 $9,000.00Mud Mats Or Approved Equal
20 1.00 EACH $1,900.00 $1,900.00Irrigation And Pet Containment System Repair
26 100.00 LF $10.50 $1,050.00Salvage Iron Fence
27 5.00 TON $323.00 $1,615.00River Rock
28 2.00 EACH $900.00 $1,800.00Tree Replacement
29 2.00 EACH $900.00 $1,800.00Aborvitae Replacement
Total Bid Price: $153,945.00
ACCEPTED:
The above prices, specifications and conditions are satisfactory and are hereby accepted.
Buyer:
Signature:
Date of Acceptance:
CONFIRMED:
Minger Construction Co., Inc.
Authorized Signature:
Estimator:Wyatt Held
9/26/2023 5:09:48 PM Page 1 of 1
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
Nov. 14, 2023
DEPARTMENT / DIVISION
Police Department
Chief Matt Sackett
ITEM DESCRIPTION
Approval of West Metro Drug Task Force Cooperative Agreement
ITEM NO.
VIII.H.
Requested Action Move to: Approve Hennepin County West Metro Drug Task Force Cooperative Agreement allowing Eden Prairie to join the WMDTF.
Synopsis The City of Eden Prairie Police Department was unanimously voted to become a member of the Hennepin County West Metro Drug Task Force on Thursday, October 12th, 2023, by the WMDTF
Governing Board.
Background For over 20 years, the Hennepin County Sheriff’s Office has led two drug task forces: the Southwest
Hennepin Drug Task Force (SWHDTF) and the West Metro Drug Task Force (WMDTF). The Eden
Prairie Police Department has been a member of the SWHDTF since its inception. Much has changed over the last two decades. While each task force has had six to seven law enforcement officers assigned to it, they've collaborated almost daily to investigate mid to high-level drug traffickers in their respective areas of operation.
Historically, these two task forces have been primarily reliant on seizure funds for operations. However, in recent years, both state and federal governments have sought to restrict or even eliminate such seizures.
Last year, a metro-area task force dissolved due to staffing issues within its partner agencies. This task
force had been partially funded by the Office of Justice Programs (OJP) under the Violent Crime Enforcement Team (VCET) grant program. This brought about an opportunity for a new VCET funding for our task forces. Given that the SWHDTF and WMDTF regularly collaborate, the increasing challenges in securing drug proceeds, and the need for a new OJP-funded task force in the metro area,
the governing boards of both task forces have agreed to merge, keeping the WMDTF name. Members of the VCET grant program compete for state funds to support their task forces. As a condition of receiving these funds, these task forces are subject to increased state oversight. Every other year, per state statute, OJP contracts with an external organization to ensure each task force follows applicable
legal requirements, proper law enforcement standards and practices, and effective financial controls. In alternate years, the task force undergoes a peer review. For this review, the VCCC arranges for a task force commander from another part of the state to conduct an independent audit using the same criteria.
An additional condition of becoming a VCET funded task force is the task force must follow VCET Operating Guidelines which were created after the dissolution of the Minnesota State Gang Strike Force.
This merger aims to enhance the longevity and efficacy of the task force by diversifying funding sources and introducing new levels of oversight and transparency. The Hennepin County Sheriff’s Office also supports this merger and is assigning a Lieutenant in addition to the two existing Sergeants to oversee the task force. This increases the number of supervisory roles overseeing the day-to-day operation of
the merged task force.
Furthermore, the Hennepin County Attorney’s Office is committing a Senior County Attorney to split their time between the WMDTF and the Hennepin County Violent Offender Task Force. This attorney's role will be multifaceted: assisting detectives in reviewing search warrants and report writing, observing
search warrant executions, and ensuring adherence to the latest case law and statutory requirements.
This partnership is intended not only to strengthen case development for successful prosecutions but also to enrich the investigative capabilities that detectives can take back to their home agencies, thereby improving overall departmental operations.
Attachments WMDTF JPA Eden Prairie Signature page
WEST METRO DRUG TASK FORCE CO-OPERATIVE AGREEMENT
The following city was unanimously voted to become a member of the Hennepin County West Metro Drug Task Force on Thursday, October 12th, 2023, by the WMDTF Governing Board.
CITY OF EDEN PRAIRIE, MN
The EDEN PRAIRIE City Council duly approved this Agreement on the ______ day of ______________, 2023.
City of EDEN PRAIRIE By: _________________________
Its Mayor
And by: ______________________
Its City Manager
Approved as to form
and legality:
___________________________
EDEN PRAIRIE City Attorney
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
Nov. 14, 2023
DEPARTMENT/DIVISION:
Joe Dusek
Public Works/Utilities
ITEM DESCRIPTION:
Approve Purchase of Well 5 Control Panel from SJE, Inc.
ITEM NO.:
VIII.I.
Requested Action
Move to: Approve the purchase of a new control panel for Well 5, located at 7569 Corporate Way, in the amount of $123,988.00 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 Well 5 at 7569 Corporate Way. Two quotes were received and are tabulated as follows: SJE, Inc. $123,988.00
IPS, Inc. $135,944.00
Staff has reviewed the quotes and recommend purchasing the panel from SJE, Inc. in the amount
of $123,988.00. Background Information
Wellhouse 5 is located at 7569 Corporate Way and was constructed in 1981. Presently, the floor has buckled with severe cracks and the discharge pipe has separated, making the well inoperable. This project will include demolition and removal of existing wellhouse, electrical components, and associated piping. Due to the location and footprint of the location, we will be replacing the
current wellhouse structure with a submersible well pump and motor and add control panels on a
concrete pedestal above ground. The new well 5 structure will be very similar to our other submersible well, well 16, which is located at 8420 Mitchell Road. Attachment
Agreement
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
Nov. 14, 2023
DEPARTMENT / DIVISION
Chief Matt Sackett Police Department
ITEM DESCRIPTION
Approve Purchase of License Plate Readers (LPRs)
ITEM NO.
VIII.J.
Requested Action Move to: Approve the purchase of 7 stationary License Plate Readers (LPRs) in the amount of $23,625 using Minnesota Auto Theft Grant monies.
Move to: Approve the purchase of an extended service plan for 12 existing stationary License Plate Readers (LPRs) in the amount of $40,500 using Minnesota Auto Theft Grant monies. Synopsis
The Eden Prairie Police Department would like to purchase 7 fixed LPRs for use in the City of Eden Prairie. The Eden Prairie Police Department would also like to purchase and extended service plan for the 12 existing fixed LPRs that are already in service. The purchase of the LPRs will help identify stolen vehicles and vehicles associated with crimes in and around Eden Prairie. The purchase of these
systems will be funded by the Minnesota Auto Theft Grant. The Police Department has sought, and has been approved for, sole source approval from the Minnesota Commerce Fraud Bureau, who manage the Minnesota Auto Theft Grant. The Police Department has been approved to purchase the following:
• 7 - Motorola Solutions L6Q LPRs with cellular: $3,375/ unit, total $23,625
• Extension of services for 12 existing fixed LPRs: total $40,500
Background Eden Prairie PD rented-to-own 12 fixed LPRs for use in Eden Prairie high traffic commercial areas using Minnesota Auto Theft Grant funds in 2021. The fixed LPRs were installed and operational in
December 2021. The LPRs have be used to identify stolen vehicles and vehicles associated with crimes
Eden Prairie and throughout the state. The LPRs purchased with grant money have identified 50 stolen vehicles, 31 stolen license plates and 14 warrants/KOPS Alerts since mid-December 2021, resulting in 28 recovered vehicles and 31 arrests. This technology has also aided in Eden Prairie and metro wide crime and Auto Theft investigations.
This purchase will allow the Police Department to continue using this technology for the next 4-5 years, while broadening the investigative and detection capabilities through new cameras.
Attachments
Fixed LPR Subscription Package – 7 - L6Q w/ cellular project quotation (Exhibit A) L6Q Subscription renewal for 12 L6Q cameras (Exhibit B)
Vigilant Solutions, LLC
P.O. Box 841001
Dallas TX 75202
Phone: 1-925-398-2079
Fax: 1-925-398-2113
www.VigilantSolutions.com
Sold To: Pro Forma Invoice
Date
10/27/2023
Terms
NET60
Line No Qty Unit Price Extended Price Tax
1 1 $40,500.00 $40,500.00 -
-
-
-
-
-
-
-
-
WIRE AND ACHS TRANSFERS
BANK OF AMERICA
135 SOUTH LASALLE
CHICAGO, IL 60603
ABA Routing Number: 071000039
Account Number: 8670615284
SWIFT Code: BOFAUS3N
Invoice No.
10/27/2023
Due Date
Description
12/26/2023
Item Number
Eden Prairie Police Department
8080 Mitchell Road
Eden Prairie, MN 55344 United States
VS L6Q SUBSCRIPTION RNWL L6Q ANNUAL SUBSCRIPTION (SERVICE PERIOD 1/25-6/26)
Total Order 40,500.00
Total Sell Price: 40,500.00
Requested Action
Move to: Declare property as surplus and authorize disposal
Synopsis:
The City has a surplus of obsolete computer equipment. The equipment in the attached list is of no use and will be recycled. PC’s for People, based in St. Paul MN, will pick up computer equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a
nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3.
The Eden Prairie Police Department has replaced their Preliminary Breath Testers (PBT’s) with a new model. As a result, we have five of the former models that are still serviceable. The
donation of the equipment to Le Suer Police Department will be with the understanding the equipment described on the attached Exhibit A will be transferred “as is” with no representations or warranties as to condition.
Attachment:
List of surplus IT equipment List of surplus Preliminary Breath Testers
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Nov. 14, 2023
DEPARTMENT/DIVISION:
Aditi Salunke, IT Manager
Matt Sackett, Police Chief
ITEM DESCRIPTION:
Surplus Property Disposal
ITEM NO.:
VIII.K.
Asset Type Manufacturer Model Serial Number
Copier Ricoh Aficio MP 2352 W413L200385
Tablet Apple iPad DMPT60GJHLJK
Tablet Apple iPad DMPTC284HLJK
Tablet Apple iPad DMPTC24XHLJK
Printer HP LJ2430 CNGJF35396
Tablet Apple iPad F9GZKF2GMDG1
Tablet Apple iPad DMPTNFUQHLJK
Tablet Apple iPad DVPHMRFDDFHW
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N88B
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N86Y
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N85V
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N86N
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW2009NDSB
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1913NVJ0
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N86U
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW2009NG4A
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW2009NG48
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW2009NG4D
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N89K
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW2009NFQ5
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N85X
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N889
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N86Z
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW2009NFVT
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N86T
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N8AF
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N89M
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N870
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N86X
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N85Y
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N86V
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FTW1842549F
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N8BN
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW2009NG44
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW2009N0RK
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N89L
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1931NT6Q
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N895
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N8BL
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N89Q
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW1907N86C
Wireless Access Point Cisco AIR-CAP3702I-A-K9 FCW2009NG45
Wireless Access Point Cisco AIR-CAP37021-B-K9 FCW2102N026
Wireless Access Point Cisco AIR-AP3802I-B-K9 FCW2337P3HE
Wireless Access Point Cisco AIR-AP3802I-B-K9 FCW2246NLA6
Wireless Access Point Cisco AIR-AP3802I-B-K9 FJC2413M1LQ
Wireless Access Point Cisco AIR-AP3802I-B-K9 FJC242M448
Laptop Panasonic Toughbook CF-19 8GKYB79680
Computer HP EliteDesk800 G4 SFF MXL9281SQB
Computer HP EliteDesk800 G4 SFF MXL9281SQ9
Computer HP EliteDesk800 G4 SFF MXL9141WSJ
Computer HP EliteDesk800 G4 SFF MXL9281SQJ
Computer HP EliteDesk800 G4 SFF MXL9281SQK
Computer HP EliteDesk800 G4 SFF MXL92025HM
Computer HP EliteDesk800 G4 SFF MXL9281SQ5
Computer HP EliteDesk800 G4 SFF MXL9141WS9
Computer HP EliteDesk800 G4 SFF MXL9141WS4
Computer HP EliteDesk800 G4 SFF MXL9141WS5
Computer HP EliteDesk800 G4 SFF MXL9141WS6
Computer HP EliteDesk800 G4 SFF MXL9112TKM
Computer HP EliteDesk800 G4 SFF MXL9141WS2
Computer HP EliteDesk800 G4 SFF MXL9141WS8
Computer HP EliteDesk800 G4 SFF MXL9112TKN
Computer HP EliteDesk800 G3 SFF 2UA73125FH
Computer HP EliteDesk800 G4 SFF MXL9141WSY
Computer HP EliteDesk800 G4 SFF MXL9281SQM
Computer HP EliteDesk800 G4 SFF MXL9141WSR
Computer HP EliteDesk800 G4 SFF MXL9362NHK
Computer HP EliteDesk800 G4 SFF MXL9362NHN
Computer HP EliteDesk800 G4 SFF MXL9281SQW
Laptop Dock Havis DS-GTC-801-3 29293-0084
Laptop Dock Havis DS-GTC-801 167562-035
Scanner Canon K10291 KBTA48052
Monitor HP E27 G4 CNK1400YVX T
Monitor ViewSonic VG2236wm-LED SE53112504685
Monitor ViewSonic VG2436wm-LED S5D11400650
Computer HP EliteDesk800 G4 SFF MXL9281SQD
Computer HP EliteDesk800 G4 SFF MXL9281SQG
Computer HP EliteDesk800 G4 SFF MXL9362NHW
Computer HP EliteDesk800 G4 SFF MXL9281SQS
KVM MASTER VIEW CS1316 Z3CAS218DGE0158
Docking Station HP CS1852 5CG822ZL35
Router Belkin F9K1102v3 12309GF2307719
BLU-RAY Player Sony BDP-S3500 1244159 5A
Surplus Property
April 2023 Exhibit A
Item #Description of Property Serial Number
1 Alco-Sensor III 1229272
2 Alco-Sensor III 1400315
3 Alco-Sensor III 1407360
4 Alco-Sensor III 1230324
5 Alco-Sensor III 1408450
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
Nov. 14, 2023
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Ben Schneider
ITEM DESCRIPTION:
Code Amendment – Chapter 11 Reformat
ITEM NO.:
IX.A.
Requested Action
Move to:
• Close the Public Hearing; and
• Approve the 1st Reading of the Ordinance to reformat and reorganize Chapter 11 Synopsis The primary purpose of this code amendment is to reformat the City’s zoning code (City Code Chapter 11) to be more user friendly for residents, contractors, developers, and staff. This is proposed to be achieved by two main strategies: 1) rearranging existing provisions to separate code sections that are more intuitive for readers of Code to find and 2) creating a series of permitted use tables to add more
clarity on what uses are permitted in each zoning district. There are also two (2) additional proposed changes in this amendment that fall outside the scope of simple reformatting. The first is a repeal of the City’s regulations regarding medical cannabis. With the recent cannabis law passed by the MN State legislature, these medical cannabis provisions are no
longer applicable. The second is amending the Town Center (TC) and Transit Oriented Development (TOD) districts to remove the Planned Unit Development (PUD) requirement for all development proposals in these districts. This is in response to the City’s Building Sustainability standards being triggered in part by PUD requests. Background The reformatting and reorganization in this code amendment are summarized below. Permitted Use Tables
The current zoning code includes a list of permitted uses in each zoning district section. This amendment replaces these use lists with centralized tables. This method eliminates inconsistencies in how permitted uses are listed in each zoning district and allows users to more efficiently determine where a given use would be permitted in the City.
Reorganizing Content in Section 11.03
Currently, City Code Section 11.03 includes most of the performance standards, and is frequently cited for reference. Since these standards are all housed in one section, staff is unable to provide direct links to specific categories of regulations. Combining these standards into one section also makes the
information generally harder to find. As a part of this amendment, most of the information in the
existing Section 11.03 is being moved to different parts of the zoning code to be more intuitive for users to find.
Reformatting Zoning District Sections
In addition to rearranging the locations of various provisions, this amendment adds several cross
references to other sections in the zoning code within each zoning district section. This includes references to landscaping, off-street parking, architecture, shoreland, and more standards. Additionally, this amendment removes the centralized setback/lot standard tables in Section 11.03 and provides individual setback/lot standard tables within each zoning district section. These changes will enhance
the user experience of City Code.
Other Minor Changes Some provisions and definitions that are outdated and contradictory have been removed from Chapter 11.
Planning Commission Recommendation The Planning Commission voted 7-0 to recommend approval of this ordinance at its meeting on October 23rd, 2023. Attachments 1. Ordinance 2. Staff Report to Planning Commission 3. Unapproved Planning Commission Minutes from October 23, 2023 Meeting
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. ____-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY REORGANIZING AND REFORMATTING SEVERAL
SECTIONS OF THE CHAPTER; AMENDING VARIOUS PROVISIONS IN CITY CODE CHAPTERS 5, 6, AND 9 TO REFERENCE THE REORGANIZED SECTIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99, 6.99, 9.99, AND 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.02, is amended as follows: 1. In the definition of the term “Brewer taproom”, by deleting “(1)” and replacing it with “(i)”;
2. In the definition of the term “Building”, by deleting the word “chattels”; 3. By amending the term “Lot Line, Corner” to “Lot, Corner”, retaining the same definition; 4. By amending the term “Telecommunications mechanical equipment – “Wireless equipment” to “Wireless Equipment”, retaining the same definition and re-ordering the term alphabetically; and
5. By deleting the definitions of the following terms in their entirety: “Building Length” “Depth of Lot” “Depth of Rear Yard” “Structure, Alterations”
Section 2. City Code Chapter 11, Sections 11.03 and 11.04 are deleted in their entirety. Section 3. City Code Chapter 11, Section 11.05 is renumbered to Section 11.38 and is further amended as follows:
1. In Subdivision 7, Subsection B, by deleting “Section 2.18” and replacing it with “Section 2.23”; 2. In Subdivision 8, Subsection D, by deleting “Subdivision 7.C” and replacing it with “Subdivision 8.C”; and
3. In Subdivision 14, by deleting “11.05” and replacing it with “11.38”. Section 4. City Code Chapter 11, Section 11.06 is renumbered to Section 11.39 and is further amended as follows:
1. In Subdivision 11, (a) in the first sentence, by deleting “11.03, Subdivision 6.B” and replacing it with “11.47”, and (b) in the final sentence, by deleting “2.11” and replacing it with “2.26”; and
2. In Subdivision 14, Subsection C, by deleting “11.06” and replacing it with “11.39”.
Section 5. City Code Chapter 11 is amended by adding new Sections 11.03, 11.04, 11.05, 11.06,
11.07, and 11.08 as provided in Exhibit A to this Ordinance, which is attached and incorporated by reference (“Exhibit A”). Section 6. City Code Chapter 11, Sections 11.10, 11.11, 11.15, 11.20, 11.23, 11.24, 11.25, 11.26,
11.27, 11.28, 11.29, 11.30, 11.35, 11.36, and 11.37 are amended by replacing the sections in their
entirety with Sections 11.10, 11.11, 11.15, 11.20, 11.23, 11.24, 11.25, 11.26, 11.27, 11.28, 11.29, 11.30, 11.35, 11.36, and 11.37 provided in Exhibit A. Section 7. City Code Chapter 11, Sections 11.41 is amended as follows:
1. In Subdivision 1, Subsection A, Item 1 and Subdivision 6, Subsection A, by deleting “Section 11.05” and replacing it with “Section 11.38”; 2. In the second-to-last sentence of Subdivision 1, Subsection A, Item 1, by deleting “rural” and replacing it with “Rural or Park and Open Space”; 3. In Subdivision 1, Subsection A, Item 2, by replacing the word “is” with the word “are”
and adding at the end of the sentence “or a Park and Open Space District”; 4. In Subdivision 1, Subsection A, Item 3, by deleting the first sentence and replacing it with the following sentence: “The adaptive use proposed for the property must be a permitted retail or office use in the Office or Commercial Zoning Districts.”; and 5. In Subdivision 2, Subsection I, by deleting “Section 11.03, Subdivision 6” and
replacing it with “Section 11.47”. Section 8. City Code Chapter 11 is amended by adding new Sections 11.42, 11.43, and 11.44, 11.46, and 11.47 as provided in Exhibit A. Section 9. City Code Chapter 11, Section 11.55, Subdivision 4, Subsection A, Item 4 is amended by deleting both references to “Section 11.03” and replacing them with “Section 11.42”. Section 10. City Code Chapter 11, Section 11.65, Subdivision 2 is amended in the first sentence by deleting “R, R-1 and RM” and replacing it with “R, R-1, RM, MU, TOD-R, TOD-MU, TC-
MU, and TC-R”. Section 11. City Code Chapter 5, Section 5.70, Subdivision 3, Subsection A is amended by deleting “Section 11.10, Subdivision 2(E)” and replacing it with “Section 11.04”. Section 12. City Code Chapter 6, Section 6.03, Subdivision 9, Subsection B, Item 9, Sub-item (e) is amended by deleting “Section 11.06, Subdivision 9” and replacing it with “Section 11.39, Subdivision 9”. Section 13. City Code Chapter 9, Section 9.01, Subdivision 5, Subsection C is amended by
deleting “Section 11.03, Subdivision 3.L” and replacing it with “Section 11.08, Subdivision 4”.
Section 14. City Code Chapter 9, Section 9.74, Subdivision 4, Subsection D is amended by deleting “Section 11.03, Subdivision 2.B, Table 2” and replacing it with “Section 11.10,
Subdivision 3.B and Section 11.11, Subdivision 3.B”.
Section 15. City Code Chapter 9, Section 9.74, Subdivision 5, Subsection A, Item 3 is amended by deleting “Section 11.03, Subdivision 2.B, Table 2” and replacing it with “Section 11.10, Subdivision 3.B and Section 11.11, Subdivision 3.B”.
Section 16. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation,” Sections 5.99, 9.99, and 11.99 entitled “Violation a Misdemeanor,” and Section 6.99 entitled “Violation a Misdemeanor or Petty Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim
herein. Section 17. This ordinance will become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14th day of November, 2023, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the _____ day of _______________, 20___.
_________________________________ _________________________________
David Teigland, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 20___.
EXHIBIT A
TO ORDINANCE NO. 2023-___
SECTION 11.03 - ESTABLISHMENT OF DISTRICTS
The following Districts, with the abbreviations stated, are hereby established. (Some Districts are
subdivided for the purpose of this chapter, in which case, only the abbreviations of such subdivisions may
be shown.)
District Title Abbreviation
Rural District R
One-Family Residential District R-1
R1-44
R1-22
R1-13.5
R1-9.5
Multi-Family Residential District RM
RM-6.5
RM-2.5
Office District OFC
Commercial District
Neighborhood Commercial District
Community Commercial District
Regional Commercial District
Regional Service District
Highway Commercial District
C
N-Com
C-Com
C-Reg
C-Reg-Ser
C-Hwy
Town Center District
TC – Mixed Use
TC – Residential
TC – Commercial
TC
TC-MU
TC-R
TC-C
Transit Oriented Development District
TOD – Mixed Use
TOD – Residential
TOD – Employment
TOD
TOD-MU
TOD-R
TOD-E
Mixed Use District MU
Flex Service District FS
Industrial District
Industrial Park District
Industrial Park District
General Industrial District
I
I-2
I-5
I-Gen
Public District PUB
Golf Course GC
Airport – Office A – OFC
Airport – Commercial A – C
Park and Open Space District P
SECTION 11.04 - PERMITTED USES TABLE – TRADITIONAL RESIDENTIAL DISTRICTS
A. Table Key.
1. P=Permitted Uses
2. C=Conditional Uses
3. A=Accessory Uses
B. Additional Standards. The uses listed in the table below are further subject to zoning district standards in Sections 11.10, 11.11, and 11.15, and other standards listed in this Chapter.
C. Prohibited uses. Uses not associated with a letter in the zoning district column are prohibited uses in the respective zoning district. Uses not listed are prohibited in all zoning districts.
D. Permitted Uses Table for Traditional Residential Districts.
Use Type
Zoning District
Rural R1-44 R1-22 R1-
13.5 R1-9.5 RM-6.5 RM-
2.5
RESIDENTIAL
Home Occupations, subject to City Code
Section 11.65 P P P P P P P
Multi-family dwellings and accessory
structures P P
Single-Family detached dwellings and
accessory structures P P P P P
RURAL
Agriculture, accessory and related uses P
Commercial stables. P
PUBLIC
Adaptive Reuse of Heritage Preservation Site,
subject to City Code Section 11.41 C
Antennas and Towers, subject to City Code
Section 11.39 P P P P P P P
Public Infrastructure. P P P P P P P
Publicly owned historical property/building P
SECTION 11.05 - PERMITTED USES TABLE – COMMERCIAL AND INDUSTRIAL
DISTRICTS
A. Table Key.
1. P=Permitted Uses
2. C=Conditional Uses
3. A=Accessory Uses
B. Additional Standards. The uses listed in the table below are further subject to zoning district
standards in Sections 11.20, 11.25, and 11.28 through 11.30, and other standards listed in this Chapter.
C. Prohibited uses. Uses not associated with a letter in the zoning district column are prohibited uses
in the respective zoning district. Uses not listed are prohibited in all zoning districts.
D. Permitted Uses Table for Commercial and Industrial Districts.
Zoning District
Office FS N-
Com
C-
Com
C-
Reg
C-
Reg-
Ser10
C-
Hwy11
I-
2
I-
5
I-
Gen
A-
OFC
A-
C
COMMERCIAL
Day Care Facility P P P P P P P P
Gasoline/convenience stores P1 P2 P P P P P
Hotels/Hospitality/lodging P1 P P P P
Microdistillery P P P
Microdistillery with Cocktail
Room P P P P P P P P P P
Pawnshops P
Restaurants and Food
Service P3 P1 P P P P P P4 P4 P4 P5 P
Retail Sales and Services
(Direct) conducted within
structures and accessory uses
P3 P1 P P P P P P4 P4 P4 P5 P
Sexually Oriented
Businesses P P
Small Brewer P P P
Small Brewer with Brewer
Taproom P P P P P P P P P P
OFFICE
Business and professional
offices and accessory uses P P6 P P P P P P7 P7 P7 P
Medical and Dental Clinics P P6 P P P P P P7 P7 P7 P
INDUSTRIAL
Assembling, Compounding,
Manufacturing, Packaging,
Processing, Showroom,
and/or Wholesale
P P P P
Automotive Repair Services
- Major, when conducted
exclusively in an enclosed
building
P P8 P8 P8 P8 P8 P P P
Automotive Repair Services
- Minor, when conducted
exclusively in an enclosed
building.
P P P P P P P P P
Commercial Kennel P P P
Distribution P P P P
Funeral Homes P P P P
Gymnasium P P P P
Live/work space such as
artist lofts
Self-Storage Facility P
Warehousing P P P P
PUBLIC
Antennas and Towers,
subject to City Code Section
11.39
P P P P P P P P P P P P
Public Facilities and Services P
Public Infrastructure P P P P P P P P P P P P
Transit Facilities P
RESIDENTIAL
Home Occupations, subject
to City Code Section 11.65 P9 P9
Multi-family dwellings and
accessory structures P9 P9
1 Properties with frontage along a principal arterial street may utilize up to 100 percent of the building’s
gross floor area for retail sales and services and restaurants. Properties without frontage along a principal
arterial street may utilize up to 25 percent of the building’s gross floor area for retail sales and services
and restaurants.
2 Gasoline/convenience stores are not permitted in the Neighborhood Commercial (N-COM) District,
provided, however, that gasoline/convenience stores in existence as of January 13, 2022 remain a
permitted use under this chapter.
3 Supporting commercial sales and services to office users within large office structures of one hundred
thousand (100,000) square feet or more. The commercial use may not exceed fifteen percent (15%) of the
gross floor area.
4 Commercial uses in Industrial Districts are limited to 15% of the gross floor area.
5 Supporting commercial sales and services to office users within large office structures of thirty thousand
(30,000) square feet or more. The commercial use may not exceed fifteen percent (15%) of the gross floor
area.
6 Up to 15% of the gross floor area.
7 Office uses as permitted in the Office District are permitted in the Industrial District. Office use in the
Industrial District may not exceed fifty percent (50%) of the gross floor area. Such office use must
comply with all of the requirements of this chapter.
8 Must have been in existence as of November 1, 2016
9 Only permitted if provided for within a PUD, or within commercial buildings in the N-Com and C-Com
Districts.
10 C-REG-SER uses are limited to sales and service operations which require relatively large sites, attract
little or no pedestrian traffic and are not typically found in shopping center structures.
11 C-HWY uses are limited to sales and service operations directly related to highway or freeway uses,
tourists, and travelers.
SECTION 11.06 - PERMITTED USES TABLE – MIXED USE, TOWN CENTER, AND TRANSIT
ORIENTED DEVELOPMENT DISTRICTS
A. Table Key.
1. P=Permitted Uses
2. C=Conditional Uses
3. A=Accessory Uses
B. Additional Standards. The uses listed in the table below are further subject to zoning district
standards in Sections 11.24, 11.26, and 11.27 and other standards listed in this Chapter.
C. Prohibited uses. Uses not associated with a letter in the zoning district column are prohibited uses in the respective zoning district. Uses not listed are prohibited in all zoning districts.
D. Permitted Uses Table for Mixed Use, Town Center, and Transit Oriented Development Districts.
Use Type
Zoning District
MU TOD-
MU TOD-R TOD-
E
TC-
MU TC-R TC-
C
RESIDENTIAL
Home Occupations, subject to City Code
Section 11.65 P P1 P1 P2 P2
Multi-family dwellings and accessory
structures P P1 P1 P2 P2
COMMERCIAL
Day Care Facility P P1 P1 P1 P2 P2
Hotels/Hospitality/lodging P P1 P2
Microdistillery with Cocktail Room P
Restaurants and Food Service P P1 P1 P1 P2 P2
Retail Sales and Services (Direct) conducted
within structures and accessory uses P P1 P1 P1 P2 P2
Small Brewer with Brewer Taproom P
OFFICE
Business and professional offices and accessory
uses P P1 P1 P1 A2 P2
Medical and Dental Clinics P P1 P1 P1 A2 P2
INDUSTRIAL
Assembling, Compounding, Manufacturing,
Packaging, Processing, Showroom, and/or
Wholesale
P1
Warehouse and Distribution A3
Live/work space such as artist lofts P1
PUBLIC
Antennas and Towers, subject to City Code
Section 11.39 A P1 P1 P1 P2
Parking ramps P1 P1 P1
Parks P1 P1 P1 P2 P2 P2
Public Facilities and Services P1 P1
Public Infrastructure. P P1 P1 P1 P2 P2 P2
Transit Facilities P1 P1 P1 P2 P2
Transit parking P1 P1 P1
1 Refer to Section 11.26 for specific use standards for TOD Districts
2 Refer to Section 11.27 for specific use standards for Town Center Districts
3 Warehouse and distribution may not exceed 15% of the gross floor area of a structure.
SECTION 11.07 - PERMITTED USES TABLE – SPECIAL DISTRICTS
A. Table Key.
1. P=Permitted Uses
2. C=Conditional Uses
3. A=Accessory Uses
B. Additional Standards. The uses listed in the table below are further subject to zoning district standards in Sections 11.35 through 11.37 and other standards listed in this Chapter.
C. Prohibited uses. Uses not associated with a letter in the zoning district column are prohibited uses in the respective zoning district. Uses not listed are prohibited in all zoning districts.
D. Permitted Uses Table for Public, Golf Course, and Park and Open Space Districts.
Use Type
Zoning District
Public GC Park and
Open Space
COMMERCIAL
Day Care Facility A
PUBLIC
Adaptive Reuse of Heritage Preservation Site,
subject to City Code Section 11.38 C
Antennas and Towers, subject to City Code
Section 11.39 P P P
Cemeteries P
Community Center P
Drainage ways and flood plains approved by
the Council P
Golf Courses P1
Governmental offices in buildings of less than
6,000 SF P
Parks P
Places of Worship P
Public Conservation Areas P
Public Infrastructure. P P P
Public Recreation P
Public School and Private school P2
Publicly owned historical property/building P
Recreation related structures and amenities that
support the primary use of the site P
1 This includes golf, golf holes, practice ranges and greens, tennis courts, club houses, swimming pools,
maintenance and storage buildings, pump houses and wells, shelter houses, cart paths, irrigation facilities,
croquet, lawn bowling, platform tennis, cross country skiing, snow shoeing, ice skating and other passive
recreational activities with non-motorized use, provided however motorized golf carts are permitted. The
term “golf course” does not include permanent or temporary residential use or transient hotel use.
2 Related boarding facilities that have public sanitary sewer and water service are also permitted within
the area described in Ordinance No. 12-87.
SECTION 11.08 - GENERAL PROVISIONS FOR ALL ZONING DISTRICTS
Subd. 1 Fences. Fences not over seven (7) feet in height may occupy any yard. No fence, hedge or
other planting exceeding thirty (30) inches in height or trees pruned even to a height less than eight (8)
feet are permitted where there will be interference with traffic sight distance. Fencing in the Park and
Open Space District is exempt from these requirements. Fencing standards for the Park and Open Space
District are set forth in Section 11.37.
Subd. 2. Active Solar Energy Systems as Accessory Uses.
A. Roof Mounted Systems and Wall Mounted Systems attached to a principal structure must comply with all requirements relating to principal structures.
B. Ground Mounted Systems must comply with all standards relating to accessory structures.
Subd. 3. Lighting. The following lighting illumination standards apply to all districts except Park and
Open Space:
A. Glare, whether direct or reflected, such as from spotlights or high temperature processes, and as differentiated from general illumination, must not be visible beyond the limits of the immediate
site from which it originates.
B. Lighting illumination from the property may not exceed 0.5 foot candles measured at the property line.
C. Pole lighting height may not exceed 25 feet on a maximum three (3) foot base for a total maximum height of 28 feet, and the light source must have downcast shoe box lens.
D. Wall lighting placed on buildings must be positioned to cast light downward toward the ground, and the light source must include a shield directing light to the ground. Upward lighting on or projected onto building exteriors is subject to approval by the Council through Site Plan Review
or the City Planner through Administrative Site Review if the criteria are met.
E. Bare incandescent, fluorescent, or LED lightbulbs are not permitted in locations where they can be viewed from adjacent property or public right-of-way with the exception of the area of the
required setback on adjacent property.
F. For lighting non-horizontal surfaces, such as flag poles, landscaping, fountains, and art or statuary, luminaires must be located, aimed, and shielded so as to not project their beam onto
adjacent properties, past the object being illuminated, or onto public right-of-way. The lighting must be fitted with devices such as shields, barn doors, baffles, louvers, skirts, or visors to minimize spill light and glare impacts.
G. All canopy lighting must be recessed lighting, flush mounted with the canopy ceiling, and have a flat glass lens, except decorative lighting under canopies at building entries.
Subd. 4. Trash and Recycling. Implementation of a trash enclosure plan is required prior to issuance
of any occupancy permit for a property located in zoning districts RM 2-5, OFC, I-2, I-5, I-Gen, FS, C-
Com, N-Com, C-Reg, C-Reg-Ser, C-Hwy, TC, TOD-E, TOD-R, TOD-MU, PUB, GC, MU, A-C and
A-OFC. This subdivision is applicable to all properties which have been issued a building permit for
new construction after June 15, 2010.
A. Trash and Recycling Enclosure. All recyclable waste must be kept within a completely enclosed building or within a trash enclosure constructed with materials consistent with Architectural
Standards in Section 11.46 to match the building with a roof and solid wood or metal gates that completely screen the interior of the enclosure.
B. Trash and Recycling Location. All trash, trash receptacles and recycling bins must meet the setbacks for the underlying zoning district.
Subd. 5. Setbacks. Where forty percent (40%) or more of a block is developed, the required setback is
equal to or greater than the average of the principle structures on either side.
Subd. 6. Abutting Districts. Rear or side yard requirements for dissimilar abutting districts must meet
the larger of the two requirements.
Subd. 7. Height of Structures. Except towers for wireless services, towers, spires, chimneys, water
tanks, flagpoles, radio and TV antennas, transmission towers and other structures and necessary
mechanical appurtenances covering not more than ten percent (10%) of the ground area may be erected
to a height of not more than twenty-five (25) feet in addition to the maximum height permitted.
Subd. 8. Sculptures and Statuary
A. Setbacks. In all zoning districts, accessory structures must meet the required setbacks, except for
the following:
1. The front yard setback for sculptures and statuary is ten (10) feet in the residential, office, industrial, golf course, airport and public districts.
2. The front yard setback for statuary and sculptures is twenty (20) feet in the commercial districts.
B. Height. In all zoning districts the maximum height allowed for sculptures and statuary is fifteen (15) feet.
C. One (1) sculpture or statuary per street frontage is permitted in the commercial, office, industrial, public, and airport zoning districts.
Subd. 9. Performance Standards. Uses which because of the nature of their operation are
accompanied by an excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare or wastes
are not permitted. These standards will be considered “excessive” when they exceed or deviate from the
limitations set forth in the following performance specifications:
A. Vibration. No activity or operation may at any time cause earth vibrations perceptible beyond the limits of the immediate site on which the operation is located.
B. Dust and Dirt. Solid or liquid particles may not be emitted at any point in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections will be applied to a stack temperature of five hundred (500) degrees Fahrenheit and fifty percent (50%) excess air.
C. Smoke. Measurement will be at the point of emission. The Ringelman Smoke Chart published by the United States Bureau of Mines will be used for the measurement of smoke. Smoke not darker or more opaque than No. 1 of said chart may be emitted, provided that smoke not darker or more opaque than No. 2 of said chart may be emitted for periods not longer than four (4) minutes in any 30-minute period. These provisions, applicable to visible grey smoke, also apply
to visible smoke of a different color but with an equivalent apparent opacity.
D. Odor. No activity or operation may cause at any time the discharge of toxic, noxious, or odorous matter beyond the limits of the immediate site where it is located in such
concentrations as to be detrimental to or endanger the public health, welfare, comfort or safety or cause injury to property or business.
E. Glare. Glare, whether direct or reflected, such as from spotlights or high temperature processes,
and as differentiated from general illumination, may not be visible beyond the limits of the immediate site from which it originates. Glare and lighting illumination in the Park and Open Space District are exempted from these requirements. Glare and lighting illumination standards
for the Park and Open Space District are set forth in Section 11.37.
F. Wastes. All solid waste material, debris, refuse, or garbage must be kept within a completely enclosed building or properly contained in a closed container designed for such purpose. All liquid wastes containing any organic or toxic matter must be discharged with into a public sanitary sewer or treated in a manner prescribed by the City. The rate of liquid waste discharge
into the City sanitary sewerage system may not exceed two hundred (200) gallons per site acre per hour between the hours of 9:00 a.m. and noon. Use for the dumping or storage above ground or under the surface of chemical waste and other hazardous waste products is not permitted
because of the potential hazards that may be created to public health, safety, and welfare in all districts.
G. Performance Standards – Tests. In order to ensure compliance with the performance standards set
forth above, the City may require the owner or operator of any permitted use to have made such investigations and tests as may be required to show adherence to the performance standards. Such required investigation and tests must be carried out by an independent testing organization
approved by the City.
H. Tests by City. The procedure above stated does not preclude the City from making any tests and investigations it finds appropriate to determine compliance with these performance standards.
Subd. 10. Railroad or Freeway. Lots which rear on a railroad or freeway must have at least one hundred
fifty (150) feet depth.
Subd. 11. Limitation on Uses. Uses in each District established in this chapter are limited to those
permitted uses authorized, and then only under the standards and conditions provided by this chapter.
SECTION 11.10 – R-RURAL DISTRICT
Subd. 1. Purposes. The purposes of the R-Rural District are to:
A. Prevent premature urban development of certain lands which eventually will be appropriate for urban uses, until the installation of drainage works streets, utilities, and community facilities and
the ability to objectively determine and project appropriate land use patterns makes orderly development possible;
B. Permit the conduct of certain agricultural pursuits on land in the City; and
C. Ensure adequate light, air, and privacy for each dwelling unit, and to provide adequate separation between dwellings and facilities for housing animals.
Subd. 2. Permitted Uses. Refer to the table in Section 11.04.
Subd. 3. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the Rural district, unless otherwise noted:
Standard Rural (R)
Minimum Lot Size 10 acres
Minimum Lot Width 300 ft
Minimum Lot Depth 300 ft
Minimum Lot Width at Right of
Way Line 300 ft
Front Yard Setback 50 ft
Side Yard Setback One side 50 ft, both
sides 150 ft
Rear Yard Setback 50 ft
Maximum Building Height 40 ft
Maximum Floor Area Ratio N/A
B. The following minimum standards apply for all accessory structures in the Rural district, unless otherwise noted:
Standard Rural (R)
Front Yard Setback 50 ft
Side Yard Setback 30 ft
Rear Yard Setback 30 ft
Maximum Height 30 ft
Subd. 4. Requirements and Conditions. In addition to the provisions of this chapter that are applicable
to all districts or specifically applicable to the Rural District, the following requirements and conditions
apply to the Rural District:
A. The minimum lot size for parcels created prior to July 6, 1982 is 5 acres.
B. The minimum frontage on a street right-of-way is one hundred (100) feet.
C. The total ratio of the total square footage of all garages (attached and detached), and all accessory buildings to the total lot area may not exceed 0.075.
D. Lots must have frontage on a public street. Corner lots must have additional width equal to the minimum interior side yard setback requirement and must in no case be less than ninety (90) feet.
E. Garage sales must comply with the following conditions:
1. Garage sales may occur only on properties that are improved with a dwelling unit or units erected and which have been issued a Certificate of Occupancy.
2. No more than four (4) garage sales may occur at a dwelling in a twelve (12) month period.
3. No sale may exceed a period of four (4) consecutive days.
4. Garage sale signs must comply with Section 11.70.
Subd. 5. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts.
Subd. 6. Parking. Refer to Section 11.43 for parking standards.
Subd. 7. Home Occupations. Refer to Section 11.65 for home occupation regulations.
Subd. 8. Shoreland Management. Refer to Section 11.50 for shoreland management standards.
Subd. 9. Wetlands. Refer to Section 11.51 for wetland protection standards.
Subd. 10. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55
for regulations regarding land alteration, tree preservation, and stormwater management.
Subd. 11. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground
development regulations.
Subd. 12. Floodplain. Refer to Section 11.45 for floodplain regulations.
Subd. 13. Signs. Refer to Section 11.70 for sign regulations.
SECTION 11.11 - R-1 ONE-FAMILY RESIDENTIAL DISTRICTS
Subd. 1. Purposes. The purposes of the R-1 One Family Residential Districts are to:
A. R1-44, reserve appropriately located areas for single family living on large lots where vegetation,
slopes, water bodies or other significant natural features are best preserved through large lot development;
B. R1-22, R1-13.5, R1-9.5, reserve appropriately located areas for single family living at reasonable
population densities consistent with sound standards of public health;
C. Ensure adequate light, air, privacy and open space for each dwelling;
D. Minimize traffic congestion and avoid the overloading of utilities by preventing the construction
of buildings of excessive size in relation to the land around them; and
E. Protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences.
Subd. 2. Permitted Uses. Refer to the Table in Section 11.04.
Subd. 3. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the R1 districts, unless otherwise noted:
Standard R1-44 R1-22 R1-13.5 R1-9.5
Minimum Lot Size 44,000 sf 22,000 sf 13,500 sf 9,500 sf
Minimum Lot Width 100 ft 90 ft 85 ft 70 ft
Minimum Lot Depth 150 ft 125 ft 100 ft 100 ft
Minimum Lot Width at
Right of Way Line 100 ft 90 ft 85 ft 70 ft
Front Yard Setback 30 ft 30 ft 30 ft 30 ft
Side Yard Setback 15 ft
15 ft One side 10 ft,
both sides 25
ft
One side 5 ft,
both sides 15
ft
Rear Yard Setback 30 ft 25 ft 20 ft 20 ft
Maximum Building
Height 40 ft 40 ft 40 ft 40 ft
Maximum Floor Area
Ratio N/A N/A N/A N/A
B. The following minimum standards apply for all accessory structures in the R1 district, unless otherwise noted:
Standard R1-44 R1-22 R1-13.5 R1-9.5
Front Yard Setback 30 ft 30 ft 30 ft 30 ft
Side Yard Setback 10 ft 10 ft 10 ft 5 ft
Rear Yard Setback 10 ft 10 ft 10 ft 5 ft
Maximum Height 15 ft 15 ft 15 ft 15 ft
Subd. 4. Requirements and Conditions. In addition to the provisions of this chapter that are applicable
to all districts or specifically apply to the R1 District, the following requirements and conditions apply to
the R1 District:
A. Unless otherwise noted, all single-family dwellings must be connected to sanitary sewer and
water service.
B. In the R1-44 and R1-22 districts, sanitary sewer and water service is not required with respect to those lands which were situated within an R1-22 District on July 1, 1982.
C. The edge of a driveway may not be closer than three (3) feet to a side lot line and may not cross the extension of a property line to the curb line.
D. In the R1-13.5 District, the maximum gross density is 2.5 units per acre.
E. In the R1-9.5 District, the maximum gross density is 3.5 units per acre.
F. In R1-13.5, R1-22 and R1-44 Districts, the minimum frontage on a cul-de-sac street right-of-way is eighty-five (85) feet, ninety (90) feet and one hundred (100) feet respectively, except for lots abutting entirely on the arc of the circular turnaround portion of the cul-de-sac, in which case the minimum frontage on a street right-of-way is fifty-five (55) feet. (Preliminary plats approved prior to the effective date of Ordinance No. 15-85 are exempt from these conditions.)
G. In R1-9.5 Districts, the minimum frontage on a cul-de-sac street right-of-way is seventy (70) feet, except for lots abutting entirely on the arc of the circular turnaround portion of the cul-de-sac, in which case the minimum frontage on a street right-of-way is fifty-five (55) feet. (Preliminary plats approved prior to the effective date of Ordinance No. 15-85 are exempt from these conditions.)
H. The total ratio of the total square footage of all garages (attached and detached), and all accessory buildings to the total lot area may not exceed 0.075 in all R-1 Districts.
I. Lots must have frontage on a public street. Corner lots must have additional width equal to the
minimum interior side yard setback requirement and must in no case be less than ninety (90) feet.
J. Garage sales must comply with the following conditions:
1. Garage sales may occur only on properties that are improved with a dwelling unit or units erected and which have been issued a Certificate of Occupancy.
2. No more than four (4) garage sales may occur at a dwelling in a twelve (12) month period.
3. No sale may exceed a period of four (4) consecutive days.
4. Garage sale signs must comply with Section 11.70.
Subd. 5. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts.
Subd. 6. Home Occupations. Refer to Section 11.65 for home occupation regulations.
Subd. 7. Parking. Refer to Section 11.43 for parking standards.
Subd. 8. Shoreland Management. Refer to Section 11.50 for shoreland management standards.
Subd. 9. Wetlands. Refer to Section 11.51 for wetland protection standards.
Subd. 10. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55
for regulations regarding land alteration, tree preservation, and stormwater management.
Subd. 11. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground
development regulations.
Subd. 12. Signs. Refer to Section 11.70 for sign regulations.
Subd. 13. Floodplain. Refer to Section 11.45 for floodplain regulations.
SECTION 11.15 - RM MULTI-FAMILY RESIDENTIAL DISTRICTS
Subd. 1. Purposes. The purposes of the RM Multi-Family Residential District are to:
A. Reserve approximately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and
safety;
B. Preserve as many as possible of the desirable characteristics of the one-family residential district while permitting higher population densities;
C. Ensure adequate light, air, privacy, and open space for each dwelling unit;
D. Provide space for semi-public facilities needed to complement urban residential areas and space for institutions that require a residential environment;
E. Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the land around them;
F. Provide necessary space for off-street loading of trucks; and
G. Protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences.
Subd. 2. Permitted Uses. Refer to the table in Section 11.04.
Subd. 3. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the RM districts, unless otherwise noted:
Standard RM-6.5 RM-2.5
Minimum Lot Size 3,000 sf 25,000 sf
Minimum Zone Area
(Acreage/sf) 13,000 sf 25,000 sf
Minimum Lot Width 24 ft 150 ft
Minimum Lot Depth 100 ft 150 ft
Front Yard Setback 30 ft 35 ft
Side Yard Setback 10 ft 25 ft
Rear Yard Setback 20 ft 30 ft
Maximum Building
Height 40 ft 45 ft
Maximum Floor Area
Ratio N/A N/A
Usable Open Space Park ded plus 150 Sq
ft/unit
Park ded plus
150 Sq ft/unit
B. The following minimum standards apply for all accessory structures in the RM districts, unless
otherwise noted:
Standard RM-6.5 RM-2.5
Front Yard Setback 30 ft 35 ft
Side Yard Setback 10 ft 10 ft
Rear Yard Setback 10 ft 10 ft
Maximum Height 15 ft 15 ft
Subd. 4. Requirements and Conditions. In addition to the provisions of this chapter that are applicable
to all districts or specifically apply to the RM District, the following requirements and conditions apply to
the RM District:
A. In the RM 6.5 District, the maximum gross density is 6.7 units per acre.
B. In the RM 2.5 District, the maximum gross density is 17.4 units per acre.
C. A minimum yard setback may be zero feet in RM Districts in any instance where a wall common to two (2) or more dwelling units is situated on a lot line. All other setbacks provided in this chapter apply, except in those instances where only one (1) side yard setback may be zero feet, the other side yard setback will be that required for "one side".
D. In the RM 6.5 District, in the case of two (2) abutting lots on which are situated duplex living units, the minimum lot size is thirteen thousand (13,000) square feet. In the case of a duplex lot, the minimum lot size on which is situated one dwelling unit is no less than three thousand (3,000) square feet.
E. Garage sales must comply with the following conditions:
1. Garage sales may occur only on properties that are improved with a dwelling unit or units erected and which have been issued a Certificate of Occupancy.
2. No more than four (4) garage sales may occur at a dwelling in a twelve (12) month
period.
3. No sale may exceed a period of four (4) consecutive days.
4. Garage sale signs must comply with Section 11.70.
Subd. 5. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts.
Subd. 6. Landscaping. Landscaping and screening is required pursuant to Section 11.42.
Subd. 7. Parking. Refer to Section 11.43 for parking standards.
Subd. 8. Architectural Standards. Refer to Section 11.46 for architectural standards.
Subd. 9. Home Occupations. Refer to Section 11.65 for home occupation regulations.
Subd. 10. Signs. Refer to Section 11.70 for sign regulations.
Subd. 11. Shoreland Management. Refer to Section 11.50 for shoreland management standards.
Subd. 12. Wetlands. Refer to Section 11.51 for wetland protection standards.
Subd. 13. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55
for regulations regarding land alteration, tree preservation, and stormwater management.
Subd. 14. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground
development regulations.
Subd. 15. Floodplain. Refer to Section 11.45 for floodplain regulations.
SECTION 11.20 - OFC OFFICE DISTRICT
Subd. 1. Purposes. The purposes of the Office District are to:
A. Provide opportunities for offices of a semi-commercial character to locate outside of commercial districts;
B. Establish and maintain in portions of the City the high standards of site planning, architecture, and landscape design sought by many business and professional offices;
C. Provide adequate space to meet the needs of modern offices, including off-street parking of
automobiles and, where appropriate, off-street loading of trucks;
D. Provide space for semi-public facilities and institutions appropriately may be located in office districts;
E. Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and
F. Protect offices from noise, disturbance, traffic hazards, safety hazards, and other objectionable
influences incidental to certain commercial uses.
Subd. 2. Permitted Uses. Refer to the table in Section 11.05.
Subd. 3. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the Office district, unless otherwise noted:
Standard Office (OFC)
Minimum Lot Size 20,000 sf
Minimum Lot Width 100 ft
Minimum Lot Depth 100 ft
Minimum Lot Width at
Right of Way Line 100 ft
Front Yard Setback 35 ft
Side Yard Setback One side 20 ft, both
sides 50 ft
Rear Yard Setback 20 ft
Maximum Building
Height 30 ft
Maximum Floor Area
Ratio (FAR)
0.3 – 1 Story
0.5 – Multi Story
Maximum Base Area
Ratio (BAR) 0.3
B. The following minimum standards apply for all accessory structures in the Office district, unless
otherwise noted:
Standard Office (OFC)
Front Yard Setback 35 ft
Side Yard Setback 10 ft
Rear Yard Setback 10 ft
Maximum Height 15 ft
Subd. 4. Requirements and Conditions. In addition to the provisions of this chapter that are applicable
to all districts or specifically apply to the Office District, the following requirements and conditions apply
to the Office District:
A. All professional pursuits and businesses must be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas.
B. Acceptable, approved sanitary sewer service must be provided to all occupied structures.
C. Zoning requests will be considered only on the basis of compliance with the Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development.
D. Lots must have frontage on a public street. Corner lots must have additional width equal to the minimum interior side yard setback requirement and must in no case be less than ninety (90)
feet.
Subd. 5. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts.
Subd. 6. Landscaping. Landscaping and screening is required pursuant to Section 11.42.
Subd. 7. Parking and Off-Street Loading. Refer to in Section 11.43 for parking and off-street loading
standards.
Subd. 8. Architectural Standards. Refer to Section 11.46 for architectural standards.
Subd. 9. Signs. Refer to Section 11.70 for sign regulations.
Subd. 10. Shoreland Management. Refer to Section 11.50 for shoreland management standards.
Subd. 11. Wetlands. Refer to Section 11.51 for wetland protection standards.
Subd. 12. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55
for regulations regarding land alteration, tree preservation, and stormwater management.
Subd. 13. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground
development regulations.
Subd. 14. Floodplain. Refer to Section 11.45 for floodplain regulations.
SECTION 11.23 - FS FLEX SERVICE DISTRICT
Subd. 1. Purposes. The intent of the Flex Service (FS) Zoning District is to provide areas for a variety of
compatible land uses outside of the Town Center and Transit Oriented Development districts that create a
flexible industrial-commercial environment for the community. The purposes of the Flex Service Zoning
District are to:
A. Convert areas previously utilized as industrial office hybrid into places with a diverse and
innovative mix of uses that are better situated in these areas than in other areas of the City;
B. Provide alternative locations for businesses that meet auto service-oriented, indoor recreational and amusement, commercial, and light industrial needs that are inconsistent with the goals and
visions of Town Center, TOD, and Industrial Flex Tech areas;
C. Provide opportunities for adaptive reuse of properties that provide a mutually beneficial relationship to land use and community needs;
D. Provide development opportunities that can be auto service-oriented as well as pedestrian accommodating and complement the scale of surrounding areas;
E. Provide a mix of uses and a more efficient, compact, and connected development pattern; and
F. Guide future development to provide for and adapt to market and transportation demands.
Subd. 2. Permitted Uses. Refer to the table in Section 11.05.
Subd. 3. Setback and Bulk Regulations.
A. The following minimum standards apply in the FS district, unless otherwise noted:
Standard FS
Lot Size 15,000 sq ft
Lot Width 100 ft. min.
Lot Depth 150 ft. min.
Front Yard Setback 20 ft
Side Yard Setback 10 ft, both sides 20 ft
total
Rear Yard Setback 15 ft
Maximum Building Height 40 ft
Maximum Floor Area Ratio 0.3 - 1 Story
0.5 - Multi story
B. The following minimum standards apply for all accessory structures in the FS district, unless otherwise noted:
Standard FS
Front Yard Setback 20 feet
Side Yard Setback 15 feet
Rear Yard Setback 15 feet
Maximum Height 40 feet
Subd. 4. Requirements and Conditions. In addition to the provisions of this chapter that are applicable
to all districts or specifically apply to the FS District, the following requirements and conditions apply to
the FS District:
A. Redevelopment must be in substantial conformance with any special area study applicable to the property.
B. Streetscaping must be incorporated to improve the aesthetics and provide cohesiveness.
C. All permitted uses must be conducted within a building except for patio seating areas associated with taprooms, cocktail rooms, or other restaurant uses.
D. Lots must have frontage on a public street. Corner lots must have additional width equal to the minimum interior side yard setback requirement and must in no case be less than ninety (90) feet.
Subd. 5. Off-Street Parking Standards.
A. All properties in the FS district must comply with the off-street parking dimensional and location
requirements established in Section 11.43. The number of required parking stalls must either comply with parking requirements in Section 11.43 or comply with a parking plan approved through the following review process:
1. The City may approve a reduction of the number of required parking spaces in conjunction with a parking plan upon a finding that there are no negative impacts on traffic circulation and neighboring properties. This approval is not subject to the requirements or standards of either a variance or PUD review. As part of an approved parking plan, an agreement between the City and the property owner may be recorded against the property to ensure that additional parking will be provided should parking
needs exceed the provided parking onsite.
2. The parking plan must include the following elements:
a. At least five (5) off-street parking stalls provided for each property.
b. A site plan showing all structures, parking stalls, drive aisles, and parking and structure setbacks.
c. Existing and proposed impervious surface coverage.
d. Parking lot calculations, including sizes of parking lot islands, percentage of property used for parking, etc.
e. Snow storage areas and/or snow removal plan.
f. Stormwater management and water resources.
g. Garbage, recycling, and organics container locations.
h. A list of building uses/users and the area(s) they will occupy in square feet.
i. Operating hours of the uses/users, including peak demand.
j. Typical parking need of the uses/users based on performance at other locations,
current site function, etc.
k. Traffic and parking data for the proposed use(s) on the site from ITE or other professional transportation organization or licensed engineer.
l. Any shared parking or cross-access easements or agreements recorded against the property.
m. Other items as may be requested by City staff to provide a thorough review of the
site.
Subd. 6. Pedestrian and Off-Street Bicycle Facility Standards.
A. Required public sidewalks and/or trails must be constructed in conformance with the Comprehensive Guide Plan and the City’s Pedestrian and Bicycle Plan. Design must conform to the requirements of the City Engineer and the City Parks and Recreation Director.
B. An off-street sidewalk or multi-use trail must be provided that connects each front door of principal buildings to adjacent public sidewalks, trails, or other pedestrian areas that are either existing or contemplated in the Comprehensive Guide Plan, an approved City trail plan, or the
City’s Capital Improvement Plan.
C. Off-street bicycle parking must be provided at the following ratios:
1. Commercial and industrial uses – 1 space per 20,000 square feet of gross floor area
2. Office uses - 1 space per 15,000 square feet of gross floor area.
3. Public uses - 5 spaces
D. Bicycle racks must be securely anchored to the ground and on a hard surface. Required bicycle
parking may be seasonal.
E. Shared Bicycle Parking. Shared off-street bicycle parking facilities may collectively provide bicycle parking for more than one structure or use upon the City’s approval of a shared parking plan and agreement.
F. All development or redevelopment in the FS district must provide exterior pedestrian furniture in
appropriate locations along public trails, sidewalks, and other public gathering areas adjacent to public rights-of-way at a minimum rate of one seat for every ten thousand (10,000) square feet of gross floor area.
Subd. 7. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts.
Subd. 8. Landscaping. Landscaping and screening is required pursuant to Section 11.42.
Subd. 9. Architectural Standards. Refer to Section 11.46 for architectural standards.
Subd. 10. Signs. Refer to Section 11.70 for sign regulations.
Subd. 11. Shoreland Management. Refer to Section 11.50 for shoreland management standards.
Subd. 12. Wetlands. Refer to Section 11.51 for wetland protection standards.
Subd. 13. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55 for
regulations regarding land alteration, tree preservation, and stormwater management.
Subd. 14. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground
development regulations.
Subd. 15. Floodplain. Refer to Section 11.45 for floodplain regulations.
SECTION 11.24 - MU MIXED USE DISTRICT
Subd. 1. Intent and Purposes. The intent of the Mixed Use (MU) Zoning District is to promote the
reinvestment in and economic vitality of the major shopping center and surrounding areas by providing a
mix of differing but compatible land uses in select areas of the community not eligible for the Transit
Oriented Development (TOD) or Town Center (TC) zoning districts. The purposes of the MU zoning
district are to:
A. Provide a site at an appropriate location for a major shopping center which serves a wider region than the City itself consistent with the intent of the Comprehensive Plan.
B. Provide concentrated opportunities for multi-family residential buildings, retail stores, offices,
service establishments, and amusement establishments for the convenience of the public and in mutually beneficial relationship to each other.
C. Ensure development occurs in accordance with high standards of cohesive site planning,
architecture, and landscape design.
D. Maximize connections between various land uses, including promoting mobility for pedestrians and bicycles.
E. Provide adequate space to meet the needs of modern commercial development, including off-street and bicycle parking and truck loading areas.
F. Provide opportunities for attached family living at a reasonable density consistent with sound standards of public health and safety.
Subd. 2. Design Guidelines. All new development, redevelopment, and subdivisions within the MU
zoning district must comply with the architectural standards established in Section 11.46.
Subd. 3. Use Classifications and Permitted Uses. The MU zoning district is intended to provide for a
mix of use classifications. More than one use classification must be included within a development
project area in the MU zoning district. The mix of uses may be found vertically (two uses within single
building), or horizontally (two or more uses in separate buildings on the same or adjacent lots).
The following use classifications are permitted in the MU zoning district: Commercial, Office,
Residential, and Public. Refer to the table in Section 11.06 for permitted uses within these use
classifications.
Subd. 4. Requirements and Conditions. In addition to the provisions of this chapter that are applicable
to all districts or specifically apply to the MU District, the following requirements and conditions apply to
the MU District:
A. An application to rezone property to MU will be considered only based on the Comprehensive Guide Plan for the entire area to be rezoned and specific plans for structures and site development or redevelopment.
B. Proposals for development or redevelopment in the MU zoning district will be reviewed by the City as part of the Site Plan and Architectural Design Review processes outlined in Section 11.47 or as part of the PUD review process as provided in Section 11.40.
C. To be considered a mixed-use project permitted in the MU district, the project must incorporate two or more use classifications, i.e., residential, commercial, or office. Proposals for
development or redevelopment proposals in the MU zoning district must establish a cohesive site design through the use of complementary elements including but not limited to building
materials, architectural style, landscaping, lighting fixtures, and signage. Proposals may include the incorporation of elements found in nearby mixed-use projects as a means of establishing a cohesive design.
D. Acceptable, approved sanitary sewer, and water services must be provided to all occupied structures.
E. Lots must have frontage on a public street. Corner lots must have additional width equal to the minimum interior side yard setback requirement and must in no case be less than ninety (90) feet.
F. In the case of gasoline/convenience stores, the following criteria apply:
1. All buildings and pump canopies must have peaked roofs and relate architecturally in scale, proportion, materials and detail, and color with the building.
2. Pump canopies must be connected with the primary store structure. Pump canopies must be located behind the store and oriented away from adjoining residential areas. Canopy ceilings must be textured or have a flat finish.
3. All site walls, screen walls and pump island canopies must be architecturally integrated with the building with similar materials, colors, and detailing.
4. Average horizontal luminance at grade may not exceed ten foot-candles, with individual
lamps not to exceed two hundred fifty (250) watts. The fascias of the canopy must extend at least twelve (12) inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting must be used
under the canopy. Average horizontal luminance at grade at the property line may not exceed 0.5 foot-candles.
5. Service areas, storage areas and refuse enclosures must be screened from public view,
adjacent streets and residential areas.
6. A landscape buffer is required to provide screening from adjacent residential uses.
G. Offices for the sole purpose of leasing on-site residential units are not considered an office use for
the purpose of determining if a project is mixed use.
H. Any provision contained in this section that is inconsistent with or in conflict with any other provision of the City Code will supersede such other provisions.
Subd. 5. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the MU district, unless otherwise noted:
Standard MU
Lot Size 10,000 sq ft
Lot Width 80 ft. min.
Lot Depth 100 ft. min.
Front Yard Setback 25 ft
Side Yard Setback 20 ft
Rear Yard Setback 10 ft
Maximum Building
Height 60 ft
Street Façade Building
Step-back
8 ft min.
(above 4 floors)
Usable Outdoor Open
Space 5% of lot area min.
Usable Open Space
Park Dedication
plus 150 sq ft /
residential unit
Residential Density 40-75 Units/ acre
Maximum Floor Area
Ratio
0.5-1 Story
1.0-Multi story
2.0 Multi-story
with Residential
Maximum Base Area
Ratio 0.5
B. The following minimum standards apply for all accessory structures in the MU district, unless otherwise noted.
Standard MU
Maximum Height 40 feet
Front Yard Setback 25 feet
Side Yard Setback 20 feet
Rear Yard Setback 10 feet
Subd. 6. Vehicular and Pedestrian Safety Standards. Development in the MU district will include
vehicular and pedestrian transportation systems serving the development. Development or redevelopment
proposals in the MU district must include design elements that prioritize safe and efficient vehicular and
pedestrian mobility. Development or redevelopment proposals must incorporate site design that will
accomplish the following:
A. Minimize vehicular interaction with pedestrians and bicycles and where necessary as determined by the City, highlight this interaction through color, materials, and texture.
B. Promote pedestrian visibility throughout the site.
C. Drive-thrus are permitted only in compliance with the following standards:
1. Drive-thru stacking lanes must be screened as required by Section 11.42.
2. The site must accommodate adequate on-site vehicle queuing. Overflow stacking may not occur on public or private roads.
Subd. 7. Off-Street Parking Standards. Because the sharing of trips generated within a development is
a primary facet of mixed-use development, it is expected that access drives, parking, and internal
circulation for sites in the MU district will be shared between uses on site and with adjacent sites. This
shared access supports the lowering of parking requirements, reduction of parking lot setbacks, and
coordination of site accesses. The following minimum parking standards apply to all properties in the
MU district.
Use # of spaces (min)
Multiple-Family
Residential
2 per dwelling unit (d.u.); 1 per studio
or efficiency unit
Half of all spaces must be enclosed
Independent Senior
Living
1.5 per d.u.
Half of all spaces must be enclosed
Nursing Home/Assisted
Senior Living
1/4 beds at design capacity, plus 1
space for each employee on largest
shift. Half of all spaces must be
enclosed
Retail Stores & Services 4.5/1,000 sq. ft. of gross leasable area
(G.L.A.)
Shopping Center 4.25/ 1000 sq ft of G.L.A
Restaurant, Type 1
Restaurant, Type 2
Restaurant, Type 3
1 / 2.5 seats based on capacity
1 / 3 seats based on capacity
1 / 2 seats based on capacity
Office 3/1,000 sq. ft. G.F.A.
Hotel 1/guest room + 1/employee
Other Uses Refer to parking requirements in
Section 11.43 or as designated by the
City Manager.
A. Location. Off-street parking facilities must be on the same parcel of land as the structure they are
intended to serve, except where a shared parking or cross access easement agreement exists.
B. Reduction. The on-site, off-street parking requirements for a project may be reduced up to 20% if the following standards can be met:
1. Parking spaces will be shared between two complimentary uses, subject to the following:
a. The applicant must demonstrate that, because of the hours, size, and operation of the respective and future uses, there is no substantial conflict in the peak parking demands of the uses for which shared use of off-street parking facilities is proposed, and there will be an adequate amount of parking available to meet the
needs for each use.
b. A shared parking plan must be submitted that includes specific analysis on the peaking characteristics of the various and future uses that will share parking.
c. Prior to the earlier of the City’s issuance of a building permit for the project or release of a final plat for the project, whichever occurs first, a shared parking, cross access easement, or similar agreement documenting the shared parking
arrangement must be approved by the City Planner and filed against both properties with the County Recorder and/or Registrar of Titles’ office, as appropriate. The City shall be party to the agreement and no changes shall be
made to the agreement unless all parties agree.
C. Surface Parking Lot Setbacks. The following setbacks apply for surface parking lots in the MU district:
1. Front Yard: A surface parking lot may not occupy the required front yard. On a corner lot, a surface parking lot may not occupy more than one-half (½) of the required front yard closest to the street.
2. Side Yard: 10 feet
3. Rear yard: 10 feet
4. If two adjoining sites share parking, setbacks for common side and rear yards may be
reduced to zero.
D. Parking Structures. Parking structure façades must architecturally complement the building(s) the parking structure serves through the use of exterior materials, architectural elements, or color. Parking structures must include architectural elements that enhance the structure and break up its mass. Examples of specific architectural elements that assist in meeting this requirement include
decorative piers and pilasters, banding, reveals, architectural accents, wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings, façade treatment variations, and locating tenant signs on the side of parking ramps. Parking structures must be
appropriately screened as required in Section 11.42.
Subd. 8. Pedestrian and Off-Street Bicycle Facility Standards.
A. Public sidewalks and/or trails must be constructed in conformance with the Comprehensive Guide Plan or the City Pedestrian and Bicycle Plan. Design must conform to the requirements of the City Engineer and the City Parks and Recreation Director.
B. An off-street sidewalk or multi-use trail must be provided that connects the front door of any primary building to adjacent public sidewalks, trails, or other pedestrian areas that are either
existing or contemplated in an approved City trail plan or the City’s Capital Improvement Plan.
C. Bicycle Parking. A proposal for development or redevelopment in the MU district must incorporate the following Pedestrian and Off-Street Bicycle facilities:
1. Off-street bicycle parking must be provided at the following ratios for each use classification in a project:
a. Office – minimum of 5 spaces, plus 1 space per 15,000 square feet of gross floor
area
b. Commercial – Commercial spaces with gross floor area less than 100,000 sq ft, 1 space per 10,000 square feet of gross floor area. Commercial spaces greater than 100,001 sq ft in gross floor area, 1 space per 20,000 sq ft.
c. Residential – 1 space per 5 dwelling units.
2. Required bicycle parking must be located within 50 feet of the primary building entrance(s) except as approved through a shared bicycle plan. Bicycle parking may not obstruct sidewalks when in use.
3. Bicycle racks must be securely anchored to the ground and on a hard surface. Up to 25 percent of required bicycle parking may be temporary or seasonal, but all temporary or seasonal bicycle parking must be included within the Site Plan.
4. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty (50) percent of the required bicycle spaces must be covered. Coverage may be provided under roof overhangs or awnings, in bicycle lockers, in an indoor room, within adjacent parking
structures, or within underground parking structures.
5. Shared Bicycle Parking. Shared off-street bicycle parking facilities may collectively provide bicycle parking for more than one structure or use upon the City’s approval of a
shared parking plan and agreement.
6. Proof of Bicycle Parking. If the applicant demonstrates to the City’s satisfaction that the required bicycle parking is in excess of the actual demand, all of the required bicycle parking need not be constructed prior to the issuance of the initial certificate of occupancy for the building being served. Any spaces not constructed, as shown on the site plan, must be constructed when determined necessary by the City Planner. If outdoors, the area of future parking must be landscaped, which landscaping may not be used to satisfy minimum landscaping requirements. The City Planner will notify the property owner in writing of the need to construct the additional proof of bicycle parking spaces. No more than 50 percent of the required bicycle parking stalls may be placed in proof of bicycle parking.
D. Exterior pedestrian furniture must be provided in appropriate locations at a minimum rate of one seat for every ten thousand (10,000) square feet of gross floor area.
Subd. 9. Signage.
A. Signage in the form of free standing and incidental signs, wall lighting, or other features can be a compelling proponent in the development of a cohesive mixed use project. Signage proposed for
any development or redevelopment in the MU zoning district must be included in a Sign Master Plan. Signage must comply with standards outlined in Section 11.70.
B. The Sign Master Plan must identify location, size, design, lighting, and other pertinent features of the unified signage proposed for the site. The City Planner will determine the level of review required for the Sign Master Plan in accordance with the Site Plan and Architectural Design
Review process outlined in Section 11.46.
Subd. 10. Supplemental Analyses or Studies.
A. Traffic. All proposed development or redevelopment projects, regardless of size, in the MU district require documentation of the expected traffic impacts of the development. The appropriate scope of the traffic analysis will be determined by the City Engineer based on several
factors including the size, type, and location of the development. The required analysis may range from a trip generation memo including daily, a.m. peak, and p.m. peak traffic generation estimates to a traffic impact study including but not limited to turning movement counts, roadway
capacity analysis, and infrastructure improvement recommendations.
B. Transportation Demand Management (TDM) for Office Uses. All development or redevelopment proposals that include office uses will be reviewed by the Engineering Division for applicable
TDM requirements, which may include submittal of a TDM Plan or commitment of the property owner or developer to implement chosen TDM strategies from a City-approved checklist. TDM Plan requirements include measures to be implemented, a two-year budget, and an evaluation plan. TDM strategies that must be considered in the TDM plan include, but are not limited to, financial incentives for car poolers, van poolers, and bicyclists, subsidized transit passes, preferential location of carpool/vanpool parking, bicycle racks and storage, access to shower and lockers, and promotion of commuter programs. As a condition of approval of a TDM Plan, a TDM cash escrow, letter of credit with a corporation approved by the City Manager, or other guarantee acceptable to the City Manager equal to one hundred percent (100%) of the cost of implementing the first two (2) years of the TDM Plan will be required. All new residential development or redevelopment are encouraged to consider TDM strategies such as bikeshare and carshare memberships, subsidized transit passes, and an information kiosk onsite.
C. Major Center Area. All applications for rezoning or development or redevelopment for property located in the Major Center Area are subject to the standards and findings of the City’s Major
Center Area Plan.
D. Staff Exemption. The City Engineer or City Planner are authorized to exempt or otherwise reduce the requirement for supplemental analyses outlined in Items A-C above if they determine that the
scope of the proposed project will not increase traffic, trips, or parking demand in a demonstrable way.
Subd. 11. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts.
Subd. 12. Landscaping. Landscaping and screening is required pursuant to Section 11.42.
Subd. 13. Shoreland Management. Refer to Section 11.50 for shoreland management standards.
Subd. 14. Wetlands. Refer to Section 11.51 for wetland protection standards.
Subd. 15. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55
for regulations regarding land alteration, tree preservation, and stormwater management.
Subd. 16. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground
development regulations.
Subd. 17. Floodplain. Refer to Section 11.45 for floodplain regulations.
SECTION 11.25 – C-COMMERCIAL DISTRICTS
Subd. 1. Purposes.
A. The general purposes of the C-Commercial District are to:
1. Provide appropriately located areas for retail stores, offices, service establishments, and
amusement establishments;
2. Provide opportunities for retail stores, offices, service establishments, and amusement establishments, to concentrate for the convenience of the public and in mutually
beneficial relationship to each other;
3. Provide space for community facilities and institutions that appropriately may be located in commercial areas;
4. Provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas;
5. Minimize traffic congestion and avoid the over-loading of utilities by preventing the
construction of buildings of excessive size in relation to the amount of land around them; and
6. Protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare,
traffic, fire, explosion, noxious fumes, and other hazards.
B. The special purposes of the N-Com Neighborhood Commercial District are to:
1. Provide appropriately located areas for retail stores, offices, and personal service
establishments patronized by residents of the immediate neighborhood area; and
2. Permit development of neighborhood shops and related office uses, which can be accommodated in less than fifty thousand (50,000) square feet of retail area, and are in the appropriate locations shown on the Guide Plan, according to standards that minimize adverse impact on adjoining residential uses.
C. The special purposes of the C-Com Community Commercial District are to:
1. Provide appropriately located areas for retail stores, offices, and personal service establishments patronized primarily by residents of the immediate community area; and
2. Permit development of community shopping centers and related office uses, which can be accommodated in less than two hundred thousand (200,000) square feet of retail area, and are in the appropriate locations shown on the Guide Plan according to standards that
minimize adverse impact on adjoining residential use.
D. The special purposes of the C-Reg Regional Commercial District are to:
1. Provide a large site at an appropriate location for a major shopping center which serves a
wider region than the City itself consistent with the intent of the Metropolitan Guide Plan;
2. Ensure that a major center will be developed in accord with high standards of site
planning, architecture, and landscape design; and
3. Minimize the adverse effect of major commercial facilities on nearby dwellings.
Subd. 2. Permitted Uses. Refer to the table in Section 11.05.
Subd. 3. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the Commercial districts, unless otherwise noted:
Standard N-Com C-Com C-Reg-Ser C-Hwy C-Reg
Minimum Lot
Size 2 acres 5 acres 10,000 sf 20,000 sf 50 acres
Minimum Lot
Width 200 ft 300 ft 80 ft 100 ft N/A
Minimum Lot
Depth 200 ft 300 ft 100 ft 130 ft N/A
Minimum Lot
Width at Right
of Way Line
200 ft
300 ft 80 ft 100 ft N/A
Front Yard
Setback 35 ft 35 ft 35 ft 35 ft 80 ft
Side Yard
Setback 20 ft 20 ft 20 ft 20 ft 80 ft
Rear Yard
Setback 10 ft 10 ft 10 ft 10 ft 60 ft
Maximum
Building Height 30 ft 30 ft 40 ft 40 ft 40 ft
Maximum Floor
Area Ratio
(FAR)
0.2—1
Story
0.4—
Multi
Story
0.2—1
Story
0.4—
Multi
Story
0.2—1 Story
0.4—Multi
Story
0.3—1 Story
0.4—Multi
Story
0.2—1 Story
0.5—Multi
Story
Maximum Base
Area Ratio
(BAR)
.2
.2 .2 .3 .2
Minimum Zone
Area (Acres) 2 5 10 5 60
Maximum Zone
Area (Acres) 15 20 N/A 20 N/A
Floor Area
Primary Use
(sf)
20,000
30,000 N/A 20,000 N/A
Maximum Total
Floor Area (sf) 50,000 200,000 N/A 100,000 N/A
B. The following minimum standards apply for all accessory structures in the Commercial districts, unless otherwise noted.
Standard N-Com C-Com C-Reg-Ser C-Hwy C-Reg
Front Yard Setback 35 ft 35 ft 35 ft 35 ft 80 ft
Side Yard Setback 10 ft 20 ft 20 ft 20 ft 50 ft
Rear Yard Setback 10 ft 10 ft 10 ft 10 ft 50 ft
Maximum Height 15 ft 15 ft 40 ft 40 ft 40 ft
Subd. 4. Requirements and Conditions. In addition to the provisions of this chapter that are applicable
to all districts or specifically apply to the Commercial District, the following requirements and conditions
apply to the Commercial District:
A. Acceptable, approved sanitary sewer service must be provided to all occupied structures and uses.
B. Zoning requests will be considered only on the basis of compliance with the Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development.
C. Lots must have frontage on a public street. Corner lots must have additional width equal to the minimum interior side yard setback requirement and must in no case be less than ninety (90)
feet.
D. C-REG-SER uses are limited to sales and service operations which require relatively large sites, attract little or no pedestrian traffic and are not typically found in shopping center structures.
E. C-HWY uses are limited to sales and service operations directly related to highway or freeway uses, tourists, and travelers.
F. Gasoline/convenience stores are not permitted in the Neighborhood Commercial (N-COM), provided, however, that gasoline/convenience stores in existence as of the January 13, 2022 will remain, for all purposes, a permitted use under this Section.
G. For gasoline/convenience stores in the C-COM, C-REG, C-REG-SER, and C-HWY Districts the
following criteria apply:
1. All buildings and pump canopies must have peaked roofs and relate architecturally in scale, proportion, materials and detail, and color with the building.
2. Pump canopies must be connected with the primary store structure. Pump canopies must be located behind the store and oriented away from adjoining residential areas. Canopy
ceilings must be textured or have a flat finish.
3. All site walls, screen walls and pump island canopies must be architecturally integrated with the building with similar materials, colors, and detailing.
4. Average horizontal luminance at grade may not exceed ten foot-candles, with individual lamps not to exceed two hundred fifty (250) watts. The fascias of the canopy must extend at least twelve (12) inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting must be used under the canopy. Average horizontal luminance at grade at the property line may not exceed 0.5 foot-candles.
5. Service areas, storage areas and refuse enclosures must be screened from public view, adjacent streets and residential areas.
6. A landscape buffer is required to provide screening from adjacent residential uses.
Subd. 5. Pawnshops.
A. No pawnshop may be located closer than one thousand (1,000) feet from any other pawnshop.
Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the pawnshop to the nearest point of the property line of the building occupied by the other pawnshop.
B. All pawnshops must comply with the licensing requirements of City Code Section 5.71.
Subd. 6. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts.
Subd. 7. Landscaping. Landscaping and screening is required pursuant to Section 11.42.
Subd. 8. Parking and Off-Street Loading. Refer to in Section 11.43 for parking and off-street loading
standards.
Subd. 9. Architectural Standards. Refer to Section 11.46 for architectural standards.
Subd. 10. Signs. Refer to Section 11.70 for sign regulations.
Subd. 11. Shoreland Management. Refer to Section 11.50 for shoreland management standards.
Subd. 12. Wetlands. Refer to Section 11.51 for wetland protection standards.
Subd. 13. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55
for regulations regarding land alteration, tree preservation, and stormwater management.
Subd. 14. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground
development regulations.
Subd. 14. Floodplain. Refer to Section 11.45 for floodplain regulations.
SECTION 11.26 - TOD TRANSIT ORIENTED DEVELOPMENT DISTRICTS
Subd. 1. Purposes.
The intent of the Transit Oriented Development (TOD) zoning ordinance is to provide for development of
attractive, compact, pedestrian-friendly, high density, environmentally and economically sustainable,
transit-oriented areas which allow a complementary mix of land uses. A TOD land use pattern supports
transit system investments, optimizes development opportunities, and helps achieve many goals and
policies outlined in the Eden Prairie Comprehensive Plan. To support the intent of Transit Oriented
Development (TOD), the specific purposes of the TOD zoning districts are to:
A. Promote high density development within convenient walking and biking distance of a transit
station, including increased residential densities, employee densities, and non-residential floor
area ratios (FARs);
B. Accommodate a complementary mix of market-supportive land uses including residential, office,
public (buildings, plazas, open spaces), light industrial, and where appropriate, select commercial
uses;
C. Ensure building and site design is oriented to public spaces - streets, sidewalks, plazas, open
spaces, and the transit station and emphasizes a pedestrian-friendly environment;
D. Support an urban design pattern that encourages active living - the integration of physical activity
into daily routines and healthy mobility choices, including walking, biking, riding scooters, and
rollerblading, and other forms of pedestrian travel and includes accommodations for persons with
disabilities to connect to transit;
E. Promote strategies and designs that decrease the need for parking, including compact/mixed-use
development patterns, on-street parking, joint use parking, structured parking, access to transit
and shuttle services, bike sharing, and car sharing;
F. Incorporate public amenities such as parks and plazas, civic spaces, public art, landscaped
streetscapes, benches, and sidewalks/trails that provide connections between development sites,
transit, and the City's overall sidewalk/trail network;
G. Incorporate urban design principles that promote the safety and comfort of residents, employees,
visitors, and transit riders;
H. Promote high quality and aesthetically attractive building forms that contribute to a positive City
image, help to identify the unique characteristics of the location, and enhance the streetscape
environment for pedestrians, bicyclists, transit riders, and vehicular drivers; and
I. Incorporate sustainability practices relating to building lifespan such as reuse and recycling of
materials, energy and water efficiency, storm water management, and economic resilience
through lower operating costs.
There are three (3) Transit Oriented Development (TOD) zoning districts:
1. The TOD-Mixed Use (TOD-MU) district encourages high-density, mixed-use, and pedestrian-
oriented development that supports transit usage.
2. The TOD-Residential (TOD-R) district allows for moderate- to high-density residential
development with some allowance for limited commercial uses.
3. The TOD-Employment (TOD-E) district allows for moderate- to high-density office, light
industrial and institutional development with some allowance for limited commercial uses.
The individual TOD district standards are described in Subdivision 4.
Subd. 2. Definitions.
Ten-Minute Walkshed is the area surrounding each of an existing or planned commuter bus or light rail
transit station that is accessible by walking within a ten-minute timeframe.
Attached Building is an individual structure on a parcel consisting of multiple similar units arranged side
by side where each unit shares a common wall with the adjacent unit. All building entries are located at
the ground level facing the primary street or facing a courtyard that is open to the street.
Building Break means a recess in the building façade that provides facade articulation, creates the
impression that one (1) building is two (2) or more buildings, incorporates a unique building element, and
improves the building's overall composition and aesthetic. Minimum requirements for a building break
are a depth of two (2) feet and a width of four (4) feet.
Building Stepback means a setback of a building's upper floor(s) in order to reduce the building's bulk,
articulate the base of the building, ensure a more comfortable street environment, and provide light and
air at street level.
Building Street Frontage means the proportion of a lot's frontage on a public street that is occupied by a
building as measured at the required maximum front yard setback. Corner lots must meet maximum front
yard setback requirements for both public street frontages.
Building Transparency means openings in the street-facing façade of a building which are transparent,
including windows and doors that enable increased physical and/or visual interaction between
street/sidewalk/plaza activities and a building's interior uses and activities.
Commercial Ready means a space constructed to meet a minimum ground floor height that accommodates
retail/commercial use as established by City Code Chapter 11. The intent of Commercial Ready standard
is to provide the flexibility to occupy ground floor space in accordance with market demand while
allowing a future transition to retail/commercial uses as the market dictates.
Drive-Thru Facilities means facilities that accommodate automobiles and from which the occupants of
the automobiles may make purchases or transact business, including the stacking spaces needed for
waiting vehicles. Examples of drive-thru facilities include, but are not limited to, drive-up windows, menu
boards, order boards or boxes, drive-in restaurants and drive-up banks.
Flex Building is a building designed to be versatile and may be used in combination with office, research
and development, sales/showroom, industrial processing, distribution/warehousing, or high tech.
Flex Space means a use providing its occupants the flexibility of utilizing the space. Usually provides a
configuration allowing a flexible amount of office or showroom space in combination with
manufacturing, laboratory, warehouse distribution, etc.
Ground Floor Height means a measurement taken from floor to floor.
Joint Use Parking means a parking facility shared by two (2) or more uses, tenants, or properties.
Liner Building is a building designed to line the outside of a parking structure along a public street
frontage with an active ground floor use. A liner building may also include active upper floors.
Mixed-Use Building means a multi-story building that contains allowed retail and services on the ground
floor and allowed residential and/or office uses on the upper floors.
Neighborhood Commercial means small-scale retail stores and personal services primarily serving nearby
residential areas and nearby businesses and their employees and small-scale specialty shops and services.
No individual tenant space shall exceed ten thousand (10,000) square feet in area with the exception of
grocery stores, which shall not exceed twenty-five thousand (25,000) square feet in area. Drive-thru
facilities are prohibited as a neighborhood commercial use.
Ornamental grillwork is a decorative metal grate placed on a building façade to provide screening and
architectural interest along a street front facade.
Pilaster is a shallow rectangular column placed on a building façade, typically as a decorative
architectural element to provide articulation of the building façade.
Public Open Space means a publicly or privately owned area designated for use by the public such as a
park, trail, sidewalk or plaza that is accessible to the public.
Stacked Building is a multi-level structure comprised of single-floor or multi-floor units that are stacked
vertically and connected with one (1) or more shared entries. This building type is typically designed for
residential, hospitality, or office uses.
Transit Oriented Development (TOD) is commonly described as a community or development that mixes
residential, office, commercial and open space, and allows for convenient or direct access to public
transportation. The design of TOD is specifically influenced by transit and focuses on walkability and
connections to other sites as well as transit.
Visitor Parking means an off street, surface parking areas for motor vehicles that will be parked for short
periods of time, and visiting within the Transit Oriented Development district. Visitor parking does not
include long term or all day employee parking or parking of delivery vehicles engaged in loading or
unloading goods.
Subd. 3. Applicability. A Transit-Oriented Development (TOD) district shall apply to property zoned
under this section. Any provisions contained in this Section 11.26, which are inconsistent with or are in
conflict with any other provision of the City Code shall supersede such other provisions. Such properties
will generally be within a ten-minute walkshed (the area within a ten-minute walking distance, or roughly
a half-mile) of an existing or planned commuter bus or light rail transit station consistent with the
Comprehensive Guide Plan.
Subd. 4. Permitted Uses. Refer to the table in Section 11.06.
Subd. 5. District Development Standards.
The following tables and diagrams include development standards for each of the three TOD zoning
districts and are intended to illustrate the desired character, form, and scale of development within each
district. Additional standards and required conditions that apply across all of the TOD zoning districts are
addressed in Subdivisions 6 through 10 of this section.
A. Development Standards: Transit Oriented Development - Mixed Use (TOD-MU).
STATEMENT OF POLICY: The TOD-Mixed Use (TOD-MU) district encourages high-density, mixed-
use, and pedestrian-oriented development that supports transit usage. The TOD-MU district is intended to
generally be applied closest to the transit station. Buildings are mid- to high-rise structures with active
ground floor uses. A mix of office, residential, hotel, and institutional uses, along with ground floor
shops, services, and restaurants encourage activity throughout the day, and provide residents, visitors,
transit riders, and employees with amenities and services that support their day-to-day needs within
convenient walking distance. The specific permitted uses are set forth below in the chart titled Permitted
Uses-TOD-MU District. The diagrams set out below are intended to illustrate the application of the above
statement of policy.
District Diagram, Land Use Character and Built Form Description: The TOD MU district features a high-
density development pattern with stacked mixed-use buildings. Requirements for street-fronted
architecture, minimal setbacks, and active ground floor uses contribute to a more safe and walkable street
environment. To that end, parking is predominantly provided in structured or underground parking and is
located away from primary transit streets.
General Performance Standards – TOD-MU District
1. The ground floor in all buildings in the mixed use district must be commercial along the
primary transit street and commercial ready along the secondary transit street.
2. Drive-thrus are only allowed when the drive-thru lanes are internally located within the
parking structure.
3. Retail uses are limited to Neighborhood commercial uses. Neighborhood commercial
individual tenant space may not exceed 10,000 square feet in area with the exception of grocery
stores, which may not exceed 25,000 square feet in area.
Off-Street Vehicular Parking Standards - TOD-MU District
Use # of spaces (min) # of spaces (max)
Multiple-Family Residential 1/dwelling unit (d.u.) 1/ bedroom
Visitor (Residential) None 1/5 dwellings
Retail Stores & Services 3/1,000 sq. ft. Gross Floor Area
(G.F.A.)
5/1,000 sq. ft. (G.F.A.)
Restaurant 1/3 seats 1/2.5 seats
Office 3/1,000 sq. ft. (G.F.A.) 5/1,000 sq. ft. (G.F.A.)
Hotel 1/guest room + 1/employee None
Others As determined by site plan review. A parking demand study may be
required. Proof of parking may be required by the City Engineer to
be included as part of a parking demand study.
Parking Performance Standards
1 All off-street parking in the TOD-MU District shall be provided in an enclosed building or
structure except as follows: residential visitor parking may be provided as surface parking behind
buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential
developments may provide for visitor parking through on-street and/or district/joint use parking
when reviewed and approved through a Planned Unit Development.
2. The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of
the development review process. Off-street parking requirements may be reduced if the applicant can
demonstrate meeting the requirement through joint use, district, off-site, or on-street. See
Subdivision 7 for more on off-street parking standards.
3. Parking ramps facing a public street must be lined on the street-facing side with an active ground
floor use or commercial ready space. If no upper floor uses are present the ramp must be
appropriately screened as required in Subdivision 7.
4. For new development occurring within the TOD Districts, on-street parking along the use's lot
frontage may count towards the parking requirements when reviewed and approved through a
Planned Unit Development. This count shall be rounded to the nearest whole number.
Density Standards - TOD MU District Performance Standards.
Floor Area Ratio (FAR)1 1.5 min. 1. Parking structures shall not be included in
calculation of number of floors and FAR.
2. The above diagram is intended to show the
Residential Density 40 dwelling
units/acre min.
Lot Standards - TOD MU District proportion of usable open space required, but
not the exact location or distribution. See
Subdivision 9 for more requirements on usable
open space.
3. Buildings exceeding 40 feet in width along
a street are required to incorporate articulation
in street-facing façades. Articulation includes
recesses in the building façade, material
changes, or other methods of building
articulation that break down the scale of large
buildings and create visual interest.
4. Commercial Use ground floor windows
facing a primary transit street shall not
preclude visibility.
5. Within the Commercial Use all buildings
shall have a primary entrance facing a public
sidewalk or public open space. Building
entrances must be provided at least every 60
feet along the primary transit street-facing
facade of the building.
6. Front Yard Setbacks may be increased if
outdoor dining or usable open space is
proposed as part of a Planned Unit
Development. Notwithstanding the diagram
awnings, decks, overhangs, stairs, steps,
retaining walls and structures, signs or bicycle
parking, etc. shall not project into the public
right-of-way.
7. Lots must have frontage on a public street.
Lot Size None
(a) Lot Width 50 ft. min.
(b) Lot Depth 100 ft. min.
(c) Front Yard Setback (ft.)6 0 min.; 10 max.
(d) Side Yard Setback (ft.) 0 min.
(e) Rear Yard Setback (ft.) 0 min.
(g) Usable Outdoor Open
Space2
7% min.
Impervious Surface Coverage 90% max.
Building Standards - TOD MU District
(h) Street Frontage 75% min.
(f) Total Height (# of floors)1 4 min., max.
limited by language
in the
Comprehensive
Plan
(i) Ground Floor Height 12 ft. min.
(j) Upper Floors Stepback
(street facades only)
8 ft. min.
(above 4 floors)
(k) Façade Articulation (street
facades only)3
Every 40 ft. max.
(l) Ground Floor Transparency
(street facades only)4
60% min.
Entry Spacing6 60 ft. (applicable to
Commercial Uses
only
B. Development Standards: Transit Oriented Development - Residential (TOD-R).
STATEMENT OF POLICY: The Transit Oriented Development - Residential (TOD-R) district allows for
a mix moderate to high-density housing, including stacked and attached residential building types, as well
as limited mixed-use development. Land uses in the TOD-R district shall be residential with a small
amount commercial uses (ground floor retail, services, and restaurants) that support the day-to-day needs
of residents. The TOD-R district shall generally be applied farther out from the transit station and
provides more latitude in density and street frontage requirements while still promoting transit-supportive
densities and pedestrian-oriented urban design. The specific permitted uses are set forth below in the chart
titled Permitted Uses-TOD-R District. The diagrams set out below are intended to illustrate the
application of the above statement of policy. These higher density housing types, both rental and
ownership, shall be designed to optimize the district's walkable access to retail, services, restaurants,
parks and trails, transit and community facilities. Buildings shall be located and designed to take
advantage of views of nearby natural amenities and where significant shading of lower buildings will not
occur.
District Diagram, Land Use Character and Built Form Description: The TOD-R district features stacked
and attached residential building types, as well as mixed-use building with active ground-floor uses.
Requirements for street-fronted architecture and structured parking contribute to a more safe and
walkable street environment. Slightly deeper setbacks allow for additional landscaping, gardens, and
small front or side yards. Street-facing architectural details such as porches, stoops, and balconies
encourage social interaction and contribute to the safety and comfort of the public realm.
General Performance Standards
1. All commercial uses are limited to the street level floor of a building along primary transit
streets.
2. Retail and personal service uses are limited to Neighborhood commercial uses. Neighborhood
Commercial individual tenant space may not exceed 10,000 square feet in area with the exception
of grocery stores, which may not exceed 25,000 square feet in area.
3. Drive-thrus are only allowed when the drive-thru lanes are internally located within the
parking structure.
Off-Street Vehicular Parking Standards - TOD-R District
Use # of spaces (min) # of spaces (max)
Multiple-Family Residential 1/dwelling unit (d.u.) 1/ bedroom
Visitor (Residential) None 1/5 dwellings
Retail Stores & Services 3/1,000 sq. ft. Gross Floor Area
(G.F.A.)
5/1,000 sq. ft. (G.F.A.)
Restaurant 1/3 seats 1/2.5 seats
Office 3/1,000 sq. ft. (G.F.A.) 5/1,000 sq. ft. (G.F.A.)
Others As determined by site plan review. A parking demand study may be
required. Proof of parking may be required by the City Engineer to
be included as part of a parking demand study.
Parking Performance Standards
1. All off-street parking in the TOD-R sub-district shall be provided in an enclosed building or
structure except as follows: Residential visitor parking may be provided as surface parking behind
buildings or on secondary transit streets as designated in the Comprehensive Guide Plan. Residential
developments may provide for visitor parking through on-street and/or district/joint use parking when
reviewed and approved through a Planned Unit Development.
2. The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of
the development review process. Off-street parking requirements can be reduced if the applicant can
demonstrate meeting the requirement through joint use, district, off-site, or on-street parking. See
Subdivision 7 for more on off-street parking standards.
3. Parking ramps facing a public street must be appropriately screened - as required in Subdivision 7.
4. For new development occurring within the TOD Districts, on-street parking along the use's lot
frontage may count towards the parking requirements if reviewed and approved through a Planned
Unit Development. This count shall be rounded to the nearest whole number.
Density Standards - TOD R District Performance Standards
Residential Density 25 dwelling
units/acre min.
1. Parking structures shall not be included in
calculation of number of floors and FAR.
2. The above diagram is intended to show the
proportion of usable open space required, but
not the exact location or distribution. See
Subdivision 9 for more requirements on usable
open space.
3. Buildings exceeding 30 feet in width along
a street are required to incorporate articulation
in street-facing façades. Articulation includes
recesses in the building façade, material
Lot Standards - TOD R District
Lot Size None
(a) Lot Width 50 ft. min.
(b) Lot Depth 100 ft. min.
(c) Front Yard Setback (ft.)6 0 min.; 20 max.
(d) Side Yard Setback (ft.) 10 min.
(e) Rear Yard Setback (ft.) 20 min.
(g) Usable Outdoor Open
Space2
10% min. changes, or other methods of building
articulation that break down the scale of large
buildings and create visual interest.
4. Commercial Use ground floor windows
facing a primary transit street shall not
preclude visibility.
5. Within the Commercial Use all buildings
shall have a primary entrance facing a public
sidewalk or public open space. Building
entrances must be provided at least every 60
feet along the primary transit street-facing
facade of the building.
6. Front Yard Setbacks may be increased if
outdoor dining or usable open space is
proposed as part of a Planned Unit
Development. Notwithstanding the diagram
awnings, decks, overhangs, stairs, steps,
retaining walls and structures, signs or bicycle
parking, etc. shall not project into the public
right-of-way.
7. Lots must have frontage on a public street.
Impervious Surface Coverage 75% max.
Building Standards - TOD R District
(h) Street Frontage 60% min.
(f) Total Height (# of floors)1 2 min., max. is
limited by language
in the
Comprehensive
Plan
(i) Ground Floor Height 10 ft. min.
(j) Upper Floors Stepback
(street facades only)
8 ft. min.
(a building step
back is required
above 4 floors and
encouraged below
4 floors)
(k) Façade Articulation (street
facades only)3
Every 30 feet
(l) Ground Floor Transparency
(street facades only)4
40% min.
Entry Spacing5 60 ft. (applicable to
Commercial Uses
only)
C. Development Standards: Transit Oriented Development - Employment (TOD-E).
STATEMENT OF POLICY: The Transit Oriented Development - Employment (TOD-E) district allows
for a mix of moderate- to high-density office, light industrial and institutional development with some
allowance for limited commercial uses. The TOD-E district allows stacked office and mixed use buildings
as well as multi-story flex buildings that can accommodate a range of living wage employment
opportunities at higher densities. Retail, services, and showrooms are allowed in the district but limited to
smaller scale businesses that support the needs of district employees or complement existing light
industrial or office uses. The TOD-E district would generally be applied farther out from the transit
station and provide more latitude in density and street frontage requirements while still promoting transit-
supportive densities and pedestrian-oriented urban design. The diagrams set out below are intended to
illustrate the application of the above statement of policy.
District Diagram, Land Use Character and Built Form Description: The TOD-E district features stacked
office and mixed use buildings, as well as multistory flex buildings. Requirements for street-fronted
architecture contribute to a more safe and walkable street environment. Slightly deeper setbacks allow for
additional landscaping, plazas, and other types of open space. Street adjacent features such as a canopy,
awnings, plazas, and courtyards create a safe and welcoming environment.
General Performance Standards
1. The ground floor in all buildings in the TOD-E district must be commercial ready along the
primary transit street.
2. Retail and personal service uses are limited to Neighborhood commercial uses. Neighborhood
commercial individual tenant space may not exceed 10,000 sq. ft. in area with the exception of
grocery stores, which may not exceed 25,000 sq. ft. in area.
3. Drive-thrus are only allowed when the drive-thru lanes are internally located within the
parking structure.
4. Warehouse and distribution are permitted in the TOD-E district as an accessory use.
Warehouse and distribution may not exceed 15% of the gross floor area of a structure.
Off-Street Vehicular Parking Standards - TOD-E District
Use # of spaces (min.) # of spaces (max.)
Retail Stores & Services 3/1,000 sq. ft. (G.F.A.) 5/1,000 sq. ft. (G.F.A.)
Restaurant 1/3 seats ½ seats
Office 3/1,000 sq. ft. (G.F. A.) 5/1,000 sq. ft. (G.F.A.)
Others As determined by site plan review. A parking demand study may be
required. Proof of parking may be required by the City Engineer to
be included as part of a parking demand study.
Parking Performance Standards
1. All off-street parking in the TOD-E District shall be provided in an enclosed building or structure
except as follows: visitor parking may be provided as surface parking behind buildings or on
secondary transit streets as designated in the Comprehensive Guide Plan. Developments may provide
for visitor parking through on-street and/or district/joint use parking when reviewed and approved
through a Planned Unit Development.
2. The location and quantity of off-street parking will be reviewed on a case-by-case basis as part of
the development review process. Off-street parking requirements can be reduced if the applicant can
demonstrate meeting the requirement through joint use, district, off-site, or on-street parking. See
Subdivision 7 for more on off-street parking standards.
3. Parking ramps facing a public street must be appropriately screened as required in Subdivision 7.
4. For new development occurring within the TOD Districts, on-street parking along the use's lot
frontage may count towards the parking requirements when reviewed and approved through a Planned
Unit Development. This count shall be rounded to the nearest whole number.
Density Standards - TOD E District Performance Standards
Floor Area Ratio (FAR)1 .5 min 1. Parking structures shall not be included in
calculation of number of floors and FAR.
2. The above diagram is intended to show the
proportion of usable open space required, but
not the exact location or distribution. See
Subdivision 9 for more requirements on usable
open space.
3. Buildings exceeding 50 feet in width along
a street are required to incorporate articulation
in street-facing façades. Articulation includes
recesses in the building façade, material
changes, or other methods of building
articulation that break down the scale of large
buildings and create visual interest.
4. Commercial Use ground floor windows
facing a primary transit street shall not
preclude visibility.
5. Within the Commercial Use all buildings
shall have a primary entrance facing a public
sidewalk or public open space. Building
entrances must be provided at least every 60
Lot Standards - TOD E District
Lot Size None
(a) Lot Width 100 ft. min.
(b) Lot Depth 100 ft. min.
(c) Front Yard Setback (ft.)6 0 min; 20 max
(d) Side Yard Setback (ft.) 20 min.
(e) Rear Yard Setback (ft.) 20 min.
(g) Usable Outdoor Open
Space2
5% min.
Impervious Surface Coverage 75% max
Building Standards - TOD E District
(h) Street Frontage 60% min.
(f) Total Height (# of floors)1 2 min., max. is
limited by language
in the
Comprehensive
Plan
(i) Ground Floor Height 12 ft. min. feet along the primary transit street-facing
facade of the building.
6. Front Yard Setbacks may be increased if
outdoor dining or usable open space is
proposed as part of a Planned Unit
Development. Notwithstanding the diagram
awnings, decks, overhangs, stairs, steps,
retaining walls and structures, signs or bicycle
parking, etc. shall not project into the public
right-of-way.
7. Lots must have frontage on a public street.
(j) Upper Floors Stepback
(street facades only)
8 ft. min.
(a building step
back is required
above 4 floors and
encouraged below
4 floors)
(k) Façade Articulation (street
facades only)3
Every 50 feet
(l) Ground Floor Transparency
(street facades only)4
60% min
Entry Spacing5 60 ft. (applicable to
Commercial Uses
only)
Subd. 6. Building Standards. All buildings shall provide pedestrian-oriented design features along
streets, sidewalks, pedestrian ways, and pedestrian areas. Buildings and developments shall comply with
the following standards for building design and pedestrian orientation:
A. Buildings shall have a primary entrance facing a public sidewalk or public open space.
B. Primary building entrances shall be architecturally emphasized and highly visible from the street,
sidewalk, or pedestrian way, utilizing design features such as protruding or recessed entryways,
awnings, canopies, pillars, unique building materials and/or architectural details. Residential
buildings shall incorporate elements such as porches, stoops, and balconies that enhance the
safety and comfort of the public realm.
C. Buildings are required to incorporate articulation in street-facing façades that improves the
building's overall composition and aesthetic, and contributes to a more aesthetically and visually
interesting and walkable street environment. Articulation includes recesses in the building façade,
material changes, or other methods of building articulation that break down the perceived scale of
the building or create visual interest.
Subd. 7. Off-Street Vehicle Parking Standards.
A. Parking structures shall be located behind buildings or located along secondary streets.
B. Parking structure facades visible from public streets and public open space shall architecturally
complement the building or buildings the parking structure serves through the use of exterior
materials, architectural elements, and color. Parking structures shall include architectural
elements that enhance the structure, break up its mass, and complement the building or buildings
the parking structure serves. Examples of specific architectural elements that assist in meeting
this requirement include decorative piers and pilasters, banding, reveals, architectural accents,
wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings,
façade treatment variations, and locating tenant signs on the side of parking ramps.
C. Parking structures may also incorporate liner buildings that screen the parking structure with
active street-level uses. Liner building may include upper floor uses, or may utilize appropriate
architectural elements as described above.
Subd. 8. Pedestrian and Off-Street Bicycle Facility Standards.
A. Public sidewalks and/or trails may be required to be constructed by the applicant in conformance
with the Comprehensive Guide Plan and/or the City Pedestrian and Bicycle Plan. Design shall
conform to the requirements of the City Engineer, Parks and Recreation Director or designee.
B. An off-street sidewalk or multi-use trail shall be provided by the applicant that connects the front
door of the building to adjacent public sidewalks or trails that are either existing or contemplated
in an approved city trail plan or Capital Improvement Plan.
C. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate
of occupancy and at the time of enlargement of a structure:
1. Office - minimum of ten (10) spaces, plus one (1) space per seven thousand five hundred
(7,500) square feet of gross floor area.
2. Commercial - minimum of ten (10) spaces, plus one (1) space per three thousand five
hundred (3,500) square feet of gross floor area.
3. Public - minimum of ten (10) spaces, plus one (1) space per 3,500 square feet of gross
floor area.
4. Light Industrial - minimum of ten (10) spaces, plus one (1) space per ten thousand
(10,000) square feet of gross floor area.
5. Residential - one (1) space per two (2) dwelling units.
D. Location. Bicycle parking shall be located within fifty (50) feet of the primary building
entrance(s) and shall not obstruct sidewalks except as approved through a shared bicycle plan as
referenced in Subsection G.
E. Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to twenty-five
(25) percent of bicycle parking may be temporary or seasonal, but all temporary or seasonal
bicycle parking shall be included within the Proof of Bicycle Parking Plan.
F. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty (50) percent
of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs
or awnings, in bicycle lockers, indoor room, fenced in corral, within adjacent parking structures,
or within underground parking structures.
G. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively
provide bicycle parking in any district for more than one (1) structure or use. The applicant shall
demonstrate meeting the requirement through a joint use, district or shared parking agreement.
H. Proof of Bicycle Parking. If the applicant demonstrates that the required bicycle parking is in
excess of the actual demand, all of the required bicycle parking need not be constructed prior to
the issuance of the initial certificate of occupancy for the building being served. Any spaces not
constructed, as shown on the site plan, shall be constructed when determined necessary by the
City Planner. The area of future parking shall be landscaped, which, landscaping shall not be used
to satisfy landscaping requirements. The City Planner shall notify the property owner in writing
of the need to construct additional proof of bicycle parking spaces. No more than fifty (50)
percent of bicycle parking stalls shall be placed in proof of bicycle parking.
Subd. 9. Landscaping and Open Space Standards.
A. All sites and buildings within the TOD district shall comply with Screening and Landscaping
standards established in Section 11.42, except for Subdivision 5.A (Minimum Size Requirements
for Plantings) and Subdivision 5.B (Total Caliper Inches Required). The following standards
apply within the TOD district in lieu of said Subdivision 5.A and Subdivision 5.B:
1. Minimum Size Requirements for Plantings. Deciduous overstory plantings shall be a
minimum of three (3) caliper inches; deciduous understory trees shall be a minimum of
two (2) caliper inches; and coniferous trees shall be a minimum of eight (8) feet in height.
2. Total Caliper Inches Required. Sites with up to five (5) acres of on-site pervious area
require a minimum of three (3) caliper inches of trees for every five hundred (500) square
feet of the on-site pervious surface area. Sites with five (5) acres or greater of on-site
pervious area require a minimum of three (3) caliper inches of trees for every seven
hundred fifty (750) square feet of the on-site pervious area. Pervious pavement areas,
green roofs, and undevelopable areas including but not limited to: wetlands, floodways,
archeological resource areas, and water bodies are excluded from the on-site pervious
surface area calculation.
3. Planting beds and/or decorative planting containers may replace up to fifty percent (50%)
of the required caliper inches for trees at a rate of three (3) caliper inches of trees per five
hundred (500) square feet of cumulative planting beds and/or decorative planting
containers.
4. Planting Beds and/or Decorative Planting Containers: Each planting bed or container
shall include a variety of plants which may include shrubs, ornamental grasses, ground
cover, vines, annuals, or perennials to provide year round color and interest. Native plant
species to the local hardiness zone and those which provide interest and/or color in the
winter are encouraged.
5. Existing trees on the developable portions of the site that will remain after construction
and/or existing trees on the overall site that provide benefits such as screening may be
considered as counting toward a portion of the caliper inches required by this section as
determined through the PUD process. Any existing trees proposing to remain shall be
determined to be healthy and of the appropriate species as determined by the City.
6. Eco-grass, green roofs, rooftop gardens, limiting irrigation through xeriscaping and
rainwater collection and reuse, public art, and other sustainable practices related to
landscaping may be considered as counting toward a portion of the caliper inches
required by this section as determined through the PUD process.
B. Due to the urban character of the TOD District, less landscaping space will be available typically
than in other zoning districts. Therefore, a higher level of landscaping design detail is required for
the concentrated open space, pervious surface areas, plazas, planters, screening areas and
streetscape areas. Examples of a higher level of landscaping design include rooftop gardens and
green roofs, both of which are encouraged. A detailed landscape plan prepared by a landscape
architect shall be submitted with the development application. Other privately owned amenities
are encouraged, such as plazas, courtyards, fountains, outdoor art, roof top gardens and green
roofs, and other decorative elements.
C. The following privately owned and maintained Usable Open Space forms are permitted to meet
the requirements for usable outdoor open space:
1. Pocket Park. A Pocket Park is an open space of no less than 0.05 acres in size that is
available for recreation. A Pocket Park may be spatially defined by landscaping rather
than building frontages and may be linear in form or shape. A pocket park may consist of
a landscaped and maintained lawn, trees, and seating areas that are naturalistically
disposed.
2. Square. An open space available for passive recreation and civic purposes. A Square
Usable open Space is spatially defined by building frontages. Its landscape shall consist
of paths, lawns, trees, hardscape, and public art formally disposed. Square Usable Open
Spaces shall be located at the intersection of important main streets. There shall be no
minimum size for a square.
3. Plaza. An open space available for public use, community events, and/or commercial
activities. A Plaza Usable Open Space shall be spatially defined by building frontages. Its
landscape shall consist primarily of hardscape, plantings, public art, and trees. There shall
be no minimum size for a Plaza.
4. Play Area. An open space designed and equipped for the recreation of children. A Play
Area shall be fenced and may include an open shelter. Play areas shall be interspersed
within residential or mixed-use areas and may be placed within a block. Play areas may
be included within parks and greens. There shall be no minimum or maximum size.
5. Pedestrian Way. Natural or landscaped walking paths and running trails.
D. The following shall not constitute Useable Open Space: landscape strips or
enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs, flowers and
other low profile landscaping around buildings, sidewalks and parking areas; required minimum
building setback areas; yards associated with private dwellings; or outdoor areas that prohibit
public or tenant access during normal business hours. Alternative useable open space areas may
be considered as counting toward a portion of the useable open space requirement of this section
as determined through the PUD process.
Subd. 10. Supplemental Analysis or Study.
A. Traffic. All development and zoning projects in the TOD District require documentation of the
expected traffic impacts of the development. The scope of the traffic analysis is dependent on
several factors including the size, type, and location of the development. The City Engineer
should be contacted early in the project to determine the appropriate scope of traffic analysis and
to determine if a formal Traffic Impact Study is required. All development applications,
regardless of size, shall document the size and type of the proposed development and provide
Daily, a.m. Peak, and p.m. Peak traffic generation estimates for the development.
B. Travel Demand Management (TDM). All development applications for office and light industrial
uses shall include a Travel Demand Management (TDM) plan. The plan shall document TDM
measures to be implemented, a two-year budget, and an evaluation plan. TDM strategies that
shall be considered in the TDM plan include, but are not limited to, financial incentives for
carpoolers, vanpoolers and bicyclists, subsidized transit passes, preferential location of
carpool/vanpool parking, bicycle racks and storage, access to shower and lockers, and promotion
of commuter programs. As a condition of approval a TDM cash escrow, letter of credit with a
corporation approved by the City Manager or other guarantee acceptable to the City Manager
equal to one hundred percent (100%) of the cost of implementing the first two (2) years of the
TDM Plan will be required. All new residential development applications should consider TDM
strategies such as bikeshare and carshare memberships, subsidized transit passes, and an
information kiosk onsite.
C. Parking. All zoning and development projects in the TOD District require documentation of the
parking plan for the project site including the number of required parking spaces, the number of
provided parking spaces and any proposed use of proof of parking. The location and quantity of
parking will be reviewed on a case-by-case basis as part of the development review process.
Based on the specifics of the parking plan for the project site a formal Parking Study may be
required. The City Planner should be contacted prior to application and early in the project to
review the parking plan for the project and to determine if a formal Parking Study is required.
Subd. 11. General Requirements and Conditions. Except as otherwise provided in this Section,
properties in the TOD District are subject to all provisions of this chapter that are applicable to all districts
or specifically apply to the TOD District, except that properties within the TOD district are exempt from
the Tree Replacement Plan Requirements provided in Section 11.55, Subdivision 4. Refer to Section
11.08 for provisions that apply to all zoning districts.
Subd. 12. Architectural Standards. All buildings shall comply with Architectural Standards established
in Section 11.46.
Subd. 13. Signage. All sites and buildings shall comply with Sign Permits standards established in
Section 11.70.
Subd. 14. Lighting. All sites and buildings shall comply with Glare standards established in Section
11.08, Subdivision 3.
Subd. 15. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with
the Screening standards in Section 11.42, Off-Street Loading Facilities standards in Section 11.43, Trash
and Recycling standards in Section 11.08, Subdivision 4, and Wastes standards in Section 11.08, Subd.
9.F.
SECTION 11.27 – TC TOWN CENTER DISTRICTS
Subd. 1. Purposes. The intent of the Town Center (TC) zoning district is to provide an area for
development of an attractive, compact, walkable, mixed-use town center that creates a live/work/play
environment for the community. To support the intent of the Town Center, the purposes of the TC zoning
district are to:
A. Provide a mix of higher density regional uses, vertical mixed uses, more housing within walking
distance of services, and a more efficient, compact and connected development pattern;
B. Incorporate connections between the various land uses; including pedestrian, street and visual;
C. Incorporate civic amenities such as urban parks and plazas, civic and cultural spaces, sidewalks
and trails, and landscaped streetscapes;
D. Promote strategies and designs that decrease the need for parking, including compact/mixed-use
development patterns, on-street parking, joint use parking, structured parking, access to transit
and shuttle services, bike sharing, and car sharing;
E. Locate and design buildings that are oriented to public spaces, including streets, sidewalks, plazas
and open spaces, to create the feel and function of a traditional town center and to emphasize a
pedestrian oriented environment;
F. Encourage non-automobile access and circulation, including transit, walking and biking; AND
G. Support an urban design pattern that encourages active living - the integration of physical activity
into daily routines and healthy mobility choices, including walking, biking, riding scooters, and
rollerblading, and other forms of pedestrian travel and includes accommodations for persons with
disabilities to connect to transit.
The standards applicable to the TC zoning district are intended to implement the vision, goals and
principles established in the Eden Prairie Major Center Area Framework Plan and Major Center Area
Planning Principles and the Town Center Design Guidelines, which will be carried out through specific
standards related to land use mix, site planning, building bulk and dimensions, architecture, building
materials, transportation access, parking, landscaping, signage and lighting.
Subd. 2. Definitions. The following terms, as used in this section, shall have the following meanings:
Building Break means a recess in the building façade that provides façade articulation, creates the
impression that one (1) building is two (2) or more buildings, incorporates a unique building element, and
improves the building's overall composition and aesthetic. Minimum requirements for a building break
are a depth of two (2) feet and a width of four (4) feet.
Building Stepback means a setback of a building's upper floor(s) in order to reduce the building's bulk,
articulate the base of the building, ensure a more comfortable street environment, and provide light and
air at street level.
Building Street Frontage means the proportion of a lot's frontage on a public street that is occupied by a
building as measured at the required maximum front yard setback. Corner lots must meet maximum front
yard setback requirements for both public street frontages.
Building Transparency means openings in the street-facing façade of a building which are transparent,
including windows and doors, that enable increased physical and/or visual interaction between
street/sidewalk/plaza activities and a building's interior uses and activities.
Community Commercial means medium-scale retail stores and personal services primarily serving the
residents and employees of the community. No individual building or tenant space shall exceed sixty
thousand (60,000) square feet in area.
Drive-thru Facilities means facilities that accommodate automobiles and from which the occupants of the
automobiles may make purchases or transact business, including the stacking spaces needed for waiting
vehicles. Examples of drive-thru facilities include, but are not limited to, drive-up windows, menu boards,
order boards or boxes, drive-in restaurants and drive-up banks.
Ground Floor Height means measurement taken from floor to floor.
Joint Use Parking means a parking facility shared by two (2) or more uses, tenants or properties.
Mixed-Use Building means a multi-story building that contains allowed retail and services on the ground
floor and allowed residential and/or office uses on the upper floors.
Neighborhood Commercial means small-scale retail stores and personal services primarily serving nearby
residential areas and nearby businesses and their employees and small-scale specialty shops and services
that contribute to the uniqueness and vibrancy of Town Center and may attract a larger trade area. No
individual tenant space shall exceed ten thousand (10,000) square feet in area with the exception of
grocery stores, which shall not exceed twenty thousand (25,000) square feet in area. Drive-thru facilities
are prohibited as a neighborhood commercial use.
Public Open Space means a publicly or privately owned area such as a park, trail, sidewalk or plaza that
is accessible to the public.
Usable Outdoor Open Space means planned and improved outdoor facilities and open spaces that provide
active or passive recreational, relaxation or gathering opportunities, including, but not limited to, any one
(1) or more of the following: parks; plazas; play areas; maintained and landscaped lawn with trees and
seating areas; natural or landscaped walking paths and running trails; pedestrian spaces; publicly
accessible natural or wildlife viewing areas; gardens; ponds and water features; and other similar
environments. Usable outdoor open space shall not include: landscape strips or
enlargements/enhancements of landscaping areas adjacent to the sidewalk; shrubs, flowers and other low
profile landscaping around buildings, sidewalks and parking areas; required minimum building setback
areas; yards associated with private dwellings; or outdoor areas that prohibit public or resident access
during normal business hours for the area. No areas of usable open space shall contain less than two
thousand (2,000) contiguous square feet. Usable open space in Mixed Use and Commercial sub-districts
should be located near primary building entrances and be accessible by the public from a public sidewalk
or streetscape area at least during normal business hours of the surrounding area.
Visitor Parking means an off-street, surface parking area for motor vehicles that will be parked for short
periods of time, and visiting within the Town Center district. Visitor parking does not include long term
or all day employee parking or parking of delivery vehicles engaged in loading or unloading goods.
Subd. 3. Sub-Districts. The TC zoning district is divided into three (3) sub-districts:
A. Town Center Mixed Use (TC-MU). Town Center Mixed-use requires higher intensity vertical
mixed-use buildings with ground floor retail shops, services and restaurants that front onto Town
Center's "Main Streets" and are pedestrian-oriented. In order to support a live/work/play
environment, the upper floors shall be primarily residential uses, both rental and ownership
housing, with a minimal amount of office uses allowed.
B. Town Center Residential (TC-R). Town Center Residential allows a mix of stacked housing types
including high density high-rise residential and high density mid-rise residential. These higher
density housing types, both rental and ownership, shall be designed to optimize the district's
walkable access to retail, services, restaurants, parks and trails, transit and community facilities.
High rise buildings shall be located and designed to take advantage of views of nearby natural
amenities and where significant shading of lower buildings will not occur.
C. Town Center Commercial (TC-C). Town Center Commercial allows a mix of lower intensity
commercial uses including community retail, services, restaurants, entertainment, office, and
hospitality/lodging. Site layout, building design and parking strategies shall support the compact
and pedestrian-oriented character of the district.
Subd. 4. Design Guidelines. All new development, redevelopment and subdivisions within the Town
Center district shall be in substantial conformance with the Town Center Design Guidelines.
Development proposals will be reviewed as part of the Site Plan and Architectural Design Review process
for conformance with the City Codes and the Design Guidelines.
Subd. 5. Permitted Uses. Refer to the table in Section 11.06.
Subd. 6. Permitted Building Types. The following building types are established as the only types of
new buildings allowed within the TC district.
A. Building Type A, Vertical Mixed-Use Residential/Commercial. Type A buildings shall have
retail, restaurant and/or service uses on the ground floor with residential on the upper floors.
Parking may be included below or above the ground floor.
B. Building Type B, Vertical Mixed-Use Office/Commercial.
C. Building Type C, High-Rise Residential.
D. Building Type D, Mid-Rise Residential.
E. Building Type E, Entertainment/Restaurant/Services. Type E buildings may include
entertainment, restaurant and/or services uses.
F. Building Type F, Hospitality/Lodging.
G. Building Type G, Community Retail.
H. Building Type H, Parking Structure.
Table 1 establishes where the permitted building types can be located within the Town Center district.
Table 1: Permitted Building Types in Town Center District
Building Type TC-MU TC-R TC-C
Type A P
Type B P
Type C P
Type D P
Type E P
Type F P
Type G P
Type H P P P
Subd. 7. Requirements and Conditions. In addition to those other provisions in this Chapter that are
applicable to all zoning districts or specifically apply to the TC District, the following conditions and
requirements apply to the TC District:
A. Zoning applications will be considered only on the basis of compliance with the Comprehensive
Guide Plan for the entire area to be zoned and specific plans for initial structures and site
development.
B. Any provisions contained in this Section 11.27, which are inconsistent with or are in conflict with
any other provision of the City Code will supersede such other provisions.
C. All zoning and development applications must include a trip generation analysis that indicates the
traffic impacts on the overall Major Center Area (MCA) and demonstrates that the proposed
development is not in conflict with the MCA traffic model.
D. Acceptable, approved sanitary sewer and water services must be provided to all occupied
structures.
E. In the TC-MU District, retail and personal service uses are limited to Neighborhood Commercial
uses as defined in Subdivision 2 of this section.
F. In the TC-C District, retail and personal service uses are limited to Community Commercial uses
as defined in Subdivision 2 of this section.
G. In the TC-C and TC-MU Districts, drive thru facilities are prohibited.
H. In the TC-R District, High-Rise Residential buildings must have a minimum gross density of 60
units per acre and Mid-Rise Residential buildings must have a minimum gross density of 40 units
per acre
I. In the TC-MU District, business and professional offices and clinics must be located in mixed-use
buildings, may not be located on the ground floor, and may not occupy more than twenty-five
percent (25%) of upper floors' gross square footage.
J. In the TC-MU District, Mid-Rise Residential buildings must have ground floor retail, restaurant,
and/or services. Ground floor uses with street frontage must be one hundred percent (100%)
retail, restaurant, and/or services.
K. Lots must have frontage on a public street.
L. Architectural standards, signage, lighting, mechanical equipment, trash, and loading facilities
must be in substantial conformance with the Town Center Design Guidelines.
Subd. 8. Building Bulk & Dimension Standards. Table 2 establishes specific bulk and dimension
standards for new buildings in the Town Center District.
Table 2: Building Bulk & Dimension Standards for Town Center District
Standard TC-MU TC-R TC-C
Lot Size None None None
Lot Width 50 ft. min. 50 ft. min. 50 ft. min.
Lot Depth 100 ft. min. 100 ft. min. 100 ft. min.
Front Yard Setback
(ft.)4
0 min. 10 max. 10 min. 20 max. 0 min. 15 max.
Side Yard Setback (ft.) 0 min. 10 min. 5 min.
Rear Yard Setback (ft.) 0 min. 20 min. 10 min.
Building
Height1
(# of floors)
4 min. 6 max. 4 min. 10 max. 1 min. 3 max2
Building Footprint
Coverage
50% min. 75% max. 40% min. 60% max. 30% min. 50% max.
Floor Area Ratio
(FAR)1
2.25 max. 2.25 max. 0.5 max.2
Building Street
Frontage
75% min. 60% min. 50% min.
Impervious Surface
Coverage
90% max. 75% max. 75% max.
Ground Floor Height 12 ft. min None 12 ft. min.
Street Façade Building
Stepback
8 ft. min
(above 4 floors)
8 ft. min.
(above 6 floors)
N/A
Street Façade Building
Breaks3
20% min. 15% min. 15% min.
Street Level Frontage
Transparency
60% min. 20% min. 40% min.
Usable Outdoor Open
Space
5% min. 10% min. N/A
1 Parking structures shall not be included in calculation of number of Floors, FAR and Building Footprint
Coverage.
2 Maximum building height and maximum FAR may be exceeded for permitted hotel, lodging and
entertainment uses, when the peak period trips generated is in compliance with the MCA traffic model.
3 Buildings exceeding forty (40) feet in width along a street are required to incorporate building breaks in
the street façade that break the building into smaller facades, which may be a maximum of forty (40) feet
in width.
4 Front Yard Setbacks may be increased if outdoor dining or usable open space is proposed as part of a
Planned Unit Development. Awnings, decks, overhangs, stairs, steps, retaining walls and structures, signs
or bicycle parking, etc. shall not project into the public right-of-way.
Subd. 9. Non-Residential Building Orientation to Street and Pedestrian Areas. All new mixed-use
and commercial buildings shall provide a variety of active uses and pedestrian-oriented design features
along streets and pedestrian areas. These design features include, but are not limited to, the use of
multiple storefronts or businesses, multiple entrances into large single-tenant buildings, and design
treatments of facades, entrances, windows, and other similar features. Buildings and developments shall
comply with the following standards for building orientation:
A. All new buildings shall have primary entrance doors facing a public sidewalk or public open
space and spaced no more than sixty (60) feet apart. A primary entrance is defined as a principal
entrance through which people enter the building. A building or individual business may have
more than one (1) primary entrance. Building entrances may include doors to individual
businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a
cluster of stores. Primary entrances shall be open to the public during all business hours.
B. Primary building entrances shall be architecturally emphasized and visible from the street.
Primary building entrances shall be clearly defined and highly visible utilizing design features
such as awnings, canopies, pillars, unique building materials and/or architectural details.
C. A minimum percentage of a mixed-use and commercial building's street-facing ground level
façade between two (2) feet and eight (8) feet in height shall be comprised of clear windows, as
specified in the Street Level Frontage Transparency standard in Table 3 above, in order to allow
views of indoor non-residential space or product display areas. Required windows shall have a
sill no higher than four (4) feet above the adjacent sidewalk.
Subd. 10. Off-Street Vehicle Parking Standards.
A. Due to the more urban pedestrian oriented character of the Town Center area, the location and
quantity of off-street parking spaces will be reviewed on a case-by-case basis as part of the
development review process. In general, the intent is for developments to provide a reduced
number of off-street parking spaces to account for availability of joint and shared-use parking,
parking efficiencies resulting from a compact mixed-use development pattern, on-street parking,
transit, walking and bicycling. Off-street parking facilities shall be provided as established in
Table 3 or as determined through the development review process, recognizing the potential for
district, shared and public parking. Table 3 establishes minimum and maximum off-street parking
standards for uses within the Town Center district.
Table 3: Off-Street Parking Space Standards for Town Center District
Use TC-MU
(# of spaces)
TC-R
(# of spaces)
TC-C
(# of spaces)
Minimum Maximum Minimum Maximum Minimum Maximum
Multiple-
Family
Residential
1/dwelling
unit
1/ bedroom 1/dwelling
unit
1/bedroom N/A N/A
Retail
Stores &
Services
3/1,000 sq.
ft. (G.F.A.)
5/1,000 sq.
ft (G.F.A.)
N/A N/A 3/1,000 sq.
ft. (G.F.A.)
5/1,000 sq.
ft. (G.F.A.)
Restaurant 1/3 seats 1/2.5 seats N/A N/A 1/3 seats 1 / 2.5 seats
Office 3/1,000 sq.
ft. (G.F.A.)
4/1,000sq.
ft. (G.F.A.)
N/A N/A 3/1,000 sq.
ft. (G.F.A.)
5/1,000 sq.
ft. (G.F.A.)
Hotel N/A N/A N/A N/A 1/guest
room
+1/employee
N/A
Visitor N/A 1/5 dwelling
units
N/A 1/5 dwelling
units
N/A N/A
Others As determined by site plan review. A parking demand study may be required. Proof of
parking may be required by the City Engineer to be included as part of a parking
demand study.
B. On-site parking is prohibited in the front yard directly in front of a building, except for frontage
along Highway 212. Parking shall be provided to the rear or side of buildings.
C. All parking in the TC-MU sub-district shall be in a parking structure or on the street.
D. All off-street parking for residents in the TC-R sub-district shall be provided in an enclosed
building or structure.
E. Parking structure facades visible from public streets and public open spaces shall architecturally
complement the building or buildings the parking structure serves through the use of exterior
materials, architectural elements, and color. Parking structures shall include architectural
elements that enhance the structure, break up its mass, and complement the building or buildings
the parking structure serves. Examples of specific architectural elements that assist in meeting
this requirement include decorative piers and pilasters, banding, reveals, architectural accents,
wall plane articulation, decorative artwork, ornamental grillwork, recessed window openings,
façade treatment variations, and locating tenant signs on the side of parking ramps.
F. Parking structures may also incorporate liner buildings that screen the parking structure with
active street-level uses. Liner building may include upper floor uses or may utilize appropriate
architectural elements as described above.
G. The location and design of off-street parking will be reviewed on a case-by-case basis as part of
the development review process. Off-street parking requirements may be reduced if the applicant
demonstrates meeting the requirement through joint use, district, off-site, or on-street parking.
H. Parking ramps facing a public street must be lined on the street-facing side with an active ground
floor use or commercial ready space. If no upper floor uses are present the ramp must be
appropriately screened as required.
I. For new development occurring within the TC Districts, on-street parking along the uses's lot
frontage may count towards the parking requirements when reviewed and approved through a
Planned Unit Development. This count shall be rounded to the nearest whole number.
J. Parking structures shall not be included in calculation of number of floors and FAR.
Subd. 11. Supplemental Analysis or Study.
A. Traffic. All development and zoning projects in the TC District require documentation of the
expected traffic impacts of the development. The scope of the traffic analysis is dependent on
several factors including the size, type, and location of the development. The City Engineer
should be contacted early in the project to determine the appropriate scope of the traffic analysis
and to determine if a formal Traffic Impact Study is required. All development applications,
regardless of size, shall document the size and type of the proposed development and provide
Daily, a.m. Peak, and p.m. Peak traffic generation estimates for the development.
B. Traffic Demand Management (TDM). All development applications for office uses shall include a
Travel Demand Management (TDM) plan. The plan shall document TDM measures to be
implemented, a two-year budget, and an evaluation plan. TDM strategies that should be
considered in the TDM plan include, but are not limited to, financial incentives for car poolers,
van poolers and bicyclists, subsidized transit passes, preferential location of carpool/vanpool
parking, bicycle racks and storage, access to shower and lockers, and promotion of commuter
programs. As a condition of approval a TDM plan, security in the form of a cash escrow, letter of
credit with a corporation approved by the City Manager or other guarantee acceptable to the City
Manager equal to one hundred percent (100%) of the cost of implementing the first two (2) years
of the TDM Plan will be required. All new residential development applications should consider
TDM strategies such as bikeshare and carshare memberships, subsidized transit passes, and an
information kiosk onsite.
C. Parking. All zoning and development projects in the TC District require documentation of the
parking plan for the project site including the number of required parking spaces, the number of
provided parking spaces and any proposed use of proof of parking. The location and quantity of
parking will be reviewed on a case-by-case basis as part of the development review process.
Based on the specifics of the parking plan for the project site a formal Parking Study may be
required. The City Planner should be contacted prior to application and early in the project to
review the parking plan for the project and to determine if a formal Parking Study is required.
Subd. 12. Pedestrian and Off-Street Bicycle Facility Standards.
A. Public sidewalks and/or trails may be required to be constructed by the applicant in conformance
with the Comprehensive Guide Plan and/or the City Pedestrian and Bicycle Plan. Design shall
conform to the requirements of the City Engineer, Parks and Recreation Director or designee.
B. An off-street sidewalk or multi-use trail shall be provided by the applicant that connects the front
door of the building to adjacent public sidewalks or trails that are either existing or contemplated
in an approved city trail plan or Capital Improvement Plan.
C. Off-Street Bicycle parking shall be provided at the following ratios at the time of initial certificate
of occupancy and at the time of an enlargement of a structure:
1. Office - minimum of ten (10) spaces, plus one (1) space per seven thousand five hundred
(7,500) square feet of gross floor area.
2. Commercial - minimum of ten (10) spaces, plus one (1) space per three thousand five
hundred (3,500) square feet of gross floor area.
3. Public - minimum of ten (10) spaces, plus one (1) space per three thousand five hundred
(3,500) square feet of gross floor area.
4. Light Industrial - minimum of ten (10) spaces, plus one (1) space per ten thousand
(10,000) square feet of gross floor area.
5. Residential - one (1) space per two (2) dwelling units.
D. Location. Bicycle parking shall be located within fifty (50) feet of the primary building
entrance(s) and shall not obstruct sidewalks except as approved through a shared bicycle plan as
referenced in Subsection G.
E. Bicycle racks shall be securely anchored to the ground and on a hard surface. Up to twenty-five
(25) percent of bicycle parking may be temporary or seasonal, but all temporary or seasonal
bicycle parking shall be included within the Proof of Bicycle Parking plan.
F. Covered spaces. If twenty (20) or more bicycle spaces are required, then at least fifty (50) percent
of the required bicycle spaces shall be covered. Coverage may be provided under roof overhangs
or awnings, in bicycle lockers, indoor room, fenced in corral, within adjacent parking structures,
or within underground parking structures.
G. Shared Bicycle Parking. Shared off-street bicycle parking facilities are allowed to collectively
provide bicycle parking in any district for more than one (1) structure or use. The applicant shall
demonstrate meeting the requirement through a joint use, district or shared parking agreement.
H. Proof of Bicycle Parking. Any bicycle parking not constructed, as shown on the site plan, shall be
constructed when determined necessary by the City Planner. If the applicant demonstrates to the
satisfaction of the City Planner that the required bicycle parking is in excess of the actual
demand, all of the required bicycle parking need not be constructed prior to the issuance of the
initial certificate of occupancy for the building being served. The area of future parking shall be
landscaped, which landscaping shall not be used to satisfy landscaping requirements. The City
Planner shall notify the property owner in writing of the need to construct additional proof of
bicycle parking spaces. No more than 50 percent of bicycle parking stalls may be placed in proof
of bicycle parking.
Subd. 13. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts.
Subd. 14. Architectural Standards. All buildings shall comply with Architectural Standards established
in Section 11.46 of Chapter 11 of the City Code and shall be in substantial conformance with the Town
Center Design Guidelines.
Subd. 15. Landscaping.
A. All sites and buildings within the TC district shall comply with Screening and Landscaping
standards established in Section 11.42, except for Subdivision 5.A (Minimum Size Requirements
for Plantings) and Subdivision 5.B (Total Caliper Inches Required). The following standards
apply within the TOD district in lieu of Section 11.42, Subdivision 5.A and Subdivision 5.B:
1. Minimum Size Requirements for Plantings: Deciduous overstory plantings shall be a
minimum of three (3) caliper inches; deciduous understory trees shall be a minimum of
two (2) caliper inches; and coniferous trees shall be a minimum of eight (8) feet in height.
2. Total Caliper Inches Required: Sites up to five (5) acres of on-site pervious area require a
minimum of three (3) caliper inches of trees for every 500 square feet of the on-site
pervious surface area. Sites with 5 acres or greater of on-site pervious area require a
minimum of three (3) caliper inches of trees for every seven hundred fifty (750) square
feet of the on-site pervious area. Pervious pavement areas, green roofs, and
undevelopable areas including but not limited to: wetlands, floodways, archeological
resource areas, and water bodies are excluded from the on-site pervious surface area
calculation.
3. Planting beds and/or decorative planting containers may replace up to fifty (50%) of the
required caliper inches for trees at a rate of three (3) caliper inches of trees per five
hundred (500) square feet of cumulative planting beds and/or decorative planting
containers.
4. Planting Beds and/or Decorative Planting Containers: Each planting bed or container
shall include a variety of plants which may include shrubs, ornamental grasses, ground
cover, vines, annuals, or perennials to provide year round color and interest. Native plant
species to the local hardiness zone and those which provide interest and/or color in the
winter are encouraged.
5. Existing trees on the developable portions of the site that will remain after construction
and/or existing trees on the overall site that provide benefits such as screening may be
considered as counting toward a portion of the caliper inches required by this section as
determined through the Development Review process. Any existing trees proposing to
remain shall be determined to be healthy and of the appropriate species as determined by
the City.
6. Eco-grass, green roofs, rooftop gardens, limiting irrigation through xeriscaping and
rainwater collection and reuse, public art, and other sustainable practices related to
landscaping may be considered as counting toward a portion of the caliper inches
required by this section as determined through the Development Review process.
B. Landscaping shall be in substantial conformance with the Town Center Design Guidelines. Due
to the urban character of the Town Center District, less landscape space will be available than in
other zoning districts. Therefore a higher level of design detail and level of landscaping is
required for the concentrated open space, pervious surface areas, plazas, planters, screening areas
and streetscape areas. Rooftop gardens and green roofs are encouraged. A detailed landscape plan
prepared by a landscape architect shall be submitted with the development application.
Subd. 16. Signage. All sites and buildings shall comply with Sign Permits standards established in
Section 11.70 and shall be in substantial conformance with the Town Center Design Guidelines.
Subd. 17. Lighting. All sites and buildings shall comply with Glare standards established Section 11.08,
Subdivision 3, and shall be in substantial conformance with the Town Center Design Guidelines.
Subd. 18. Mechanical Equipment, Trash, Loading Facilities. All sites and buildings shall comply with
the Screening standards in Section 11.42, Off-Street Loading Facilities standards in Section 11.43, Trash
and Recycling standards in Section 11.08, Subdivision 4, and Wastes standards in Section 11.08,
Subdivisin 9.F.
SECTION 11.28 – A-C AIRPORT COMMERCIAL DISTRICT
Subd. 1. Purposes of Airport C-Commercial. The purposes of the Airport C-Commercial District (A-C)
are to:
A. Provide appropriately located areas for retail stores, offices, service establishments, restaurants, business and professional offices and accessory uses, gasoline/convenience stores and amusement establishments;
B. Provide opportunities for retail stores, offices, service establishments, and amusement establishments, to concentrate for the convenience of the public and in mutually beneficial relationship to each other;
C. Provide space for community facilities and institutions that appropriately may be located in
commercial areas;
D. Provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas;
E. Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and
F. Protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, traffic,
fire, explosion, noxious fumes, and other hazards.
Subd. 2. Permitted Uses. Refer to the table in Section 11.05.
Subd. 3. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the Airport C-Commercial district, unless otherwise noted:
Standard A-C
Minimum Lot Size 2 acres
Minimum Lot Width 200 ft
Minimum Lot Depth 200 ft
Minimum Lot Width at Right of
Way Line 200 ft
Front Yard Setback 35 ft
Side Yard Setback 20 ft
Rear Yard Setback 10 ft
Maximum Building Height 30 ft
Maximum Floor Area Ratio 0.2—1 Story
0.4—2 Story
Maximum Base Area Ratio 0.2
B. The following minimum standards apply for all accessory structures in the Airport C-Commercial district, unless otherwise noted:
Standard Rural (R)
Front Yard Setback 35 ft
Side Yard Setback 10 ft
Rear Yard Setback 10 ft
Maximum Height 15 ft
Subd. 4. Requirements and Conditions. In addition to those other provisions in this Chapter that are
applicable to all zoning districts or specifically apply to the A-C District, the following conditions and
requirements apply to the A-C District:
A. Acceptable, approved sanitary sewer service must be provided to all occupied structures and uses.
B. Lots must have frontage on a public street. Corner lots must have additional width equal to the minimum interior side yard setback requirement and must in no case be less than ninety (90)
feet.
C. In the case of gasoline/convenience stores, the following criteria apply:
1. All buildings and pump canopies must have peaked roofs and relate architecturally in
scale, proportion, materials and detail, and color with the building.
2. Pump canopies must be connected with the primary store structure. Pump canopies must be located behind the store and oriented away from adjoining residential areas. Canopy
ceilings must be textured or have a flat finish.
3. All site walls, screen walls and pump island canopies must be architecturally integrated with the building with similar materials, colors, and detailing.
4. Average horizontal luminance at grade may not exceed ten foot-candles, with individual lamps not to exceed two hundred fifty (250) watts. The fascias of the canopy must extend at least twelve (12) inches below the lens of the fixture to block the direct view of the light sources and lenses from property lines. Recessed non glare lighting must be used under the canopy. Average horizontal luminance at grade at the property line may not exceed 0.5 foot-candles.
5. Service areas, storage areas and refuse enclosures must be screened from public view, adjacent streets and residential areas.
6. A landscape buffer is required to provide screening from adjacent residential uses.
Subd. 5. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject
to the terms or conditions of the City Code
Subd. 6. Restrictions. In addition to the requirements set forth in this section, construction of any
building or structure situated within the Airport - Commercial District must comply with all federal and
state statutes, regulations, rules, laws, restrictions, guidance, and directives, and Metropolitan Airports
Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud
Airport and runway protection zones.
Subd. 7. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts.
Subd. 8. Landscaping. Landscaping and screening is required pursuant to Section 11.42..
Subd. 9. Parking and Off-street loading. Refer to in Section 11.43 for parking and off-street loading
standards.
Subd. 10. Architectural Standards. Refer to Section 11.46 for architectural standards.
Subd. 11. Signs. Refer to Section 11.70 for sign regulations.
Subd. 12. Shoreland Management. Refer to Section 11.50 for shoreland management standards.
Subd. 13. Wetlands. Refer to Section 11.51 for wetland protection standards.
Subd. 14. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55
for regulations regarding land alteration, tree preservation, and stormwater management.
Subd. 15. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground
development regulations.
Subd. 16. Floodplain. Refer to Section 11.45 for floodplain regulations.
SECTION 11.29 – A-OFC AIRPORT OFFICE DISTRICT
Subd. 1. Purposes of Airport – Office. The purposes of the Airport – Office District (A-OFC) are to:
A. Provide opportunities for offices of a semi-commercial character to locate outside of commercial districts;
B. Establish and maintain in portions of the City the high standards of site planning, architecture, and landscape design sought by many business and professional offices;
C. Provide adequate space to meet the needs of modern offices, including off-street parking of
automobiles and, where appropriate, off-street loading of trucks;
D. Provide space for semi-public facilities and institutions that appropriately may be located in office districts;
E. Minimize traffic congestion and avoid the over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; and
F. Protect offices from noise, disturbance, traffic hazards, safety hazards, and other objectionable
influences incidental to certain commercial uses.
Subd. 2. Permitted Uses. Refer to the table in Section 11.05.
Subd. 3. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the Airport Office district, unless otherwise noted:
Standard A-OFC
Minimum Lot Size 20,000 sf
Minimum Lot Width 100 ft
Minimum Lot Depth 100 ft
Minimum Lot Width at Right of
Way Line 100 ft
Front Yard Setback 35 ft
Side Yard Setback 20 ft one side, 50 ft
both sides
Rear Yard Setback 20 ft
Maximum Building Height 30 ft
Maximum Floor Area Ratio 0.3—1 Story
0.5—Multi Story
Maximum Base Area Ratio 0.3
B. The following minimum standards apply for all accessory structures in the Airport Office district, unless otherwise noted:
Standard Rural (R)
Front Yard Setback 35 ft
Side Yard Setback 10 ft
Rear Yard Setback 10 ft
Maximum Height 15 ft
Subd. 4. Requirements and Conditions. In addition to those other provisions in this Chapter that are
applicable to all zoning districts or specifically apply to the Airport-Office District, the following
conditions and requirements apply to the Airport-Office District:
A. All professional pursuits and businesses must be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas.
B. Acceptable, approved sanitary sewer service must be provided to all occupied structures.
Subd. 5. Aeronautical Uses. Aeronautical Uses and Aeronautical Development Projects are not subject
to the terms or conditions of the City Code
Subd. 6. Restrictions. In addition to the requirements set forth in this section, construction of any
building or structure situated within the Airport - Office District must comply with all federal and state
statutes, regulations, rules, laws, restrictions, guidance, and directives, and Metropolitan Airports
Commission rules and regulations concerning aeronautical safety and operation within the Flying Cloud
Airport and runway protection zones.
Subd. 7. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts.
Subd. 8. Landscaping. Landscaping and screening is required pursuant to Section 11.42.
Subd. 9. Parking and Off-street Loading. Refer to in Section 11.43 for parking and off-street loading
standards.
Subd. 10. Architectural Standards. Refer to Section 11.46 for architectural standards.
Subd. 11. Signs. Refer to Section 11.70 for sign regulations.
Subd. 12. Shoreland Management. Refer to Section 11.50 for shoreland management standards.
Subd. 13. Wetlands. Refer to Section 11.51 for wetland protection standards.
Subd. 14. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55
for regulations regarding land alteration, tree preservation, and stormwater management.
Subd. 15. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground
development regulations.
Subd. 16. Floodplain. Refer to Section 11.45 for floodplain regulations.
SECTION 11.30 – I INDUSTRIAL DISTRICTS
Subd. 1. Purposes.
A. The purposes of the I-Industrial District are to:
1. Reserve appropriately located area for industrial and related activities;
2. Protect areas appropriate for industrial use from intrusion by inharmonious uses;
3. Protect residential and commercial properties and protect nuisance-free, non-hazardous, industrial uses from noise, odor, insect nuisance, dust, dirt, smoke, vibration, heat and cold, glare, truck and rail traffic, and other objectionable influences, and from fire, explosion, noxious fumes, radiation, and other hazards incidental to certain industrial
uses;
4. Provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationship to each other;
5. Provide adequate space to meet the needs of modern industrial development including off-street parking and truck loading areas and landscaping;
6. Provide sufficient open space around industrial structures to protect them from the hazards of fire and minimize the impact of industrial plants on nearby uses;
7. Minimize traffic congestion and avoid the over-loading of utilities by preventing the
construction of buildings of excessive size in relation to the amount of land around them; and
8. Permit and reserve areas for employment activity and service to the public which do not
materially detract from nearby industrial uses.
B. The special purposes of the I-2 and I-5 Districts are to:
1. Establish and maintain high standards of site planning, architecture, and landscape design that will create an environment attractive to the most discriminating industries and research and development establishments seeking sites in the Metropolitan area.
2. Provide and ensure the continuity of locations for industries that can operate on small
sites with minimum mutual adverse impact.
C. The special purpose of the I-GEN General Industrial District is to provide locations where industries that desire larger sites and outside storage can operate with minimum restriction and without adverse effect on other uses.
Subd. 2. Permitted Uses. Refer to the table in Section 11.05.
Subd. 3. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the Industrial districts, unless otherwise noted:
Standard I-2 I-5 I-Gen
Minimum Lot
Size
2 acres 5 acres 5 acres
Minimum Lot
Width
200 ft 300 ft 300 ft
Minimum Lot
Depth
300 ft 300 ft 300 ft
Minimum Lot
Width at Right
of Way Line
200 ft 300 ft 300 ft
Front Yard
Setback
50 ft 75 ft 75 ft
Side Yard
Setback
20 ft 30 ft 30 ft
Rear Yard
Setback
25 ft 25 ft 50 ft
Maximum
Building Height
40 ft 40 ft 40 ft
Maximum Floor
Area Ratio
(FAR)
0.3—1 Story
0.5—Multi
Story
0.3—1 Story
0.5—Multi
Story
0.3—1 Story
0.5—Multi
Story
Maximum Base
Area Ratio
(BAR)
.3 .3 .3
Minimum Zone
Area (Acres)
40 40 80
B. The following minimum standards apply for all accessory structures in the Industrial districts, unless otherwise noted:
Standard I-2 I-5 I-Gen
Front Yard Setback 50 ft 75 ft 75 ft
Side Yard Setback 20 ft 20 ft 20 ft
Rear Yard Setback 25 ft 25 ft 50 ft
Maximum Height 40 ft 40 ft 40 ft
Subd. 4. Requirements and Conditions. In addition to those other provisions in this Chapter that are
applicable to all zoning districts or specifically apply to the Industrial Districts, the following conditions
and requirements apply to the Industrial Districts:
A. Acceptable, approved sanitary sewer service must be provided to all occupied structures.
B. Zoning requests will be considered only on the basis of compliance with the Comprehensive Guide Plan for the entire area to be zoned and specific plans for initial structures and site development.
C. Office uses as permitted in the Office District are permitted in the Industrial District. Office use
in the Industrial District may not exceed fifty percent (50%) of the gross floor area. Such office uses must comply with all of the requirements of this chapter.
D. Lots must have frontage on a public street. Corner lots must additional width equal to the
minimum interior side yard setback requirement and must in no case be less than ninety (90) feet.
Subd. 5. Sexually Oriented Businesses.
A. Purpose and Findings. The purpose of this subdivision is to control, through zoning regulations, sexually oriented businesses, which have a direct and detrimental effect on the character of the City's residential and commercial neighborhoods. The City Council makes the following findings regarding the effect sexually oriented businesses have on the character of the City's neighborhoods.
1. Sexually oriented businesses can exert a dehumanizing influence on persons attending places of worship; children attending day care facilities; and students attending public or private schools.
2. Sexually oriented businesses can contribute to an increase in criminal activity in the area in which such businesses are located, taxing city crime-prevention programs and law-enforcement services.
3. Sexually oriented businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the character and quality of the residential housing in the area in which such businesses are located, thereby exacerbating the
shortage of affordable and habitable housing for City residents.
4. The concentration of sexually oriented businesses in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually oriented businesses. The presence of such businesses is perceived by others as an indication that the area is deteriorating and the result can be
devastating. Other businesses move out of the vicinity and residents flee from the area. Declining real estate values, which can result from the concentration of such businesses, erode the City's tax base and contribute to overall urban blight.
B. Permitted Use. Sexually oriented businesses are a permitted use in the I-2 and I-5 Districts as identified on the Zoning Map of the City of Eden Prairie subject to the restrictions contained in this subdivision. Sexually oriented businesses are prohibited in all other districts.
C. Performance Standards. All sexually oriented businesses shall comply with the following performance standards:
1. No sexually oriented business may be located closer than one thousand (1,000) feet from any other sexually oriented business. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property
line of the building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the other sexually oriented business.
2. No sexually oriented business may be located closer than one thousand (1,000) feet from any place of worship, day care facility, or school. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the place of worship, day care facility, or school.
3. No sexually oriented business may be located closer than one thousand (1,000) feet from any residential use. Measurements will be made in a straight line, without regard to intervening structures or objects, from the nearest point of the property line of the
building occupied by the sexually oriented business to the nearest point of the property line of the building occupied by the residential use.
D. Licensing. All sexually oriented businesses shall comply with the licensing requirements of City
Code Section 5.77.
E. Sign Regulations. In addition to the sign regulations contained in Section 11.70, the following sign regulations apply to all sexually oriented businesses in the City. Where a provision of this
subsection E conflicts with a provision of Section 11.70, the more restrictive provision will apply.
1. All signs shall be wall signs. Free-standing signs, readerboard signs, and dynamic displays are prohibited.
2. The amount of allowable sign area is ten percent (10%) of the wall area that the sexually oriented business occupies of the wall to which it is affixed or thirty (30) square feet, whichever is less.
3. No merchandise, photos, or pictures of the products or entertainment on the premises may be displayed in window areas or any area where they can be viewed from the sidewalk or public right-of-way adjoining the building in which the sexually oriented
business is located.
4. No signs may be placed in any window. A one (1) square foot sign may be placed on the door to state hours of operation and admittance to adults only.
Subd. 6. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts.
Subd. 7. Landscaping. Landscaping and screening is required pursuant to Section 11.42.
Subd. 8. Parking and Off-street Loading. Refer to in Section 11.43 for parking and off-street loading
standards.
Subd. 9. Architectural Standards. Refer to Section 11.46 for architectural standards.
Subd. 10. Signs. Refer to Section 11.70 for sign regulations.
Subd. 11. Shoreland Management. Refer to Section 11.50 for shoreland management standards.
Subd. 12. Wetlands. Refer to Section 11.51 for wetland protection standards.
Subd. 13. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55
for regulations regarding land alteration, tree preservation, and stormwater management.
Subd. 14. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground
development regulations.
Subd. 15. Floodplain. Refer to Section 11.45 for floodplain regulations.
SECTION 11.35 – PUB PUBLIC DISTRICT
Subd. 1. Purposes. The purposes of the PUB - Public District are to provide a procedure for the orderly
establishment of public facilities, expansion of their operations, or change in the use of lands owned by
governmental agencies or entities that operate places of worship, cemeteries, private schools, and
community centers as defined by City Code and for the identification of drainage ways and flood plains.
Subd. 2. Permitted Uses. Refer to the table in Section 11.07.
Subd. 3. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the Public district, unless otherwise noted:
Standard Public
Minimum Lot
Size
N/A
Minimum Lot
Width
N/A
Minimum Lot
Depth
N/A
Minimum Lot
Width at Right
of Way Line
N/A
Front Yard
Setback
50 ft
Side Yard
Setback
50 ft one side,
both sides 150
ft
Rear Yard
Setback
50 ft
Maximum
Building Height
30 ft
Maximum Floor
Area Ratio
(FAR)
N/A
Maximum Base
Area Ratio
(BAR)
N/A
B. The following minimum standards apply for all accessory structures in the Public district, unless otherwise noted:
Subd. 4. Requirements and Conditions. In addition to those other provisions in this Chapter that are
applicable to all zoning districts or specifically apply to the PUB District, the following conditions and
requirements apply to the PUB District:
A. Lots must have frontage on a public street. Corner lots must have additional width equal to the
minimum interior side yard setback requirement and must in no case be less than ninety (90)
feet.
B. A private school and related boarding facility may be located on a parcel of land of not less than
twenty-five (25) acres and must have a floor-to-area ratio of 0.1 to 1.0. Such use may not include
any outside storage.
Subd. 5. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts.
Subd. 6. Landscaping. Landscaping and screening is required pursuant to Section 11.42.
Subd. 7. Parking and Off-street Loading. Refer to in Section 11.43 for parking and off-street loading
standards.
Subd. 8. Architectural Standards. Refer to Section 11.46 for architectural standards.
Subd. 9. Signs. Refer to Section 11.70 for sign regulations.
Subd. 10. Shoreland Management. Refer to Section 11.50 for shoreland management standards.
Subd. 11. Wetlands. Refer to Section 11.51 for wetland protection standards.
Subd. 12. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55
for regulations regarding land alteration, tree preservation, and stormwater management.
Subd. 13. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground
development regulations.
Subd. 14. Floodplain. Refer to Section 11.45 for floodplain regulations.
Standard Public
Front Yard Setback 50 ft
Side Yard Setback 30 ft
Rear Yard Setback 30 ft
Maximum Height 30 ft
SECTION 11.26 – GC GOLF COURSE DISTRICT
Subd. 1. Purposes. The purpose of the GC-Golf Course District is to specify a land use district applicable
and consistent with the historical and contractual development and use of the City's golf courses.
Subd. 2. Permitted Uses. Refer to the table in Section 11.07.
Subd. 3. Building Bulk and Dimension Standards.
A. The following minimum standards apply in the Golf Course district, unless otherwise noted:
Standard Golf Course
Minimum Lot
Size
75 acres
Minimum Lot
Width
100 ft
Minimum Lot
Depth
300 ft
Minimum Lot
Width at Right
of Way Line
100 ft
Front Yard
Setback
35 ft
Side Yard
Setback
20 ft
Rear Yard
Setback
10 ft
Maximum
Building Height
30 ft
Maximum Floor
Area Ratio
(FAR)
0.3—1 Story
0.5—Multi
Story
Maximum Base
Area Ratio
(BAR)
0.3
B. The following minimum standards apply for all accessory structures in the Golf Course district, unless otherwise noted:
Subd. 4. Requirements and Conditions. In addition to those other provisions in this Chapter that are
applicable to all zoning districts or specifically apply to the GC District, the following conditions and
requirements apply to the GC District:
A. Lots must have frontage on a public street. Corner lots must have additional width equal to the minimum interior side yard requirement and must in no case be less than ninety (90) feet.
Subd. 5. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts.
Subd. 6. Landscaping. Landscaping and screening is required pursuant to Section 11.42.
Subd. 7. Parking and Off-street Loading. Refer to Section 11.43 for parking and off-street loading
standards.
Subd. 8. Architectural Standards. Refer to Section 11.46 for architectural standards.
Subd. 9. Signs. Refer to Section 11.70 for sign regulations.
Subd. 10. Shoreland Management. Refer to Section 11.50 for shoreland management standards.
Subd. 11. Wetlands. Refer to Section 11.51 for wetland protection standards.
Subd. 12. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55
for regulations regarding land alteration, tree preservation, and stormwater management.
Subd. 13. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground
development regulations.
Subd. 14. Floodplain. Refer to Section 11.45 for floodplain regulations.
Standard Public
Front Yard Setback 35 ft
Side Yard Setback 30 ft
Rear Yard Setback 30 ft
Maximum Height 30 ft
SECTION 11.37 – PARK AND OPEN SPACE DISTRICT
Subd. 1. Purposes. The purposes of the Park and Open Space District are to:
A. Promote, preserve, and protect publicly owned parks and open space through conservation and appropriate and compatible development;
B. Provide opportunities for active and passive indoor and outdoor recreation and leisure activities integral to the overall quality of life;
C. Protect natural resources including grassland, forest, wetlands and other features; and
D. Enhance property values and further the purposes of the City's Park and Open Space System Plan.
Subd. 2. Definitions. The following terms, as used in this section, shall have the following meanings
stated:
Front yard, perimeter means the area between the perimeter front lot line and the required front setback
extending across that portion of a park property adjacent to the exterior streets.
Historical Property means a Historic Preservation Site as designated in this chapter and/or a district, site,
building, structure or object on the National Register of Historic Places.
Lot Line, perimeter means the boundary that encompasses the entire park property which may include
multiple parcels that function as a single site.
Park Property means a single parcel or multiple parcels that function as a single site. When a street
crosses a park property, the park property is still considered a single site.
Public Recreation means any use commonly provided for and open to the public at parks, playgrounds,
community centers, or other similar sites owned or operated by a unit of government for the purpose of
providing recreation.
Rear yard, perimeter means the area lying between the perimeter rear lot line and the required rear
setback line extending from the perimeter side lot lines.
Side yard, perimeter means the area between the perimeter side lot line and the required side setback
extending from the perimeter front lot line to the perimeter rear lot line.
Subd. 3. Permitted Uses. Refer to the table in Section 11.07.
Subd. 4. Lots and Accessory Structures and Uses.
A. Lots/Parcels. Park property may consist of one (1) or more lots or parcels that for the purposes of this section function as one (1) site. Setbacks for parking lots, buildings, and accessory structures and use shall be measured from the perimeter lot line that encompasses the park property.
B. Accessory Structures and Uses. Accessory structures and uses in the Park and Open Space District may be located on the same lot as the principal use or structure or on another lot within the park property. An accessory structure or use may occur without a primary structure and may
be allowed in the perimeter front yard setback up to fifteen (15) feet from the property line.
Subd. 5. Parking Lot Design. The following parking lot screening and parking setbacks are applicable to
new or enlarged parking areas developed after September 28, 2017:
A. Parking Lot Location. Off-street parking facilities shall be on the same parcel or parcels of land that contain the structure or use that the parking is intended to serve.
B. Parking Setbacks. Parking areas shall be at least twenty (20) feet from any front lot line, ten (10) feet from any side lot line and fifty (50) feet from any rear lot line and shall be at least five (5) feet from a building.
C. Parking Lot Screening. Off-street parking areas shall be screened from adjacent differing land uses and the public right-of-way as required in Section 11.42.
D. Parking Surface. All parking lots shall be surfaced in accordance with Section 11.43.
E. Parking Lot Islands. Parking lot islands shall be included at the ends of parking aisles rows and shall include planting material. Each island shall be a minimum of one hundred sixty (160) square feet and no dimension shall be less than five (5) feet.
F. Shared Use Parking. Shared use parking is allowed between a park and an adjacent public district when it can be demonstrated to the reasonable satisfaction of the City Planner that the uses have different peak hour parking demands. If shared parking is allowed the parties shall enter into a shared parking agreement in form and substance as approved by the City Planner. Overflow parking is allowed between two (2) park properties.
Subd. 6. Building Bulk and Dimension Standards.
A. Building setbacks shall be measured from the perimeter lot line.
B. The following minimum standards apply in the Park and Open Space District, unless otherwise
noted:
Standard Parks and Open Space
Minimum Lot Size N/A
Minimum Lot Width N/A
Minimum Lot Depth N/A
Minimum Lot Width at Right of
Way Line
N/A
Front Yard Setback 35 ft
Side Yard Setback 25 ft
Rear Yard Setback 50 ft
Maximum Building Height 30 ft
Maximum Floor Area Ratio (FAR) N/A
Maximum Base Area Ratio (BAR) N/A
C. The following minimum standards apply for all accessory structures in the Park and Open Space District, unless otherwise noted:
Standard Public
Front Yard Setback 35 ft
Side Yard Setback 10 ft
Rear Yard Setback 10 ft
Maximum Height 30 ft
Subd. 7. Fencing.
A. Fencing associated with athletic fields, ball diamonds, courts and similar uses may exceed seven (7) feet in height. Fencing not associated with athletic fields, diamonds, courts or similar use shall be limited to seven (7) feet in height and may occupy any perimeter yard.
B. No fence, hedge or other planting exceeding thirty (30) inches in height or trees pruned even to a height less than eight (8) feet shall be permitted where there will be interference with traffic sight distance.
Subd. 8. Landscaping. Landscaping required after September 28, 2017 must comply with the
requirements of Section 11.42 and with the following:
A. Mechanical equipment must be screened in accordance with this chapter.
B. General screening in this chapter.
C. Native plant material is encouraged consistent with this chapter.
D. Landscaping shall include a combination of trees, shrubs, perennials, and ornamental grasses to
create a diverse and balanced design.
Subd. 9. Architectural Standards. All new buildings, including storage and equipment buildings, in the
Park and Open Space District that require a building permit, are visible from the public right-of-way,
street, and/or an adjacent differing land use and constructed after September 28, 2017 must comply with
the City's Design Guidelines, which will be used as the standards for the architectural design of the
buildings in the Park and Open Space District. The architectural design should be compatible with the
built environment surrounding the park, fit the context of the site and further the intent and goals of the
Design Guidelines including the development of high quality projects balanced with aesthetics, function,
surrounding environment, and economics.
Subd. 10. Lighting Standards. All new lighting fixtures and poles installed in the Park and Open Space
District after September 28, 2017 must comply with the following:
A. Lighting may not exceed a maximum of 0.5 foot candles as measured at the perimeter property line demonstrated with a photometric plan.
B. Glare, whether direct or reflected, such as from spotlights or high temperature processes, and as
differentiated from general illumination, must not be visible beyond the limits of the immediate site from which it originates.
C. Parking Lot Lighting Fixtures: Light poles may be a maximum height of twenty (25) feet as measured from grade with downcast and cut off lens. Full cutoff lighting fixtures must be used in
order to minimize ambient light pollution and side glare. Parking lot lighting fixtures in the interior portions of the parking lot are not required to be located in islands.
D. Athletic Field Lighting Fixtures: Light poles (not including base) may be a maximum height of
one hundred (100) feet with downcast and cut off lens. Lighting must be directed toward the athletic field.
Subd. 11. Requirements and Conditions. Except as specified in this Section, all other provisions in this
Chapter that are applicable to all zoning districts or specifically apply to the Park and Open Space apply
to the Parks and Open Space District.
Subd. 12. General Provisions. Refer to Section 11.08 for provisions that apply to all zoning districts.
Subd. 13. Parking. Refer to Section 11.43 for parking standards.
Subd. 14. Signs. Refer to Section 11.70 for sign regulations.
Subd. 15. Shoreland Management. Refer to Section 11.50 for shoreland management standards.
Subd. 16. Wetlands. Refer to Section 11.51 for wetland protection standards.
Subd. 17. Land Alteration, Tree Preservation, and Stormwater Management. Refer to Section 11.55
for regulations regarding land alteration, tree preservation, and stormwater management.
Subd. 18. Sloped Ground Development and Regulations. Refer to Section 11.60 for sloped ground
development regulations.
Subd. 19. Floodplain. Refer to Section 11.45 for floodplain regulations.
SECTION 11.42 – LANDSCAPING AND SCREENING
Subd. 1. Purpose. The City recognizes landscaping and screening for its aesthetic value and as a multi-
purpose functional element of a site. The requirements in this section define a minimum standard for
landscaping and screening, and promote the following objectives:
A. Promote a high standard of development in the City;
B. Establish and enhance a pleasant visual character which recognizes aesthetics and safety issues;
C. Promote sustainable practices that protect and conserve natural resources, and create healthy landscapes;
D. Promote landscape design that includes a diversity of plant species, pollinator-friendly species, color, and year-round interest, and enhances the structures and paved areas of the site;
E. Promote compatibility between land uses by reducing the visual, noise, and lighting impacts of
specific development on users of the site and abutting uses;
F. Activate and define public and private spaces;
G. Enhance the pedestrian experience; and
H. Support storm water infiltration and improvements in ground water quality, in conjunction with Section 11.55 Land Alteration, Tree Preservation and Storm Water Management Regulations, and support materials and design that reduce water usage. The City's Design Guidelines provide
further landscape design intent and should be used as a reference.
Subd. 2. Definitions. For the purposes of this section, the following terms have the meanings stated:
Caliper means the length of a straight line measured through the trunk of a tree twelve (12) inches above
the base.
Clear Cutting means removal of all existing significant natural vegetation on a particular piece of
property.
Coniferous/Evergreen Tree means a woody plant which, at maturity, is at least thirty (30) feet or more in
height, with a single trunk, fully branched to the ground, having foliage on the outermost portion of the
branches year round.
Deciduous Overstory Shade Tree means a woody plant which, at maturity, is thirty (30) feet or more in
height, with a single trunk, unbranched for several feet above the ground, having a defined crown, and
which loses leaves annually.
Deciduous Understory Ornamental Tree means a woody plant which, at maturity, is less than thirty (30)
feet in height, with a single trunk, unbranched for several feet above the ground, having a defined crown
which loses leaves annually.
Fence means any partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure, and
located along the boundary or within the required yard.
Landscape means site amenities, including trees, shrubs, ground covers, perennial covers, flowers,
fencing, berms, retaining walls, and other outdoor furnishings.
Mechanical Equipment means heating, ventilation, exhaust, air conditioning, and communication units
integral to and located on top of, beside or adjacent to a building and telecommunications mechanical
equipment located on top of, beside or adjacent to a building.
Plant Material Average Size (Coniferous) means the total height of all coniferous trees six (6) feet or
over, divided by the total number of such trees.
Plant Material Average Size (Shade or Ornamental) means the total diameter of all deciduous overstory
trees two and one-half (2½) inches or more in diameter, divided by the total number of trees.
Public Art means an original work of art that is a form of non-commercial speech as defined in Section
11.70 and that is accessible to the public determined through a City review process. It may include
permanent visual art, performances, installations, events and other temporary works, preservation or
restoration of unique architectural features, ornamentation or details. It may also include the artist-
designed infrastructure and structures themselves. It does not include commercial speech as defined in
Section 11.70. Public art may possess functional as well as aesthetic qualities and may be integrated into
the site or be a discrete work.
Retaining Wall means a wall or structure constructed of stone, concrete, wood or other materials, used to
retain soil, as a slope transition or edge of a planting area.
Security means a financial security in the form of a standby letter of credit from financial institution that
is insured by the FDIC, or an escrow fund with sufficient capital approved by the City Manager, which is
conditioned upon complete and satisfactory implementation of an approved landscape plan and which
names the City as oblige or payee as applicable.
Screening means a barrier which blocks views from public roads and adjacent differing land uses to off-
street parking areas, loading areas, service and utility areas, and mechanical equipment.
Subd. 3. Landscape Plan Required. In every case where landscaping is required by provision of the
City Code or by an approval granted by the City, for a building or structure to be constructed on any
property, the applicant for the building permit shall submit a landscape plan prepared in accordance with
the provisions of this section. The landscape plan shall include the following information:
A. General. Name and address of developer/owner; Name and address of landscape architect/designer; Date of plan preparation; Date and description of all revisions; Name of project or development.
B. Site Map. One (1) scale drawing of the site based upon a survey of property lines with indication of scale and north point; Name and alignment of proposed and existing adjacent on-site streets; Location of all proposed utility easements and rights-of-way; Location of existing and proposed buildings; Topographic contours at two-foot contour intervals; Existing and proposed location of parking areas; Water bodies; Proposed sidewalks; Percent of site not covered by impervious surface.
C. Landscape Proposal. Two (2) scale drawings of proposed landscaping for the site based upon a survey of property lines with indication of scale and north point; Existing and proposed topographic contours using mean sea level datum at two-foot contour intervals; Details of
proposed planting beds and foundation plantings; Delineation of both sodded and seeded areas; Location and identification of proposed landscape or humanmade materials used to provide
screening from adjacent and neighboring properties, a separate cross section drawing of which shall be provided at legible scale illustrating the effectiveness of proposed screening; Location and identification of trees; Details of fences, tie walls, planting boxes, retaining walls, tot lots, picnic areas, berms, and other landscape improvements, including a separate drawing of typical sections of these details in legible scale; Location of landscape islands and planter beds with identification of plant materials used, including separate drawings of typical sections of these
areas in legible scale.
D. Planting Schedule. A table containing the common names and botanical names, average size of plant materials, root specifications, quantities, special planting instructions, and proposed planting dates of all plant materials included in the landscape plan.
Subd. 4. Security Required. No building permit will be issued until the applicant for the building permit
files with the City Manager a security in form and amount as approved by the City Manager, but for no
less than one and one-half (1½) times and no more than two (2) times the amount estimated by the City
Manager as the cost of completing said landscaping and screening. The security must cover two complete
growing seasons or one full calendar year subsequent to the completion and must be conditioned upon
complete and satisfactory implementation of the approved landscape plan.
Subd. 5. Implementation. All landscaping must be implemented in accordance with the following:
A. Size Requirements for Planting. Deciduous overstory plantings shall be a minimum of two and
one-half (2½) caliper inches and a maximum of five (5) caliper inches; deciduous understory trees shall be a minimum of one and one-half (1½) caliper inches and a maximum of five (5) caliper inches; coniferous trees shall be a minimum of six (6) feet in height and a maximum of ten
(10) feet in height; shrubs shall be a minimum five (5) gallon container size at planting; perennial grasses and flowers shall be a minimum one (1) gallon container size at planting; ground covers shall be a minimum four (4) inch pot size at planting.
B. Total Caliper Inches Required. In order to achieve landscaping which is appropriate in scale with the size of a building and site, the minimum number of caliper inches of trees required shall be determined by dividing the total gross square footage of all floors of a building by three hundred twenty (320). A single story building in excess of twenty (20) feet in height shall be considered a two story building for the purposes of determining its total gross square footage. When
determination of height results in a fractional foot, any fraction of 0.5 or less may be disregarded; a fraction in excess of 0.5 shall be counted as one (1) foot. A mixture of plant material sizes shall be required as follows:
1. No more than eighty percent (80%) of trees may be of the minimum size requirement.
2. For the purposes of satisfying the total caliper inch requirement, coniferous trees may be considered equivalent to overstory trees by dividing the height of a coniferous tree six (6)
feet height minimum by 2.4 to determine equivalent caliper inches.
3. Understory trees may make up no more than twenty percent (20%) of the total tree caliper inches required.
4. Shrubs, perennials, or planting beds may be substituted for trees according to the following limit: not less than ten percent (10%) and no more than twenty-five percent (25%) of the total tree caliper inches required shall be replaced with shrubs and
perennials, or planting beds. Additional shrubs, perennials or planting beds beyond the twenty-five (25%) substitution rate are allowed.
C. Shrubs and Perennials. Shrubs and perennials shall be provided to complete a quality landscape treatment of the site. Replacement ratio: six (6) shrubs may replace three (3) caliper inches of tree.
D. Planting Beds and/or Decorative Planting Containers: Each planting bed or container shall include a variety of plants which may include shrubs, ornamental grasses, ground cover, vines, annuals, or perennials to provide year-round color and interest. Native plant species to the local hardiness zone and those which provide interest and/or color in the winter are preferred. Planting beds must have a three-inch mulch application to bare soil surrounding the plant material in order to qualify for the caliper inch replacement.
E. Planting beds and/or decorative planting containers may replace up to twenty-five percent (25%) of the required caliper inches for trees at a rate of three (3) caliper inches of trees per five hundred (500) square feet of cumulative planting beds and/or decorative planting containers. Planting beds must be planted annually in early spring and maintained throughout the growing season. Decorative planting containers must be planted and maintained seasonally throughout the year.
Planting beds and/or decorative containers shall be planted with spacing of species per industry standards.
F. Species Diversity. Species diversity is required to ensure a long-term healthy landscape. Not more
than thirty percent (30%) of the required caliper inches shall be composed of one species unless approved by the City. Plant material must be sourced from regional nurseries to ensure healthy stock and non-invasive choices. The following trees are prohibited: a species of the genus ulmus
(elm), except those bred to be immune to Dutch Elm disease; female gingko; box elder; willow; aspen.
G. Naturalized Native Species. Native species, defined as those listed on the University of Minnesota
and MN Department of Natural Resources lists, are well adapted to the local environment, require less maintenance, are healthier, and provide habitat for birds and insects. Landscapes that include native and pollinator-friendly plant species, and provide year-round interest with foliage color, flowers, fruits, or branching structure are required. Landscaping that is low maintenance and requires little or no irrigation, shall be considered as one (1) of several grounds upon which the City Council may grant waivers from building design or site design through the PUD process.
H. Parking Lot Islands. Parking lot islands shall be required in lots of twenty (20) or more spaces and shall be evenly distributed throughout the lot. Single aisle parking lots shall be exempt from this provision. A parking lot island shall be a minimum of one hundred sixty (160) square feet, shall stand-alone or be connected to other islands or sidewalks. No parking lot island shall have any dimension less than five (5) feet. Parking lot islands shall be located at the end of drive aisle
rows and every twenty (20) spaces. Five percent (5%) of the parking area, including vehicular circulation areas, shall be comprised of parking lot islands that are planted and not filled with only mulch, stone or paving. Planting requirements are the same as those for planting beds.
I. Method of Installation. All deciduous and coniferous trees shall be balled and burlapped, staked, and guyed in accordance with national Nurseryman's standards. All shrubs shall be potted.
J. Sodding and Ground Cover. All open areas of a site not occupied by building, parking, sidewalks,
patios, storage, or other similar features shall be landscaped with a combination of canopy trees, ornamental trees, evergreen trees, shrubs, perennial grasses, flowers, sod, ground cover - including low/no mow grasses and perennials - and other design features to ensure soil
stabilization. Exceptions to this are seeding of future expansion areas as shown on approved
plans; undisturbed areas containing existing natural vegetation which shall be maintained free of foreign and noxious materials; and, areas designated as open space for future expansion area
properly planted and maintained with prairie grass.
K. Slopes and Berms. Final slopes greater than the ratio of 3:1 will not be permitted without special approval or treatment, such as special seed mixtures or reforestation, terracing, or retaining walls.
Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of 3:1.
L. Installation and Maintenance of Materials. Responsibility for tree and plant growth and maintenance is solely that of the property owner, runs with the land, and is binding on all future property owners. Owners are responsible for maintaining all landscaping in a healthy condition and keeping it free from refuse and debris. Dead plant materials shall be removed and replaced during the normal planting season. Materials must be replaced with like species or as approved by City staff.
M. Erosion Control. All areas of the site must be stabilized in accordance with Section 11.55 unless
required otherwise in a federal, state or local permit.
N. Preservation of Wetland and Woodland Areas. It is the policy of the City to preserve the natural wetland and woodland areas throughout the City, and with respect to specific site development, to retain as far as practical, substantial tree stands and wetlands which can be incorporated into the landscape plan. No clear cutting of woodland areas shall be permitted. Shade trees of six (6) inch
or more caliper shall be saved unless it can be demonstrated that there is no other feasible way to develop the site. The Council may require replacement of any removed trees on a caliper inch for caliper inch basis.
O. Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of-way, or immediately adjacent to any driveway or road intersection when it would interfere with motorists' views of the street or roadway.
P. Mechanical Equipment Screening.
1. All mechanical equipment mounted on the exterior of a building and possessing one (1) or more of the characteristics listed below in P.3 shall be physically screened from all public roads and adjacent differing land uses with factory prefinished metal, wood laminated with metal, or other building material in a manner architecturally integral to the building or buildings on site.
2. All mechanical equipment located on the ground and possessing one (1) or more of the characteristics listed below in P.3 shall be physically screened from all public roads and
adjacent differing land uses with either plant material or factory prefinished metal, wood laminated with metal, or other building material in a manner architecturally integral to the building or buildings on site.
3. Irregular in size and shape; Exposed and/or protruding fans, grills, pipes, tubes, wires, vents; unfinished metal covering, exposed rivets, exposed seams.
Q. General Screening. All parking, loading, service, utility, and outdoor storage areas shall be
screened from all public roads and adjacent differing land uses as measured from eye level at grade from public roads and adjacent differing land uses. Screening shall consist of any combination of the following: earth mounds, fences, shrubs, compact evergreen trees, or dense
deciduous hedge. Hedge materials must be at least three (3) feet in height, at planting. The height and depth of the screening shall be consistent with the height and size of the area for which
screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this subsection, density and species of planting shall be such to achieve
seventy-five percent (75%) opacity year round at maturity.
1. Well-defined breaks in the screen along public roads are required to facilitate pedestrian access from the public right-of-way to the building. These openings shall align with the
parking lot layout requirements for pedestrian access (Section 11.43) and shall be in addition to driveways or visually distinctive if adjacent to a driveway. Connections to adjacent uses must be facilitated as determined through approval process.
2. Appropriate elements to include in screening proposals for parking lots along public roads include transit shelters, benches, public art or similar features as part of the screen.
3. Parking lot screening shall be a minimum of three (3) feet in height, measured from the parking lot surface, in order to screen cars and headlights, and shall allow breaks for pedestrian connections as described in Q.1.
R. General Landscape for Residential Districts. In R1-44, R1-22, R1-13.5, R1-9.5, RM-6.5 and RM-2.5, districts all exposed ground area surrounding the principal building and accessory buildings which are not devoted to driveways, sidewalks, or patios, shall be landscaped with grass, shrubs, trees or other ornamental landscape material. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies, or merchandise.
S. Public Art. Integration of public art into private development, in addition to privately owned
amenities such as plazas, courtyards, fountains, outdoor art, roof top gardens and green roofs and other decorative elements, which enhances the design of the landscaping may be considered as one of several grounds upon which the City Council may grant waivers from landscaping
requirements through the PUD process. Public art on a site should be situated in a way that it can be viewed from an adjacent right-of-way or public spaces.
SECTION 11.43 - OFF-STREET PARKING AND LOADING
Subd. 1. Purposes. The purposes of this Section are to: (a) prevent a shortage of on-street parking spaces
where allowed; and (b) provide a sufficient amount of off-street parking so as to utilize the streets for
their primary use, which is the safe and convenient movement of traffic.
Subd. 2. Parking Spaces Defined. For purposes of this chapter, a parking space is defined according to
the following table of dimensions except that a parking space in a garage or carport may not be less than
ten (10) feet wide and twenty (20) feet long.
Subd. 3. Basic Requirements.
A. Off-street parking facilities must be provided at the time of initial occupancy or enlargement of a structure as required by Subsection F.
B. The City Manager will determine the requirements for any use not specifically required by
Subsection F.
C. Fractional numbers of spaces as per Subsection F of this Subdivision will be adjusted to the next higher number.
D. Dimensions of parking spaces.
Parking space and aisle width dimensions in
relation to degree of parking angle
PARKING ANGLE =
O
Deg.
20
Deg.
30
Deg.
40
Deg.
45
Deg.
50
Deg.
60
Deg.
70
Deg.
80
Deg.
90
Deg.
Parking space
width,
perpendicular
to angle
9' 9' 9' 9' 9' 9' 9' 9' 9' 9'
Parking space
dimension
perpendicular
to aisle
9' 14'6" 16'10" 18'8" 19'5" 20' 20'8" 20'9" 20'2" 18'
Parking space
dimension
parallel to aisle
23' 24'8" 17' 13'2" 11'1" 9'10" 9' 9' 9' 9'
Aisle width 12' 11' 11' 12' 13'6" 16' 18'6" 19'6" 24' 24'
E. Compact Parking Stalls. Up to 10% of the required parking spaces in a parking lot, ramp, or garage may be marked for compact cars and may be counted toward required parking counts,
provided that the applicant meets the following requirements:
1. All compact stalls must be a minimum of 8’ wide and 16’ in length for 90 degree stalls. For spaces that are not 90 degree, the most recent standards issued by the Institute of
Transportation Engineers will be applied.
2. Compact stalls must be identified.
3. All required drive aisles must comply with City Code requirements.
F. Parking Requirement/Use
1. Parking requirements based on type of use are as listed in the following table. The requirements for any use not specifically mentioned shall be designated by the City
Manager.
LAND USE OFF-STREET PARKING SPACE REQUIREMENTS
RESIDENTIAL USES
Single-Family 2/D.U. minimum, 4/D.U. maximum
A minimum of 1 space must be enclosed, driveway parking acceptable
Multi-family
Studio or Efficiency Units 1/D.U.
Half of all spaces must be enclosed (rounded up)
All Other Units 2/D.U.
Half of all spaces must be enclosed (rounded up)
Independent Senior Living 1/D.U., plus 0.5 per unit for guest parking
Half of all spaces must be enclosed (rounded up)
Nursing Homes, Assisted
Living, Memory Care, or
Convalescent Care
1 per 4 beds, plus 1 space for each employee on the largest shift
If independent living units are combined with any of these uses then ½
of the required parking stalls for the independent living units must be
enclosed
OFFICE USES
Office G.F.A. RATIO
1—60,000 sq. ft. 5.0/1,000 sq. ft.
60,001—70,000 sq. ft. 4.9/1,000 sq. ft.
70,001—80,000 sq. ft. 4.8/1,000 sq. ft.
80,001—90,000 sq. ft. 4.7/1,000 sq. ft.
90,001—100,000 sq. ft. 4.6/1,000 sq. ft.
100,001—150,000 sq. ft. 4.2/1,000 sq. ft.
150,001 PLUS sq. ft. 4.0/1,000 sq. ft.
RETAIL, SERVICE AND
COMMERCIAL USES
Service Stations 10+ spaces where cars are serviced
Motels, Hotels 1/guest room + 1/employee
Restaurant Type 1 1/2.5 seats based on seating capacity
Restaurant Type 2 1/3 seats based on seating capacity
Restaurant Type 3 1/2 seats based on seating capacity
Day Care Center 1 per employee on the largest work shift plus 1 per business vehicle
plus 1 per every 6 children the facility is licensed to care for
Banks 5/1,000 sq. ft. G.F.A.
Brewer Taproom, Cocktail
Room
1/60 sq. ft. G.F.A.
Small Brewer,
Microdistillery
1/1,000 sq. ft. G. F. A.
Retail 0-30,000 sq. ft. 5/1000 sq. ft.
30,001 – 200,000 sq. ft. 4.5/1,000 sq. ft.
Over 200,000 sq. ft. 4.25/1,000 sq. ft.
Shopping Center 4.25/1,000 sq. ft. G.F.A.
INDUSTRIAL USES
Manufacturing 3/1,000 sq. ft. G.F.A.
Warehouses 0.5/1,000 sq. ft. G.F.A.
PUBLIC AND SEMI-PUBLIC USES
Places of Worship 1/3 seats in largest assembly room
RECREATIONAL USES
Golf Course 72 spaces, plus 1/3 seats in any clubhouse restaurant
Gymnasium 1/3 seats with fixed seating or 2.5/1,000 sq. ft. G.F.A.
2. For supporting minor commercial uses within office/industrial buildings providing a supplemental function to the major office and/or industrial use, the number of parking spaces for such uses shall not be less than the minimum required for such uses as provided in the table above.
3. Specific parking requirements for the Mixed Use District, Transit Oriented Development District, and Town Center District are located in Sections 11.24, 11.26, and 11.27, respectively.
Subd. 4. Development and Maintenance of Parking Areas.
A. Screening and Landscaping. Off-street parking areas containing more than five (5) stalls must be screened on each side adjoining a residential use or public street.
B. Minimum Distance and Setback. Parking areas for five (5) vehicles or more must be at least ten (10) feet from any side or rear lot line and 5 feet from any building. Minimum distance and setbacks in the Park and Open Space District are exempt from these requirements. Parking lot setback standards for the Park and Open Space District are set forth in Section 11.37.
C. Parking areas, loading facilities and driveways surfaces. Parking areas, loading facilities and driveways must be surfaced with bituminous, concrete, pavers of brick, natural stone, or concrete placed with gaps not exceeding one-quarter (¼) inch, turf block, or grasscrete, and graded to dispose of or infiltrate all area surface water without damage to private or public properties, streets, or alleys. The use of gravel, crushed rock, sand, or dirt is prohibited except when used as gap material with pavers.
D. Location. Off-street parking facilities must be on the same parcel of land as the structure they are intended to serve unless there is a shared parking agreement in place between two separate lots as provided in Subdivision 6.D below. Space for the required facilities may not occupy the required front yard or on a corner lot more than one-half (½) of the required front yard closest to the street.
E. Layout. Parking lots must be designed to facilitate pedestrian movement from their vehicles or
from the public right-of-way to the building. Pedestrian walkways/corridors/sidewalks must be created at the perimeter of the parking lot and/or within the parking lot to provide connection to the primary building and, when applicable, to adjacent sites. Said sidewalks must be a minimum
of five (5) feet in width. These corridors may be delineated by landscaping and parking lot islands, striping, and/or a paving material that differs from that of vehicular areas. The corridors must align with breaks in parking lot screening as required in Section 11.42, Subdivision 5.Q.1.
Subd. 5. Special Requirements.
A. Each parking space must have an unobstructed access from a street or aisle without moving another vehicle. Exception is in an R1-44, R1-22, R1-13.5 and R1-9.5 District where parking in
driveways is permitted.
B. Bumper rails and curbs must be provided as determined by the City Manager.
C. No servicing of vehicles may take place in any off-street parking area.
D. The City may allow no more than fifteen percent (15%) of parking required by this section to be constructed at a date subsequent to the time at which it would have otherwise been required to be constructed under the City Code. The portion to be constructed at a later date is referred to as "Proof of Parking". Proof of parking will be allowed if:
1. Applicant demonstrates to the satisfaction of the City Planner that the proposed development does not require the amount of parking required under City Code;
2. Applicant identifies on the site and landscape plans the location(s) in which the Proof of
Parking can be built in the future;
3. Landscaping in excess of the minimum required and structures associated with landscaping are allowed in the area identified for Proof of Parking, but no other structures will be allowed in the Proof of Parking area;
4. Applicant enters into a binding agreement recorded as a covenant against real property to construct at a later date all or a portion of the Proof of Parking spaces as required by notice in writing from the City Planner; and
5. All proof of parking stalls are 9’ by 18’.
Subd. 6. Connecting Parking Areas with Streets.
A. Vehicular traffic generated by any use must be channeled and controlled so as to avoid congestion and traffic hazards.
B. The adequacy of any proposed traffic pattern will be determined by the City Manager. Traffic control measures such as warning signs, directional signs, turn lanes, channelization, illumination, etc., may be required.
C. All driveways abutting public streets are subject to the following regulations:
1. Minimum distance between driveways - twenty (20) feet.
2. Minimum driveway angle to street – thirty (30) degrees for one way streets and sixty (60)
degrees for two way streets.
3. Driveway widths at street curb are:
4. Minimum Driveway Return Radius - six (6) feet.
5. Minimum distances between the end of a driveway at the intersection of a right-of-way line and the property line - ten (10) feet.
DRIVEWAY WIDTH
MAXIMUM MINIMUM
One Way 20 feet 12 feet
Two Way 30 feet 24 feet
D. Shared Parking. Off-street parking facilities for two (2) or more uses with substantially different hours of operation may be provided in a shared facility. The off-street parking requirements for a
development or redevelopment project may be reduced up to 20% if the following standards are met.
1. Parking spaces are shared between two or more complimentary uses.
2. A shared parking plan must be submitted whenever shared parking is proposed that requires specific analysis on the peaking characteristics of the various and future uses included.
3. The applicant demonstrates that, because of the hours, size, and operation of the respective and future uses, there is no substantial conflict in the peak parking demands of the uses for which shared use of off-street parking facilities is proposed, and there will be an adequate amount of parking available to meet the needs for each use.
4. A shared parking and cross access or similar agreement must be approved by the City Planner and recorded against the applicable properties in the County Registrar of Titles’ or Recorder’s office with proof thereof presented to the City. The City must be party to the agreement and no changes shall be made to the agreement unless all parties agree.
Subd. 7. Off-Street Loading Facilities
A. Purpose. The purpose of this Subdivision is to provide a sufficient number of off-street loading facilities so as to allow the safe and convenient movement of traffic along the streets.
B. Basic Requirements.
1. Off-street loading berths must be provided at the time of initial occupancy or enlargement of a structure. The exact number of berths will depend on the type of transport service
utilized and the nature of the use itself.
2. A loading facility includes the dock, the berth for the vehicle, maneuvering areas and the necessary screening walls.
3. No loading facility may be located on a street frontage nor within the required side or rear yard requirements except in the MU, TOD-MU, TOD-E, TOD-R, TC-MU, TC-R and TC-C Districts.
C. Special Requirements.
1. All docks must be located within the perimeter of the structure housing the principal or accessory use and must be completely enclosed.
2. All berths within the TOD and TC zoning districts must be completely enclosed and screened with a solid wall. All berths must be screened from views on the property's
street frontages or from the district's boundary by solid wall earth berms or plant materials of at ten (10) feet high. Such walls must be designed so as to be harmonious with the structure having the loading facility.
3. Each loading berth must have unobstructed access from a trafficway without moving another vehicle.
4. Parking areas, loading facilities and driveways must be surfaced with bituminous,
concrete, pavers of brick, natural stone, or concrete placed with gaps not exceeding one quarter (¼) inch, turf block, or grasscrete, and graded to dispose of or infiltrate all area
surface water without damage to private or public properties, streets, or alleys. The use of gravel, crushed rock, sand, or dirt is prohibited except when used as gap material with
pavers.
5. Bumper rails and curbs must be provided at locations described by the City Manager when needed for safety or to protect property.
SECTION 11.44 - OUTSIDE STORAGE, DISPLAYS, AND SALES
Subd 1. Outside Storage. In all Districts except I-Gen, all raw materials, supplies, finished or semi-
finished products and equipment must be stored within a completely enclosed building; provided,
however, that motor vehicles necessary to the operation of the principal use and of not more than three-
quarter (¾) ton capacity may be stored or parked within the permitted parking lot areas. In I-Gen
Districts, outside storage is permitted provided it is screened in accordance with this section.
Subd 2. Outdoor Displays. In all Commercial Districts, all materials, supplies, merchandise or other
similar matter must be stored within a completely enclosed building, except merchandise or equipment
offered for sale, rental or lease displayed in accordance with the following limitations:
A. Temporary Outdoor Display Area. Merchandise or equipment may be displayed and offered for sale, rental or lease outside the confines of a completely enclosed building ("temporary outdoor display area") for a combined time period of sixty (60) days or less of a calendar year only with the prior approval of the City Manager or their designee and provided the temporary outdoor display area:
1. Is screened from public roads and adjacent land uses.
2. Does not encompass an area greater than two percent (2%) of the base area of an enclosed building located on the lot on which the temporary outdoor display area is situated.
3. Does not obstruct pedestrian use of a any designated pedestrian pathway.
4. Is not located within the required front, rear or side yard setback of the lot on which it is located.
5. Is not located in the required parking area unless in accordance with the following:
a. Not more than one-half of one percent (0.005) of the required parking stalls may be utilized for the temporary outdoor display area.
b. Any impact to drive aisles is subject to approval by the Fire Chief.
6. Is not located on public sidewalks or streets.
7. Is not located on a vacant lot.
B. Permanent Outdoor Display Area. Merchandise or equipment may be displayed and offered for sale, rental or lease within, but outside the confines of that part of the completely enclosed building, of which it is a part ("permanent outdoor display area") for a combined time period of sixty (60) days or greater of a calendar year only with the prior approval of the City Manager or their designee and provided:
1. The building of which the permanent outdoor display area is a part does not exceed the base area ratio or floor area ratio permitted in the Commercial District.
2. Material or equipment must be screened from public roads and adjacent land uses with a
wall of the building.
3. The permanent outdoor display area may not encompass an area greater than six percent (6%) of the base area of the completely enclosed building.
C. Outdoor Display Area Limits. Outdoor display area limits may encompass an area no greater than seven percent (7%) of the base area of the completely enclosed building.
D. Exemption. The 60-day time period in this section does not apply to farmers who sell produce from the farm on land occupied and cultivated by themselves. For the purpose of this section only, "farmer" is defined as one who engages, as an occupation, in farming operations as a distinct activity for the purpose of producing a farm crop.
Subd. 3. Recreational Vehicles. The parking or storing of recreational vehicles outside of an enclosed
building or structure in all One-Family Residential Districts and all Multi-Family Residential Districts is
prohibited, except as follows:
A. No more than two (2) recreational vehicles may be stored or parked outside upon a lot.
B. Recreational vehicles not greater than twelve (12) feet in height may be parked or stored on (i) that part of a front yard of a lot occupied by a driveway, provided no part of a recreational vehicle may be closer than fifteen (15) feet from the traveled portion of a street, (ii) that part of a side
yard or rear yard of a lot not situated within ten (10) feet of a lot line, or (iii) that part of a side yard within ten (10) feet of a lot line which (a) abuts a front yard, (b) is occupied by a driveway, and (c) is not within fifteen (15) feet of the traveled portion of a street. In addition to the general 12-foot height permitted, minor portions of accessory equipment not exceeding four square feet in vertical cross-section as viewed from the adjacent lot line is permitted.
C. Recreational vehicles parked or stored outside for a period in excess of fourteen (14) days must
be owned by a person residing on the lot.
D. All recreation vehicles parked or stored outside must be in a safe, operable condition and exhibit current license or registration plates or tags if the vehicle is one for which a license or registration
plate or tag is required by law for its operation.
E. No recreational vehicle may be used for living, sleeping, or housekeeping purposes when parked or stored in a One-Family Residential District or a Multi-Family Residential District.
F. A recreational vehicle must not be parked or stored over or upon a bikeway, pathway, or sidewalk.
Subd. 4. Setbacks. No storage or display of any type, including a temporary outdoor sales event, is
permitted in any Commercial or Industrial District within the one-half (½) of the front or side street
setback nearest the street nor within any side or rear setback.
Subd. 5. Temporary Outdoor Sales Events. Temporary outdoor sales events are permitted in any
zoning district that permits retail use and only upon compliance with the following:
A. Permit Required. No temporary outdoor sales event may be held without first obtaining a permit from the City. Any person who operates a retail business in the principal building on a parcel or the owner of the parcel on which a retail business is located may apply for a temporary outdoor
sales permit for the parcel. The applicant must complete an application form provided by the City and submit with the application a complete description of the temporary outdoor sales event and a sketch showing the size and location of the event on the parcel and any other information deemed necessary by the City to consider the application. If the applicant is not the owner of the parcel on which the event will be held, the applicant must provide evidence satisfactory to the City of the
owner's consent for the temporary outdoor sales event. The applicant must also submit at the time of the application the then-current permit fee set by Council ordinance or resolution. The City
Manager or their designee will approve or deny the permit no more than thirty (30) days from the receipt of the complete application and payment of the applicable fee. Permits are subject to all requirements of this Subdivision. Any event held within a tent must obtain a tent permit from the
City.
B. Location. The temporary outdoor sales event may only be held in the location specified in the approved permit. Any impact to drive aisles is subject to approval by the Fire Chief. The
temporary outdoor sales event may not obstruct designated pedestrian pathways.
C. Products Sold. Only products regularly sold within the principal building may be sold at the temporary outdoor sales event.
D. Size. The temporary outdoor sales event may not encompass an area greater than four percent (4%) of the base area of an enclosed building located on the parcel on which the outdoor sales area is situated. In Industrial Districts and for parcels that include multi-tenant buildings, the outdoor sales area may not exceed four percent (4%) of the gross retail space of the industrial user or tenant for which the permit was issued.
SECTION 11.46 - ARCHITECTURAL STANDARDS
Subd. 1. Purpose. By adoption of the architectural standards contained in this section, the City intends to
promote high quality development through aesthetics and functionality. This section applies to all
building facades and exterior walls that are or planned to be visible to neighboring properties or the
public. The standards are intended to encourage creativity and diversity of design and construction so that
structures a) endure over time; b) provide visual enhancement to the City; c) use environmentally
sustainable materials and patterns; and d) incorporate design characteristics that enhance the site at the
human scale. The City's Design Guidelines provide further reference to the intent of the architectural
standards.
Subd. 2. Design Standards. All structures within all districts, except Rural, R1-44, R1-22, R1-13.5, R1-
9.5, RM-6.5, and Park and Open Space, must be developed in accordance with the following design
standards contained in this section. Architectural plans must be prepared by a registered architect and
must include:
A. Elevations of all sides of the building;
B. Type and color of exterior building materials;
C. A typical floor plan and dimensions of all structures;
D. Location of trash containers, heating, air conditioning and ventilation systems; and
E. Proposed screening of trash containers, heating, air conditioning and ventilation systems.
Subd. 3. Exterior Building Materials - N-Com, C-Com, C-Reg, C-Reg-Ser, C-Hwy, Ofc, Pub A-C,
A-OFC, TC-C, TC-R, TC-MU, MU, and RM-2.5, TOD-R, TOD-E, TOD-MU, and GC.
A. In Districts N-Com, C-Com, C-Reg, C-Reg-Ser, C-Hwy, Ofc, Pub A-C, A-OFC, TC-C, TC-R, TC-MU, MU, and RM-2.5, TOD-R, TOD-E, TOD-MU, and GC, a minimum of seventy-five percent (75%) of each façade of the exterior building finish must consist of at least three (3)
contrasting yet complementary materials, with at least one (1) color variation therein, materials comparable in grade and quality to the following Class I materials:
1. Face brick;
2. Natural stone;
3. Glass;
4. Cast stone;
5. Cultured stone;
6. Architectural precast;
7. Precast concrete panel with an exposed aggregate of granite, marble, limestone, or other
natural stone material with at least two architectural reveals per panel; and
8. Fiber cement is allowed as a Class I material only in multi-family buildings in the RM-2.5, TC, C, and TOD districts that allow multi-family dwellings as a permitted use. In
such instances, fiber cement must not be the most predominant building material used on a façade; or
9. Other materials equal to or better than these listed above, submitted with specifications for installation and maintenance per industry standard and as approved by the City
Planner.
B. Fewer than three (3) materials may be used if three (3) or more color variations are included in those materials.
C. Use of brick, natural stone and glass may be considered as one of several grounds upon which the City Council may grant waivers from exterior building requirements through the PUD process.
D. Thin brick may be used in place of full brick only when it is integrally cast or connected to the substrate with mortar or grout, and not applied post-casting. Thin brick is excluded from the waiver opportunity in Subsection C above.
Subd. 4. Exterior Building Materials – C, OFC, TC, TOD, and PUB. In the C, OFC, TC, TOD, and
PUB districts, only Class I materials may be used on the base of multi-story buildings, as visualized in the
City's Design Guidelines.
Subd. 5. Exterior Building Materials – Industrial Districts.
A. In Districts I-2, I-5, and I-Gen, a minimum of seventy-five percent (75%) of each façade of the
exterior building finish must consist of at least two (2) contrasting yet complementary materials, with at least one (1) color variation therein, comparable in grade and quality to the following Class I materials:
1. Face brick;
2. Natural stone;
3. Glass;
4. Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture and smooth concrete block if scored at least twice;
5. Rock face;
6. Cast stone;
7. Cultured stone;
8. Architectural precast;
9. Precast concrete panel with an exposed aggregate of granite, marble, limestone, or other natural stone material with at least two (2) architectural reveals per panel; or
10. Other materials equal to or better than these listed above, submitted with specifications for installation and maintenance per industry standard and as approved by the City Planner.
B. If glass is included as one (1) of the two (2) materials, the other material is required to have no less than two (2) distinct color variations.
C. Use of brick, natural stone and glass may be considered as one of several grounds upon which the City Council may grant waivers from exterior building requirements through the PUD process.
D. Thin brick may be used in place of full brick only when it is integrally cast or connected to the substrate with mortar or grout, and not applied post-casting. Thin brick is excluded from the
waiver opportunity in Subsection C.
E. In the Industrial (I) districts, only Class I materials may be used on the base of multi-story buildings, as visualized in the City's Design Guidelines.
Subd. 6. Remaining Façade. In all districts except Rural, R1-44, R1-22, R1-13.5, R1-9.5, and RM-6.5, a
maximum of twenty-five percent (25%) of each façade of the exterior building finish may include the
following:
A. Stucco;
B. Metal;
C. Exterior Insulation and Finish System (EIFS);
D. Wood as trim or edging material only;
E. Plastic as trim or edging material only;
F. Vinyl as trim or edging material only; and
G. Other materials equal to or better than these listed above submitted with specifications for installation and maintenance per industry standards and as approved by the City Planner.
Subd. 7. Exterior Building Materials – FS District. The following provisions apply in the FS district.
A. A minimum of seventy-five percent (75%) of each façade of the exterior building finish fronting
on an arterial roadway must consist of at least three (3) contrasting yet complementary materials, with at least one (1) color variation therein, comparable in grade and quality to the following Class I materials:
1. Face brick;
2. Natural stone;
3. Glass;
4. Cast stone;
5. Cultured stone;
6. Architectural precast
7. Precast concrete panel with an exposed aggregate of granite, marble, limestone, or other natural stone material with at least two (2) architectural reveals per panel; and
8. Other materials equal to or better than these listed above, submitted with specifications for installation and maintenance per industry standard and as approved by the City Planner.
B. If glass is included as one (1) of the two (2) materials, the other material is required to have no less than two (2) distinct color variations.
C. Use of brick, natural stone, and glass may be considered as one of several grounds upon which
the City Council may grant waivers from exterior building requirements through the PUD process.
D. Thin brick may be used in place of full brick only when it is integrally cast or connected to the substrate with mortar or grout, and not applied post-casting. Thin brick is excluded from the
waiver opportunity in Subsection C above.
E. Building façades with street frontage along roadways classified as anything other than arterial may also use the following as Class I materials towards the required seventy five percent (75%)
with two (2) contrasting materials with one (1) color variation therein:
1. Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture and smooth concrete block if scored at least
twice; or
2. Rock face.
F. Building façades not fronting any street must have a minimum of sixty percent (60%) Class I materials comprised of any combination of the above listed Class I materials with two (2) contrasting materials with one (1) color variation therein.
Subd. 8. Building Articulation. In addition to the materials requirements as listed in this section,
architectural design elements will be required in the review of building and site plans.
A. Façade Articulation. Any building façade exceeding forty (40) feet (80 feet in I-2, I-5, I-Gen, and FS) in length must be designed with: recesses or projections of a minimum of four (4) inches in depth in the building façade; material changes; or other methods of building articulation that break down the perceived scale of the building or create visual interest. Rear yard dock walls are exempt from this provision.
B. Distinct Ground Level(s). The ground level of any three-story structure (or a structure over thirty-
two (32) feet in height) must be visually distinct from the upper stories. The first two stories of structures four (4) stories and taller must be visually distinct from the upper stories. The distinction must be articulated by at least one (1) of the following: an intermediate cornice line; an awning arcade or portico; a change in building materials, texture or detailing; a change in window shape or treatment; or other elements which meet the objective.
C. Façade Transparency. In districts N-Com and C-Com, fifty percent (50%) of the first floor
façade that is viewed by the public must be designed to include windows and/or doors to minimize expanses of blank walls. Windows must be designed to allow transparency between the interior of the building and exterior environment. If the building is a one-story design and the first
floor elevation exceeds twelve (12) feet, then only the first twelve (12) feet in building height will be included in calculating the façade area. The remaining fifty percent (50%) of the first floor façade that is viewed by the public must be designed to include any or all of the following: landscape materials (plant material, vertical trellis with vines, planter boxes, etc.); and/or architectural detailing and articulation that provides texture on the façade and/or parking structure openings. Buildings located more than one hundred fifty (150) feet from a public right-of-way are
exempt from these requirements. Facades that provide interior storage areas are also exempt from these requirements.
D. Building Entrances. Primary building entrances must be clearly defined and highly visible utilizing design features such as protruding or recessed entryways, awnings, canopies, pillars, unique building materials, exterior lighting, and/or architectural details.
E. Roofline Variation. Rooflines add visual interest to the streetscape, reduce the mass of the structure, and create continuity between structures. Roofline variation must be achieved using one (1) or more of the following methods:
1. Vertical off-set of parapet, cap, or cornice line;
2. Horizontal off-set of parapet, cap or cornice line;
3. Variations of roof pitch;
4. Gables, dormers, hips, sheds, vaults, or other similar roof forms; or
5. Any other technique approved by the City that achieves the intent of this section.
SECTION 11.47 - SITE PLAN AND ARCHITECTURAL DESIGN REVIEW PROCESS
Subd. 1. Approval Required.
A. No building permit, or land alteration permit for a parking lot, will be issued for the construction of any of the following, unless it conforms to a Site Plan and Architectural Design as described in
Subdivision 3, or an amendment thereof, which has been approved by the Council:
1. A building, structure or parking area situated or to be constructed within any District, except, (a) those within the Rural District or One-Family Residential Districts as
provided below in subsection C and (b) duplexes (dwellings designed for or occupied by two (2) families); or
2. A building or structure constituting public infrastructure, situated or to be constructed within any District, including but not limited to Rural and One-Family Residential Districts except as provided below in subsection C.
B. No conditional use permit for a wireless support structure located within the One-Family Residential Districts unless it conforms to a Site Plan and Architectural Design as described in Subdivision 3, or an amendment thereof, which has been approved by the City Planner.
C. No building permit, or land alteration permit for a parking lot, will be issued for the alteration or enlargement of a building or structure described in Subsection A unless it conforms to a Site Plan and Architectural Design as described in Subdivision 3, or an amendment thereof, which has been approved by the Council or the City Planner in accordance with the criteria set forth in Subdivision 4.
Subd. 2. Exceptions. The provisions of this subdivision do not apply to the issuance of a building permit
for (a) a building or structure to be built or constructed on land in conformity with a Site Plan approved
prior to February 21, 1989, but not more than two (2) years prior to issuance of the building permit by the
City Council in connection with the rezoning or platting of the land, or (b) the building or alteration of an
antenna or tower except an antenna or tower which is greater than eighty (80) feet in height.
Subd. 3. Plan Requirements. The terms "Site Plan and Architectural Design" as used in this section
mean a plan produced in written, graphic and/or pictorial form prepared by a registered architect,
landscape architect or engineer which includes the following:
A. A detailed natural systems analysis which documents existing physical features such as vegetation, soil types, slopes, hydrologic systems, wildlife, and ecology;
B. Proposed construction of all site alterations including grading, drainage, utilities, and storm sewer;
C. Building locations;
D. Landscaping and screening;
E. Lighting;
F. Plans for all pylon, monument, and building signs;
G. An architectural plan of the exterior of the building or structure intended to be constructed, altered, or enlarged situated on the site depicting the building elevation, including its height from the surface of the ground in its altered or finished condition; its width and depth, its location in
relation to the land on which it is situated, and its external appearance such as materials, texture and color; and
H. Such other information as may reasonably be required by the City.
Subd. 4. Application and Level of Review.
A. The owner of property for which approval of a Site Plan and Architectural Design is required by this subdivision may apply for Site Plan and Architectural Design review and approval by filing an application with the City Planner on the form provided by the City Planner and containing the
information required by such form accompanied by a Site Plan and Architectural Design, together with such further information as may reasonably be required by the City Planner.
The City Planner will determine the level of review required for a new or amended Site Plan and
Architectural Design based on the criteria set forth below. The City Planner may determine to
refer an application to the City multi-department staff "Development Review Committee" for
review and recommendation to the City Planner:
B. The following are considered administrative amendments to an approved Site Plan and Architectural Design and are subject to review and approval by the City Planner:
1. Reduction of parking which meets City Code requirements for size, number and aisle width. Reconfiguration of parking meeting City Code requirements for size, number and aisle width.
2. Changes to landscaping type, location and species that do not fall below the site requirements.
C. The following are considered minor amendments to an approved Site Plan and Architectural Design and are subject to review and consideration for approval by the City Council only without referral to the Planning Commission:
1. Alterations which are code compliant and are ten percent (10%) or less of the Gross Floor Area of a building or two thousand (2,000) square feet whichever is less. The expansion or reduction shall be the cumulative total and/or cumulative reduction after January 5,
2016; and
2. Facade remodels which are code compliant.
D. All other amendments and alterations to an approved Site Plan and Architectural Design, are
considered major amendments and are subject to review in accordance with Subdivisions 5 and 6.
E. All new buildings, structures, and parking areas and all alterations to existing buildings, structures and parking areas that do not have an approved Site Plan and Architectural Design are subject to
review in accordance with Subdivisions 5 and 6.
F. A Zoning Certificate and Certificate of Occupancy are required in accordance with City Code Section 11.77.
Subd. 5. Standards and Provisions. A Site Plan and Architectural Design will be evaluated according to
its compliance with the following standards and provisions:
A. Adherence to, and consistency with, the City's policies and objectives as reflected in the Comprehensive Guide Plan and City Design Guidelines.
B. Adherence to, and consistency with, the City Code relating to zoning and the subdivision of land.
C. The preservation and enhancement of the natural and built environment as well as those modifications already effected by development and construction upon the land, including the
minimization of: tree loss, soil removal, wetland, floodplain, lake and creek encroachment; and the maintenance of the general natural topography or physical grade of the land consistent with that of adjoining properties.
D. Maintenance of open space to provide a desirable environment both for occupants of the site and the general public.
E. Transitions where there are differences in land use, building mass, height, densities, and site intensity, in proximity to that which is the subject of the Site Plan and Architectural Design. Transitions may be accomplished by increased setbacks, berming, plantings, larger lot sizes, lower densities, lower flood area ratios, and smaller buildings.
F. Provision for safe and convenient vehicle and pedestrian traffic, including interior drives and parking arrangements which facilitate clear access to public streets, appropriate widths for drives and access points, and the separation of vehicular and pedestrian traffic.
G. The minimization of negative impacts upon other land uses of surface water run-off, noise, glare, odors, vibrations, dust, loading areas, parking areas, and refuse areas.
H. Compatibility of materials, textures, colors, and other construction details with other structures and uses in the vicinity.
I. Such other conditions and criteria as are reasonably related to the health, safety and welfare of the
residents of the City and to preservation of the environment.
J. Preservation of Heritage Preservation Sites as designated by the Council pursuant to Section 11.38 and adherence to, and consistency with, the City's policies and objectives as reflected in the
Heritage Preservation Site Program.
Subd. 6. Approval Process
A. Except as provided for in Subdivisions 4.B and 4.C. a Site Plan and Architectural Design may not be acted upon by the Council until it has received the recommendation of the Planning Commission or until sixty (60) days have elapsed from the date it has been referred to the
Planning Commission for its study and report. Site Plans for City-owned park property may not be acted upon by the Council until it has received the recommendation of the Parks, Recreation and Natural Resources Commission or until sixty (60) days have elapsed from the date it has been referred to the Parks, Recreation and Natural Resources Commission for its study and report.
B. No approval may be given until a public hearing has been held thereon by the Council. A notice of the time, place and purpose of the hearing will be published in the official newspaper of the
City at least ten (10) days before the day of the hearing. A notice will be mailed at least ten (10) days before the day of the hearing to each owner of property situated wholly or partly within five hundred (500) feet of the property to which the requested approval relates. For the purpose of
giving mailed notice, any appropriate records to determine the names and addresses of owners may be used. A copy of the notice and list of the owners and addresses to which the notice was sent must be attested to by the person giving the notice and will be made a part of the records of the proceeding. The failure to give mailed notice to the property owners or defects in the notice will not invalidate the proceeding provided a bona fide attempt to comply with this provision has been made.
STAFF REPORT
TO: Planning Commission FROM: Ben Schneider, Planner I
DATE: October 23, 2023 SUBJECT: Code Amendment – Chapter 11 Reformatting
BACKGROUND
The primary purpose of this code amendment is to reformat the City’s zoning code (City Code Chapter 11) to be more user friendly for residents, contractors, developers, and staff. This is proposed to be achieved by two main strategies: 1) rearranging existing provisions to separate code sections that are more intuitive for readers of Code to find and 2) creating a series of permitted use tables to add more clarity on what uses are permitted in each zoning district.
There are also two (2) additional proposed changes in this amendment that fall outside the scope of simple reformatting. The first is a repeal of the City’s regulations regarding medical cannabis. With the recent cannabis law passed by the MN State legislature, these medical cannabis provisions are no longer applicable. The second is amending the Town Center (TC) and Transit
Oriented Development (TOD) districts to not require all development proposals in these districts to apply for a Planned Unit Development (PUD). This is in response to the City’s Building Sustainability standards being triggered in part by PUD requests. The more ‘housekeeping’ changes are summarized below.
SUMMARY – CHAPTER 11 REFORMATING Chapter 11 of City Code includes all the City’s zoning regulations, including permitted uses, lot standards (setbacks, building height, etc.), and performance standards related to parking, architecture, landscaping, and much more. The City has made several substantive changes to the
zoning code in the past decade with the addition of new zoning districts, including TOD, TC, Mixed Use (MU), and Flex Service (FS). However, the formatting of older zoning district sections has largely been unchanged for decades. Revising the formatting across all zoning districts to be more consistent will make the zoning code more user friendly.
Permitted Use Tables The current zoning code includes a list of permitted uses in each zoning district section. This amendment proposes to replace these use lists with centralized tables, sampled on the next page. In each table, there are listed P or C uses. P represents those uses as permitted in the applicable zoning district. C represents those uses as Conditional uses in the applicable zoning district. There are only
two uses that are allowed by conditional use in Eden Prairie: adaptive reuse of historic sites, and telecommunication towers within the right of way within or adjacent to R-1 zoning districts. Staff believes that this change will add more clarity related to which uses are permitted in each zoning district.
Staff Report – Code Amendment – Chapter 11 Reformat
October 23, 2023 Page 2
2
Another factor that led to the proposed use tables is that if a specific use is listed in one zoning
district but not another, that use is not permitted where not listed. An audit of the listed uses identified this issue for restaurants, hotels, and medical clinics. These uses were listed in TOD and TC but nowhere else. Therefore, restaurants, hotels, and medical clinics would only be permitted in the TOD and TC districts since it is not listed in any other zoning district. This is clearly not the intent of the ordinance, as these uses are appropriate in other zoning districts – including all the
City’s Commercial districts. The City has a total of 29 zoning districts/sub districts. Since it would be difficult to navigate a table with 29 columns, staff is proposing to split this information into four separate tables; each with their own section in the zoning code. Separating the information into multiple tables is consistent with
City Codes in neighboring communities with use tables, including Bloomington, Richfield, Minneapolis, and Saint Paul. Note that each zoning district section in code will include a reference and hyperlink to the appropriate use table.
Use Type Zoning District
Rural R1-44 R1-22 R1-13.5 R1-9.5 RM-6.5 RM-2.5
RESIDENTIAL
Home Occupations, subject to City Code Section 11.65 P P P P P P P
Multi-family dwellings and accessory structures P P
Single Family detached dwellings and accessory structures P P P P P
RURAL
Agriculture, accessory and related uses P
Commercial stables. P
PUBLIC Adaptive Reuse of Heritage Preservation Site, subject to City Code Section 11.41 C
Antennas and Towers, subject to City Code Section 11.39 P P P P P P P
Public Infrastructure. P P P P P P P
Publicly owned historical property/building P
Staff Report – Code Amendment – Chapter 11 Reformat
October 23, 2023 Page 3
3
Reorganizing Content in Section 11.03 Currently, City Code Section 11.03 includes an abundance of performance standards. Since these
standards are all housed in one section, staff is unable to provide direct links to specific categories of regulations. Lumping all of these standards into one single section also makes the information generally harder to find. As a part of this amendment, most of the information in the existing Section 11.03 is being moved to different parts of the zoning code and in some cases titled to be more intuitive for users to find. New sections were created for landscaping, off-street parking,
architectural standards, outside storage and display, and the site plan review process. The current Section 11.03 also has some provisions that are specific to certain zoning districts. This amendment moves these standards to the pertinent zoning district section. Reformatting Zoning District Sections
In addition to rearranging the locations of various provisions, this amendment adds several cross references to other sections in the zoning code within each zoning district section. This includes references to landscaping, off-street parking, architecture, shoreland, and more standards. Additionally, this amendment removes the centralized setback/lot standard tables in Section 11.03 and provides individual setback/lot standard tables within each zoning district section. These
changes will enhance the user experience of City Code. STAFF RECOMMENDATION Staff recommends approval of the Code Amendment reformatting Chapter 11 as provided.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, OCTOBER 23, 2023 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay
CITY STAFF: Jeremy Barnhart, City Planner; Kristin Harley,
Recording Secretary I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission members Sivilay and Weber were absent. [Sherwood arrived at 7:01.]
III. APPROVAL OF AGENDA
MOTION: Grote moved, seconded by Kirk to approve the agenda. MOTION
CARRIED 6-0.
IV. MINUTES
MOTION: Farr moved, seconded by Sherwood to approve the minutes of October 9,
2023. Farr amended to correct the word “land” to say “lane” on the bottom of page three.
MOTION CARRIED 7-0.
V. PUBLIC HEARINGS
A. CODE AMENDMENT – CHAPTER 11 ZONING Request for
Amend City Code Chapter 11 related to reformatting for clarity and other housekeeping items Barnhart presented the staff report. The Zoning Code was reviewed periodically,
at least once a year to address any issues and ensure the Zoning Ordinance reflects the City’s goals. Additionally, staff identified a need to make the ordinance more user friendly, easier to navigate through, and to find desired information. There
PLANNING COMMISSION MINUTES October 23, 2023 Page 2
were two areas where changes proposed were not strictly reformatting. Medical cannabis had been regulated in 2017, however, State Statutes had changed since
then, and the regulation needed to be removed. Also, development in the TOD and TC districts, and their 6 subdistricts was required to go through the PUD process, and this would be changed to be made optional. The Commission may recall that the Building Sustainability Standards are in part triggered by PUD applications.
This was a lengthy Zoning Code and staff had looked at it from the user perspective, and created several new sections for parking, landscaping, and the site plan review process. This modified the document’s organization so that each Zoning District had its own section with its setbacks, building heights and other
requirements. There were also four property use tables showing where uses are allowed in each Zoning District. This was to aid users in finding the information more easily. In the review of the zoning ordinance, staff found that some Districts did list a use
not listed in other Zoning Districts, such as restaurants, which were listed in TOD, but not elsewhere, implying restaurants were not allowed elsewhere. Restaurants were therefore added into the Commercial District as well. Hotel were another example of a use that needed to be listed elsewhere where they had not been mentioned, but were still allowed.
Other than the changes to the Medical Cannabis regulation, and PUD requirements, there were no real substantive changes and there was a conscious effort not to change practices or policies. MOTION: Grote moved, seconded by Mette to close the public hearing. Motion carried 7-0. Farr commended staff for the additions of pointers at the end of every section to aid the user in finding requirements. Mette agreed, adding this reformatting would
save a lot of administrative time for developers and staff. Farr added any enhancements with the addition of hotlinks would be welcome. Pieper also commended the changes. MOTION: Farr moved, seconded by Kirk to recommend approval of the
amended to Chapter 11 as represented in the October 23, 2023 staff report. Motion carried 7-0. B. CODE AMENDMENT – SIGN CODE Request for
Amend City Code Chapter 11 related to Sign regulations
PLANNING COMMISSION MINUTES October 23, 2023 Page 3
Barnhart presented the staff report. This was the third sign code amendment in the last 24 months. The first made the sign Code content-neutral in response to a
Supreme Court ruling. There were additional housekeeping changes after that. This third amendment is intended to clarify City expectations. The definition of sign area clarifies how sign area is measured. This varies by city, but all drew a shape around the sign to demark how the sign’s area was
measured, and a single rectangle was used in the past. This would replace the word “rectangle” with “shape” to reflect how sign area can be measured efficiently. Code currently prohibits off premises signs. The City has allowed them in
Planned Unit Developments, and the code reflects this option. The proposed ordinance clarifies that address information on freestanding signs is not counted toward the sign area, similar to how address information is calculated on buildings.
The proposal also clarifies the 300 foot rule, excluding incidental and menu board free standing signs. In certain zoning districts, signage was not currently limited to the number of
signs on the wall, but to the area(except in Industrial, Golf Course, and Public Zoning Districts, in which signage was limited by amount and by the number of signs). The ordinance removes the number of sign limitations in those districts, to be consistent. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 7-0. Farr noted all the improvements seemed to be positive changes. He added the commission had discussed the interaction of landscaping, font, and street speed
with monument signs that could affect the sign’s visibility and conflict with landscape screening, and asked if there should be pointers for best practices. Barnhart stated landscaping was examined by staff but he was hesitant to put it in the Code, as he was uncertain how to word it and there was a subjective element
to this with many variables. Some cities had regulations related to signage per the speed of the road, and while he was not sure this was an issue in Eden Prairie, staff could look at this. Entrances were usually steered toward side roads by staff rather than main, higher-speed roads. He had never had a request for additional signage due to the street’s speed.
Farr stated his interest was to avoid a traffic concern, for example a sign that would cause drivers to tap the brakes to read the entire sign.
PLANNING COMMISSION MINUTES October 23, 2023 Page 4
MOTION: Kirk moved, seconded by Mette to recommend approval of the Sign
Code Amendment as represented in the October 23, 2023 staff report. Motion carried 7-0. PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Grote to adjourn. Motion carried 7-0.
The meeting was adjourned at 7:25 p.m.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
Nov. 14, 2023
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Ben Schneider
ITEM DESCRIPTION:
Code Amendment – Sign Code
ITEM NO.:
IX.B.
Requested Action
Move to:
• Close the Public Hearing; and
• Approve the 1st Reading of the Ordinance to amend the Sign Code
Synopsis This proposed amendment addresses a handful of housekeeping sign code changes. The ordinance includes minor clarifying language to ensure the sign code aligns with how it has historically been applied by the City.
Background Below is a summary of proposed changes in this sign code amendment. Sign Area Definition
The sign ordinance currently defines sign area as: “that area that is included in the smallest rectangle
which can be made to circumscribe the sign. The maximum sign area for a free-standing sign refers to
a single face and does not include vertical structural members below the sign face or the sign base.” A strict reading of the first part of this definition limits some creative sign designs that deviate from a traditional rectangular shape (see example below).
Unlike when this definition was first adopted, staff now has internal software that can measure the area of an object-regardless of its shape. This amendment is proposing to update the first part of the definition of sign area to say: “that area that is included within the smallest shape which can be made
to circumscribe the sign.” This aligns with current practice, encourages creativity, and is more consistent with how most neighboring communities define sign area.
PUD Signs The current sign ordinance prohibits all off-premises signage with the exception of temporary signage during construction. Prior to the content neutral sign code amendment, there were provisions in Code that exempted PUDs from this requirement. That exemption was inadvertently not carried over to the
current sign code. Staff is proposing to address this by adding language clarifying that a PUD
development with multiple lots may have signage that advertises uses on multiple lots. This is consistent with previous versions of code and also aligns with the goal of limiting sign proliferation. For example, Flying Cloud Commons has signage advertising Chick Fil A, Bank of America, and Flagstone instead of having individual free-standing signs on each lot.
Addresses on Free Standing Signs Before the content neutral sign code amendment, street addresses were not included in the calculation of total sign area. This amendment adds language clarifying that this exemption is still applicable.
Incidental Signs and the “300-foot Rule”
The most recent sign code amendment added the term “incidental signs” as a way to allow free-standing signs that are 6 square feet or less in addition to other free-standing signs. The sign code also states that no two free-standing signs in Commercial districts may be within 300 feet of one another, as a preventative measure against sign proliferation. Since incidental signs are by definition freestanding,
staff has included language in this amendment clarifying that incidental signs are exempt from this
300-feet requirement. A similar provision already exists for menu board signs. “One (1) Wall Sign” vs “Wall Signage” In the Industrial, Public, and Golf Course zoning districts, the sign code states that “One (1) wall sign”
is permitted on walls with street frontages. In other zoning districts, the cap on wall signage does not
get as specific; allowing for multiple wall signs as long as the maximum sign area is not exceeded. Staff is proposing to update the language in these three zoning districts to be consistent with the other districts.
Removing redundancies
The code amendment includes the deletion of redundant provisions in the sign code. Planning Commission Recommendation
The Planning Commission voted 7-0 to recommend approval of this ordinance at its meeting on
October 23rd, 2023. Attachments 1. Ordinance
2. Staff Report to Planning Commission
3. Unapproved Planning Commission Minutes from October 23, 2023 Meeting
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. ____-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTION 11.70 RELATED TO SIGN REGULATIONS; AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 11, Section 11.70, Subdivision 3 is amended in the definition of
“Sign Area” by deleting the phrase “in the smallest rectangle” and replacing it with the phrase “within the smallest shape”. Section 2. City Code Chapter 11, Section 11.70, Subdivision 4, Subsection B, Item 1 is amended by adding at the end of the sentence: “, or signs permitted as part of a Planned Unit Development”.
Section 3. City Code Chapter 11, Section 11.70, Subdivision 4, Subsection G, Item 1, Sub-item b is amended by deleting “Section 11.03, Subdivision 6” and replacing it with “Section 11.47”. Section 4. City Code Chapter 11, Section 11.70, Subdivision 4, Subsection G, Item 2 is deleted
in its entirety, and Subdivision 4, Subsection G, Item 3 is renumbered to Item 2. Section 5. City Code Chapter 11, Section 11.70, Subdivision 4, Subsection H, Item 4 is amended by deleting “Section 11.03” and replacing it with “Section 11.44”. Section 6. City Code Chapter 11, Section 11.70, Subdivision 4, Subsection I, is amended by deleting “Section 11.03, Subdivision 3.F” and replacing it with “Section 11.08, Subdivision 7”. Section 7. City Code Chapter 11, Section 11.70, Subdivision 4, Subsection N is deleted in its entirety, and existing Subsections O through U are re-lettered as Subsections N through T.
Section 8. City Code Chapter 11, Section 11.70, Subdivision 4, Subsection O (as re-lettered by Section 7 of this Ordinance) is amended by deleting “Section 11.03” and replacing it with “Section 11.44”. Section 9. City Code Chapter 11, Section 11.70, Subdivision 4, Subsection T (as re-letter by Section 7 of this Ordinance) is amended by deleting the final sentence of the Subsection and replacing it with the following sentence: “Any address identification message is not included in the sign area calculation.” Section 10. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection B, Item 1, Sub-item b is amended in the last sentence by adding after the word “signs” the phrase “and incidental signs”.
Section 11. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection D, Item 2, is amended
by deleting each instance of the phrase “One (1) wall sign” in Sub-items a and b and replacing
each with the phrase “Wall signage”. Section 12. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection E, Item 2, is amended by deleting each instance of the phrase “One (1) wall sign” in Sub-items a and b and replacing
each with the phrase “Wall signage”.
Section 13. City Code Chapter 11, Section 11.70, Subdivision 5, Subsection G, Item 2, is amended by deleting the phrase “One wall sign” and replacing it with the phrase “Wall signage”.
Section 14. City Code Chapter 6, Section 6.03, Subdivision 21, Subsection C is amended by
deleting “Subdivision 3.D” and replacing it with “Subdivision 4.D”. Section 15. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation,” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim
herein. Section 16. This ordinance will become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14th day
of November, 2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the _____ day of _______________, 20___.
_________________________________ _________________________________
David Teigland, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 20___.
STAFF REPORT
TO: Planning Commission FROM: Ben Schneider, Planner I
DATE: October 23, 2023 SUBJECT: Code Amendment –Sign Code Changes
BACKGROUND
This text amendment is considered the last of three phases of sign code changes identified in Planning staff’s work plan. The first phase, approved by the Council in early 2022, made the sign code “content neutral.” The second phase was approved in the second half of 2022 and included
updates to sign regulations for specific zoning districts, including Office, Transit Oriented
Development, and Town Center. This proposed amendment addresses a handful of housekeeping items. PROPOSED CHANGES
Below is a summary of proposed changes in this sign code amendment. The overarching theme of
these changes is to add clarity and align the sign code with Council expectations, while removing contradictory regulation. Sign Area Definition
The sign ordinance currently defines sign area as: “that area that is included in the smallest
rectangle which can be made to circumscribe the sign. The maximum sign area for a free-standing
sign refers to a single face and does not include vertical structural members below the sign face or the sign base.” A strict reading of the first part of this definition limits some creative sign designs that deviate from a traditional rectangular shape (see example below).
Staff Report – Code Amendment – Sign Requirements
October 23, 2023 Page 2
2
Unlike when this definition was first adopted, staff now has internal software that makes it easy to
measure the area of an object-regardless of its shape. This amendment is proposing to update the first part of the definition of sign area to say: “that area that is included within the smallest shape which can be made to circumscribe the sign.” This aligns with current practice and is more consistent with how most neighboring communities define sign area.
PUD Signs The current sign ordinance prohibits all off-premises signage with the exception of temporary signage during construction. Prior to the content neutral sign code amendment, there were provisions in Code that exempted PUDs from this requirement. That exemption was inadvertently not carried over to the current sign ordinance. Staff is proposing to address this by adding language clarifying
that a PUD development with multiple lots may have signage that advertises uses on multiple lots. This is consistent with previous versions of code and also is consistent with the goal of limiting sign proliferation. For example, Flying Cloud Commons has signage advertising Chick Fil A, Bank of America, and Flagstone instead of having individual free-standing signs on each lot.
Addresses on Free Standing Signs Before the content neutral sign code amendment, street addresses were not included in the calculation of total sign area. This amendment adds language clarifying that this exemption is still applicable.
Incidental Signs and the “300-foot Rule” The most recent sign code amendment added the term “incidental signs” as a way to allow free-standing signs that are 6 square feet or less in addition to other free-standing signs. The sign code also states that no two free-standing signs in Commercial districts may be within 300 feet of one
another, as a preventative measure against sign proliferation. Since incidental signs are by definition
freestanding, staff has included language in this amendment clarifying that incidental signs are exempt from this 300-feet requirement. A similar provision already exists for menu board signs. “One (1) Wall Sign” vs “Wall Signage”
In the Industrial, Public, and Golf Course zoning districts, the sign code states that “One (1) wall
sign” is permitted on walls with street frontages. In other zoning districts, the cap on wall signage does not get as specific; allowing for multiple wall signs as long as the maximum sign area is not exceeded. Staff is proposing to update the language in these three zoning districts to be consistent with the other districts. STAFF RECOMMENDATION Staff recommends approval of the code amendments to the sign code as represented in the October 23, 2023 staff report.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, OCTOBER 23, 2023 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Carole Mette, Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay
CITY STAFF: Jeremy Barnhart, City Planner; Kristin Harley,
Recording Secretary I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission members Sivilay and Weber were absent. [Sherwood arrived at 7:01.]
III. APPROVAL OF AGENDA
MOTION: Grote moved, seconded by Kirk to approve the agenda. MOTION
CARRIED 6-0.
IV. MINUTES
MOTION: Farr moved, seconded by Sherwood to approve the minutes of October 9,
2023. Farr amended to correct the word “land” to say “lane” on the bottom of page three.
MOTION CARRIED 7-0.
V. PUBLIC HEARINGS
A. CODE AMENDMENT – CHAPTER 11 ZONING Request for
Amend City Code Chapter 11 related to reformatting for clarity and other housekeeping items Barnhart presented the staff report. The Zoning Code was reviewed periodically,
at least once a year to address any issues and ensure the Zoning Ordinance reflects the City’s goals. Additionally, staff identified a need to make the ordinance more user friendly, easier to navigate through, and to find desired information. There
PLANNING COMMISSION MINUTES October 23, 2023 Page 2
were two areas where changes proposed were not strictly reformatting. Medical cannabis had been regulated in 2017, however, State Statutes had changed since
then, and the regulation needed to be removed. Also, development in the TOD and TC districts, and their 6 subdistricts was required to go through the PUD process, and this would be changed to be made optional. The Commission may recall that the Building Sustainability Standards are in part triggered by PUD applications.
This was a lengthy Zoning Code and staff had looked at it from the user perspective, and created several new sections for parking, landscaping, and the site plan review process. This modified the document’s organization so that each Zoning District had its own section with its setbacks, building heights and other
requirements. There were also four property use tables showing where uses are allowed in each Zoning District. This was to aid users in finding the information more easily. In the review of the zoning ordinance, staff found that some Districts did list a use
not listed in other Zoning Districts, such as restaurants, which were listed in TOD, but not elsewhere, implying restaurants were not allowed elsewhere. Restaurants were therefore added into the Commercial District as well. Hotel were another example of a use that needed to be listed elsewhere where they had not been mentioned, but were still allowed.
Other than the changes to the Medical Cannabis regulation, and PUD requirements, there were no real substantive changes and there was a conscious effort not to change practices or policies. MOTION: Grote moved, seconded by Mette to close the public hearing. Motion carried 7-0. Farr commended staff for the additions of pointers at the end of every section to aid the user in finding requirements. Mette agreed, adding this reformatting would
save a lot of administrative time for developers and staff. Farr added any enhancements with the addition of hotlinks would be welcome. Pieper also commended the changes. MOTION: Farr moved, seconded by Kirk to recommend approval of the
amended to Chapter 11 as represented in the October 23, 2023 staff report. Motion carried 7-0. B. CODE AMENDMENT – SIGN CODE Request for
Amend City Code Chapter 11 related to Sign regulations
PLANNING COMMISSION MINUTES October 23, 2023 Page 3
Barnhart presented the staff report. This was the third sign code amendment in the last 24 months. The first made the sign Code content-neutral in response to a
Supreme Court ruling. There were additional housekeeping changes after that. This third amendment is intended to clarify City expectations. The definition of sign area clarifies how sign area is measured. This varies by city, but all drew a shape around the sign to demark how the sign’s area was
measured, and a single rectangle was used in the past. This would replace the word “rectangle” with “shape” to reflect how sign area can be measured efficiently. Code currently prohibits off premises signs. The City has allowed them in
Planned Unit Developments, and the code reflects this option. The proposed ordinance clarifies that address information on freestanding signs is not counted toward the sign area, similar to how address information is calculated on buildings.
The proposal also clarifies the 300 foot rule, excluding incidental and menu board free standing signs. In certain zoning districts, signage was not currently limited to the number of
signs on the wall, but to the area(except in Industrial, Golf Course, and Public Zoning Districts, in which signage was limited by amount and by the number of signs). The ordinance removes the number of sign limitations in those districts, to be consistent. MOTION: Grote moved, seconded by Taylor to close the public hearing. Motion carried 7-0. Farr noted all the improvements seemed to be positive changes. He added the commission had discussed the interaction of landscaping, font, and street speed
with monument signs that could affect the sign’s visibility and conflict with landscape screening, and asked if there should be pointers for best practices. Barnhart stated landscaping was examined by staff but he was hesitant to put it in the Code, as he was uncertain how to word it and there was a subjective element
to this with many variables. Some cities had regulations related to signage per the speed of the road, and while he was not sure this was an issue in Eden Prairie, staff could look at this. Entrances were usually steered toward side roads by staff rather than main, higher-speed roads. He had never had a request for additional signage due to the street’s speed.
Farr stated his interest was to avoid a traffic concern, for example a sign that would cause drivers to tap the brakes to read the entire sign.
PLANNING COMMISSION MINUTES October 23, 2023 Page 4
MOTION: Kirk moved, seconded by Mette to recommend approval of the Sign
Code Amendment as represented in the October 23, 2023 staff report. Motion carried 7-0. PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Grote to adjourn. Motion carried 7-0.
The meeting was adjourned at 7:25 p.m.
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
Nov. 14, 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 304089 - 304720
Wire Transfers 1034556 - 1034766 Wire Transfers 9918 - 9976
Purchasing Card 9961
City of Eden Prairie
Council Check Summary
11/14/2023
Division Amount Division Amount
000 General 21,196 304 Senior Board 73
100 City Manager 43,387 308 E-911 43,625
101 Legislative 15,270 315 Economic Development 66,291
102 Legal Counsel 40,114 502 Park Development 132,369
110 City Clerk 208 509 CIP Fund 161,480
111 Customer Service 11,330 513 CIP Pavement Management 7,453
112 Human Resources 1,021 522 Improvement Projects 2006 135,306
113 Communications 5,646 526 Transportation Fund 17,052
114 Benefits & Training 4,008 528 Shady Oak Rd-CR 61 North 506,740
130 Assessing 749 539 2020 Improvement Projects 383,734
131 Finance 1,325 540 Duck Lake Rd. Reconstruction 1,120
132 Housing and Community Services 31,450 541 DELL RD (CRESTWOOD TO CSAH 61) 4,300
133 Planning 716 542 Willow Creek Street/Utilities 18,948
136 Public Safety Communications 3,878 804 100 Year History 2,462
137 Economic Development 604 Total Capital Projects Fund 1,480,951
138 Community Development Admin. 304
151 Park Maintenance 50,666 601 Prairie Village Liquor 186,464
153 Organized Athletics 8,994 602 Den Road Liquor 367,908
154 Community Center 64,036 603 Prairie View Liquor 225,461
156 Youth Programs 9,284 605 Den Road Building 24,600
157 Special Events 8,203 701 Water Enterprise Fund 750,495
158 Senior Center 5,601 702 Wastewater Enterprise Fund 23,331
159 Recreation Administration 584 703 Stormwater Enterprise Fund 185,247
160 Therapeutic Recreation 282 Total Enterprise Fund 1,763,505
162 Arts 6,212
163 Outdoor Center 846 316 WAFTA 149
168 Arts Center 3,591 802 494 Commuter Services 63,400
180 Police Sworn 98,249 806 SAC Agency Fund 541,730
182 Police Civilian 700 807 Benefits Fund 1,547,229
184 Fire 66,751 809 Investment Fund 5,152
186 Inspections 4,287 811 Property Insurance 178,603
200 Engineering 38,246 812 Fleet Internal Service 198,067
201 Street Maintenance 50,013 813 IT Internal Service 76,101
202 Street Lighting 97,518 814 Facilities Capital ISF 97,667
Total General Fund 695,270 815 Facilites Operating ISF 86,979
816 Facilites City Center ISF 118,569
301 CDBG 112,598 817 Facilites Comm. Center ISF 182,018
303 Cemetary Operation 4,793 818 Dental Insurance 22,280
312 Recycle Rebate 6,380 820 Fencing Consortium 5,983
Total Special Revenue Fund 123,771 Total Internal Svc/Agency Funds 3,123,928
Report Total 7,187,425
City of Eden PrairieCouncil Check Register by GL11/14/2023Check # Amount Supplier / Explanation Account Description Business Unit Comments304201 536,313 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund Sept23 SAC charges304391 506,740 SM HENTGES & SONS INC Improvement Contracts Shady Oak Rd-CR 61 North West 62nd St Reconstruction304205 378,459 NEW LOOK CONTRACTING INC Improvement Contracts 2020 Improvement Projects Prairie Ctr Dr and Singletree Lane Project9971 317,468 HEALTHPARTNERS Accounts Receivable Health and Benefits Nov 2023 Premiums9935 303,950 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 10.20.239920 293,879 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 10.06.239918 220,915 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 09.22.239933 215,004 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 10.06.231034671 208,641 XCEL ENERGY Electric Various Funds Multi premise electric304680 178,614 LEAGUE MN CITIES INS TRUST WC Workers Comp Insurance Property Insurance Property/Casualty Premiums9928 145,050 MINNESOTA DEPT OF REVENUE Due to Other Governments Various Funds Sales Tax Sept 2023304193 126,871 LANDSCAPE STRUCTURES Other Contracted Services Park Acquisition Nesbitt Park Splash Pad Project1034750 124,346 GMH ASPHALT CORPORATION Improvement Contracts Improvement Projects 2006 Pioneer Trail Reconstruction Project304487 123,040 BKJ LAND COMPANY Improvement Contracts Stormwater Capital Sunnybrook Culvert replacement Project304712 92,444 TENVOORDE FORD, INC. Autos Fleet Operating1034651 87,226 EPA AUDIO VISUAL INC Other Contracted Services General Fixed Asset Account Gr1034723 82,281 XCEL ENERGY Electric Various Funds304160 77,881 BOLTON & MENK INC Design & Engineering Water Capital9961 76,581 USB-PURCHASING CARD Various Various Funds304231 71,860 THE PRESERVE 1 CONDO ASSOCIATION Accounts Receivable TIF-Eden Shores Senior Housing1034765 69,797 XCEL ENERGY Electric Various Funds304369 67,653 KEYS WELL DRILLING COMPANY Improvement Contracts Water Capital304188 66,293 HYDROCORP Improvement Contracts Water Enterprise Fund1034718 59,156 SRF CONSULTING GROUP INC Design & Engineering Stormwater Capital304515 58,437 HYDROCORP Improvement Contracts Water Enterprise Fund1034683 55,083 BARNUM GATE SERVICES INC Other Contracted Services Facilities Capital9937 47,722 EMPOWER Deferred Compensation Health and Benefits304362 45,941 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment1034714 43,032 MOTOROLA Equipment Repair & Maint E-911 Program304228 41,899 SURFACE PROS LLC Other Contracted Services Facilities Capital1034709 41,441 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Council304378 41,398 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Training Aid Fire304212 39,635 PRECISION UTILITIES Equipment Repair & Maint Water Distribution304675 39,281 ISPACE ENVIRONMENTS Other Contracted Services Community Center Admin304234 35,377 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian) IT Operating9922 34,474 EMPOWER Deferred Compensation Health and Benefits1034752 33,661 HANSEN THORP PELLINEN OLSON Design & Engineering Wastewater Capital304401 32,271 SUNRAM CONSTRUCTION Design & Engineering Economic Development Fund1034615 32,044 XCEL ENERGY Electric Various Funds304447 29,018 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store304633 27,909 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg City Hall (City Cost)1034599 26,986 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds304550 26,019 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit304522 25,450 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating1034705 25,413 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds304516 23,734 INDUSTRIAL PAINTING SPECIALISTS Improvement Contracts Water Enterprise Fund304540 23,442 PROP Other Contracted Services CDBG - Public Service304271 23,321 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store304337 21,685 CORE & MAIN Repair & Maint. Supplies Water Distribution1034762 21,510 STREICHERS Training Supplies Police Sworn1034704 21,302 CENTERPOINT ENERGY Gas Various Funds304508 20,838 EXCEL LAWN & LANDSCAPE Capital Under $25,000 Den Bldg. - CAM304353 19,864 GRAYMONT Treatment Chemicals Water Treatment304182 19,791 GRAYMONT Treatment Chemicals Water Treatment304153 19,042 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - CAM1034689 19,000 GUNNAR ELECTRIC CO INC Equipment Repair & Maint Street Lighting304399 18,823 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Non-Capital9936 18,205 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits9921 17,965 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits304339 17,040 CRAWFORD DOOR SALE CO OF THE TWIN CITIES Capital Under $25,000 Maintenance Facility304354 16,342 GRI EDEN PRAIRIE, LLC Other Contracted Services Prairie Village Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments304222 16,191 SIR LINES-A-LOTContracted StripingTraffic Signs304384 16,187 PRAIRIEVIEW RETAIL LLCOther Contracted Services Prairie View Liquor Store9942 15,826 WEXHSA - EmployerHealth and Benefits9966 15,696 WEXHSA - EmployeeHealth and Benefits304603 15,463 JOHNSON BROTHERS LIQUOR COLiquor Product Received Den Road Liquor Store304467 15,397 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie View Liquor Store304359 15,000 HENNEPIN COUNTY ACCOUNTS RECEIVABLEOther Contracted Services Police Sworn1034743 14,729 ADVANCED ENGINEERING & ENVIRONMENTAL SE Improvement Contracts Wastewater Capital304158 14,500 BADGER STATE INSPECTION LLCImprovement Contracts Water Capital304178 14,270 EXCEL LAWN & LANDSCAPEContract Svcs - General Bldg Fire Station #1304120 14,167 JOHNSON BROTHERS LIQUOR COLiquor Product Received Den Road Liquor Store304280 13,948 JOHNSON BROTHERS LIQUOR COLiquor Product Received Den Road Liquor Store1034656 13,920 HAWKINS INCTreatment ChemicalsWater Treatment304453 13,548 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store9930 13,361 I-494 CORRIDOR COMMISSIONWages and Benefits494 Corridor Commission9932 13,361 I-494 CORRIDOR COMMISSIONWages and Benefits494 Corridor Commission304666 13,102 GRAYMONTTreatment ChemicalsWater Treatment304510 13,032 GRAYMONTTreatment ChemicalsWater Treatment304172 12,930 CORNERHOUSEOther Contracted Services Police Sworn304424 12,843 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie Village Liquor Store9974 12,581 CHASEBank and Service Charges Various Funds304488 12,324 BOLTON & MENK INCDesign & Engineering Willow Creek Street/Utilities304594 12,262 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Den Road Liquor Store304328 12,175 BRIN GLASS SERVICEContract Svcs - General Bldg City Center - CAM304552 11,990 STERNBERG LIGHTINGDesign & Engineering Economic Development Fund304615 11,666 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie View Liquor Store304439 11,338 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Den Road Liquor Store304708 11,327 SOUTHWEST SUBURBAN CABLE COMMISSIONDues & SubscriptionsCity Council304112 10,930 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Den Road Liquor Store1034663 10,831 PRAIRIE ELECTRIC COMPANYEquipment Repair & Maint Maintenance Facility304609 10,512 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store304241 10,161 MINNESOTA LIFE INSURANCE COMPANYLife Insurance EE/ERHealth and Benefits304412 10,000 GUIDARINI, ROBERTDepositsGeneral Fund304127 9,829 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store304581 9,828 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie Village Liquor Store304623 9,565 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie View Liquor Store304236 9,484 VERIZON WIRELESSOther Contracted Services IT Operating304213 9,375 PROPOther Contracted Services Housing and Community Service1034664 9,375 SENIOR COMMUNITY SERVICESOther Contracted Services Housing and Community Service304355 9,374 GUARDIAN FLEET SAFETY LLCAutosFleet - Police304113 9,223 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Den Road Liquor Store1034684 9,199 BRAUN INTERTEC CORPORATIONOther Contracted Services CIP Pavement Management304135 9,004 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie View Liquor Store1034755 8,953 POMP'S TIRE SERVICE INCTiresFleet Operating304143 8,934 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie View Liquor Store304441 8,798 CAPITOL BEVERAGE SALES LPLiquor Product Received Den Road Liquor Store1034646 8,610 BIFFS INCWaste DisposalPark Maintenance304440 8,589 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Den Road Liquor Store1034669 8,465 WALL TRENDS INCOther Contracted Services Capital Maint. & Reinvestment304657 8,375 EDEN PRAIRIE COMMUNITY EDUCATIONGym RentalVolleyball304303 8,221 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie View Liquor Store9931 8,073 U.S. BANK - I-494 PURCH. CARDDeposits494 Corridor Commission1034701 8,044 YOUNGSTEDTS COLLISION CENTEREquipment Repair & Maint Fleet Operating304651 7,992 CORE & MAINRepair & Maint. Supplies Water Distribution1034719 7,945 STREICHERSProtective ClothingPolice Sworn304479 7,941 AMCS GROUP INCSmall ToolsFleet Operating304223 7,566 SLAMHAMMER SOUND CO, INCOther Contracted Services July 4th Celebration304368 7,500 K&S HEATING AIR PLUMBING ELECTRIC INCOther Contracted Services Rehab304637 7,500 BADGER STATE INSPECTION LLCDesign & Engineering Water Capital304387 7,248 RAINBOW TREECAREOther Contracted Services Tree Disease304606 7,234 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Den Road Liquor Store304252 7,155 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie Village Liquor Store304114 7,078 CAPITOL BEVERAGE SALES LPLiquor Product Received Den Road Liquor Store304327 6,931 BKJ LAND COMPANYAsphalt OverlayStormwater Capital304490 6,840 BUREAU OF CRIMINAL APPREHENSIONSoftware Maintenance IT Operating
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments304432 6,713 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store304126 6,686 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Den Road Liquor Store9953 6,671 HEALTHPARTNERSDental InsuranceDental Insurance304297 6,669 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie View Liquor Store9975 6,660 BPASHRAHealth and Benefits304089 6,621 HENNEPIN COUNTY TREASURERLicenses, Taxes, FeesCapital Impr. / Maint. Fund304326 6,561 BECKER ARENA PRODUCTS INCContract Svcs - General Bldg Ice Arena Maintenance304099 6,542 JOHNSON BROTHERS LIQUOR COLiquor Product Received Prairie Village Liquor Store304285 6,489 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Den Road Liquor Store304595 6,397 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Den Road Liquor Store304377 6,395 METERING & TECHNOLOGY SOLUTIONSCapital Under $25,000 Water Metering304397 6,270 STANDARD SIDEWALK INC.Other Contracted Services Capital Maint. & Reinvestment304341 6,263 DG MINNESOTA CS 2021 LLCElectricFacilities Operating ISF304416 5,849 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie Village Liquor Store304375 5,829 MANSFIELD OIL COMPANYMotor FuelsFleet Operating304628 5,785 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store304104 5,662 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store304288 5,643 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store1034754 5,601 METRO SALES INCORPORATED*Other RentalsIT Operating304393 5,591 SSI KEF SLB LLCElectricCity Center - CAM304644 5,555 CERTAPRO PAINTERS SW METROOther Contracted Services Rehab304211 5,533 POSTMASTERPostageRecycle Rebate9941 5,500 WEXHSA - EmployerHealth and Benefits304220 5,375 RIVERS EDGE CONCRETEAsphalt OverlayStormwater Collection1034756 5,326 PRAIRIE ELECTRIC COMPANYContract Svcs - Electrical Fire Station #4304678 5,275 KEYS WELL DRILLING COMPANYEquipment Repair & Maint Water Treatment304382 5,152 PFM ASSET MANAGEMENT LLCInterestInvestment Fund304458 5,126 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie View Liquor Store304380 5,111 MOHAWK LIFTS LLCMachinery & Equipment Fleet Operating304149 5,107 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store9923 5,075 INVOICE CLOUD INCBank and Service Charges Various Funds9964 5,011 HEALTHPARTNERSDental InsuranceDental Insurance1034605 5,000 METRO ELEVATOR INCContract Svcs - Elevator City Center - CAM304588 4,984 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store304386 4,893 PRECISION UTILITIESEquipment Repair & Maint Water Distribution304246 4,891 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie Village Liquor Store304521 4,826 MACQUEEN EQUIPMENT INCSmall ToolsFleet Operating304315 4,800 ADVANCED ELEMENTS OPERATIONAL TECHNOLOGY SoftwareUtility Operations - General304459 4,799 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie View Liquor Store304103 4,756 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie Village Liquor Store304642 4,733 CENTER FOR ENERGY AND ENVIRONMENTRebatesSustainable Eden Prairie1034644 4,718 WSB & ASSOCIATES INCDesign & Engineering Historical Culture304473 4,692 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store304617 4,661 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie View Liquor Store304148 4,660 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie View Liquor Store304357 4,618 HAMMER COMMUNITY SOLAR LLCElectricFacilities Operating ISF304641 4,600 CASTRO CLEANING LLCJanitor ServiceUtility Operations - General9924 4,595 HEALTHPARTNERSDental InsuranceDental Insurance304308 4,589 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie View Liquor Store304360 4,556 HINTERLAND CSG LLCElectricFacilities Operating ISF304240 4,531 MADISON NATIONAL LIFE INSURANCE CO INCDisability Ins Employers Health and Benefits304299 4,524 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie View Liquor Store304719 4,473 WATERFRONT RESTORATION LLCOther Contracted Services Stormwater Non-Capital304358 4,468 HEALTHPARTNERSWages and Benefits494 Corridor Commission304636 4,450 ARX PERIMETERSConference/TrainingFencing Consortium304137 4,325 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie View Liquor Store304372 4,320 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues WithheldHealth and Benefits304409 4,278 WM CORPORATE SERVICES INCWaste DisposalFire Station #39969 4,251 WEXFSA - Dependent Care Health and Benefits304667 4,226 GYM WORKSEquipment Repair & Maint Fitness Center304162 4,206 BRY-AIR INCBuilding Repair & Maint. Utility Operations - General304395 4,191 SSI KEF SLB LLCElectricWater Treatment9940 4,103 HEALTHPARTNERSDental InsuranceDental Insurance304309 4,085 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store304604 4,076 MAVERICK WINE LLCLiquor Product Received Den Road Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments1034660 4,043 METRO SALES INCORPORATED*Equipment RentalsIT Operating1034652 4,021 ETHANOL PRODUCTS LLCLaboratory ChemicalsWater Treatment304392 3,954 SOBANIA COMMUNITY SOLARElectricFacilities Operating ISF1034757 3,914 SENIOR COMMUNITY SERVICESOther Contracted Services CDBG - Public Service1034637 3,890 PLEHAL BLACKTOPPING INCOther Contracted Services Rehab304697 3,870 RADTKE NORMANAccounts ReceivableTIF-Eden Shores Senior Housing304405 3,850 TOP LINE FENCE LLCContract Svcs - General Bldg Fire Station #3304684 3,800 MESSERLI & KRAMERMesserli & Kramer494 Corridor Commission304451 3,789 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Den Road Liquor Store304556 3,674 THE ADVENT GROUPTemp494 Corridor Commission304371 3,646 KREMER SERVICES LLCEquipment Repair & Maint Fleet Operating304541 3,616 PROPOther Contracted Services CDBG - Public Service304257 3,603 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie Village Liquor Store304626 3,599 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie View Liquor Store304676 3,595 JET BLACKOther Contracted Services Rehab304517 3,564 ISGOther Contracted Services Park Acquisition 304157 3,540 AXON ENTERPRISE INCTraining SuppliesPolice Sworn304190 3,525 IMPACT PROVEN SOLUTIONSOther Contracted Services Wastewater Accounting304544 3,504 RIVERS EDGE CONCRETEAsphalt OverlayStreet Maintenance304118 3,475 HOHENSTEINS INCLiquor Product Received Den Road Liquor Store304460 3,451 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie View Liquor Store304265 3,398 ARTISAN BEER COMPANYLiquor Product Received Den Road Liquor Store304591 3,382 ARTISAN BEER COMPANYLiquor Product Received Den Road Liquor Store304572 3,328 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie Village Liquor Store304718 3,297 VAN PAPER COMPANYCleaning SuppliesCity Center - CAM304272 3,293 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Den Road Liquor Store304136 3,267 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie View Liquor Store304237 3,210 WAYNES HOME SERVICESWindow WashingVarious Funds304298 3,204 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie View Liquor Store304616 3,159 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie View Liquor Store304370 3,148 KOENIG TROYDepositsGeneral Fund1034658 3,138 LANDS END CORPORATE SALESClothing & UniformsPolice Sworn304692 3,131 NORTHSTAR MUDJACKING & MORE LLCMudjacking CurbsCapital Maint. & Reinvestment1034760 3,128 STAR TRIBUNE MEDIA COMPANY LLCDues & SubscriptionsCommunications304204 3,125 MOVEFWD INCOther Contracted Services Housing and Community Service304417 3,077 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie Village Liquor Store304596 3,001 CAPITOL BEVERAGE SALES LPLiquor Product Received Den Road Liquor Store304170 3,000 CLEARPOINT STRATEGYDues & SubscriptionsCity Council304383 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNTPostageCustomer Service304410 3,000 YMCA OF THE NORTHOther Contracted Services Housing and Community Service1034759 3,000 ST CROIX ENVIRONMENTAL INCOCS-Well Field Mgmt Water Supply (Wells)304601 2,979 HOHENSTEINS INCLiquor Product Received Den Road Liquor Store304319 2,975 AMAZING ATHLETES OF CENTRAL MNInstructor ServiceRecreational Sports304568 2,961 XIGENT SOLUTIONS LLCHardware - R&MIT Capital304248 2,928 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie Village Liquor Store304656 2,920 DOUG HUBBARD CONSTRUCTION INCOther Contracted Services Rehab304259 2,910 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store304613 2,896 ARTISAN BEER COMPANYLiquor Product Received Prairie View Liquor Store304215 2,854 RAINBOW TREECAREOther Contracted Services Tree Disease304513 2,801 HANSON SPORTS LLCInstructor ServiceRecreational Sports304349 2,776 FARNSWORTH INCReimburse-legal notices General Fund304673 2,760 HOPE HAVEN INCOperating SuppliesSnow & Ice Control304094 2,668 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie Village Liquor Store1034601 2,666 GRAINGERRepair & Maint. Supplies City Center - CAM304537 2,656 PRESCRIPTION LANDSCAPELandscape Materials/Supp Street Maintenance304109 2,655 ARTISAN BEER COMPANYLiquor Product Received Den Road Liquor Store304316 2,654 ADVANTAGE PROPERTY MAINTENANCE INCOther Contracted Services Street Maintenance1034603 2,646 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment1034659 2,626 MENARDSSupplies - General Bldg Street Maintenance304093 2,625 BREAKTHRU BEVERAGE MN BEER LLCLiquor Product Received Prairie Village Liquor Store304668 2,622 HANSON SPORTS LLCInstructor ServiceRecreational Sports304095 2,616 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie Village Liquor Store304402 2,586 THE ADVENT GROUPTemp494 Corridor Commission304586 2,581 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie Village Liquor Store1034678 2,514 WINE COMPANY, THELiquor Product Received Den Road Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments304217 2,500 RELATE COUNSELING CENTEROther Contracted Services Housing and Community Service304365 2,490 I-STATE TRUCK CENTEREquipment Repair & Maint Fleet Operating1034608 2,473 PRAIRIE ELECTRIC COMPANYEquipment Repair & Maint Water Treatment1034600 2,460 GENUINE PARTS COMPANYRepair & Maint. Supplies Fleet Operating304546 2,418 SCOTT COUNTYAutosFleet - Police304189 2,406 HYDRO-VAC INCOther Contracted Services Wasterwater Collection1034594 2,402 SUMMIT COMPANIESContract Svcs - Fire/Life/Safe Fire Station #1304436 2,390 ARTISAN BEER COMPANYLiquor Product Received Den Road Liquor Store304345 2,381 EDINA/EDEN PRAIRIE EXPLORERSFire Prev Supp-Pub Ed/PR Fire304506 2,346 EDEN PRAIRIE COMMUNITY EDUCATIONBuilding RentalCommunity Band1034745 2,339 BOYER TRUCKSEquipment PartsFleet Operating1034654 2,333 GRAINGERRepair & Maint. Supplies Utility Operations - General304573 2,312 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie Village Liquor Store304518 2,307 KOMPAN INCRepair & Maint. Supplies Park Maintenance304273 2,297 CAPITOL BEVERAGE SALES LPLiquor Product Received Den Road Liquor Store304563 2,265 VAN PAPER COMPANYCleaning SuppliesCity Center - CAM304243 2,247 ARTISAN BEER COMPANYLiquor Product Received Prairie Village Liquor Store304225 2,241 STANDARD SIDEWALK INC.Improvement Contracts Capital Maint. & Reinvestment304278 2,218 HOHENSTEINS INCLiquor Product Received Den Road Liquor Store304230 2,162 THE ADVENT GROUPTemp494 Corridor Commission304713 2,162 THE ADVENT GROUPTemp494 Corridor Commission304276 2,161 GREAT LAKES COCA-COLA DISTRIBUTIONLiquor Product Received Den Road Liquor Store304688 2,156 MINNESOTA TROPHIES & GIFTSOperating SuppliesPolice Sworn304320 2,120 ANCOM COMMUNICATIONS INCOther AssetsPublic Safety Communications304352 2,100 GILES OUTDOOR SERVICES LLCAsphalt OverlayPark Maintenance304428 2,096 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie Village Liquor Store1034763 2,085 WALL TRENDS INCContract Svcs - General Bldg Fire304526 2,047 MEDICINE LAKE TOURSSpecial Event FeesTrips304528 2,040 MHSRC/RANGETuition Reimbursement/School Police Sworn1034595 2,032 WSB & ASSOCIATES INCDesign & Engineering DELL RD (CRESTWOOD TO CSAH 61)304520 2,025 LEAST SERVICES COUNSELINGOther Contracted Services Police Sworn304141 2,017 HOHENSTEINS INCLiquor Product Received Prairie View Liquor Store304168 2,000 CITY OF SAINT PAULTuition Reimbursement/School Police Sworn304191 2,000 INNOVATIVE GRAPHICSClothing & UniformsPolice Sworn304221 2,000 SHIRAZI ELHAMConference/Prof. Dev. 494 Corridor Commission1034577 1,995 HACH COMPANYLaboratory ChemicalsWater Treatment304575 1,976 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie Village Liquor Store1034721 1,974 VARITECH INDUSTRIES INCEquipment PartsFleet Operating1034766 1,945 ZIEGLER INCEquipment Repair & Maint Fleet Operating304209 1,936 PERAWages and Benefits494 Corridor Commission304535 1,936 PERAWages and Benefits494 Corridor Commission304155 1,935 ARVIGFiber Lease PaymentsIT Operating304702 1,935 SAVATREEOther Contracted Services Reforestation304562 1,934 VACKER INCSignsTree Replacement Fund304124 1,930 PAUSTIS & SONS COMPANYLiquor Product Received Den Road Liquor Store1034636 1,914 OUTDOOR ENVIRONMENTS INCOther Contracted Services Eden Prairie Cemetery304456 1,905 ARTISAN BEER COMPANYLiquor Product Received Prairie View Liquor Store1034661 1,900 MINNESOTA ROADWAYS COOther Contracted Services Capital Maint. & Reinvestment304590 1,890 WINE MERCHANTS INCLiquor Product Received Prairie Village Liquor Store304674 1,890 INTERNATIONAL UNION OF OPERATINGUnion Dues WithheldHealth and Benefits304098 1,887 HOHENSTEINS INCLiquor Product Received Prairie Village Liquor Store304499 1,880 CORE & MAINRepair & Maint. Supplies Water Distribution304206 1,875 ONWARD EDEN PRAIRIEOther Contracted Services Housing and Community Service304108 1,871 WINEBOWLiquor Product Received Prairie Village Liquor Store304165 1,848 CERTAPRO PAINTERS SW METROOutside Water SalesWater Enterprise Fund304187 1,831 HOMELINEOther Contracted Services Housing and Community Service1034693 1,826 MINNESOTA CLAY CO. USAOperating SuppliesArts Center304638 1,818 CAMFIL USA INCBuilding Repair & Maint. Utility Operations - General1034598 1,807 CENTERPOINT ENERGYGasVarious Funds1034675 1,785 VINOCOPIALiquor Product Received Den Road Liquor Store304226 1,780 STANTEC CONSULTING SERVICES INCOther Contracted Services Stormwater Non-Capital304413 1,774 ARTISAN BEER COMPANYLiquor Product Received Prairie Village Liquor Store304381 1,763 NORTH PINE AGGREGATE, INCGravelStormwater Collection304472 1,756 PHILLIPS WINE AND SPIRITS INCLiquor Product Received Prairie View Liquor Store304704 1,744 SHERMCO INDUSTRIES INCEquipment Repair & Maint Water Treatment
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments304294 1,738 ARTISAN BEER COMPANYLiquor Product Received Prairie View Liquor Store1034564 1,723 WINE COMPANY, THELiquor Product Received Den Road Liquor Store1034587 1,694 PARKER, WARDTravel ExpenseFire1034559 1,686 WINE COMPANY, THELiquor Product Received Prairie Village Liquor Store304394 1,681 SSI KEF SLB LLCElectricMaintenance Facility304331 1,675 CENTURYLINKTelephoneIT Operating304216 1,664 RECREATION SUPPLY COCapital Under $25,000 Pool Operations1034710 1,662 HORIZON COMMERCIAL POOL SUPPLYSupplies - PoolPool Maintenance304610 1,659 WINE MERCHANTS INCLiquor Product Received Den Road Liquor Store304630 1,658 WINE MERCHANTS INCLiquor Product Received Prairie View Liquor Store304376 1,648 MARTIN MARIETTA MATERIALSPatching AsphaltStreet Maintenance304388 1,646 RIVERS EDGE CONCRETEAsphalt OverlayStreet Maintenance1034613 1,623 STREICHERSClothing & UniformsPolice Sworn1034747 1,619 CDW GOVERNMENT INC.Computer -Accessories IT Operating1034707 1,575 FORCE AMERICAEquipment PartsSnow & Ice Control304716 1,572 TWIN CITIES DOTS AND POP LLCMerchandise for Resale Concessions304503 1,549 DELI DOUBLESpecial Event FeesSenior Center Programs304653 1,533 CRYSTAL, CITY OFConference/TrainingFencing Consortium304682 1,529 MARTIN MARIETTA MATERIALSRepair & Maint. Supplies Street Maintenance1034692 1,524 LYNDALE PLANT SERVICESContract Svcs - Int. Landscape City Hall (City Cost)304179 1,512 FIRE SAFETY USA INCEquipment Repair & Maint Fleet Operating304525 1,500 MARTIN-MCALLISTEREmployment Advertising Organizational Services304717 1,500 UNITED WATER & SEWER COMPANYDepositsGeneral Fund9962 1,497 FIDELITY SECURITY LIFE INSURANCE COVision PlanHealth and Benefits1034672 1,496 VINOCOPIALiquor Product Received Prairie Village Liquor Store304422 1,487 HOHENSTEINS INCLiquor Product Received Prairie Village Liquor Store304532 1,486 NEMEC LANDSCAPINGOther Contracted Services Rehab304301 1,477 HOHENSTEINS INCLiquor Product Received Prairie View Liquor Store1034758 1,438 SPS COMPANIESSupplies - PlumbingMaintenance Facility1034657 1,438 IDENTISYSOther Contracted Services Facilities Staff304579 1,422 HOHENSTEINS INCLiquor Product Received Prairie Village Liquor Store304411 1,390 YORKTOWN OFFICESRent494 Corridor Commission304419 1,382 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie Village Liquor Store304663 1,367 ERICKSON ENGINEERING COMPANY LLCDesign & Engineering Engineering304385 1,350 PRECISE MRM LLCOther Contracted Services Snow & Ice Control1034558 1,347 BELLBOY CORPORATIONLiquor Product Received Prairie Village Liquor Store304545 1,331 SAFEASSURE CONSULTANTS INCConference/TrainingFacilities Staff304150 1,322 WINE MERCHANTS INCLiquor Product Received Prairie View Liquor Store1034662 1,310 MTI DISTRIBUTING INCEquipment PartsFleet Operating1034649 1,298 DAIKIN APPLIEDContract Svcs - HVAC City Center - CAM304101 1,288 PAUSTIS & SONS COMPANYLiquor Product Received Prairie Village Liquor Store1034691 1,278 KORAS, JORDANTuition Reimbursement/School Police Sworn9951 1,276 WEXFSA - MedicalHealth and Benefits304247 1,274 BREAKTHRU BEVERAGE MN WINE & SPIRITSLiquor Product Received Prairie Village Liquor Store304449 1,251 PAUSTIS & SONS COMPANYLiquor Product Received Den Road Liquor Store304461 1,236 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie View Liquor Store304284 1,212 PAUSTIS & SONS COMPANYLiquor Product Received Den Road Liquor Store9965 1,200 WEXHSA - EmployerHealth and Benefits304161 1,193 BROTHERS FIRE PROTECTIONContract Svcs - Fire/Life/Safe City Center - CAM304115 1,191 CLEAR RIVER BEVERAGE COLiquor Product Received Den Road Liquor Store304672 1,188 HOME DEPOT CREDIT SERVICESSupplies - General Bldg Park Shelters1034702 1,184 BARR ENGINEERING COMPANYOCS - MonitoringStormwater Non-Capital1034680 1,169 VINOCOPIALiquor Product Received Prairie View Liquor Store304694 1,165 PETERSON COUNSELING AND CONSULTINGHealth & FitnessFire1034591 1,161 SITEONE LANDSCAPE SUPPLY, LLCAsphalt OverlayEden Prairie Cemetery1034562 1,153 BELLBOY CORPORATIONLiquor Product Received Den Road Liquor Store304347 1,144 EULL'S MANUFACTURING CO INCAsphalt OverlayStormwater Collection304180 1,136 GERTENSLandscape Materials/Supp Reforestation304465 1,127 HOHENSTEINS INCLiquor Product Received Prairie View Liquor Store304342 1,125 DIETHELM, TAMMY LOther Contracted Services Eden Prairie Cemetery304524 1,119 MARTIN MARIETTA MATERIALSAsphalt OverlayWater Distribution304235 1,116 VAN PAPER COMPANYCleaning SuppliesPark Shelters304555 1,115 SYSCO WESTERN MINNESOTAMerchandise for Resale Concessions1034687 1,114 GOPHER STATE ONE-CALLOCS - Utility LocatesWater Distribution304699 1,113 RIVERS EDGE CONCRETEAsphalt OverlayWater Distribution
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments1034589 1,099 R & R SPECIALTIES OF WISCONSIN INCContract Svcs - Ice Rink Ice Arena Maintenance304107 1,096 WINE MERCHANTS INCLiquor Product Received Prairie Village Liquor Store304539 1,092 PROPOther Contracted Services CDBG - Public Service1034648 1,088 CDW GOVERNMENT INC.ComputersIT Operating304129 1,087 SUMMER LAKES BEVERAGE LLCLiquor Product Received Den Road Liquor Store304132 1,064 ARTISAN BEER COMPANYLiquor Product Received Prairie View Liquor Store1034744 1,063 ASPEN EQUIPMENT CO.Equipment PartsFleet Operating304199 1,058 MARTIN MARIETTA MATERIALSAsphalt OverlayStreet Maintenance304364 1,050 INNOVATIVE GRAPHICSClothing & UniformsPolice Sworn1034676 1,047 BELLBOY CORPORATIONLiquor Product Received Den Road Liquor Store304198 1,042 MARCO INCHardware - R&MIT Operating304661 1,025 EDEN PRAIRIE SCHEELSClothing & UniformsFacilities Staff304186 1,024 HLS OUTDOORLandscape Materials/Supp Park Maintenance1034590 1,021 ROSE, ALECIATravel ExpenseHuman Resources1034717 1,006 SHERWIN WILLIAMSOperating SuppliesWater Treatment304256 1,002 PAUSTIS & SONS COMPANYLiquor Product Received Prairie Village Liquor Store304671 1,000 HENNEPIN TECHNICAL COLLEGETrainingFire304250 997 HOHENSTEINS INCLiquor Product Received Prairie Village Liquor Store304317 995 AIRGAS USA LLCSupplies - PoolPool Maintenance1034751 986 GRAINGERRepair & Maint. Supplies Fitness/Conference - Cmty Ctr1034568 984 WINE COMPANY, THELiquor Product Received Prairie View Liquor Store1034764 981 WM MUELLER AND SONS INCLandscape Materials/Supp Flying Cloud Fields304605 979 PAUSTIS & SONS COMPANYLiquor Product Received Den Road Liquor Store304125 971 PEQUOD DISTRIBUTIONLiquor Product Received Den Road Liquor Store304549 971 SNAP-ON TOOLSSoftwareFleet Operating1034666 964 STREICHERSClothing & UniformsPolice Sworn1034617 956 BELLBOY CORPORATIONLiquor Product Received Prairie Village Liquor Store304407 951 VAN PAPER COMPANYCleaning SuppliesGeneral Community Center304176 946 DODGE OF BURNSVILLEEquipment PartsFleet Operating304426 943 PAUSTIS & SONS COMPANYLiquor Product Received Prairie Village Liquor Store1034708 941 GRAINGERCleaning SuppliesFire Station #4304536 926 PITNEY BOWESPostageCustomer Service9955 909 WEXOther Contracted Services Health and Benefits304445 908 HOHENSTEINS INCLiquor Product Received Den Road Liquor Store304348 900 F I R ETrainingFire304654 900 CT RYAN PHOTOGRAPHYVideo & Photo Supplies Communications304229 899 SYSCO WESTERN MINNESOTAOther RentalsConcessions304442 897 CLEAR RIVER BEVERAGE COLiquor Product Received Den Road Liquor Store9973 895 US BANK - CREDIT CARD MERCHANT ONLYBank and Service Charges Inspections-Administration9967 890 WEXFSA - MedicalHealth and Benefits1034607 880 MTI DISTRIBUTING INCEquipment PartsFleet Operating1034686 878 FASTENAL COMPANYSafety SuppliesFleet Operating304338 878 COREMARK METALSOperating SuppliesSnow & Ice Control304307 878 PAUSTIS & SONS COMPANYLiquor Product Received Prairie View Liquor Store304274 874 CLEAR RIVER BEVERAGE COLiquor Product Received Den Road Liquor Store304117 864 FAT PANTS BREWING CO LLCLiquor Product Received Den Road Liquor Store304686 860 MINNESOTA DEPARTMENT OF EMPLOYMENTUnemployment Compensation Organizational Services304091 860 ARTISAN BEER COMPANYLiquor Product Received Prairie Village Liquor Store304485 854 BECKER ARENA PRODUCTS INCRepair & Maint - Ice Rink Ice Arena Maintenance304514 852 HENNEPIN COUNTY I/T DEPTEquipment Repair & Maint Public Safety Communications1034681 850 BELLBOY CORPORATIONLiquor Product Received Prairie View Liquor Store304494 841 CINTAS CORPORATIONSafety SuppliesCommunity Center Admin304665 840 FLYING CLOUD TRANSFER STATION 4553Waste DisposalPark Maintenance304625 840 PAUSTIS & SONS COMPANYLiquor Product Received Prairie View Liquor Store304670 840 HENNEPIN HEALTHCARETuition Reimbursement/School Volunteers304621 837 GREAT LAKES COCA-COLA DISTRIBUTIONLiquor Product Received Prairie View Liquor Store304195 833 LEXISNEXIS RISK SOLUTIONS FL INCOther Contracted Services Police Sworn304470 827 PAUSTIS & SONS COMPANYLiquor Product Received Prairie View Liquor Store9919 825 ULTIMATE SOFTWARE GROUP, THEGarnishment Withheld Health and Benefits9934 825 ULTIMATE SOFTWARE GROUP, THEGarnishment Withheld Health and Benefits304502 824 DELEGARD TOOL COSmall ToolsFleet Operating304130 822 WINE MERCHANTS INCLiquor Product Received Den Road Liquor Store1034682 820 WINE COMPANY, THELiquor Product Received Prairie View Liquor Store304374 812 MACQUEEN EQUIPMENT INCEquipment PartsFleet Operating304703 811 SCHLOMKA SERVICES LLCBuilding Repair & Maint. Maintenance Facility
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments304450 809 PEQUOD DISTRIBUTIONLiquor Product Received Den Road Liquor Store304693 808 PAFFY'S PEST CONTROLContract Svcs - Pest Control Fire Station #4304249 798 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie Village Liquor Store304146 794 PAUSTIS & SONS COMPANYLiquor Product Received Prairie View Liquor Store1034578 792 HIGGINS, RYANOperating SuppliesIT Operating304275 789 DOMACE VINOLiquor Product Received Den Road Liquor Store304408 781 WERNER SHARONOther Contracted Services Rehab304290 767 WINE MERCHANTS INCLiquor Product Received Den Road Liquor Store1034622 759 BELLBOY CORPORATIONLiquor Product Received Prairie View Liquor Store304478 755 AIRGAS USA LLCEMS Supplies-Oxygen Supplies Fire304239 754 WINSUPPLY EDEN PRAIRIE MN COCapital Under $25,000 Water Enterprise Fund304202 739 MN DEPT OF TRANSPORTATIONTesting2020 Improvement Projects304607 735 PRYES BREWING COMPANYLiquor Product Received Den Road Liquor Store1034606 728 METRO SALES INCORPORATED*Equipment RentalsIT Operating1034655 721 H M CRAGG COContract Svcs - Electrical General Community Center304566 717 WATER CONSERVATION SERVICES INCOCS - Leak DetectionWater Distribution304286 716 PRYES BREWING COMPANYLiquor Product Received Den Road Liquor Store304583 711 MAVERICK WINE LLCLiquor Product Received Prairie Village Liquor Store304208 700 PEI WEI ASIAN DINER LLCBeer/Wine LicensesPolice Civilian304598 689 CLEAR RIVER BEVERAGE COLiquor Product Received Den Road Liquor Store1034730 687 CLAREY'S SAFETY EQUIPMENTRepair & Maint. Supplies Fire304547 686 SEBCO INCOther Contracted Services Facilities Capital304538 672 PRINCIPAL FINANCIAL GROUPWages and Benefits494 Corridor Commission1034620 667 BELLBOY CORPORATIONLiquor Product Received Den Road Liquor Store304433 663 UNMAPPED BREWING COLiquor Product Received Prairie Village Liquor Store1034567 654 BELLBOY CORPORATIONLiquor Product Received Prairie View Liquor Store304655 654 CUMMINS SALES AND SERVICEEquipment PartsFleet Operating304501 650 D H EXCAVATINGOther Contracted Services Eden Prairie Cemetery304282 649 MEGA BEERLiquor Product Received Den Road Liquor Store304700 640 SAFELITE FULFILLMENT INCEquipment Repair & Maint Fleet Operating304551 638 STAPLES ADVANTAGEOffice SuppliesCustomer Service304483 636 ASTLEFORD EQUIPMENT COMPANY INCEquipment PartsFleet Operating1034625 634 BOHLSEN TRACIEConference/TrainingFire1034614 627 WM MUELLER AND SONS INCPatching AsphaltStreet Maintenance1034670 614 WM MUELLER AND SONS INCPatching AsphaltFranlo Park9929 605 MINNESOTA DEPT OF REVENUEMotor FuelsFleet Operating1034602 603 IDEAL SERVICE INCEquipment Repair & Maint Water Supply (Wells)1034645 598 AMERICAN TIME & SIGNAL COSupplies - General Bldg General Community Center304711 597 SUBURBAN CHEVROLETEquipment PartsFleet Operating304469 593 MODIST BREWING COMPANYLiquor Product Received Prairie View Liquor Store1034619 593 VINOCOPIALiquor Product Received Den Road Liquor Store1034572 584 CARLSTON, BRANDONClothing & UniformsPolice Sworn1034703 580 BIFFS INCOther Contracted Services Fall Harvest1034727 578 BELLBOY CORPORATIONLiquor Product Received Den Road Liquor Store304269 566 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Den Road Liquor Store1034596 564 ASPEN WASTE SYSTEMS INC.Waste DisposalUtility Operations - General1034633 564 KRISS PREMIUM PRODUCTS INCRepair & Maint - Ice Rink Ice Arena Maintenance1034571 561 BODENNER ZACHARYConference/TrainingIT Operating304634 560 AMAZING ATHLETES OF CENTRAL MNInstructor ServiceRecreational Sports304139 558 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie View Liquor Store304200 557 MASTER CRAFT LABELS INCFire Prev Supp-Pub Ed/PR Fire1034673 552 WINE COMPANY, THELiquor Product Received Prairie Village Liquor Store1034604 552 MENARDSOperating SuppliesFleet Operating304484 552 BAUER PETERAccounts ReceivableTIF-Eden Shores Senior Housing304361 550 HLS OUTDOORChemicalsPark Maintenance304529 548 MILLS AFTERMARKET ACCESSORIES INCAutosFleet - Public Works304677 537 JSW EMBROIDERY & TACKLE TWILLDepositsAssessing1034753 535 MENARDSOperating SuppliesPark Maintenance1034712 532 MENARDSOperating SuppliesStreet Maintenance304418 530 CAPITOL BEVERAGE SALES LPLiquor Product Received Prairie Village Liquor Store1034698 526 THE OASIS GROUPEmployee AssistanceOrganizational Services304466 525 INSIGHT BREWING COMPANY LLCLiquor Product Received Prairie View Liquor Store304622 523 HOHENSTEINS INCLiquor Product Received Prairie View Liquor Store304578 518 FAT PANTS BREWING CO LLCLiquor Product Received Prairie Village Liquor Store304477 518 WINEBOWLiquor Product Received Prairie View Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments304643 515 CENTURYLINKTelephoneWater Distribution304714 505 THE JAMAR COMPANYContract Svcs - General Bldg City Center - CAM304647 500 CITY OF SAINT PAULTuition Reimbursement/School Police Sworn304534 498 PAFFY'S PEST CONTROLContract Svcs - Pest Control City Center - CAM1034736 486 JOHNSON, TROYOperating SuppliesIT Operating304527 485 METERING & TECHNOLOGY SOLUTIONSCapital Under $25,000 Water Enterprise Fund304707 485 SOLUTION BUILDERSComputers494 Corridor Commission304492 484 CENTURYLINKTelephoneIT Operating304406 479 TWIN CITIES & WESTERN RAILROAD COMPANY Licenses, Taxes, FeesUtility Operations - General304632 477 AIRGAS USA LLCSupplies - PoolPool Maintenance1034557 477 VINOCOPIALiquor Product Received Prairie Village Liquor Store304585 466 PAUSTIS & SONS COMPANYLiquor Product Received Prairie Village Liquor Store304400 465 SUBURBAN CHEVROLETEquipment PartsFleet Operating304689 463 MINNESOTA VALLEY ELECTRIC COOPERATIVE ElectricTraffic Signals304300 463 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie View Liquor Store304454 457 STEEL TOE BREWING LLCLiquor Product Received Den Road Liquor Store304254 453 MEGA BEERLiquor Product Received Prairie Village Liquor Store304183 452 GREAT LAKES COCA-COLA DISTRIBUTIONMerchandise for Resale Concessions304152 448 PETTY CASH-POLICE DEPTCanine SuppliesPolice Sworn304281 447 MAVERICK WINE LLCLiquor Product Received Den Road Liquor Store304329 442 BUILDING CONTROLS & SOLUTIONSSupplies - HVACFire Station #1304253 439 MAVERICK WINE LLCLiquor Product Received Prairie Village Liquor Store1034597 439 BOYER TRUCKSEquipment PartsFleet Operating304318 432 AK ATHLETIC EQUIPMENT INCTraining SuppliesPolice Sworn304156 431 ASPEN MILLSClothing & UniformsFire304455 424 WINE MERCHANTS INCLiquor Product Received Den Road Liquor Store1034610 424 SHERWIN WILLIAMS CODesign & Engineering Economic Development Fund304444 423 DOMACE VINOLiquor Product Received Den Road Liquor Store304227 422 STAPLES ADVANTAGEOffice SuppliesUtility Operations - General1034566 422 VINOCOPIALiquor Product Received Prairie View Liquor Store304471 420 PEQUOD DISTRIBUTIONLiquor Product Received Prairie View Liquor Store9959 411 WEXFSA - MedicalHealth and Benefits304543 405 REGENTS OF THE UNIVERSITY OF MINNESOTAOther Contracted Services Tree Disease9952 400 BPASHRAHealth and Benefits304174 400 DENN TRICIAOther Contracted Services Fall Harvest304443 400 DANGEROUS MAN BREWING CO LLCLiquor Product Received Den Road Liquor Store304640 400 CASTREJON INCORPORATEDImprovement Contracts Transportation Fund304489 397 BOUND TREE MEDICAL LLCEMS SuppliesFire304261 395 WINE MERCHANTS INCLiquor Product Received Prairie Village Liquor Store304624 395 MAVERICK WINE LLCLiquor Product Received Prairie View Liquor Store304664 391 FIRE SAFETY USA INCEquipment PartsFleet Operating304232 390 TIMESAVER OFF SITE SECRETARIAL INCOther Contracted Services City Council304343 389 EDEN PRAIRIE CENTER LLCBuilding RentalCDBG - Public Service304681 387 MACQUEEN EQUIPMENT INCProtective ClothingFire304533 386 OXYGEN SERVICE COMPANYEMS Supplies-Oxygen Supplies Fire1034593 382 STRAIN SARAHTravel ExpensePlanning1034694 380 MINNESOTA NATIVE LANDSCAPESOther Contracted Services Stormwater Non-Capital1034653 377 GRAFIX SHOPPEEquipment PartsFleet Operating304116 375 DANGEROUS MAN BREWING CO LLCLiquor Product Received Den Road Liquor Store304166 375 CHARGEPOINTContract Svcs - Electrical City Center - CAM304505 375 DIETHELM, TAMMY LOther Contracted Services Pleasant Hill Cemetery1034688 370 GREATAMERICA FINANCIAL SVCSPostageCustomer Service1034722 369 WM MUELLER AND SONS INCLandscape Materials/Supp Park Maintenance304631 365 WINEBOWLiquor Product Received Prairie View Liquor Store1034749 362 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOCUnion Dues WithheldHealth and Benefits304611 361 WINEBOWLiquor Product Received Den Road Liquor Store304446 356 INSIGHT BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store304279 354 INSIGHT BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store304102 352 PEQUOD DISTRIBUTIONLiquor Product Received Prairie Village Liquor Store304321 346 ANDERSON LAKES ANIMAL HOSPITALOther Contracted Services Police Sworn304710 346 STAPLES ADVANTAGEOffice SuppliesCustomer Service304214 342 PROPIO LS LLCOther Contracted Services Police Sworn304322 341 ARAMARKJanitor ServiceDen Road Liquor Store304389 340 SAWALL, CASEYOperating SuppliesVolleyball304696 340 PROP - PRCharitable Contributions Health and Benefits
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments304373 339 LAWN RANGER, INC, THEOther Contracted Services Park Maintenance304306 338 MEGA BEERLiquor Product Received Prairie View Liquor Store1034685 337 CUSTOM HOSE TECHEquipment PartsFleet Operating304267 335 BERGMAN LEDGE LLCLiquor Product Received Den Road Liquor Store304476 335 WINE MERCHANTS INCLiquor Product Received Prairie View Liquor Store304163 335 BUSINESS ESSENTIALSOffice SuppliesUtility Operations - General304366 333 ITEDues & SubscriptionsEngineering1034579 333 JOHNSTON, ROBConference/TrainingPolice Sworn304421 330 DOMACE VINOLiquor Product Received Prairie Village Liquor Store304482 328 ASPEN MILLSPostageFire304396 325 ST CROIX LINEN LLCOperating Supplies-Linens Fire304709 325 ST CROIX LINEN LLCOperating Supplies-Linens Fire1034742 322 STAAF, CARTERTuition Reimbursement/School Police Sworn304523 322 MARCO INCTelephoneIT Operating304100 319 LUPULIN BREWING COMPANYLiquor Product Received Prairie Village Liquor Store304652 318 COREMARK METALSEquipment Repair & Maint Street Maintenance304266 318 BARREL THEORY BEER COMPANYLiquor Product Received Den Road Liquor Store304218 318 REMMES NICHOLASConference/TrainingAquatics Admin.304509 317 FOUNDATION BUSINESS SYSTEMS, LLCOther Contracted Services Stormwater Non-Capital304574 317 BUCHLiquor Product Received Prairie Village Liquor Store304618 317 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie View Liquor Store304427 314 PEQUOD DISTRIBUTIONLiquor Product Received Prairie Village Liquor Store304092 308 BLACK STACK BREWING INCLiquor Product Received Prairie Village Liquor Store304111 308 BLACK STACK BREWING INCLiquor Product Received Den Road Liquor Store1034716 308 PREMIUM WATERS INCOperating Supplies - Water Fire304463 306 DOMACE VINOLiquor Product Received Prairie View Liquor Store304304 300 LUCE LINE BREWING CO LLCLiquor Product Received Prairie View Liquor Store304542 300 RABBIT RESCUE OF MNOther Contracted Services Specialty Fitness Programs304557 300 THUNDER BEAR PAINTING LLCContract Svcs - General Bldg Building 51304181 299 GIRARD'S BUSINESS SOLUTIONS INCOther Contracted Services Wastewater Accounting9960 294 WEXFSA - MedicalHealth and Benefits304363 294 INDIGO SIGNWORKS, INC.PrintingSpecial Events Admin304305 293 MAVERICK WINE LLCLiquor Product Received Prairie View Liquor Store304685 291 MINNESOTA AIR INCSupplies - HVACCity Center - CAM304255 285 MODIST BREWING COMPANYLiquor Product Received Prairie Village Liquor Store304462 285 DANGEROUS MAN BREWING CO LLCLiquor Product Received Prairie View Liquor Store9943 283 US BANK - PAYMODEBank and Service Charges Finance1034582 280 LINDAHL, DAVIDTravel ExpenseEconomic Development304561 279 UNIVERSAL ATHLETIC SERVICES INCAwardsSoftball304425 278 MODIST BREWING COMPANYLiquor Product Received Prairie Village Liquor Store304123 270 MEGA BEERLiquor Product Received Den Road Liquor Store304705 269 SHRED RIGHTWaste DisposalFire Station #1304311 268 WINE MERCHANTS INCLiquor Product Received Prairie View Liquor Store304245 267 BLACK STACK BREWING INCLiquor Product Received Prairie Village Liquor Store304268 267 BLACK STACK BREWING INCLiquor Product Received Den Road Liquor Store304435 267 WINE MERCHANTS INCLiquor Product Received Prairie Village Liquor Store304154 264 ARAMARKJanitor ServicePrairie Village Liquor Store304323 261 ARCPOINT LABS OF EDEN PRAIRIEEmployment Support Test Organizational Services1034725 261 VINOCOPIALiquor Product Received Prairie Village Liquor Store1034630 259 HACH COMPANYLaboratory ChemicalsWater Treatment304620 259 FAT PANTS BREWING CO LLCLiquor Product Received Prairie View Liquor Store304504 256 DELTA DENTALWages and Benefits494 Corridor Commission304292 254 56 BREWING LLCLiquor Product Received Prairie View Liquor Store304593 253 BLACK STACK BREWING INCLiquor Product Received Den Road Liquor Store9939 253 VANCO SERVICESBank and Service Charges Wastewater Accounting1034609 253 RIGID HITCH INCORPORATEDEquipment PartsFleet Operating304608 252 SMALL LOT MNLiquor Product Received Den Road Liquor Store304207 252 PAFFY'S PEST CONTROLContract Svcs - Pest Control City Center - CAM9958 245 WEXFSA - MedicalHealth and Benefits304175 245 DIRECTVCable TVCommunity Center Admin304475 243 UNMAPPED BREWING COLiquor Product Received Prairie View Liquor Store304493 242 CHAPUT HEATHERTuition Reimbursement/School Police Sworn1034632 242 KAPAUN, RYANTuition Reimbursement/School Police Sworn1034639 242 SOPPELAND, LONNIETuition Reimbursement/School Police Sworn1034697 242 STAAF, CARTERTuition Reimbursement/School Police Sworn
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments9925 240 OPTUM HEALTHOther Contracted Services Health and Benefits1034713 238 MITY-LITE INCSupplies - General Bldg Park Shelters304177 237 EDEN PRAIRIE NOON ROTARY CLUBMiscellaneousHousing and Community Service304164 237 CENTURYLINKInternetIT Operating304511 236 GRIMCO MIDWEST LLCOperating SuppliesTraffic Signs304147 235 PEQUOD DISTRIBUTIONLiquor Product Received Prairie View Liquor Store304263 235 56 BREWING LLCLiquor Product Received Den Road Liquor Store304612 234 56 BREWING LLCLiquor Product Received Prairie View Liquor Store304452 232 ROOTSTOCK WINE COMPANYLiquor Product Received Den Road Liquor Store304270 230 BOURGET IMPORTSLiquor Product Received Den Road Liquor Store304289 229 STEEL TOE BREWING LLCLiquor Product Received Den Road Liquor Store304346 227 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment PartsFleet Operating304559 225 TRANSUNION RISK & ALTERNATIVE DATAOther Contracted Services Police Sworn304344 225 EDEN PRAIRIE HIGH SCHOOL BOYS HOCKEYAdvertisingCommunity Center Admin304423 225 INSIGHT BREWING COMPANY LLCLiquor Product Received Prairie Village Liquor Store1034631 225 HIRSHFIELD'SRepair & Maint. Supplies Water Treatment1034741 223 QUALITY PROPANEMotor FuelsIce Arena Maintenance304434 222 VENN BREWING COMPANYLiquor Product Received Prairie Village Liquor Store304291 221 WOODEN HILL BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store1034581 219 KLIMA, JULIEMileage & ParkingCommunity Development Admin.304140 217 DANGEROUS MAN BREWING CO LLCLiquor Product Received Prairie View Liquor Store1034588 217 QUALITY PROPANEMotor FuelsIce Arena Maintenance304649 216 COMCASTPhone/Data/Web494 Corridor Commission304589 215 STEEL TOE BREWING LLCLiquor Product Received Prairie Village Liquor Store304185 215 HENNEPIN COUNTY TREASURERWaste DisposalPark Maintenance304097 214 DANGEROUS MAN BREWING CO LLCLiquor Product Received Prairie Village Liquor Store1034715 213 PRAIRIE ELECTRIC COMPANYRepair & Maint. Supplies Park Maintenance304131 210 WINEBOWLiquor Product Received Den Road Liquor Store304121 207 LIBATION PROJECTLiquor Product Received Den Road Liquor Store304448 207 LUPULIN BREWING COMPANYLiquor Product Received Den Road Liquor Store304577 207 DOMACE VINOLiquor Product Received Prairie Village Liquor Store304145 206 MAVERICK WINE LLCLiquor Product Received Prairie View Liquor Store304238 205 WILSONS NURSERY INCLandscape Materials/Supp Riley Lake1034711 204 MATHESON TRI-GAS INCOperating SuppliesFleet Operating304325 201 BATTERIES PLUS BULBSSupplies - General Bldg Fire Station #1304302 200 INSIGHT BREWING COMPANY LLCLiquor Product Received Prairie View Liquor Store304192 200 INTAB LLCEquipment Repair & Maint Senior Center Programs304582 198 LUPULIN BREWING COMPANYLiquor Product Received Prairie Village Liquor Store1034561 198 VINOCOPIALiquor Product Received Den Road Liquor Store304398 197 STANDARD SPRING PARTSEquipment PartsFleet Operating304627 196 RED BULL DISTRIBUTING COMPANY INCLiquor Product Received Prairie View Liquor Store304480 195 ARAMARKJanitor ServicePrairie View Liquor Store1034726 194 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Den Road Liquor Store304159 192 BIG STATE INDUSTRIAL SUPPLY INCRepair & Maint. Supplies Water Distribution1034573 191 ELLIS, ROBERTMiscellaneousEngineering304171 190 COMCASTInternetIT Operating304570 189 ARTISAN BEER COMPANYLiquor Product Received Prairie Village Liquor Store304277 189 HEADFLYER BREWINGLiquor Product Received Den Road Liquor Store304283 188 MODIST BREWING COMPANYLiquor Product Received Den Road Liquor Store304587 187 PRYES BREWING COMPANYLiquor Product Received Prairie Village Liquor Store1034624 187 BERRY COFFEE COMPANYOperating SuppliesConcessions304553 185 STOFFEL MOLLYImprovement Contracts Stormwater Capital304287 182 RED BULL DISTRIBUTING COMPANY INCLiquor Product Received Den Road Liquor Store304134 182 BLACK STACK BREWING INCLiquor Product Received Prairie View Liquor Store1034643 182 WILSON, TAMMYMileage & ParkingFinance1034626 181 CARLSTON, BRANDONCanine SuppliesPolice Sworn304507 180 EDEN PRAIRIE ROTARY CLUBDues & SubscriptionsAdministration304142 180 INSIGHT BREWING COMPANY LLCLiquor Product Received Prairie View Liquor Store1034621 179 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie View Liquor Store304295 178 BARREL THEORY BEER COMPANYLiquor Product Received Prairie View Liquor Store304350 178 FOUNDATION BUSINESS SYSTEMS, LLCOther Contracted Services Stormwater Non-Capital304119 178 INSIGHT BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store304560 175 TWIN CITY MONUMENT COOther Contracted Services Pleasant Hill Cemetery304096 173 CLEAR RIVER BEVERAGE COLiquor Product Received Prairie Village Liquor Store304600 173 FAT PANTS BREWING CO LLCLiquor Product Received Den Road Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments304474 172 STEEL TOE BREWING LLCLiquor Product Received Prairie View Liquor Store1034650 172 ECM PUBLISHERS INCLegal Notices Publishing City Clerk304262 170 WOODEN HILL BREWING COMPANY LLCLiquor Product Received Prairie Village Liquor Store304144 169 LIBATION PROJECTLiquor Product Received Prairie View Liquor Store304639 169 CAMPBELL JEFFTravel ExpenseUtility Operations - General1034738 169 KILLMER RYANTravel ExpenseUtility Operations - General304296 167 BLACK STACK BREWING INCLiquor Product Received Prairie View Liquor Store304210 165 PILGRIM DRY CLEANERS INCClothing & UniformsPolice Sworn304497 165 COMCASTCable TVFire304576 164 DANGEROUS MAN BREWING CO LLCLiquor Product Received Prairie Village Liquor Store304662 164 EPIC EVENT RENTALOther Contracted Services Wine Club/Events304351 162 GERONSIN ERIKTuition Reimbursement/School Police Sworn304567 162 WAX EMMATuition Reimbursement/School Police Sworn1034627 162 GLYNN JULIETTETuition Reimbursement/School Police Sworn1034640 162 STARKE, TINOTuition Reimbursement/School Police Sworn1034700 162 WILLIAMSON SCOTTTuition Reimbursement/School Police Sworn304242 161 56 BREWING LLCLiquor Product Received Prairie Village Liquor Store1034638 159 QUALITY PROPANEMotor FuelsFleet Operating304244 159 BARREL THEORY BEER COMPANYLiquor Product Received Prairie Village Liquor Store304403 159 TIMESAVER OFF SITE SECRETARIAL INCOther Contracted Services City Council304415 158 BLACK STACK BREWING INCLiquor Product Received Prairie Village Liquor Store304438 158 BLACK STACK BREWING INCLiquor Product Received Den Road Liquor Store304457 158 BLACK STACK BREWING INCLiquor Product Received Prairie View Liquor Store304429 156 RED BULL DISTRIBUTING COMPANY INCLiquor Product Received Prairie Village Liquor Store304602 152 INSIGHT BREWING COMPANY LLCLiquor Product Received Den Road Liquor Store1034733 152 FLEETPRIDE INCEquipment PartsFleet Operating304219 151 RICHFIELD PRINTING INCOffice SuppliesCustomer Service304669 150 HENNEPIN COUNTY TREASURERWaste DisposalPark Maintenance304138 150 CARLOS CREEK WINERYLiquor Product Received Prairie View Liquor Store304580 150 INSIGHT BREWING COMPANY LLCLiquor Product Received Prairie Village Liquor Store304597 150 CARLOS CREEK WINERYLiquor Product Received Den Road Liquor Store1034720 150 USA SECURITYMaintenance Contracts Water Treatment9946 150 WEXFSA - Dependent Care Health and Benefits1034618 149 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Den Road Liquor Store304629 149 STEEL TOE BREWING LLCLiquor Product Received Prairie View Liquor Store304491 149 CAMPBELL KNUTSON, P.A.LegalWAFTA304565 148 WAHLEN, RICKTravel ExpenseUtility Operations - General304584 147 MODIST BREWING COMPANYLiquor Product Received Prairie Village Liquor Store304251 146 INSIGHT BREWING COMPANY LLCLiquor Product Received Prairie Village Liquor Store1034696 145 QUALITY PROPANEMotor FuelsIce Arena Maintenance304196 145 LORENZ, JOYCETravel ExpenseCommunications9945 143 WEXFSA - MedicalHealth and Benefits304110 140 BARREL THEORY BEER COMPANYLiquor Product Received Den Road Liquor Store304133 140 BARREL THEORY BEER COMPANYLiquor Product Received Prairie View Liquor Store304414 140 BARREL THEORY BEER COMPANYLiquor Product Received Prairie Village Liquor Store304437 140 BARREL THEORY BEER COMPANYLiquor Product Received Den Road Liquor Store304571 140 BARREL THEORY BEER COMPANYLiquor Product Received Prairie Village Liquor Store304592 140 BARREL THEORY BEER COMPANYLiquor Product Received Den Road Liquor Store304614 140 BARREL THEORY BEER COMPANYLiquor Product Received Prairie View Liquor Store1034734 139 GREATAMERICA FINANCIAL SVCSPostageCustomer Service1034563 139 NEW FRANCE WINE COMPANYLiquor Product Received Den Road Liquor Store304468 138 LUPULIN BREWING COMPANYLiquor Product Received Prairie View Liquor Store1034560 133 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Den Road Liquor Store304106 132 STEEL TOE BREWING LLCLiquor Product Received Prairie Village Liquor Store1034616 132 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie Village Liquor Store1034728 131 VINOCOPIALiquor Product Received Prairie View Liquor Store304340 130 DELFOSSE MICHAELP&R RefundsCommunity Center Admin1034634 130 LEONARD, MICHELLEOutreach Mileage/Parking 494 Corridor Commission304464 126 HEADFLYER BREWINGLiquor Product Received Prairie View Liquor Store304151 125 WOODEN HILL BREWING COMPANY LLCLiquor Product Received Prairie View Liquor Store304430 125 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store1034556 124 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie Village Liquor Store304224 123 SOLUTION BUILDERSComputers494 Corridor Commission1034746 121 CAWLEY COMPANY, THEClothing & UniformsPrairie View Liquor Store1034724 120 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie Village Liquor Store
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments304481 120 ASCHENBECK SARADues & SubscriptionsAdministration1034623 120 PARLEY LAKE WINERYLiquor Product Received Prairie View Liquor Store1034629 120 GUNNAR ELECTRIC CO INCOther Contracted Services July 4th Celebration1034635 120 MPX GROUP, THEOperating SuppliesPolice Sworn304335 119 COMCASTInterestFire1034740 116 PETERKIN, BRENNATuition Reimbursement/School Fitness Classes304420 115 DANGEROUS MAN BREWING CO LLCLiquor Product Received Prairie Village Liquor Store1034679 113 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie View Liquor Store304313 111 A TO Z RENTAL CENTEROperating SuppliesFire304324 111 ASTLEFORD EQUIPMENT COMPANY INCEquipment PartsFleet Operating304683 109 MCFARLANE PATRICETuition Reimbursement/School Fitness Classes1034748 108 ECM PUBLISHERS INCLegal Notices Publishing City Clerk1034612 106 STERICYCLE INCOther Contracted Services Police Sworn304569 106 56 BREWING LLCLiquor Product Received Prairie Village Liquor Store304558 106 TMS JOHNSONSupplies - HVACCity Hall (City Cost)304312 105 WOODEN HILL BREWING COMPANY LLCLiquor Product Received Prairie View Liquor Store304715 104 T-MOBILECell Phones494 Corridor Commission304105 104 STARRY EYED BREWING LLCLiquor Product Received Prairie Village Liquor Store1034576 104 GOLDENSTEIN, JAMESConference/TrainingIT Operating9947 103 WEXFSA - MedicalHealth and Benefits304310 103 STEEL TOE BREWING LLCLiquor Product Received Prairie View Liquor Store304332 103 COMCASTCable TVFire304260 101 STEEL TOE BREWING LLCLiquor Product Received Prairie Village Liquor Store304264 101 AM CRAFT SPIRITS SALES & MARKETINGLiquor Product Received Den Road Liquor Store304646 100 CITY ENGINEERS ASSOC OF MINNESOTAConference/TrainingEngineering304495 100 CINTAS CORPORATION #470Operating SuppliesPark Maintenance1034674 99 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Den Road Liquor Store304258 96 SMALL LOT MNLiquor Product Received Prairie Village Liquor Store304431 96 SHAKOPEE BREWHALLLiquor Product Received Prairie Village Liquor Store304599 96 DANGEROUS MAN BREWING CO LLCLiquor Product Received Den Road Liquor Store304690 96 MULVANEY, JOSHTuition Reimbursement/School Police Sworn304128 95 STEEL TOE BREWING LLCLiquor Product Received Den Road Liquor Store304650 94 COMCASTInternetIT Operating304530 93 MR CUTTING EDGEContract Svcs - Ice Rink Ice Arena Maintenance304619 93 DANGEROUS MAN BREWING CO LLCLiquor Product Received Prairie View Liquor Store1034642 92 VERLEY, VALERIEMileage & ParkingCommunity Center Admin1034677 91 NEW FRANCE WINE COMPANYLiquor Product Received Den Road Liquor Store9944 89 WEXFSA - MedicalHealth and Benefits304486 88 BEHME ANNELIESEP&R RefundsCommunity Center Admin1034731 82 CONCRETE CUTTING AND CORINGOperating SuppliesTree Disease304531 80 NELSON MICHAELLicenses, Taxes, FeesPark Maintenance304233 80 TULLY KEIKOOutreach Mileage/Parking 494 Corridor Commission304090 80 MINNESOTA DEPARTMENT OF COMMERCEAR UtilityWater Enterprise Fund304554 79 SUBURBAN CHEVROLETEquipment PartsFleet Operating304519 79 LANGSTRAAT JENP&R RefundsCommunity Center Admin1034569 78 AMERICAN SOLUTIONS FOR BUSINESSOperating SuppliesRecreation Admin304496 78 COMCASTCable TVFire9938 76 PAYCHEXPayroll Admin. Fees494 Corridor Commission9954 76 PAYCHEXPayroll Admin. Fees494 Corridor Commission9968 75 WEXFSA - MedicalHealth and Benefits304698 72 RICHFIELD PRINTING INCOffice SuppliesCustomer Service304645 70 CHC CREATING HEALTHIER COMMUNITIESCharitable Contributions Health and Benefits1034586 70 NELSON, ROBINOutreach Mileage/Parking 494 Corridor Commission304635 69 ARAMARKJanitor ServicePrairie Village Liquor Store304122 69 LUPULIN BREWING COMPANYLiquor Product Received Den Road Liquor Store304548 69 SEJKORA PATRICKImprovement Contracts Stormwater Capital9949 67 WEXFSA - MedicalHealth and Benefits1034690 66 HACH COMPANYLaboratory ChemicalsWater Treatment304390 65 SHIPLEY KIMP&R RefundsCommunity Center Admin1034611 65 STAR TRIBUNE MEDIA COMPANY LLCDues & SubscriptionsPolice Sworn
Check # Amount Supplier / ExplanationAccount DescriptionBusiness UnitComments1034665 65 STAR TRIBUNE MEDIA COMPANY LLCDues & SubscriptionsPolice Sworn1034628 65 GOERGEN, MARIETuition Reimbursement/School Fitness Classes304333 63 COMCASTCable TVFire9957 63 WEXFSA - MedicalHealth and Benefits1034584 62 MEREDITH KATEOutreach Mileage/Parking 494 Corridor Commission9927 60 MONEY MOVERS INCOther Contracted Services Community Center Admin1034585 58 MUNOZ, MEGANMileage & Parking Fitness Admin.304173 58 CULLIGAN BOTTLED WATERCorridor Comm. Misc494 Corridor Commission1034735 57 HACH COMPANYLaboratory ChemicalsWater Treatment1034574 57 FLEETPRIDE INCEquipment PartsFleet Operating304564 57 VERMONT SYSTEMS, INCSoftwareRecreation Admin1034706 56 ECM PUBLISHERS INCLegal Notices Publishing City Clerk1034667 55 TWIN CITY SEED CORepair & Maint. Supplies Stormwater Collection1034575 55 GOERGEN, MARIEMileage & Parking Fitness Admin.1034729 54 BERRY COFFEE COMPANYOperating SuppliesFire1034580 53 KAPAUN, RYANMotor FuelsFleet Operating304648 53 COMCASTCable TVFire304293 53 AM CRAFT SPIRITS SALES & MARKETINGLiquor Product Received Prairie View Liquor Store304512 52 GS DIRECTOperating SuppliesEngineering304203 52 MN MAINTENANCE EQUIPMENT INCEquipment PartsFleet Operating304336 51 COMCASTInternetIT Operating9963 50 WEXFSA - MedicalHealth and Benefits9950 50 WEXFSA - MedicalHealth and Benefits1034695 49 OLSEN CHAIN & CABLEEquipment Repair & Maint Street Maintenance304194 46 LAWAL LUQMANP&R RefundsCommunity Center Admin1034761 45 STATE SUPPLY COMPANYBuilding Repair & Maint. Utility Operations - General1034583 44 MADISON, MELISSAOutreach Mileage/Parking 494 Corridor Commission304695 43 PETRIN JACKDepositsGeneral Fund1034668 42 UPSPostageIT Operating304197 35 MAAO REGION 9Dues & SubscriptionsAssessing1034565 34 SHAMROCK GROUP, INC - ACE ICELiquor Product Received Prairie View Liquor Store1034737 32 KAPAUN, RYANTuition Reimbursement/School Police Sworn304720 31 BAER FREDERICAR UtilityWater Enterprise Fund9970 30 WEXFSA - MedicalHealth and Benefits1034647 30 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn304367 30 JERRY'S ENTERPRISES INCRepair & Maint. Supplies Pleasant Hill Cemetery9972 30 SQUAREBank and Service Charges Den Road Liquor Store304659 29 EDEN PRAIRIE FOUNDATIONCharitable Contributions Health and Benefits304660 29 EDEN PRAIRIE FOUNDATIONCharitable Contributions Health and Benefits9976 29 PAYABank and Service Charges Theatre Initiative304314 28 ACE SUPPLY COMPANY INCSupplies - HVACCity Center - CAM1034570 28 BICKLER, JILLMileage & Parking Fitness Admin.304404 25 T-MOBILE USAOther Contracted Services Police Sworn1034699 25 TOLL GAS AND WELDING SUPPLYRepair & Maint. Supplies Utility Operations - General304498 23 COMCASTOther Contracted Services Police Sworn304184 23 HENDRICKSON DAVIDAR UtilityWater Enterprise Fund304679 22 LANO EQUIPMENT INCEquipment PartsFleet Operating1034592 21 SPOK, INC.Cell/Pager PlansIT Operating304167 20 CHRIS CASTLE INCPhone/Data/Web494 Corridor Commission304169 20 CLARK CONSTANCE FUKUDAP&R RefundsCommunity Center Admin1034641 17 TOLL GAS AND WELDING SUPPLYRepair & Maint. Supplies Utility Operations - General304701 17 SALTER LESLIEDepositsGeneral Fund304658 16 EDEN PRAIRIE CRIME PREVENTION FUNDCharitable Contributions Health and Benefits304691 16 NCPERS GROUP LIFE INSURANCEPERAHealth and Benefits304379 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE ElectricFlying Cloud Off Leash Park1034739 15 OLSEN CHAIN & CABLEEquipment Repair & Maint Street Maintenance1034732 13 ELLIS, ROBERTMileage & ParkingEngineering9948 11 WEXFSA - MedicalHealth and Benefits304500 10 CULLIGAN BOTTLED WATERCorridor Comm. Misc494 Corridor Commission304687 10 MINNESOTA DEPT OF LABOR AND INDUSTRYLicenses, Taxes, FeesFire Station #49956 6 WEXFSA - MedicalHealth and Benefits304706 5 SNAP-ON TOOLSSmall ToolsFleet Operating304330 5 CEF EP COMMUNITY SOLAR LLCElectricFacilities Operating ISF304334 4 COMCASTOther Contracted Services Police Sworn7,187,425 Grand Total
City of Eden PrairiePurchasing Card Payment Report
11/14/2023
Amount Account Description Business Unit
6,450 Software/Hardware Maint.IT Operating
5,122 Plumbing Surcharge General Fund
4,097 Operating Supplies Wine Club/Events
1,516 Operating Supplies Fire
1,459 Capital Under $25,000 Fitness Classes
1,289 Equipment Repair & Maint Senior Center Programs
1,147 Operating Supplies Fitness Center
1,104 Office Supplies Police Sworn
1,080 Clothing & Uniforms Fitness Admin.
1,028 Tires Fleet Operating
995 Travel Expense Administration
932 Operating Supplies Police Sworn
878 Bank and Service Charges Prairie View Liquor Store
856 Travel Expense Utility Operations - General
800 Licenses, Taxes, Fees Utility Operations - General
741 Operating Supplies Police Sworn
734 Conference/Training Engineering
732 Operating Supplies Recycle Rebate
689 Other Rentals Internal Events
689 Other Rentals Internal Events
678 Travel Expense Communications
662 Repair & Maint. Supplies City Hall (City Cost)
650 Operating Supplies Fall Harvest
599 Operating Supplies Pool Operations
578 Licenses, Taxes, Fees Fitness Classes
575 Training Supplies Police Sworn
525 Conference/Training Utility Operations - General
511 Travel Expense Utility Operations - General
500 Employee Award Organizational Services
500 Tuition Reimbursement/School Police Sworn
498 Operating Supplies Stormwater Non-Capital
486 Other Rentals Park Maintenance
485 Conference/Training Utility Operations - General
465 Training Supplies Police Sworn
460 Repair & Maint. Supplies Utility Operations - General
457 Repair & Maint. Supplies General Community Center
450 Equipment Repair & Maint Fire
450 Operating Supplies Police Sworn
438 Dues & Sub-Memberships Communications
Amount Account Description Business Unit419Training Supplies Police Sworn
409 Travel Expense Finance
404 Repair & Maint. Supplies Water Treatment
400 Printing Community Brochure
399 Other Contracted Services Liquor Store Delivery
398 Travel Expense Utility Operations - General
372 Operating Supplies Fitness Classes
370 Repair & Maint. Supplies Arts Center
363 Operating Supplies Fire
363 Operating Supplies Fire
357 Operating Supplies Pool Operations
356 Operating Supplies Pool Operations
350 Training Supplies Police Sworn
335 Travel Expense Assessing
335 Travel Expense Heritage Preservation
328 Clothing & Uniforms Theatre Initiative
326 Capital Under $25,000 Fitness Classes
313 Operating Supplies Fire
313 Operating Supplies Fire
310 Operating Supplies Day Care
310 Operating Supplies Fall Harvest
299 Clothing & Uniforms Fire
292 Retention Program Community Center Admin
292 Computers IT Operating
288 Travel Expense Administration
285 Equipment Parts Fleet Operating
280 Operating Supplies Pool Lessons
267 Miscellaneous City Council
265 Operating Supplies Internal Events
260 Capital Under $25,000 Fitness Classes
255 Operating Supplies Fire
254 Operating Supplies Gymnasium (CC)
246 Operating Supplies Police Sworn
246 Operating Supplies Police Sworn
246 Clothing & Uniforms Facilities Staff
240 Office Supplies Police Sworn
240 Operating Supplies Tennis
239 Operating Supplies Fire
231 Conference/Training Arts Center
228 Operating Supplies Gymnasium (CC)
223 Travel Expense Assessing
221 Operating Supplies Day Care
218 Building Repair & Maint.Utility Operations - General
Amount Account Description Business Unit211Tuition Reimbursement/School Police Sworn
210 Dues & Sub-Memberships Youth Programs Admin
210 Protective Clothing Fire
200 Operating Supplies Police Sworn
200 Equipment Repair & Maint Arts Center
199 Small Tools Traffic Signals
198 Licenses, Taxes, Fees Senior Center Admin
190 Equipment Parts Fleet Operating
190 Repair & Maint. Supplies Fire
185 Repair & Maint. Supplies Ice Arena Maintenance
183 Operating Supplies Park Maintenance
182 Operating Supplies Internal Events
179 Repair & Maint. Supplies City Hall (City Cost)
177 Merchandise for Resale Concessions
176 Operating Supplies Fire
173 Training Supplies Police Sworn
173 Employee Award Organizational Services
172 Operating Supplies Pool Operations
170 Dues & Sub-Memberships Communications
170 Dues & Sub-Memberships Economic Development
168 Operating Supplies Special Events Admin
166 Operating Supplies Pool Operations
165 Clothing & Uniforms Ice Lessons
165 Conference/Training Arts Center
165 Operating Supplies Pool Lessons
164 Clothing & Uniforms Police Sworn
162 Operating Supplies Police Sworn
159 Operating Supplies Police Sworn
156 Operating Supplies Fitness Classes
154 Operating Supplies Fitness Classes
154 Operating Supplies New Adaptive
150 Conference/Training Street Maintenance
150 Operating Supplies Snow & Ice Control
146 Training Supplies Police Sworn
145 Tuition Reimbursement/School Police Sworn
145 Tuition Reimbursement/School Police Sworn
145 Tuition Reimbursement/School Police Sworn
145 Tuition Reimbursement/School Police Sworn
145 Tuition Reimbursement/School Police Sworn
144 Licenses, Taxes, Fees Theatre Initiative
143 Merchandise for Resale Concessions
141 Deposits General Fund
140 Equipment Parts Fleet Operating
Amount Account Description Business Unit140Operating Supplies Fall Harvest
138 Tuition Reimbursement/School Police Sworn
136 Training Supplies Police Sworn
136 Clothing & Uniforms Theatre Initiative
131 Training Supplies Police Sworn
130 Other Contracted Services Trips
129 Repair & Maint. Supplies Ice Arena Maintenance
128 Operating Supplies Fitness Classes
127 Operating Supplies Arts Center
125 Conference/Training Communications
125 Conference/Training Communications
125 Conference/Training Communications
124 Special Event Fees Senior Center Programs
122 Software/Hardware Maint.IT Operating
122 Equipment Parts Fleet Operating
120 Conference/Training Street Maintenance
120 Conference/Training Park Maintenance
120 Operating Supplies Fall Harvest
119 Deposits General Fund
118 Operating Supplies Police Sworn
116 Repair & Maint. Supplies Utility Operations - General
115 Operating Supplies Recycle Rebate
113 Operating Supplies Fire
113 Office Supplies Park Maintenance
113 Employee Award Organizational Services
113 Operating Supplies Prairie View Liquor Store
112 Training Supplies Police Sworn
111 Clothing & Uniforms Facilities Staff
111 Clothing & Uniforms Facilities Staff
110 Licenses, Taxes, Fees Fitness Classes
110 Licenses, Taxes, Fees Fitness Classes
110 Clothing & Uniforms Police Sworn
109 Software Public Safety Communications
108 Operating Supplies Fall Harvest
108 Software Public Safety Communications
107 Other Contracted Services Arts Center
107 Operating Supplies Arts Center
104 Operating Supplies Fire
102 Clothing & Uniforms Street Maintenance
102 Operating Supplies Pool Lessons
101 Operating Supplies IT Operating
101 Operating Supplies Outdoor Center
100 Operating Supplies Arts Center
Amount Account Description Business Unit99Merchandise for Resale Concessions
99 Licenses, Taxes, Fees Pool Lessons
96 Operating Supplies Fire
96 Equipment Parts Fleet Operating
96 Operating Supplies Fire
94 Training Supplies Police Sworn
93 Merchandise for Resale Concessions
93 Conference/Training Utility Operations - General
93 Operating Supplies Snow & Ice Control
93 Office Supplies Police Sworn
93 Operating Supplies Fire
92 Operating Supplies Fire
91 Equipment Repair & Maint Public Safety Communications
91 Capital Under $25,000 Fitness Classes
90 Conference/Training Engineering
90 Conference/Training Park Maintenance
90 Operating Supplies Fall Harvest
89 Operating Supplies Pool Lessons
88 Other Contracted Services Economic Development
88 Clothing & Uniforms Theatre Initiative
86 Operating Supplies Police Sworn
85 Repair & Maint. Supplies General Community Center
85 Merchandise for Resale Concessions
85 Tuition Reimbursement/School Police Sworn
84 Operating Supplies Police Sworn
84 Operating Supplies Fall Harvest
83 Operating Supplies Pool Operations
82 Equipment Repair & Maint Public Safety Communications
80 Operating Supplies Day Care
78 Training Supplies Police Sworn
77 Conference/Training Youth Programs Admin
77 Clothing & Uniforms Theatre Initiative
77 Deposits General Fund
75 Employment Advertising Organizational Services
75 Equipment Parts Fleet Operating
73 Deposits General Fund
73 Operating Supplies Police Sworn
73 Operating Supplies Arts Center
72 Operating Supplies Concessions
71 Operating Supplies Fire
71 Training Fire
70 Dues & Sub-Memberships Finance
69 Operating Supplies Arts Center
Amount Account Description Business Unit66Office Supplies Park Maintenance
65 Operating Supplies IT Operating
65 Operating Supplies Police Sworn
64 Training Supplies Police Sworn
64 Operating Supplies IT Operating
64 Operating Supplies Arts Center
63 Process Control Equipment IT Operating
63 Repair & Maint. Supplies Fire Station #1
63 Operating Supplies City Council
62 Operating Supplies IT Operating
62 Operating Supplies Outdoor Center
60 Special Event Fees Senior Center Programs
60 Operating Supplies Arts Center
58 Process Control Equipment IT Operating
58 Operating Supplies Arts Center
58 Merchandise for Resale Senior Board
58 Operating Supplies Outdoor Center
58 Fire Prevention Supplies Fire
58 Operating Supplies Arts Center
57 Operating Supplies Theatre Initiative
56 Motor Fuels Fleet Operating
55 Other Contracted Services Economic Development
54 Training Supplies Police Sworn
53 Operating Supplies Police Sworn
52 Travel Expense Administration
51 Operating Supplies Police Sworn
51 Training Supplies Police Sworn
50 Motor Fuels Fleet Operating
50 Conference/Training Senior Center Admin
50 Deposits General Fund
50 Merchandise for Resale Concessions
49 Operating Supplies Arts Center
49 Tuition Reimbursement/School Police Sworn
49 Operating Supplies Recreation Admin
49 Training Supplies Police Sworn
48 Conference/Training Community Development Admin.
48 Operating Supplies Police Sworn
47 Deposits General Fund
47 Operating Supplies Arts Center
47 Operating Supplies Theatre Initiative
47 Operating Supplies Arts Center
47 Repair & Maint. Supplies City Hall (City Cost)
47 Operating Supplies Fitness Classes
Amount Account Description Business Unit46Operating Supplies IT Operating
45 Operating Supplies City Council
45 Operating Supplies Arts Center
45 Operating Supplies Arts Center
44 Operating Supplies Fitness Classes
44 Training Supplies Police Sworn
43 Operating Supplies Police Sworn
42 Operating Supplies Arts Center
42 Operating Supplies Fire
42 Conference/Training Pool Operations
42 Operating Supplies Arts Center
42 Operating Supplies Fall Harvest
42 Operating Supplies Outdoor Center
42 Deposits General Fund
41 Operating Supplies Police Sworn
41 Conference/Training Utility Operations - General
39 Operating Supplies Fire
39 Operating Supplies Community Center Admin
38 Operating Supplies Community Development Admin.
36 Operating Supplies Halloween Party
36 Operating Supplies Police Sworn
36 Deposits General Fund
35 Operating Supplies Public Safety Communications
35 Operating Supplies Fall Harvest
35 Operating Supplies Police Sworn
35 Operating Supplies Police Sworn
34 Operating Supplies Theatre Initiative
34 Operating Supplies Theatre Initiative
34 Operating Supplies Fitness Classes
34 Office Supplies Police Sworn
33 Training Supplies Police Sworn
33 Operating Supplies IT Operating
32 Operating Supplies Park Maintenance
32 Clothing & Uniforms Theatre Initiative
32 Merchandise for Resale Concessions
32 Clothing & Uniforms Theatre Initiative
32 Operating Supplies Volunteers
31 Operating Supplies Arts Center
31 Operating Supplies Outdoor Center
31 Operating Supplies Arts Center
31 Operating Supplies Senior Center Admin
31 Equipment Repair & Maint Public Safety Communications
31 Office Supplies Police Sworn
Amount Account Description Business Unit31Operating Supplies Theatre Initiative
31 Operating Supplies Arts Center
30 Deposits General Fund
30 Deposits General Fund
30 Conference/Training Finance
30 Travel Expense Communications
30 Travel Expense Communications
30 Travel Expense Administration
30 Travel Expense Administration
30 Conference/Training Finance
30 Clothing & Uniforms Police Sworn
30 Deposits General Fund
30 Operating Supplies Fall Harvest
30 Operating Supplies Facilities Staff
30 Computers IT Operating
30 Operating Supplies Youth Programs Admin
28 Operating Supplies Arts Center
28 Operating Supplies Theatre Initiative
27 Operating Supplies IT Operating
27 Operating Supplies Arts Center
27 Small Tools Facilities Staff
26 Operating Supplies Arts Center
26 Dues & Sub-Memberships Fire
26 Dues & Sub-Memberships Fire
26 Conference/Training Utility Operations - General
26 Dues & Sub-Memberships Engineering
26 Small Tools Facilities Staff
25 Employment Advertising Organizational Services
25 Operating Supplies Arts Center
25 Other Contracted Services Wine Club/Events
25 Operating Supplies Outdoor Center
24 Operating Supplies Police Sworn
23 Training Supplies Police Sworn
23 Equipment Repair & Maint Public Safety Communications
23 Operating Supplies Fitness Center
23 Landscape Materials/Supp Franlo Park
22 Training Supplies Police Sworn
22 Special Event Fees Senior Center Programs
21 Operating Supplies Public Safety Communications
21 Operating Supplies Fire
21 Office Supplies Police Sworn
21 Operating Supplies Theatre Initiative
21 Operating Supplies Fitness Admin.
Amount Account Description Business Unit20DepositsGeneral Fund
20 Licenses, Taxes, Fees Utility Operations - General
20 Dues & Sub-Memberships Police Sworn
20 Conference/Training Finance
20 Licenses, Taxes, Fees Utility Operations - General
20 Operating Supplies Arts Center
20 Operating Supplies IT Operating
20 Operating Supplies Arts Center
20 Operating Supplies New Adaptive
19 Operating Supplies Police Sworn
18 Operating Supplies Fall Harvest
18 Operating Supplies Theatre Initiative
18 Operating Supplies Fitness Center
18 Operating Supplies New Adaptive
18 Operating Supplies Fall Harvest
17 Other Contracted Services Organizational Services
17 Operating Supplies City Council
17 Deposits General Fund
17 Licenses, Taxes, Fees Utility Operations - General
17 Operating Supplies Police Sworn
17 Deposits General Fund
17 Operating Supplies Public Safety Communications
17 Operating Supplies Outdoor Center
17 Operating Supplies Theatre Initiative
17 Conference/Training Utility Operations - General
16 Operating Supplies Fire
16 Training Supplies Police Sworn
16 Deposits General Fund
16 Operating Supplies IT Operating
16 Deposits General Fund
16 Licenses, Taxes, Fees Theatre Initiative
15 Operating Supplies New Adaptive
15 Office Supplies Police Sworn
15 Merchandise for Resale Senior Board
15 Operating Supplies Fire
15 Dues & Sub-Memberships Communications
15 Operating Supplies Pool Operations
15 Computers IT Operating
15 Computers IT Operating
15 Operating Supplies Fall Harvest
15 Operating Supplies Accessibility
14 Operating Supplies Arts Center
14 Operating Supplies Volunteers
Amount Account Description Business Unit14MiscellaneousCity Council
14 Operating Supplies Fall Harvest
14 Clothing & Uniforms Theatre Initiative
13 Deposits General Fund
13 Training Supplies Fire
13 Operating Supplies New Adaptive
12 Operating Supplies Fall Harvest
12 Operating Supplies Arts Center
12 Operating Supplies New Adaptive
12 Operating Supplies Day Care
12 Operating Supplies Pool Operations
11 Operating Supplies New Adaptive
11 Operating Supplies Ice Operations
11 Operating Supplies Fall Harvest
11 Operating Supplies Fire
11 Other Contracted Services Police Sworn
10 Operating Supplies Arts Center
10 Travel Expense Utility Operations - General
10 Travel Expense Utility Operations - General
10 Travel Expense Utility Operations - General
10 Operating Supplies New Adaptive
10 Miscellaneous City Council
10 Operating Supplies Fall Harvest
10 Operating Supplies Community Center Admin
10 Operating Supplies IT Operating
9 Operating Supplies Outdoor Center
9 Operating Supplies Fire
9 Operating Supplies Arts Center
9 Other Contracted Services Economic Development
9 Software/Hardware Maint.Fire
9 Clothing & Uniforms Theatre Initiative
9 Dues & Sub-Memberships Youth Programs Admin
9 Deposits General Fund
8 Operating Supplies New Adaptive
8 Equipment Parts Fleet Operating
8 Clothing & Uniforms Theatre Initiative
8 Operating Supplies Arts Center
8 Clothing & Uniforms Theatre Initiative
8 Deposits General Fund
7 Licenses, Taxes, Fees Fitness Classes
7 Operating Supplies Stormwater Non-Capital
7 Operating Supplies Theatre Initiative
6 Deposits General Fund
Amount Account Description Business Unit6Operating Supplies New Adaptive
6 Operating Supplies Pool Operations
6 Deposits General Fund
5 Travel Expense Utility Operations - General
5 Licenses, Taxes, Fees Fitness Classes
5 Operating Supplies Summer Theatre
5 Bank and Service Charges Customer Service
4 Operating Supplies Fire
4 Deposits General Fund
4 Advertising Arts in the Park
3 Other Contracted Services Economic Development
3 Clothing & Uniforms Theatre Initiative
3 Bank and Service Charges Customer Service
3 Mileage & Parking Housing and Community Service
2 Deposits General Fund
1 Advertising Community Center Admin
-9 Software Public Safety Communications
-22 Miscellaneous City Council
-22 Operating Supplies Outdoor Center
-34 Operating Supplies Theatre Initiative
-108 Software Public Safety Communications
-136 Training Supplies Police Sworn
-240 Operating Supplies Tennis
-276 Conference/Training Fleet Operating
-301 Deposits General Fund
76,581 Report Total
CITY COUNCIL AGENDA
SECTION: Ordinances & Resolutions
DATE
Nov. 14, 2023
DEPARTMENT / DIVISION
Jonathan Stanley, Housing & Community Services
Julie Klima, Community Development
ITEM DESCRIPTION
Tenant Protection Ordinance
ITEM NO.
XI.A.
Requested Action
Approve first reading of a Tenant Protection Ordinance affording low-income tenants of naturally
occurring affordable housing (NOAH) and certain multifamily housing developments that were publicly subsidized but no longer carry affordability restrictions certain protections after a property sale. Synopsis
Among the Housing Task Force’s primary recommendations, a Tenant Protection Ordinance (TPO) is proposed to protect residents of properties meeting the City’s NOAH definition or properties that have aged out of their period of affordability (in either circumstance, the TPO would apply if at least 20% of tenants have rents affordable to households at or below 80% of the area median income). The TPO
would be triggered upon sale and application for a new rental license and would give tenants protection
from the following: unexpected rent increases, a rescreening process that subjects tenants to new criteria, or evictions without cause. The TPO effective period would be 90 days from the date of approval of the rental license.
Background The loss of NOAH housing poses a threat to the affordable housing stock locally and regionally, with approximately 1,300 affordable units being lost annually across the metro when new corporate buyers purchase and upgrade multifamily developments that due to their current age, condition, value, and/or
lack of amenities can no longer generate market rents. In addition, publicly subsidized multifamily
properties that have aged out of their affordability period can be sold without any consideration of existing tenants who rely on their affordable rents. To help mitigate the threats to the vulnerable low-income clientele of these properties, particularly the threat of displacement, communities including Brooklyn Center, Bloomington, Edina, Golden Valley, St. Louis Park, and Richfield have adopted TPOs
lasting 90 days and award tenants financial benefits if during that term they have their rents raised, are rescreened and no longer meet the new owner’s criteria, or are subjected to eviction without just cause. The penalty for non-compliance with the TPO is three months of rent at its current rate. This important protection gives individuals and families time and financial resources to consider any planned future rent
increase, locate a unit in another community, or stave off potential attempts of new owners to “rebrand”
the property and force certain tenants out. Attachments
• Tenant Protection Ordinance
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ___-2023 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 13 TO CHANGE THE TITLE OF THE CHAPTER AND ADDING A NEW SECTION 13.05 RELATED TO TENANT PROTECTION, AMENDING CITY CODE CHAPTER 5, SECTION 5.72 RELATED TO LICENSING OF RENTAL HOUSING, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 5.99 AND 13.99 WHICH AMONG OTHER THINGS CONTAIN
PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: SECTION 1. City Code Chapter 13 is amended by changing the title of the Chapter to “Affordable Housing”.
SECTION 2. City Code Chapter 13, Section 13.01, Subdivision 3, is amended to add the following new item E: E. Minn. Stat. § 412.221, subd. 32, which affords the Council “power to provide for
the government and good order of the city, the suppression of vice and immorality, the prevention of crime, the protection of public and private property, the benefit of residence, trade, and commerce, and the promotion of health, safety, order, convenience, and the general welfare by such ordinances not inconsistent with the Constitution and laws of the United States or of this state as it shall deem
expedient”.
SECTION 3. City Code Chapter 13 is hereby amended by adding a new Section 13.05 to read as follows: SECTION 13.05 – TENANT PROTECTION. Subd. 1. Findings. In addition to the findings expressed in Section 13.01, Subdivision 1, the City Council finds and declares the following: A. In the Twin Cities metro area, approximately 1,300 naturally occurring affordable
housing (NOAH) units are annually losing their affordability after a property sale.
B. Suburban Twin Cities communities are losing more affordable units than urban communities, accounting for 90% of the lost units in the Twin Cities metro area.
C. Affordable units in higher rent communities such as Eden Prairie are more likely to lose their affordability after a property sale.
D. There is a need to encourage and assist in the preservation of existing affordable housing, including NOAH, in Eden Prairie.
E. Existing tenants in fully or partially affordable rental properties can be vulnerable
to changes in ownership when such changes result in new rules, higher rental rates, or displacement.
F. There is a need to provide certain benefits and protections to vulnerable rental tenants where City preservation efforts are not possible to help them avoid
temporary or permanent homelessness, dislocation from schools and jobs, and
disruptions in community.
Subd. 2. Purpose. The purpose of this Section is to implement protections to further the City’s goal of protecting existing tenants of certain affordable properties that have changed ownership from being rescreened, subjected to rent increases during an existing lease period, or threatened with eviction without just cause.
Subd. 3. Definitions. For purposes of this Section, the following terms, phrases, words,
and their derivations have the meanings given in this subdivision.
Affordable rental project means a multifamily property that: (1) has three or more housing
units, where at least 20 percent of the units are affordable rental units; (2) was originally
developed with public subsidy that required the provision of affordable rental units; and
(3) is no longer subject to the original affordability requirements. An affordable rental
project does not include a project that is currently required to provide affordable units
pursuant to a contract with the City or the State.
Affordable rental unit means a rental unit in a NOAH project or an affordable rental project
that rents for an amount that is affordable to households at or below 80 percent of area
median income, as affordability was most recently determined by the Multifamily Tax
Subsidy Projects Income Limits set by the HUD and promulgated by the Minnesota
Housing Finance Agency and as median income was most recently determined by HUD
for the Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical
Area, as adjusted for household size and number of bedrooms.
Cause means the tenant or a member of the tenant’s household materially violated a term
of the lease.
Naturally occurring affordable housing project or NOAH project means a privately owned,
unsubsidized affordable rental project that: (1) contains at least 50 units; (2) was built in or
before 1990; (3) is considered Class B or C property; (3) at least 20% of units are affordable
rental units and/or are occupied by households earning 80% or less of the area median
income; and (4) due to its age, condition, and lack of amenities cannot command typical
market rate rents.
Tenant protection period means the period that commences on the date the City approves
a new owner’s rental license application pursuant to Section 5.72, and expires three (3)
calendar months following the month in which written notice of the transfer is sent to each
affordable rental unit tenant pursuant to subdivision 5 of this Section.
Subd. 4. Relocation Assistance.
A. During the tenant protection period, if the new owner of a NOAH project or an
affordable rental project terminates or refuses to renew any affordable rental unit
tenant’s lease without cause, the new owner must pay relocation assistance to the
tenant, no later than the day upon which the tenant vacates the unit, in an amount
equal to three months of the current monthly rent amount for that unit.
B. During the tenant protection period, if a rent increase goes into effect on any
affordable rental unit, or the new owner of a NOAH project or an affordable rental
project raises any affordable rental unit tenant’s rent, or rescreens an existing
affordable rental unit tenant such that the tenant no longer qualifies for tenancy, and
the tenant gives written notice to the new owner to terminate the lease in accordance
with its terms, the new owner must, within thirty (30) days of receiving tenant’s
written notice of termination of the lease, pay relocation assistance to the tenant in
an amount equal to three months of the current monthly rent for that unit.
Subd. 5. Notice of Transfer. Whenever ownership of a NOAH project or an affordable
rental project transfers, the new owner must, within thirty (30) days of the date on which
the City approves the new owner’s rental license application pursuant to Section 5.72, give
written notice to each affordable rental unit tenant of the project that the property is under
new ownership stating:
A. The name, mailing address, and telephone number of the new owner.
B. That Eden Prairie City Code Chapter 13, Section 13.05 provides a tenant protection
period for affordable rental unit tenants and that under Section 13.05, affordable
rental unit tenants may be entitled to relocation assistance from the new owner if
the new owner terminates or does not renew the tenant’s rental agreement without
cause during the tenant protection period. Affordable rental unit tenants may also
be entitled to relocation assistance from the new owner if the owner raises the rent
or initiates a tenant rescreening process during the tenant protection period and the
tenant terminates their rental agreement or no longer qualifies for tenancy as a
result.
C. Whether there will be any rent increase within the tenant protection period, the
amount of any rent increase, and the date the rent increase will take effect.
D. Whether the new owner will require existing affordable rental unit tenants to be
rescreened to determine compliance with existing or modified residency screening
criteria during the tenant protection period and if so, a copy of the screening criteria.
E. Whether the new owner will terminate or not renew rental agreements without
cause during the tenant protection period and if so, notice to the affected affordable
rental unit tenants whose rental agreements will terminate and the date the rental
agreements will terminate.
F. Whether the new owner intends to increase rent, require existing affordable rental
unit tenants to be rescreened to determine compliance with existing or modified
residency screening criteria, or terminate or not renew affordable rental unit rental
agreements without cause on at any time following the tenant protection period.
The written notice must be made available in multiple languages consistent with City’s
Limited English Proficiency policy. The new owner must provide a copy of the notice
required by this subdivision to the City at the same time notice is provided to the tenants.
The new owner of a NOAH project or an affordable rental project may not terminate or not
renew a tenant’s rental agreement without cause, raise rent, or rescreen existing tenants
during the tenant protection period without giving the notice required by this subdivision.
Subd. 6. Penalty for Violation.
A. A violation of this Section is a misdemeanor as provided in Section 13.99. A
violation as to each affordable rental unit constitutes a separate offense.
B. A violation of this Section also constitutes grounds for suspension or revocation of
the rental license for the affordable rental project pursuant to Section 5.72, subd. 7.
SECTION 4. City Code Section 5.72, Subdivision 4, is amended by adding the following new
item I:
I. Transfer of License. The license issued is non-transferable and is only valid for the
person named on the approved license application. If ownership of the rental
dwelling changes, the new owner must comply with the requirements of an original
application and obtain a license prior to operating the rental dwelling.
SECTION 5. City Code Section 5.72, Subdivision 5, is amended by adding the following new
item E:
E. Tenant Protection Requirements. If the rental dwelling is a NOAH project or an
affordable rental project as defined in City Code Section 13.05, the licensee must
comply with all requirements of that Section.
SECTION 6. City Code Section 5.72, Subdivision 7, Subsection A, is amended by adding the
following new item 5:
5. Failure to comply with the requirements of City Code Section 13.05, if
applicable.
SECTION 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation” and City Code Sections 5.99 and 13.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, as though repeated verbatim herein.
SECTION 8. This ordinance shall become effective from and after the date of its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 14th day
of November, 2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ____ day of _______________, 20___.
ATTEST:
_______________________________ ____________________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on the _____ day of _____________, 20___.
CITY COUNCIL AGENDA
SECTION: Report of Public Works Director
DATE:
Nov. 14, 2023
DEPARTMENT/DIVISION:
Robert Ellis
Public Works
ITEM DESCRIPTION:
Pedestrian Crossing Treatment Guidelines
ITEM NO.:
XIV.E.1.
Requested Action
Move to: No motion necessary. This is informational only. Synopsis Pedestrian crossings are an important part of our transportation system. The Public Works
Department is recommending the adoption of these Pedestrian Crossing Treatment Guidelines to establish a set of criteria, procedures, and policies that will guide the installation of crossing treatments uniformly throughout the City. Specifically, this document summarizes:
• Proposed pedestrian crossing criteria and procedures for evaluating the need for crossing treatments, including a “flowchart” approach.
• Specific pedestrian crossing treatments that may be applicable for a particular set of pedestrian volumes, pedestrian types, vehicular volumes, vehicular speeds, and roadway geometry. These Pedestrian Crossing Treatment Guidelines are intended to provide a consistent procedure
for considering the installation of crossing treatments where needed on a case-by-case basis in the City of Eden Prairie. These Pedestrian Crossing Treatment Guidelines are based largely on the work done by the City of Boulder, Colorado’s Transportation Division. Their extensive research and analysis shaped most of the recommendations found in this guide, and similar principals have been adopted by other cities across the country. Background Information There are currently 184 intersections in Eden Prairie with at least one marked crosswalk. With the adoption of these guidelines we anticipate up to nine additional intersections receiving a
marked crosswalk. Similarly, there are currently four Rapid Rectangular Flashing Beacons
(RRFBs) in Eden Prairie. With the adoption of these guidelines we anticipate as many as thirteen additional RRFBs being installed. Many other intersections with marked crosswalks would also see the installation of pedestrian refuge islands, enhanced signage, and/or pedestrian
bump outs to improve pedestrian safety, awareness, and visibility.
As a part of future street construction projects, critical intersections would be evaluated against these guidelines to determine if new marked crosswalks, RRFBS or other pedestrian
improvements should be installed, modified, or removed.
Attachment Pedestrian Crossing Treatment Guidelines
City of Eden Prairie Pedestrian
Crossing Treatment Guidelines
November 2023
2
TABLE OF CONTENTS
Executive Summary ............................................................................................................................................... 4
1.0 DEFINITIONS .................................................................................................................................................. 5
2.0 CROSSING LOCATION EVALUATION PROCEDURES AND CONSIDERATIONS ...................................... 8
2.1 Evaluation Steps ................................................................................................................................. 8
2.2 Additional Evaluation Considerations ................................................................................................. 9
2.2.1 Types of Crossing Treatments at Uncontrolled Locations .................................................. 9
2.2.2 Minimum Vehicle Volume for Treatments .......................................................................... 10
2.2.3 Minimum Pedestrian Volume for Treatments at Uncontrolled Crossing Locations ….........11
2.2.4 Definition of a Pedestrian Median Refuge and Minimum Median Refuge Width ……….... 11
2.2.5 Distance to Nearest Marked or Protected Crossing ...........................................................12
2.2.6 Conditions That May Limit the Use of RRFBs at Pedestrian Crossings. ........................... 12
2.2.7 Selecting Between a Pedestrian Traffic Signal, HAWK Beacon, or RRFBs ...................... 12
2.2.8 Signal Progression and Traffic Operational Considerations .............................................. 13
2.2.9 Differential Vehicle Queue Lengths and Pedestrian Safety ............................................... 13
2.2.10 Unmarked Pedestrian Crossing Facilitation ..................................................................... 14
2.2.11 Pedestrian Crossing Treatments at Higher Speed Roadways with Rural Character ....... 14
3.0 SUPPLEMENTAL POLICIES .......................................................................................................................... 21
3.1 Crosswalk Lighting ............................................................................................................................. 21
3.2 Avoiding Overuse of Crossing Treatments ......................................................................................... 21
3.3 Multi-Use Path Crossings ................................................................................................................... 21
3.4 Textured and Colored Pavement Treatments ..................................................................................... 21
3.5 Accessible Crosswalks ........................................................................................................................ 21
3.6 Raised Crossings at Right-Turn Bypass Islands ................................................................................. 21
3.7 Removal of Treatments ....................................................................................................................... 22
3.8 Advance Pedestrian Warning Signs ..………………………………..……………………………………...22
3
LIST OF FIGURES AND TABLES
Crossing Location Evaluation Worksheet .....................................................................................................15
Figure 1 – Uncontrolled Pedestrian Crossing Treatment Flowchart .............................................................17
Figure 2 – Controlled Pedestrian Crossing Treatment Flowchart .................................................................18
Table 1 – Criteria for Crossing Treatments at Uncontrolled Locations .........................................................19
Figure 3a – City of Eden Prairie Guidelines for the Installation of Pedestrian Hybrid (HAWK)
Beacons, Pedestrian Signals, or Rectangular Rapid Flash Beacon (RRFB) Signs on Low-Speed
Roadways .....................................................................................................................................................20
Figure 3b – City of Eden Prairie Guidelines for the Installation of Pedestrian Hybrid (HAWK)
Beacons, Pedestrian Signals, or Rectangular Rapid Flash Beacon (RRFB) Signs on High-
Speed Roadways ..........................................................................................................................................20
4
Executive Summary
Pedestrian crossings are an important part of our transportation system. The City of Eden Prairie has
adopted these Pedestrian Crossing Treatment Guidelines to establish a set of criteria, procedures, and
policies that will guide the installation of crossing treatments uniformly throughout the City.
Specifically, this document summarizes:
• Proposed pedestrian crossing criteria and procedures for evaluating the need for crossing
treatments, including a “flowchart” approach.
• Specific pedestrian crossing treatments that may be applicable for a particular set of pedestrian
volumes, pedestrian types, vehicular volumes, vehicular speeds, and roadway geometry.
These Pedestrian Crossing Treatment Guidelines are intended to provide a consistent procedure for
considering the installation of crossing treatments where needed on a case-by-case basis in the City of
Eden Prairie.
These Pedestrian Crossing Treatment Guidelines are based largely on the work done by the City of
Boulder, Colorado’s Transportation Division. Their extensive research and analysis shaped most of the
recommendations found in this guide, and similar principals have been adopted by other cities across the
country.
5
1.0 DEFINITIONS
Average Daily Traffic (ADT) The amount of vehicular traffic that crosses an imaginary line across a
roadway in a 24-hour period. ADT information typically includes both directions of vehicle travel (if on a
two-way street).
Controlled Pedestrian Crossing A pedestrian crossing where motorists are required to stop by either a
stop sign or traffic signal (including a HAWK beacon)
Crosswalk Lighting Street lighting applied at a pedestrian crossing to help approaching motorists see a
crossing pedestrian. Crosswalk lighting is at a “vehicular scale” like normal street lighting rather than a
“pedestrian scale” that is often used along a sidewalk.
Curb Extensions A roadway edge treatment where a curb line is bulged out toward the middle of the
roadway to narrow the width of the street. Curb extensions are sometimes call “neckdowns” and are
often used at the location of a pedestrian crosswalk to minimize the distance and time that a crossing
pedestrian must be in the roadway and to slow traffic by narrowing travel lane widths.
Differential Vehicle Queuing See also Vehicle Queue. A condition on a roadway with two or more travel
lanes in a single direction where the line of stopped traffic in one travel lane is significantly longer than
the line of stopped traffic in the adjacent travel lane. Differential vehicle queuing across a pedestrian
crosswalk can cause a significant safety concern as it increases the potential for “multiple threat”
pedestrian accidents.
Gap in Traffic A gap in traffic is the space between vehicles approaching the pedestrian crossing. Gaps
are typically measured in seconds, not distance, as it is the length of the gap in time that a pedestrian
must be able to cross in. A directional gap is the gap between vehicles approaching in a single direction.
A directional gap can be measured between vehicles in a single lane, or between vehicles approaching
in the same direction but in different lanes on a multi-lane approach. If there is no median refuge at the
crossing, a pedestrian will need to find an acceptable gap in traffic approaching from two directions at
once. This is much more challenging than finding a gap in each approach direction separately.
HAWK Beacon A pedestrian hybrid beacon is a type of crossing treatment used to both warn and
control traffic at a pedestrian crossing. It actuated by a pedestrian push button and uses a combination of
circular yellow and red traffic signal displays to first warn motorists of a pedestrian that is about to cross
the street, then require the motorist to stop for the pedestrian crossing, and then release the motorist to
proceed once the pedestrian has cleared the crossing. The Beacon is a hybrid between a pedestrian traffic signal and a stop sign.
Lane A portion of the roadway surface designated for motor vehicle travel, typically in a single direction,
that is delineated by pavement marking stripes. Types of lanes include: “through lanes” for travel along
the length of the roadway, often through intersections; “turn lanes” which are typically on intersection
approaches and provide space for left or right turning motorists; “bike lanes” which are designated for
bicycle travel in the same direction as the automobile travel, are typically narrower than vehicle lanes,
and are usually located along the outside edges of the roadway.
Marked Crosswalk A pedestrian crossing that is delineated by white crosswalk pavement markings.
Marked crosswalks are commonly delineated by a variety of traffic signs. Marked crosswalks would also
have curb ramps if there is curb and gutter in an area.
Median Refuge An area in the middle of a roadway where a crossing pedestrian can take shelter from
approaching traffic in either direction. In the context of these guidelines, the median refuge must include
a raised median of some width (see Section 2.2.4 for a description of types of median refuges). A median
6
refuge allows a pedestrian to cross each direction of approaching traffic in a separate step. By using the
refuge, the pedestrian must only find an acceptable gap in traffic for one approach direction at a time.
Minimum Pedestrian Volume Threshold The minimum amount of pedestrian crossing traffic (typically
in a one-hour period) that must be present to “warrant” the installation of a pedestrian crossing treatment.
See Section 2.2.3.
Motorist Compliance Data Observations made and recorded at a pedestrian crossing where it is
determined if the approaching motorist complied with their legal requirement to yield to a crossing
pedestrian who is in or about to enter the crosswalk.
Multiple Threat Accidents A type of pedestrian accident that occurs on a roadway with two or more
lanes in the same direction. A motorist that stops for a crossing pedestrian can obscure the view of the
pedestrian from another motorist approaching in the adjacent travel lane. If the second motorist does not
slow down it creates the potential for a crossing pedestrian to step out in front of a high speed approach
vehicle with potentially dire consequences.
Multi-Use Path Crossing A location where a minimum 8’ wide multi-use path intersects a roadway at-
grade and the path extends on both sides of the roadway (as shown below in A). To be considered a
multi-use path crossing at an uncontrolled intersection one multi-use path must terminate at the
intersection requiring a crossing to the multiuse path on the other side of the roadway (as shown below in
B), or a multiuse path must intersect a roadway with a multiuse path running in the opposite direction (as
shown below in C).
A B C
Neckdowns See Curb Extensions
Pedestrian Traffic Signal A conventional traffic signal with circular red, yellow, and green displays for
motorists and Walk/Don’t Walk signals for pedestrians that is applied at a pedestrian crossing. Typically,
a pedestrian signal would be applied in a mid-block location since it would be considered a normal
intersection related traffic signal if it were to be applied at an intersection.
Raised Median An area in the middle of a roadway, commonly separating vehicles traveling in opposite
directions, that is surrounded by curb and gutter and is physically raised above the surrounding
pavement where vehicles travel. Raised medians often contain landscaped areas. See also Median
Refuge.
Rectangular Rapid Flash Beacons (RRFBs) RRFBs are small rectangular yellow flashing lights that
are deployed with pedestrian crossing warning signs. They are typically actuated by a pedestrian push
button and flash for a predetermined amount of time, to allow a pedestrian to cross the roadway, before
going dark. RRFBs are warning devices and do not themselves create a legal requirement for a vehicle
to stop when they are flashing. Eden Prairie’s pedestrian actuated flashing signs are an example of
RRFBs.
7
School Crossing School Crossing defined as a crossing location where ten or more student pedestrians
per hour are crossing.
Uncontrolled Pedestrian Crossing An established pedestrian crossing that does not include a traffic
signal, a HAWK beacon, or a stop sign that requires motor vehicles to stop before entering the
crosswalk. For example, Eden Prairie’s crosswalks with signs and/or pedestrian actuated flashing yellow
lights are considered “uncontrolled”.
Vehicle Queue A line of stopped vehicles in a single travel lane, commonly caused by traffic control at
an intersection.
8
2.0 CROSSING LOCATION EVALUATION PROCEDURES AND CONSIDERATIONS
2.1 Evaluation Steps
Evaluation of an individual crossing location for potential crossing treatments in the City of Eden Prairie
should include the following four basic steps below.
Step 1: Identification and Description of Crossing Location
a) Identify the pedestrian crossing location including the major street and specific location of the
crossing.
b) Determine if the crossing location meets the definition of a multi-use path crossing. Also,
determine if the crossing provides direct access to a regional trail, transit station, school, or
park.
c) Note the posted speed along the major street at the crossing location.
d) Identify the existing traffic control (if any) and any existing crossing treatments (signs,
markings, or physical treatments), street lighting, and curb ramps.
Step 2: Physical Data Collection
a) Determine the existing roadway configuration including the number of lanes and the presence
of painted or raised medians at the crossing location.
b) Identify the nearest marked or protected crossing and measure the distance to this crossing.
c) Measure the stopping sight distance (SSD) on all vehicular approaches to the crossing. If the
SSD is less than eight times (8x) the posted speed limit (in feet), determine if improvements
(such as removal of obstructions) and/or lowering of the posted speed limit are feasible
means to mitigate the inadequate SSD.
Step 3: Traffic Data Collection and Operational Observations
a) Gather or collect pedestrian crossing volumes during the peak hours of use. This will typically
involve AM, mid-day, and PM peak hours. Locations near schools may only require two hours
of data collection (AM and PM peak hours corresponding to school opening and closing
times). All pedestrian volumes should include and differentiate between pedestrians and
bicyclists and should note separately the number of young, elderly, and/or disabled
pedestrians. For locations where school crossing traffic is anticipated, the volume of student
pedestrians (school age pedestrians on their way to/from school) should also be separately
noted. Whenever possible, pedestrian and bicycle volumes should be collected during warm
weather months (May through September) and during fair weather conditions to represent
peak crossing activity (i.e.: no snow, rain, or high winds). If school traffic is an issue, the
counts should be scheduled on school days when classes are in session. Given the potential
fluctuation in pedestrian traffic from day to day, it may be necessary to collect up to three
days of data (use additional Crossing Location Evaluation Worksheets as needed) to
determine if an enhanced pedestrian crossing treatment is warranted as follows:
• Collect pedestrian data on day one. If the minimum pedestrian volume threshold (see
Figure 1) is exceeded, no further pedestrian data collection is needed. If the threshold
has not been exceeded, but at least 50% of the minimum pedestrian volume was
observed, proceed to a second day of data collection.
• Collect pedestrian data on day two. If the minimum pedestrian volume threshold is
exceeded, no further pedestrian data collection is needed. If the threshold has not
9
been met but again the volume is at least 50% of the minimum threshold, proceed to a
third day of data collection.
• Collect pedestrian data on day three. If the minimum pedestrian volume still has not
been met, then no marked pedestrian crossing treatment is warranted by pedestrian
crossing volume.
b) Gather or collect hourly and average daily traffic (ADT) volumes for automobile traffic along
the major roadway at the crossing location. A one-day sample should be adequate, with
hourly volumes collected during the same hour as the pedestrian crossing volumes.
c) If traffic speeds appear to be significantly higher than posted speed limits, then data to
calculate 85th percentile speeds may be collected. Round the 85th percentile speed up or
down to the nearest 5 mph increment, and if it is 10 mph or greater than the posted speed
limit it may be used in the Table 1 analysis. Otherwise, the posted speed limit should be
used.
d) Due to the potential for vehicular traffic queues to impact safety at the crossings, the
presence of queues extending from downstream signals or intersections back into the
crossing location should be observed, as well as any "differential" queuing that may occur on
a lane-to-lane basis. While collecting automobile traffic data, the formation of vehicle queues
from adjacent intersections should be noted. If one or both directional queues reach back to
the crossing location, the number of times per hour that it reaches the crossing location
should be noted and the maximum queue length should also be recorded. If there is more
than one through lane in each direction, it should be noted if the queues reaching back to the
crossing are approximately the same length in each lane or is there a significant difference in
the length of the queues in each lane. If the queues are routinely of different length as they
extend beyond the crossing location, notes should be made as to the potential cause of the
differential queuing.
Step 4: Apply Data to Figure 1, Figure 2, Table 1, and Figures 3a and 3b to Determine
Appropriate Treatments
a) Using the available data, utilize Figure 1 – Uncontrolled Pedestrian Crossing Treatment
Flowchart or Figure 2 – Controlled Pedestrian Crossing Treatment Flowchart, and Table 1 –
Criteria for Crossing Treatments at Uncontrolled Locations (if applicable) to determine
appropriate treatment(s) for signalized, stop-controlled, or uncontrolled locations. Also
consider and incorporate the information in Section 2.2 and in Figures 3a and 3b as
appropriate.
2.2 Additional Evaluation Considerations
The following information should be considered by the user of these guidelines when determining the
appropriate pedestrian crossing treatment:
2.2.1 Types of Crossing Treatments at Uncontrolled Locations (See also Table 1)
Table 1 identifies five primary types of uncontrolled crossing treatments for consideration depending on
the physical roadway conditions, vehicle volume, pedestrian volume at the potential crossing location,
etc. The crossing types are as follows:
Crossing Type A:
10
• Marked crosswalk.
• Pedestrian warning signs (W11-2) mounted on the side of the roadway at the crossing, with
diagonal down arrow placards (W16-7P).
• Pedestrian warning signs (W11-2) may be mounted in advance of the crossing, with ahead
placards (W16-9P).
• If the location is a school crossing then standard S1-1 signs should be used with arrow and
ahead placards.
Crossing Type B:
• Same as Type A above, plus
• “State Law Stop for Pedestrians within Crosswalk” (R1-6a) signs mounted on flexible bollards
on centerline (if no median present) or mounted on signs in the median (if median is present).
Crossing Type C:
• Same as Type B above, plus
• Add neckdowns (curb extensions) and median refuge island to shorten the pedestrian
crossing distance and increase the visibility of pedestrians to approaching motorists.
Crossing Type D:
• Same as Type A above, plus
• Raised median refuge island to shorten the pedestrian crossing distance and increase
pedestrian visibility to motorists. If a median refuge cannot be constructed on a two-way
street, go to Treatment E.
• Pedestrian actuated Rectangular Rapid Flash Beacons (RRFBs).
• If there are 2 approach lanes in a single direction install advance stop lines and “Stop Here for
Pedestrians” (R1-5) signs.
• Consider adding curb extensions if on-street parking exists and storm drainage can be
accommodated.
• If pedestrian volume falls above the RRFB limit line on Figure 3, go to Crossing Type E.
Crossing Type E:
• Crossing has 3 or more through lanes in a given direction or is otherwise not suitable for an
uncontrolled marked crosswalk.
• Consider HAWK beacon, pedestrian traffic signal, or grade-separated pedestrian crossing.
• Refer to Figure 3 when considering crossing treatment type.
• Must consider corridor signal progression, grades, physical constraints, and other engineering
factors.
2.2.2 Minimum Vehicle Volume for Treatments
Recognizing the limited availability of resources to implement crossing treatments within the City,
crossing treatments should generally not be installed at locations where the ADT is lower than 1,500
vehicles per day. Treatments for roadways with greater than 1,500 vehicles per day should be installed
based on the criteria in Figure 1 Figure 2, Table 1, and the information in Figure 3 (a or b depending on
the speed limit).
Exceptions to the minimum vehicle volume threshold may be granted for locations that provide access to
a regional trail, transit station, school, or park.
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2.2.3 Minimum Pedestrian Volume for Treatments at Uncontrolled Crossing Locations
The City of Boulder, CO evaluated crosswalk enhancements at uncontrolled crossing locations over the
years and determined there is a clear relationship between driver compliance (yielding) and the
pedestrian and/or bicycle crossing volume. Data collected at crosswalks where rectangular rapid flash
beacon signs (RRFB) or State Law-Yield signs were installed showed that driver compliance typically
increased with higher crossing volumes. They theorized the primary reason for this relationship was that
drivers tend to ignore enhanced crossing treatments over time at locations where they infrequently see
pedestrians crossing. The following graphs illustrate this relationship:
The above data also illustrated that, below roughly 20 pedestrians per hour, driver compliance decreased
significantly. Thus, the base threshold for consideration of an enhanced crossing treatment at an
uncontrolled location is 20 pedestrians per hour. This threshold is consistent with recent national
guidance and policies adopted by other states and cities, as determined through literature research.
The Minimum Pedestrian Volume Thresholds are as follows:
- 20 peds per hour* in any one hour, or
- 18 peds per hour* in any two hours, or
- 15 peds per hour* in any three hours
* Young, elderly, and disabled pedestrians count 2x towards volume thresholds
Exceptions to the minimum pedestrian volume threshold may be granted for locations that provide
access to a regional trail, transit station, school, or park.
2.2.4 Definition of a Pedestrian Median Refuge and Minimum Median Refuge Width
A pedestrian refuge median is a useful tool in increasing the safety and efficiency of a pedestrian
crossing, and the presence (or not) of a median refuge will influence the type of pedestrian crossing
treatment that can be considered (see Table 1). In this context a pedestrian refuge median is defined as
a location in the middle of a pedestrian crossing where a pedestrian can take refuge, thereby separating
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their crossing into two steps, across each direction of approaching traffic separately. Separating the
crossing into two directional crossings greatly increases the number of acceptable gaps for pedestrians
to safely cross a roadway. A pedestrian refuge must include some type of raised median as described
below:
• A painted center median or a painted turn lane is not considered a pedestrian refuge.
• A raised median nose at an intersection (next to a left turn bay for example) can only be
considered a pedestrian refuge for the adjacent crosswalk if the median is at least 4 feet wide.
Additional median width is always desired, especially if left turn volume is greater than 20
vehicles per hour.
• A raised median at a mid-block pedestrian crossing can only be considered as a refuge if it is
at least 6 feet wide and includes curb ramps or a walkway at grade through the median.
2.2.5 Distance to Nearest Marked or Protected Crossing
The Uncontrolled Pedestrian Crossing Treatment Flowchart in Figure 1 includes consideration of spacing
criteria for an uncontrolled crossing to the nearest marked or projected crossing. The flowchart requires
that a new uncontrolled mid-block crossing be at least 300 feet from the nearest crossing. However, the
flowchart allows this spacing criteria to be waived if the proposed crossing serves a multi-use path, or the
pedestrian crossing volume exceeds twice the minimum threshold.
As with this entire City of Eden Prairie Pedestrian Crossing Treatment Guidelines, this criteria is also
subject to engineering judgment. In urban conditions where typical block length is 400 feet, the engineer
may want to consider allowing a minimum spacing of 200 feet, provided that the resultant pedestrian
crossing:
• Does not cross any auxiliary lanes (left or right turn lanes or their transitions) where it is
anticipated that vehicles will be changing lanes and may be distracted from observing
pedestrians in the crosswalk
• Is not in an intersection influence area where it will create undue restriction to vehicular traffic
operations.
2.2.6 Conditions That May Limit the Use of Rectangular Rapid Flash Beacons at Pedestrian
Crossings
Pedestrian actuated rectangular rapid flash beacons (RRFBs) are routinely used at pedestrian crossings
on four lane roadways, and these “flashing signs” have greatly increased motorist yielding to pedestrians
at these unsignalized crosswalks. However, RRFBs may not be appropriate in locations where there is a
combination of both high traffic volumes and high pedestrian volumes. In these extreme conditions there
may be an increase in traffic accidents and/or traffic delay that make the use of RRFBs inappropriate. In
these cases, the use of conventional pedestrian traffic signals or the HAWK signals may be more
appropriate.
While the decision not to use RRFBs at a pedestrian crossing should be based on engineering judgment,
the limit line in Figure 3 has been prepared to aid in this determination.
2.2.7 Selecting Between a Pedestrian Traffic Signal, HAWK Beacon, or RRFBs
Pedestrian traffic signals may be considered for application at high volume pedestrian crossings based
on engineering judgment. The MUTCD contains warranting procedures for conventional pedestrian traffic
signals based on automobile and vehicle traffic volumes to help determine if a pedestrian signal is
appropriate. These signals are typically considered when there are over 130 pedestrians an hour
crossing a roadway.
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Hybrid Beacons (HAWK beacons) may also be considered and the MUTCD contains warranting
guidelines that utilize automobile traffic, pedestrian traffic, automobile speeds, and pedestrian crossing
distance. HAWK beacons may be installed where the crossing volume is as low as 20 pedestrians per
hour, depending on the crossing distance, automobile traffic volume, and engineering judgment.
RRFBs can successfully increase motorists yielding to pedestrians at unsignalized crossings, typically
where there are two travel lanes in each direction. A minimum crossing volume of 20 pedestrians per
hour is typically required, as discussed in Section 2.2.3. However, also as noted in Section 2.2.6, there
may be cases where the combination of high pedestrian and traffic volumes may make application of
RRFBs inappropriate. Figure 3a and Figure 3b illustrate City of Eden Prairie recommendations for the
use of RRFBs overlain on the MUTCD Hawk beacon and Pedestrian Traffic Signal warrant guidelines.
In many cases, either HAWK beacons or RRFBs could be considered for application, and the final
decision should be based on engineering judgment. Factors that should be considered include:
automobile, bicycle and pedestrian volumes, vehicular speeds, crossing distances, the presence of a
median or not, potential impact to corridor signal progression, proximity to signalized intersection, and
vehicle queue formation.
2.2.8 Signal Progression and Traffic Operational Considerations
The installation of RRFBs, HAWK beacons, or pedestrian traffic signals can all have a significant impact
on the automobile traffic operation in a corridor. The automobile and pedestrian crossing volumes, the
spacing to the adjacent signalized intersections, the type of pedestrian population (college students,
elementary students, elderly, a mix) should all be considered when selecting the crossing treatment type
and how it will be operated. Where practical, HAWK beacons and pedestrian traffic signals should be
coordinated with the signal progression in the corridor to minimize the impact of the new traffic signal on
corridor traffic flow. However, coordinated signals may be less responsive to pedestrian actuation, and
the delay in pedestrian service may result in some pedestrians crossing against the signal rather than
waiting. Not coordinating the pedestrian crossing signals may result in unacceptable increases in
automobile congestion and delay.
RRFBs used at high volume pedestrian crossings in congested roadway corridors can also have a
significant impact on automobile congestion and compromise effective signal progression. The RRFB
limit line in Figure 3a and 3b can help minimize this problem.
Once again, engineering judgment will need to be applied to reach the best compromise for all involved.
2.2.9 Differential Vehicle Queue Lengths and Pedestrian Safety
A pedestrian crossing of a roadway with two or more lanes in a single direction has the potential for
“multiple threat” type accidents. A multiple threat accident is when one lane of traffic stops for a
pedestrian and obscures the view of the crossing pedestrian to a motorist in the adjacent travel lane. The
result is that a pedestrian can step in front of a vehicle that is approaching too fast to stop. This condition
is exacerbated when there are vehicle queues that back across the pedestrian crossing. If the queue in
one lane backs into the crossing and is much longer than the queue in the adjacent lane, a motorist
would commonly assume that the stopped traffic in one lane is the result of the queuing (which may
usually be the case). Now if a vehicle in one lane stops for a pedestrian, instead of the queue, there is an
even greater chance for a multiple threat accident.
Therefore, it is important for the engineer to be aware of the formation of queues to and across the
pedestrian crossing from a downstream intersection. It is even more important for the engineer to be
aware of routine occurrence of one queue longer than the other across the pedestrian crossing. The
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Operational Observations section of the Crossing Location Evaluation Worksheet has a place to note this
occurrence.
When deciding to install an uncontrolled crossing treatment (or not), the engineer should consider if
differential vehicle queue lengths is an issue, and if so, can they be mitigated (say by signal timing
adjustments at the downstream intersection). If differential queues cannot be minimized, it may be
reason to not install an unprotected crossing treatment (such as Type A, B, or C).
2.2.10 Unmarked Pedestrian Crossing Facilitation
Staff is aware of the fact that there are locations where pedestrians regularly cross arterial roadways, yet
the crossing does not serve a multi-use path, regional trail, transit station, school, or park, and the
pedestrian volume is below the minimum thresholds in Figure 1 for installing the types of marked and
signed treatments detailed in Table 1. These locations typically occur on 4-lane roadways. In some
cases, subject to engineering judgment, it may be appropriate to install treatments that facilitate
pedestrian or bicycle crossings but stop short of the signed and marked crossing treatments defined in
Table 1. This type of treatment or pedestrian facilitation may include curb ramps and/or a raised median
refuge, but no effort is made to attract pedestrians to this crossing. The treatments simply acknowledge
the low volume, but regular pedestrian crossing that occurs at a location. Installing these treatments does
not endorse the use of the crossing nor attempt to attract new users to the crossing. They simply
acknowledge that the crossing is occurring, will not likely go away, and some level of facilitation can
make it safer for the pedestrians or bicyclists that are using the crossing already. The only other option
would be to ignore the crossing, but staff does not believe this is an appropriate response. These
treatments will only be considered if the location is more than 300 feet from the nearest signed and
marked pedestrian crossing (whether it is controlled or uncontrolled), and it is believed that there is little
potential to redirect pedestrians to a more defined crossing location.
2.2.11 Pedestrian Crossing Treatments at Higher Speed Roadways
Even though most Eden Prairie streets have speed limits of 35 mph or less, there are some locations
where speed limits are 40 or 45 miles per hour. In this context, there may be conditions that necessitate
the installation of pedestrian crossings where speeds are higher and special consideration is warranted.
It is recommended that engineering judgment be applied, and consideration be given to providing an
uncontrolled at-grade crossing treatment only if the speed limit can be effectively reduced to 45 mph or
less and a raised refuge median is constructed has part of the crossing treatment.
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Crossing Location Evaluation Worksheet
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Crossing Location Evaluation Worksheet (Continued)
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Figure 1 – Uncontrolled Pedestrian Crossing Treatment Flowchart
(1) Exceptions to the 1,500 vpd minimum roadway volume threshold may be granted for locations that provide access to a regional trail, transit station, school, or park. (2) The Minimum Pedestrian Volume Thresholds:
• 20 peds per hour* in any one hour, or
• 18 peds per hour* in any two hours, or
• 15 peds per hour* in any three hours
* Young, elderly, and disabled pedestrians count 2x towards volume thresholds. Exceptions to the minimum pedestrian volume threshold may be granted for locations that provide access to a regional trail, transit station, school, or park. (3) Refer to note 2 for guidance on reasonable volume thresholds.
(4) Distance to nearest marked or protected crossing may be reduced to 200’ in urban conditions, subject to engineering judgment, where crossing treatments and crossing activity would not create undue restriction to vehicular traffic operations. (5) An “unmarked pedestrian crossing facilitation” is any treatment that improves a pedestrian’s ability to cross a roadway, short of the marked, signed, and enhanced crossings detailed in Table 1. Installation of this type of pedestrian facilitation is subject to engineering judgment and may include curb ramps and/or a raised median refuge. However, no effort is made to attract pedestrians or recommend that pedestrians cross at this location. The treatments simply provide an improvement for a low volume pedestrian crossing where pedestrians are already crossing and will continue to cross.
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Figure 2 – Controlled Pedestrian Crossing Treatment Flowchart
(1) Exceptions to the 1,500 vpd minimum roadway volume threshold may be made for locations that provide access to a regional trail, transit station, school, or park. (2) The Minimum Pedestrian Volume Thresholds:
• 20 peds per hour* in any one hour, or
• 18 peds per hour* in any two hours, or
• 15 peds per hour* in any three hours * Young, elderly, and disabled pedestrians count 2x towards volume thresholds. Exceptions to the minimum pedestrian volume threshold may be granted for locations that provide access to a regional trail, transit station, or park.
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Table 1 - Criteria for Crossing Treatments at Uncontrolled Locations
Roadway Configuration
# of lanes crossed to reach a refuge (1)
# of multiple threat Lanes (2) per crossing
Roadway ADT and Posted Speed
1,500-9,000 vpd (3) 9,000-12,000 vpd 12,000-15,000 vpd >15,000 vpd
< 30 mph 35 mph 40-45 mph < 30 mph 35 mph 40-45 mph < 30 mph 35 mph 40-45 mph < 30 mph 35 mph 40 mph
2 Lanes (one way street) 2 1 A B C A B C B B C B C C
2 Lanes (two-way street with no median) 2 0 A B C A B C B B C B C C
3 Lanes (w/raised median) 1 or 2 0 or 1 B B D B C D B D D C D D
3 Lanes (w/striped median) 3 0 or 1 C C D C C D C C E C D E
4 Lanes (two-way street with no median) 4 2 B D D B D D B D E D D E
5 Lanes (w/raised median) 2 or 3 2 B B D B C D B C E C C E
5 Lanes w/striped median 5 2 D D D D D D D D E D D E
6 Lanes (two-way street with or without median) 3 to 6 4 E E E E E E E E E E E E
Notes: 1. Painted medians can never be considered a refuge for a crossing pedestrian. Similarly, a 4-foot wide raised median next to a left turn lane can only be considered a refuge for pedestrians if the left turning volume is less than 20 vehicles per hour (meaning that in most cases the left turn lane is not occupied while the pedestrian is crossing). 2. A multiple threat lane is defined as a through lane where it is possible for a pedestrian to step out from in front of a stopped vehicle in the adjacent travel lane (either through or turn lane). 3. Additional treatments may be considered if suitable gaps in traffic for safe crossing are not available.
Treatment Descriptions
A
Install marked crosswalk with roadside signs. Specific Guidance: Install marked crosswalk and pedestrian warning signs (W11-2) mounted on the side of the roadway at the crossing, with diagonal down arrow placards (W16-7P). Consider pedestrian warning signs (W11-2) mounted in advance of the crossing, with ahead placards (W16-9P). If the location is a school crossing, then standard S1-1 signs should be used with arrow and ahead placards.
B
Install marked crosswalk with roadside and in-roadway signs. Specific Guidance: Same as Type A above, plus install “State Law – Stop for Pedestrian” (R1-6) signs mounted on flexible bollards on centerline (if no median present) or mounted on signs in the median (if median is present).
C
Install marked crosswalk with signs and geometric improvements to increase pedestrian visibility and reduce exposure. Specific Guidance: Same as Type B above, plus install neckdowns (curb extensions) and/or median refuge island to shorten the pedestrian crossing distance and increase the visibility of pedestrians to approaching motorists.
D
Install marked crosswalk with roadside signs, pedestrian activated Rectangular Rapid Flashing Beacons (RRFBs), and geometric improvements to increase pedestrian visibility and reduce exposure. Specific Guidance: Same as Type A above, plus install raised median refuge island to shorten the pedestrian crossing distance and increase pedestrian visibility to motorists. If a median refuge cannot be constructed on a two-way street, go to Treatment E. Install pedestrian actuated Rectangular Rapid Flash Beacons (RRFBs). If there are 2 approach lanes in a single direction install advance stop lines and “Stop Here for Pedestrians” (R1-5) signs. Consider adding curb extensions if on-street parking exists and storm drainage can be accommodated. If pedestrian volume falls above the RRFB limit line on Figure 2, go to Crossing Type E.
E
Do not install marked crosswalk at uncontrolled crossing. Consider HAWK beacon, pedestrian traffic signal, or grade-separated crossing. Specific Guidance: Consider HAWK beacon, pedestrian traffic signal or grade-separated crossing; application of these treatments will consider, corridor signal progression, existing grades, physical constraints, and other engineering factors.
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Figure 3a - Guidelines for the Installation of Pedestrian Hybrid (HAWK) Beacons, Pedestrian
Signals, or Rectangular Rapid Flashing Beacon (RRFB) Signs on Low-Speed Roadways
Figure 3b - Guidelines for the Installation of Hybrid (HAWK) Beacons, Pedestrian Signals, or
Rectangular Rapid Flashing Beacon (RRFB) Signs on High-Speed Roadways
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3.0 SUPPLEMENTAL POLICIES
This section contains discussion of supplemental policies to guide the installation of crossing treatments
in the City of Eden Prairie.
3.1 Crosswalk Lighting
Research provided by the FHWA recommends that adequate nighttime lighting should be provided at
marked crosswalks to enhance the safety of pedestrians crossing at night. Crosswalk lighting will be
provided at all crosswalks utilizing traffic signals, HAWK beacons and RRFBs. Crosswalk lighting will be
provided at all other marked crosswalks, unless engineering judgement suggests crosswalk lighting is
not needed. The placement and level of crosswalk lighting will be determined by engineering judgement
at all crossing treatments.
3.2 Avoiding Overuse of Crossing Treatments
The FHWA recommends that overuse of crosswalk markings should be avoided to maximize their
effectiveness. Crosswalks and sign treatments (such as the “State Law – Yield to Pedestrians” and
rectangular rapid flash beacon signs) should be used discriminately within the City of Eden Prairie so that
the effectiveness of these treatments is not deteriorated by overuse. Although these treatments may be
effective at individual locations, overuse of these treatments city-wide may lead to a decrease in their
value as drivers become desensitized to them. Minimum pedestrian and vehicular volume criteria have
been established in this document with this in mind.
3.3 Multi-Use Path Crossings
Crossing locations where a multi-use path crosses a roadway should include a marked and signed
crosswalk at a minimum, regardless of pedestrian crossing volumes, as long as the minimum vehicular
volume criteria in Section 2.2.2 is satisfied. This policy is to promote the use of multi-use paths
recognizing that roadway crossings often create barriers for pedestrians and bicyclists and may
contribute to a lack of use.
3.4 Textured and Colored Pavement Treatments
Textured, brick, and/or colored pavement treatments should typically not be used in lieu of a marked
crosswalk. When such treatments are used they are often aesthetic and not considered traffic control
devices. Retroreflective pavement markings are required at any location serving as a marked crosswalk.
Exceptions are granted for signalized intersection crossings, right-turn bypass (raised) crossings, and for
multi-use path crossings at driveways and unsignalized intersections where the City has developed other
treatments designed to call attention to the crossings.
3.5 Accessible Crosswalks
It is the goal of the City of Eden Prairie that all crosswalks installed will comply with the Americans with
Disabilities Act (ADA) to maximize mobility for all users. Where a new crosswalk is installed in a curbed
roadway, curb ramps will include a detectable warning surface. The City intends to retrofit existing non-
ADA compliant curb ramps with detectable warning surfaces as part of its on-going sidewalk
maintenance program.
3.6 Raised Crossings at Right-Turn Bypass Islands
Raised pedestrian crossings at right-turn bypass islands meet the goals of these guidelines by improving
visibility for pedestrians, improving accessibility, and helping to mitigate the speed of right-turning vehicle
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traffic. City staff will review all new or proposed right-turn bypass movements to determine if a raised
crossing should be installed. If deemed feasible, a raised crossing will be incorporated into the design.
3.7 Removal of Treatments
Conditions that contribute to the need for a crosswalk or crossing treatments may change over time, and
an existing crosswalk or treatment may no longer be needed. When a roadway surface is to be impacted
by reconstruction or resurfacing, a review of any unprotected crosswalks should be performed to
determine their use and need. If the use of a crosswalk is less than half of that which would be required
for it to be warranted based on the criteria established in these guidelines for a new installation, the
crosswalk should not be replaced when the construction or resurfacing is done and any other treatments
will be removed. In such cases, residents and property owners within 1000’ of walking distance to the
crosswalk in question will be notified via mail. In addition, notices will be visibly posted for 30 days prior
at the crossing location to inform the public of the intent to remove them. City contact information will be
provided on these mailings and notices. Should concerns arise from the public as a result of that mailing
or from the notification sign at the crosswalk, staff may then begin a more substantial public process with
concerned parties.
3.8 Advance Pedestrian Warning Signs
The warning sign predominantly used to warn motorists of possible pedestrian conflicts is the Advance
Pedestrian Crossing sign (W11-2). This sign should be installed in advance of mid-block crosswalks or
other locations where pedestrians may not be expected to cross. This significantly minimizes their use at
most urban intersections since pedestrian crossings are an expected occurrence. This sign may also be
selectively used in advance of high-volume pedestrian crossing locations to add emphasis to the
crosswalk. The advance pedestrian crossing sign provides more advance warning to motorists than
crosswalk markings.