HomeMy WebLinkAboutCity Council - 12/05/2023
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, DECEM ER 05, 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. STATE LEGISLATIVE DELEGATION DISCUSSION WITH SENATOR
CWODZINSKI, REPRESENTATIVE KOTYZA-WITTHUHN, AND
REPRESENTATIVE PRYOR
Open Podium - Council Chamber (6:30) II. OPEN PODIUM
III. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, DECEMBER 05, 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. ACCEPT DONATIONS FROM SPARK OF EDEN PRAIRIE AND ELIM SHORES FOR 2024 SENIOR CENTER SPECIAL EVENTS (Resolution)
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, NOVEMBER 14, 2023
B. CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 14, 2023
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST
B. APPROVE SECOND READING OF ORDINANCE TO ADOPT TENANT PROTECTIONS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE
C. APPROVE SECOND READING OF ORDINANCE TO AMEND CITY
CODE, CHAPTER 11 RELATED TO REFORMATTING ZONING CODE REGULATIONS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE
D. APPROVE SECOND READING OF ORDINANCE TO AMEND CITY CODE CHAPTER 11.70 SIGN REGULATIONS AND ADOPT
CITY COUNCIL AGENDA December 05, 2023
Page 2
RESOLUTION APPROVING SUMMARY ORDINANCE
E. ADOPT RESOLUTION ACCEPTING DONATIONS AND IN-KIND CONTRIBUTIONS
F. ADOPT RESOLUTION SUPPORTING APPLICATION TO DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) JOBS CREATION FUND (JCF) FOR NVE CORPORATION
G. ADOPT RESOLUTION APPROVING APPRAISAL VALUES FOR THE W 70TH STREET IMPROVEMENT PROJECT
H. ADOPT RESOLUTION APPROVING APPRAISAL VALUES FOR THE PRAIRIE CENTER DRIVE AND FRANLO ROAD INTERSECTION IMPROVEMENT PROJECT
I. AWARD CONTRACTS FOR 24-6253.1 WATER TREATMENT CHEMICALS FOR 2024 AS INDICATED IN ATTACHED RECOMMENDATION OF AWARD
J. AWARD CONTRACT FOR POND IMPROVEMENTS (POND 25-34-A AND 14-23-A) PROJECT TO FITZGERALD EXCAVATING AND TRUCKING INC.
K. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC FOR CONSTRUCTION ADMINISTRATION FOR POND
IMPROVEMENTS PROJECT
L. APPROVE COOPERATIVE SERVICE AGREEMENT WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOR 2023-2024 DEER
MANAGEMENT SERVICES
M. APPROVE ONE YEAR COMMUNITY GARDEN PLOTS LEASE
AGREEMENT WITH THE METROPOLITAN AIRPORT COMMISSION (MAC)
N. AUTHORIZE AGREEMENT FOR PROFESSIONAL SERVICES FOR DESIGN AND CONSTRUCTION DOCUMENTS WITH STANTEC CONSULTING SERVICES FOR THE CONSTRUCTION OF A NEW RETAINING WALL AT THE RICHARD T. ANDERSON CONSERVATION AREA
O. AUTHORIZE AGREEMENT FOR PROFESSIONAL SERVICES FOR DESIGN AND CONSTRUCTION DOCUMENTS FOR THE
REHABILITATION OF THE WEST BLUFF OVERLOOK TRAIL AT THE RICHARD T. ANDERSON CONSERVATION AREA
P. APPROVE CIP PURCHASE OF NORDIC PATROL PERSONAL
PROTECTIVE EQUIPMENT AND ACCESSORIES
CITY COUNCIL AGENDA December 05, 2023
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Q. APPROVE RENEWAL OF TOWING SERVICES AGREEMENT BETWEEN CITY OF EDEN PRAIRIE AND ALLEN’S SERVICE INC, DBA MATT’S AUTO SERVICE
R. AWARD CONTRACT FOR FINANCIAL ADVISORY SERVICES TO EHLERS
S. ADOPT UPDATED CAPITAL ASSET POLICY
IX. PUBLIC HEARINGS / MEETINGS
A. CREW CARWASH by Crew Carwash. Resolution for a PUD Concept Plan Review on 1.35 acres and First Reading of Ordinance for a PUD District Review with Waivers on 1.35 acres. (Resolution for PUD Concept Plan Review and Ordinance for a PUD District Review with Waivers)
B. ADOPT RESOLUTION SUPPORTING APPLICATION TO DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) MN INVESTMENT FUND (MIF) FOR NVE CORPORATION
C. ADOPT RESOLUTION CERTIFYING 2024 PROPERTY TAX LEVY, ADOPTING 2024 BUDGET, AND APPROVING 2024 HRA TAX LEVY
D. APPROVE FIRST AND SECOND READINGS OF ORDINANCE UPDATING 2024 FEE SCHEDULE FOR ADMINISTRATION OF
OFFICIAL CONTROLS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE
E. ADOPT 2024 FEE RESOLUTION FOR CITY SERVICES
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
CITY COUNCIL AGENDA December 05, 2023
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E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
UNAPPROVED MINUTES HOUSING AND REDEVELOPMENT AUTHORITY
TUESDAY, SEPTEMBER 5, 2023 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road
HOUSING AND REDEVELOPMENT AUTHORITY MEMBERS: Chair Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, City Attorney Maggie Neuville, Community
Development Director Julie Klima, and Finance Manager Tammy Wilson
I. ROLL CALL / CALL THE HRA MEETING TO ORDER Chair Case called the meeting to order at 7:01 PM. All HRA members were present. II. APPROVE MINUTES OF HRA MEETING HELD ON APRIL 4, 2023 MOTION: Toomey moved, seconded by Freiberg, to approve the HRA minutes from April 4, 2023. Motion carried 5-0.
III. ADOPT RESOLUTION 2023-02 APPROVING THE PROPOSED 2024 PROPERTY TAX LEVY AND ACCEPTING THE PROPOSED 2024 BUDGET Getschow explained Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. The HRA must adopt a proposed net property tax levy by September 30
and certify it to the county auditor. Per Minnesota Statute, Housing and Redevelopment Authorities can levy a tax of up to 0.0185 percent of estimated market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is $2,494,833. MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution HRA No. 2023-02 approving the proposed 2024 property tax levy to be $210,000 and accept the proposed 2024 budget of $210,000. Motion carried 5-0. IV. ADJOURNMENT
MOTION: Freiberg moved, seconded by Toomey, to adjourn the HRA meeting. Motion carried 5-0. Chair Case adjourned the meeting at 7:07 PM.
HOUSING AND REDEVELOPMENT AUTHORITY
AGENDA
DATE:
Dec. 5, 2023
DEPARTMENT / DIVISION:
Tammy Wilson
Administration / Finance
ITEM DESCRIPTION:
Resolution Approving the 2024 HRA Property Tax Levy and Accepting the 2024
HRA Budget
HRA ITEM NO.:
III.
Requested Action Move to: Adopt resolution certifying the 2024 HRA Property Tax levy to be $210,000 and approving the 2024 HRA Budget of $210,000 as reviewed by the Council.
Synopsis On September 5, 2023 the HRA approved the proposed 2023 HRA property tax levy and budget. Also on September 5, 2023, the Eden Prairie City Council adopted resolutions consenting and
approving the proposed 2024 HRA property tax levy and budget. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA.
Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
HOUSING AND REDEVELOPMENT AUTHORITY H.R.A. RESOLUTION NO. 2023-__
A RESOLUTION APPROVING THE HRA 2024 PROPERTY TAX LEVY AND ACCEPTING A PROPOSED BUDGET FOR GENERAL OPERATIONS WHEREAS, the Housing and Redevelopment Authority of the City of Eden Prairie has
reviewed the proposed 2024 budget and tax levy; and
WHEREAS, the Housing and Redevelopment Authority has decided to accept these recommendations.
NOW, THEREFORE, BE IT RESOLVED that the Housing and Redevelopment Authority:
1. Approves the following proposed taxes on real and personal property within the City of Eden Prairie for the 2024 budget contingent upon City Council approval.
Levy on Tax Capacity $210,000
2. Approves the 2024 proposed budget totaling $210,000 at this time.
ADOPTED by the Housing and Redevelopment Authority on December 5, 2023.
_______________________________
Ronald A. Case, Chair
ATTEST: SEAL
_____________________________
Rick Getschow, Executive Director
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
Dec. 5, 2023
DEPARTMENT / DIVISION:
Amy Markle, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Spark of Eden Prairie and Elim Shores towards Senior Center Special Events
ITEM NO.:
IV.A.
Requested Action
Move to: Adopt Resolution accepting the donation of $250 from Spark of Eden Prairie and
$500 from Elim Shores towards 2024 Senior Center special events. Synopsis
Donations such as this allow the Senior Center to offer special events at low or no cost to
residents. The donation from Spark of Eden Prairie is split amongst the following: January Bingo $50 December Bingo $50 Veterans Breakfast $150
The donation from Elim Shores is split amongst the following: Shred Truck $200 Summer BBQ $100 Golf Classic $100
Senior Awareness Month $50
December Bingo $50 Background
The Eden Prairie Senior Center, when fully operational, generates several hundred visits per
week for drop-in programs, enrichment classes, fitness opportunities and social events. Prior to the pandemic, participation had shown significant annual growth and the community’s use of this resource is expected to continue to increase in the coming years.
The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational,
psychological, and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-___ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $250 from Spark of Eden Prairie and $500 from Elim Shores to be used towards various 2024 Senior Center special events is hereby recognized and accepted by the
Eden Prairie City Council.
ADOPTED by the City Council of the City of Eden Prairie this 5th day of December, 2023.
___________________________ Ronald A. Case, Mayor
ATTEST:
___________________________ David Teigland, City Clerk
UNAPPROVED MINUTES 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
Getschow introduced the workshop topic, Enterprise Funds. These funds are not funded by property
taxes but are still included in the overall budget. Council will adopt the 2024 and 2025 budget in
December. Getschow introduced Tammy Wilson, Finance Manager, to give an overview of the
water, wastewater, and stormwater enterprise fund budgets for 2024 and 2025. Wilson noted the
goals of the utility system are to deliver a safe and reliable water supply, provide the safe collection
and removal of wastewater, and deliver a stormwater system that protects property, people, and the
environment. The utility aims to provide these services on a reasonable rate structure that promotes
water conservation.
Wilson noted engineering consultant firm Advanced Engineering and Environmental Services (AE2)
completes a utility rate survey of Minnesota metro area cities annually. The City’s rates are in the
lower half of surveyed cities. The City softens water, which is not done in all cities. If the cost of
softening water is factored into rates, the City would have the second lowest rates of 13 metro area
cities. Case noted there are other variables in funding a utility outside of water rates, including Water
Access Charges and Sewer Access Charges. The City invested in its utility infrastructure in the
1990s and the debt has been paid off for many years.
Wilson stated AE2 completed a utility rate study for the City for the first time in 2013, and again in
2022. AE2 projected the City’s revenue and expenses for 10 years to calculate what rates should be
set at. Based off this utility rate study the City is proposing a three percent rate increase for 2024 and
2025. Narayanan inquired how this increase compares to surrounding cities. Ellis noted a three
percent increase is competitive in an inflationary market. Two neighboring cities are anticipating six
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to eight percent increases in 2024 and 2025. Wilson stated operating results are consistent with the
rate study. Water consumption was slightly higher due to drought conditions in the summer.
Narayanan asked if the City is utilizing more water per person than comparable Cities. Ellis
responded the City uses between 82 and 85 gallons of water daily per person. This is comparable
with Bloomington, Minnetonka, and Edina. Cities like Minneapolis and St. Paul use between 60 and
70 gallons of water daily per person due to smaller yards that need less irrigation.
Narayanan asked what the driver for the three percent rate increase is. Wilson stated the driver is
mainly increases in wages and benefits. Case noted although the utility brings in more revenue
during drought years, high water usage is in contrast with the City’s goal of promoting water
conservation. Wilson stated it is correct the utility brings in more revenue during dry years, but costs
are higher from treating the larger volume of water.
Wilson stated water operating revenue is budgeted to increase three percent in 2024 and 2025. The
City budgets based off an average rainfall year, not a dry year. Expenses are budgeted at $8.2 million
in 2024 and $8.3 million in 2025. Wages and benefits comprise a large portion of the increase, along
with the higher cost of electricity, gasoline, vehicles, and property insurance. Wilson stated expenses
fluctuate year to year due to capital outlay projects. Removing depreciation, the water utility would
have a positive operating income. Case asked if the City will see long term savings from switching
to electric vehicles. Ellis noted most utility vehicles are pickup trucks which do not currently have a
viable electric alternative. Nelson asked if there will be an electric pickup vehicle in the next three to
five years. Ellis stated prototypes are being discussed, but according to sales contacts an electric
pickup truck is still a few years away.
Wilson stated wastewater operating revenue is budgeted at a three percent increase in both 2024 and
2025. Expenses are budgeted at $6.8 million for 2024 and $7.1 million for 2025. Wages and benefits
comprise a large portion of the increase, along with higher Metropolitan Council Environmental
Services (MCES) fees. Getschow noted MCES treats the City’s wastewater and is the largest
expense for the wastewater fund. Narayanan asked how MCES sets rates. Getschow answered
MCES sets their budget ahead of time and communicates expected cost to each City. Case asked if
all Cities allocate wages and benefits for utility employees to utility funds. Getschow stated that is a
public accounting standard all Cities must follow. Wilson displayed a chart of annual MCES charges
since 2015. Charges increased between 2016 and 2019, decreased in 2020 and 2021, and are now
increasing again. Case asked why MCES charges would decrease. Ellis answered mainly a reduction
of inflow and infiltration.
Wilson stated the stormwater operating revenue is budgeted at a three percent increase in both 2024
and 2025. Expenses are budgeted at $1.8 million in 2024 and $1.6 million in 2025. Contractual
services in 2025 are decreasing due to bi-annual costs in 2024 associated with studying ponds and
watershed outlet monitoring programs. Case noted Cities have invested in differing levels of
stormwater capital infrastructure such as curb and gutter. Cities that do not have curb and gutter and
other stormwater capital infrastructure investments have lower expenses, and therefore are able to set
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stormwater rates lower. Ellis stated while most cities do have a dedicated stormwater utility fund,
some cities choose to fund stormwater infrastructure through property taxes or other mechanisms.
Cities that have a stormwater utility fund do a better job at maintaining stormwater infrastructure.
Case stated there are differences in stormwater infrastructure in first-, second-, and third-ring
suburbs due to the 1991 Wetlands Conservation Act. Suburbs that built stormwater infrastructure
prior to the act must retrofit their stormwater infrastructure to comply. Getschow added Cities such
as Minneapolis and St. Paul have stormwater funds to provide a dedicated funding source to retrofit
infrastructure.
Nelson inquired if there are any areas within the City lacking sufficient stormwater infrastructure.
Ellis stated the City has been developed under adequate flood control standards. Water quality
requirements are evolving to this day. Infiltration requirements, where water infiltrates into the
ground to remove pollutants, have been implemented in the past five years. Today’s development
projects leave stormwater much cleaner than projects from ten years ago. 80 to 90 percent of the City
has some type of stormwater treatment in effect.
Wilson explained there is a fund balance policy for all enterprise funds. 90 days of operating
expenses, the following year’s debt service payment, any SAC and WAC collected, and two years of
capital expenses are set aside for the next year to ensure the utility is properly funded. All utility
funds currently meet or exceed the fund balance policy. The fund balance will be used to pay for
upcoming utility projects including repairs to existing wells, a high service pump room upgrade,
maintenance for additional lift stations, and sewer and storm infrastructure on Dell Road.
Narayanan inquired if the City has a safe and reliable water source. Ellis confirmed the City does.
Case noted terroristic threats have been made against water systems of other Cities. Ellis noted
Utility Operations Manager Rick Wahlen is a retired Colonel in the military with experience in
cyberwarfare with the Department of Homeland Security. The City’s water system is secure and
isolated. Case noted any one of the hundreds of wells drawing from the Prairie du Chein aquifer
could contaminate it. Ellis stated the City’s water is not coming from the City itself, but from
communities farther northwest. The City is completing a pilot project with the Metropolitan Council
to create communal wellhead protection plans to protect source water. Case inquired what the
recharge rate is for the aquifer. Ellis stated recent infiltration standards are helpful to replenish the
aquifer. The aquifer does decline during periods of drought, but during periods of heavy
precipitation it rebounds. The City is out of the recent exceptional drought. Narayanan noted
cybersecurity is of utmost importance for the City.
Jaime Urbina, Liquor Operations Manager, gave a brief history of Eden Prairie Liquor. There are
three liquor stores within the City. The goals of the liquor operation include controlling alcohol sold
in the City, maximizing profit to support the Capital Maintenance and Reinvestment Fund, providing
great service to community and customers, and engaging in the community. Sales are up one percent
from last year. Sales have increased annually since 2017, the largest increase occurred in 2020. 2024
is projected to have the highest sales volume in operational history. The current priorities of EP
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Liquor include customer retention, employee product knowledge, advertising and electronic
marketing, and events. EP Liquor hosts Sip & Learn events to educate customers, a Happy Hour 4
Hunger event that donates ticket sale proceeds to People Reaching Out to People (PROP), an annual
dollar drive, wine club, and holiday showcases. Narayanan inquired if EP Liquor delivered. Urbina
noted EP Liquor does not currently deliver but is looking at implementing delivery in 2024.
Urbina explained operating revenue is budgeted to increase 0.8 percent in 2024 and 3.1 percent in
2025. Expenses are budgeted to increase one percent in 2024 and three percent in 2025. Wages and
benefits are the largest portion of expenses, followed by building rent, bank and credit card fees, and
contractual services. Freiberg asked if credit card fees have increased. Urbina stated fees have
remained steady and are more favorable with a higher volume of transactions. EP Liquor is on track
to transfer $800,000 into the Capital Maintenance and Reinvestment Fund in 2023. Freiberg inquired
if Sunday has helped overall sales. Urbina noted Sunday has added operating cost, but he would be
hesitant to close on Sunday due to the added convenience factor for customers. Christmas Eve and
New Years Eve are both on Sunday in 2023, which may impact sales.
Urbina noted EP Liquor recently administered a customer satisfaction survey. The percentage of
customers who feel prices are too high continues to decrease, and the percentage of customers who
feel prices are average or a good deal continues to increase. Customers rate customer service,
selection, and pricing as important factors when choosing a liquor store. The net promoter score for
EP Liquor is 52, which is higher than the average retail net promoter score of 35. Narayanan asked if
EP Liquor sells cannabis. Urbina clarified EP Liquor sells THC beverages. Narayanan asked if there
is any plan for EP Liquor to open a dispensary. Urbina responded dispensaries wouldn’t be an option
until 2025. Getschow added Council will be voting on city code governing dispensaries, the City
will be regulating them, and choosing up to five dispensaries. Nelson asked what the EP Liquor
profit that is not transferred into the Capital Maintenance and Reinvestment Fund is used for.
Getschow stated it is used for projects such as upgrading lighting to LED.
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
a. WARREN LOKEN, FLYING CLOUD AIRPORT NOISE
Warren Loken, 9873 Bennett Place, stated he and his neighbors have concerns with the amount
of noise generated by flight schools at Flying Cloud Airport. There has been a significant
increase in flight school activity between the hours of 6:30 a.m. and 9:30 p.m. seven days a
week. Training flights perform repetitive touch and go activities in a constant, consistent route.
The high volume of activity is causing visual and environmental pollution. Loken had previously
brought this message to the Flying Cloud Airport Advisory Commission (FCAAC) without
noticeable change. Loken’s neighborhood group is planning on canvassing surrounding
neighborhoods to build support, organize individuals to call the Metropolitan Airport Council
(MAC) and the flight schools themselves, and attend FCAAC and MAC meetings. Nelson
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encouraged Loken and his neighbors to apply to serve on the FCAAC. Toomey asked if Loken
had noticed an increase in noise since 2020. Loken answered the noise has been consistently
disruptive and is experienced differently by each neighbor. Narayanan asked if Loken and his
neighbors have thought of any solutions. Loken stated his group is still brainstorming potential
solutions and is currently looking for more neighborhood support. Case stated the Federal
Aviation Administration (FAA) and MAC hold most of the power to make changes at the Flying
Cloud Airport. There are several solutions the Council could propose including sending flight
school planes to a nearby rural airport to practice touch and go exercises. Another solution could
be to send a percentage of planes to a higher elevation to increase the amount of time between
each touch and go. The FCAAC isn’t a decision making body but is able to receive information
and report back to the Council. Case encouraged Loken to return to an FCAAC meeting.
III. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, NOVEMBER 14, 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 Amy Markle, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER
Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. LIFESAVING RECOGNITION FOR FAMILY OF LANI LOVAS
Police Chief Matt Sackett and Fire Chief Scott Gerber recognized 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. Chief Gerber introduced the family and some of
the first responders involved in the call. Chief Sackett presented the family with an award. Chief Gerber added first responders would receive pins as well.
B. 2023 SUSTAINABLE EDEN PRAIRIE AWARDS
Isaac Hepper introduced himself as a Student Member of the Sustainability Commission. Rylee Brazil, Student Member of the Sustainability Commission, explained 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. Alyssa Ehler introduced herself as a Student Member of the Sustainability
Commission. Sophie Cain, Student Member of the Sustainability Commission, introduced Rustic Hills Garden Co. as the recipient of the 2023 Sustainable Eden Prairie Award in the landscape category. They provided details about the efforts
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of the award recipient. Lilli Tempe introduced herself as a Student Member of the Sustainability
Commission. Lucy Dowdal-Osborn, Student Member of the Sustainability
Commission, introduced Lori Tritz as the recipient of the 2023 Sustainable Eden Prairie Award in the water category. They provided details about the efforts of the award recipient.
Roshan Gurumurthy introduced himself as a Student Member of the Sustainability
Commission. Pranav Narayanan, Student Member of the Sustainability Commission, introduced SunOpta as the recipient of the 2023 Sustainable Eden Prairie Award in the energy category. They provided details about the efforts of the award recipient.
Kate Ropchak introduced herself as a Student Member of the Sustainability Commission. Keerti Tumu, Student Member of the Sustainability Commission, introduced Dick Rawlings as the recipient of the 2023 Sustainable Eden Prairie Award in the waste category. They provided details about the efforts of the award
recipient.
Sustainability Commission Chair Aaron Poock thanked the Council and the Commissioners for their time recognizing the 2023 Sustainable Eden Prairie Awards.
C. ACCEPT DONATION FROM EDEN PRAIRIE LIONS FOR FIRE DEPARTMENT AND POLICE DEPARTMENT EQUIPMENT (Resolution No. 2023-105)
Eden Prairie Lions President Louis Wendling presented a check for $16,290 to the Fire Department and Police Department. He thanked the Departments for their dedication to keeping the community safe. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. 2023-105 accepting the donation of $6,000 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 vehicle. Motion carried 5-0. D. ACCEPT DONATION FROM REMAX RESULTS AND PRAIRIE BLUFFS SENIOR LIVING FOR 2024 SENIOR CENTER ACTIVITIES (Resolution No. 2023-106)
Amy Markle explained the donation of $400 from Prairie Bluffs Senior Living is for 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.
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MOTION: Freiberg moved, seconded by Nelson, to adopt Resolution No. 2023-106 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. Motion carried 5-0.
E. PROCLAIM NOVEMBER 25, 2023 SMALL BUSINESS SATURDAY IN EDEN PRAIRIE
Mayor Case read a proclamation is in support of Eden Prairie’s business economy
and urged residents to support small businesses and merchants on Small Business Saturday and throughout the year.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added an item to the Councilmember Report.
MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 17, 2023 B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 17, 2023 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, October 17, 2023, and the City Council meeting held Tuesday, October 17, 2023, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST
B. MISTER CARWASH BY ISG, INC. APPROVE SECOND READING OF ORDINANCE NO. 18-2023-PUD-6-2023 FOR PLANNED UNIT DEVELOPMENT DISTRICT REVIEW WITH WAIVERS ON 1.23 ACRES, RESOLUTION NO. 2023-107 FOR SITE PLAN REVIEW ON 1.23 ACRES (ORDINANCE FOR PUD DISTRICT REVIEW WITH WAIVERS,
RESOLUTION FOR SITE PLAN REVIEW, RESOLUTION NO. 2023-108 FOR CONDITIONAL APPROVAL OF DEVELOPMENT AGREEMENT)
CITY COUNCIL MINUTES November 14, 2023
Page 4
C. BAKER ROAD ASSISTED LIVING BY MICHAEL KNISELY. APPROVE FIRST READING OF AMENDED DEVELOPMENT AGREEMENT (RESOLUTION NO. 2023-109 RESCINDING CONDITIONAL APPROVAL, APPROVAL OF AMENDED DEVELOPMENT AGREEMENT)
D. ADOPT RESOLUTION NO. 2023-110 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
MOTION: Nelson moved, seconded by Freiberg, to approve Items A-K on the Consent Calendar. Motion carried 5-0.
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)
Klima explained the primary purpose of this code amendment is to reformat the City’s zoning code in 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. First is rearranging existing provisions to separate code sections that
are more intuitive for readers of Code to find. The second strategy is creating a series of permitted use tables to add more clarity on what uses are permitted in each zoning district.
There are also two 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
CITY COUNCIL MINUTES November 14, 2023
Page 5
the MN State legislature, these medical cannabis provisions are no longer applicable. The second is amending the Town Center and Transit Oriented Development 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. There were no comments from the audience.
MOTION: Nelson moved, seconded by Naryanan, to close the public hearing, and to approve the First Reading of the Ordinance to reformat and reorganize Chapter 11. Motion carried 5-0.
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)
Klima explained the 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.
There were no comments from the audience. MOTION: Narayanan moved, seconded by Toomey, to close the public hearing,
and to approve the First Reading of the Ordinance to amend the Sign Code. Motion carried 5-0. X. PAYMENT OF CLAIMS
MOTION: Toomey moved, seconded by Freiberg, to approve the payment of claims as
submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS
A. FIRST READING OF ORDINANCE GRANTING TENANT PROTECTIONS
Getschow introduced the item and invited Housing and Community Services Manager Jonathan Stanley to continue the Staff presentation. Stanley explained the Tenant Protection Ordinance (TPO) is proposed to protect
residents of properties meeting the City’s Naturally Occurring Affordable Housing
(NOAH) definition or properties that have aged out of their period of affordability. 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
CITY COUNCIL MINUTES November 14, 2023
Page 6
cause. He noted similar ordinances have been adopted by Bloomington, Edina, and St. Louis Park.
Stanley noted in the region, NOAH and formerly subsidized housing where
affordability requirements have experienced is being lost at a dramatic rate. In Eden Prairie, seven NOAH properties have changed hands since 2015. Without protection, displacement can occur or households can be subjected to a high cost burden. The TPO also provides time for tenants to consider their options and
financial resources.
Stanley stated the TPO would apply if at least 20 percent of tenants have rents affordable to households at or below 80 percent of the area median income. This would be triggered at application for new rental license and the TPO effective
period would be 90 days from the date of approval of the rental license. The TPO
requires immediate notice of sale and ownership intent to tenants and the City. The TPO provides low-income tenants compensation in the form of three months of rent if the TPO is not confirmed with. Stanley pointed out some comparable cities have set the AMI rate at 60 percent instead of the proposed 80 percent.
Case asked how tenants would be made aware of the rights. Stanley stated the responsibility is ultimately on the building owner. There could also be a mail notice and community education efforts completed by the City.
Freiberg asked if other cities are using the 90-day timeline. Stanley stated all
comparable cities are using the 90-day timeline. Nelson asked if the same TPO would apply to the sale of a single-family home that is being used as a rental. Stanley stated the proposed ordinance only applies
to multi-family homes.
MOTION: Freiberg moved, seconded by Nelson, to approve the first reading of a Tenant Protection Ordinance affording low-income tenants of naturally occurring affordable housing and certain multifamily housing developments that were
publicly subsidized but no longer carry affordability restrictions certain
protections after a property sale. Motion carried 5-0. XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS
1. VEHICLE OPERABILITY
CITY COUNCIL MINUTES November 14, 2023
Page 7
Case stated residents have contacted him regarding operable cars. They asked if vehicles that start but don’t have tires are considered operable. They also asked if there is a maximum number of cars allowed at a single-
family home. He asked the Council if they would like to direct Staff to
look into how other cities define and handle similar situations. Freiberg agreed it would be appropriate to direct Staff to look into how other cities define and handle similar situations.
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
Ellis explained 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. He
showed images of various pedestrian crossing options. Case asked if the solar-powered crosswalks would be more cost-effective than wiring regular electricity. Ellis stated the cost would be comparable.
Ellis noted the document summarizes the proposed pedestrian crossing criteria and procedures for evaluating the need for crossing treatments, including a “flowchart” approach and the specific pedestrian crossing treatments that may be applicable for a particular set of pedestrian
volumes, pedestrian types, vehicular volumes, vehicular speeds, and
roadway geometry. Ellis stated the outcomes of the guideline include 170 marked crosswalks with up to 15 possible new locations, four current rectangular rapid
flashing beacons with up to 13 possible new locations, upgrades to many
existing crosswalks including signage, pedestrian refuge islands, and curb extensions. The timing would be with other construction projects but would be completed as the budget allows.
Narayanan asked if there have been any serious vehicle accidents in recent
years. Ellis stated there was a fatality at Hwy 4 and 5 in a crosswalk.
CITY COUNCIL MINUTES November 14, 2023
Page 8
Toomey noted the high-intensity activated crosswalk (HAWK) with the red seems to signify a stop. Ellis confirmed that a car would need to stop at a HAWK pedestrian crossing to check for pedestrians. There would
likely need to be a public awareness campaign before installation, but
there are HAWK crossings in neighboring communities. Nelson stated she appreciates the crosswalk figures and the pedestrian islands, especially for senior citizens.
Freiberg stated the four-way red-light intersections seem to create a lot of confusion, so certain proposed ideas could result in a long learning curve. He thanked Staff for their work.
Narayanan pointed out pedestrian traffic ebbs and flows throughout the
year. F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS
XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Nelson to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 8:07 p.m.
Respectfully submitted,
________________________
Sara Aschenbeck, Administrative Support Specialist
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Dec. 5, 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
2024 Renewal Licenses On-Sale Cocktail Room & Off-Sale Microdistillery
Flying Dutchman Spirits LLC
6081 Flying Cloud Drive On-Sale & Sunday Liquor
& Off-Sale & Sunday Brewpub
Fat Pants Brewing Company LLC DBA: Fat Pants Brewing Company 8335 Crystal View Road
On-Sale Club
Eden Prairie Lions Club Inc DBA: Eden Prairie Lions Club
On-Sale and Sunday Liquor
American Multi-Cinema, Inc DBA: AMC Theatres Eden Prairie 18
Apple Minnesota LLC
DBA: Applebee’s Neighborhood Grill & Bar Bearpath Golf & Country Club, Ltd Ptsp of MN DBA: Bearpath Golf & Country Club
On-Sale and Sunday Liquor (continued)
Bent Creek Golf Club, Inc DBA: Bent Creek Golf Club
Leiserv, LLC
DBA: Bowlero Eden Prairie KZB Hospitality LLC DBA: Brazin Public House
Brick & Bourbon Eden Prairie LLC DBA: Brick & Bourbon BUCA Restaurants 2, Inc
DBA: BUCA di BEPPO
Compass Group USA, Inc DBA: Cafeleven
Famous Craft Concepts LLC
DBA: Champps Crave Hospitality EP, LLC DBA: CRAVE
Eden Prairie Lodging Group LLC DBA: Hilton Garden Inn HP Eden Prairie LLC
DBA: Hyatt Place Minneapolis Eden Prairie
TOG Kona Sushi LLC DBA: Kona Grill
City Council Agenda [December 5, 2023] Clerk’s License Application List
Page 2
On-Sale and Sunday Liquor (continued)
Mi Pueblo Dos, LLC
DBA: Mi Pueblo Mexican Restaurant
Old Chicago Taproom II, LLC DBA: Old Chicago Pizza & Taproom
Olympic Hills Corporation
DBA: Olympic Hills Golf Club Zheng 168, Inc DBA: Osaka
Pizza Luce IX, Inc DBA: Pizza Luce LTF Club Operations Company, Inc
DBA: RARE
Redstone American Grill, Inc DBA: Redstone American Grill
Sonesta International Hotels Corp
DBA: Sonesta Select Minneapolis Tavern 4 & 5 LLC DBA: Tavern 4 & 5
Wildfire Eden Prairie, LLC DBA: Wildfire
On-Sale Wine with Strong Beer & 3.2 Beer On-Sale
BPK Foods LLC DBA: Bombay Pizza Kitchen
Davanni’s Inc
DBA: Davanni’s Pizza & Hot Hoagies Detello’s Inc DBA: Detello’s Pizza & Pasta
On-Sale Wine with Strong Beer & 3.2 Beer On-Sale (continued)
Ernie Rose Golf LLC
DBA: Ernie Rose Golf
Sri Saravana LLC DBA: Godavari Indian Restaurant
Hometaste Inc
DBA: Hometaste Hongkong Cuisine Hot Pot City LLC DBA: Hot Pot City
India Palace New Inc DBA: India Palace INDIA SPICE HOUSE LLC
DBA: India Spice House
AMK Research Services LLC DBA: Inside Edge Golf
EDEN PRAIRIE 888 INC
DBA: Kyoto Sushi Lions Tap Inc DBA: Lions Tap
My Burger Operations LLC DBA: My Burger Peoples Eden Prairie LLC
DBA: Peoples Organic Coffee & Wine Café
PMEP LLC DBA: Pho Mai
Naanza LLC
DBA: Pizza Karma Civitali Restaurant Corp DBA: Punch Neapolitan Pizza
City Council Agenda [December 5, 2023] Clerk’s License Application List
Page 3
On-Sale Wine with Strong Beer & 3.2 Beer On-Sale (continued)
Scale LLC
DBA: Rhody’s Craft House & Grill
Puregrace LLC DBA: Smith
3.2 Beer On-Sale
CSM RI Eden Prairie LLC DBA: Residence Inn by Marriott Minneapolis Southwest
3.2 Beer Off-Sale
Bobby & Steve’s Auto World Eden Prairie LLP
DBA: Bobby & Steve’s Auto World
Jerry’s Enterprises, Inc DBA: Cub Foods
D&T Eden Prairie LLC
DBA: Hampton Inn Eden Prairie Jerry’s Enterprises, Inc DBA: Jerry’s Foods
Kowlaski’s Uptown Markets, Inc DBA: Kowalski’s Markets Northern Tier Retail LLC
DBA: Speedway #4159
Northern Tier Retail LLC DBA: Speedway #4269
Northern Tier Retail LLC
DBA: Speedway #4441
Commercial Kennel
Kingdale Kennels, Inc 6574 Flying Cloud Dr
Paws LLC DBA: Paws Doggy Daycare 6340 Industrial Dr #100
PetSmart, Inc #458
DBA:PetsHotel 11200 Prairie Lakes Dr
Private Kennel
Andrew & Cindy Costigan 9980 Dell Road Reid & Jeanne Mandel
10541 East Riverview Road
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
Dec. 5, 2023
DEPARTMENT / DIVISION
Jonathan Stanley, Housing & Community Services
Julie Klima, Community Development
ITEM DESCRIPTION
Tenant Protection Ordinance
ITEM NO.
VIII.B.
Requested Action Move to:
• Approve the second reading of a Tenant Protection Ordinance; and
• Adopt resolution approving the summary ordinance and ordering the publication of said summary.
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. The ordinance has been updated since first reading to require written notice be posted at
building entrances in addition to being individually delivered to tenants, and to remove the building type
of “duplex” from Section 13.02 of City Code. 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
• Summary Resolution
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 SECTION 13.02 RELATING TO THE DEFINITION OF RESIDENTIAL PROJECT, 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, Section 13.02, is amended in the definition of “Residential Project” by deleting “duplex,” in the first sentence.
SECTION 4. 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 affordable housing 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 naturally occurring affordable housing (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 written notice must also be posted at the main
entrance(s) of the NOAH project or affordable rental project building(s) for the duration of
the tenant protection period. 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 5. 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 6. 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 7. 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 8. 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 9. 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 5th day of December, 2023.
ATTEST:
_______________________________ ____________________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on the _____ day of _____________, 20___.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-__ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. __-2023 AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2023 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 5th day of December, 2023.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. __-2023 is lengthy.
B. The text of summary of Ordinance No. __-2023, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance.
C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices. E. Ordinance __-2023 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication.
ADOPTED by the City Council on December 5, 2023.
___________________________
Ronald A. Case, Mayor ATTEST:
________________________ David Teigland, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-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 SECTION 13.02 RELATING TO THE DEFINITION OF RESIDENTIAL PROJECT, 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:
Summary: This Ordinance amends Chapter 13 by changing its name, adding a new section pertaining to Tenant Protections, and by refining the definition of Residential Project in Section 13.02. Chapter 5, Section 5.72 related to Licensing of Rental Housing is also amended. By reference, City Code Chapter 1 and Sections 5.99 and 13.99 are adopted.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST: ____________________________ ______________________________
David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ____________, 2023.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Community Development/Planning Julie Klima/Ben Schneider
ITEM DESCRIPTION:
Code Amendment – Chapter 11 Reformat
ITEM NO.:
VIII.C.
Requested Action
Move to:
• Approve the second reading of the ordinance to reformat Chapter 11
• Adopt resolution approving the summary ordinance and ordering the publication of
said summary. Synopsis This is the second reading of the ordinance to reformat Chapter 11, the City’s zoning code. The amendment also includes the removal of medical cannabis language and clarifies that
a Planned Unit Development (PUD) is not automatically triggered by a development project in the Transit Oriented Development (TOD) or Town Center (TC) districts. Attachments
1. Ordinance 2. Resolution for Summary Ordinance
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.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-___ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. __-2023 AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2023 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 5th day of December, 2023.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. __-2023 is lengthy and contains tables.
B. The text of summary of Ordinance No. __-2023, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance.
C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices. E. Ordinance __-2023 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication.
ADOPTED by the City Council on December 5, 2023.
___________________________
Ronald A. Case, Mayor ATTEST:
________________________ David Teigland, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-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:
Summary: This Ordinance amends several sections of Chapter 11 in order to reformat the
content of the chapter to be more user friendly. Other minor amendments are included to remove outdated provisions and add clarity. The Ordinance also removes language related to medical cannabis regulations and clarifies that development projects in the Transit Oriented Development and the Town Center zoning districts do not automatically require a Planned Unit Development.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
____________________________ ______________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ____________, 2023. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Community Development/Planning Julie Klima/Ben Schneider
ITEM DESCRIPTION:
Code Amendment – Sign Code
ITEM NO.:
VIII.D.
Requested Action
Move to:
• Approve the second reading of the ordinance to amend the Sign Code
• Adopt resolution approving the summary ordinance and ordering the publication of
said summary. Synopsis This is the second reading of the ordinance to amend the Sign Code in City Code Section 11.70.
Attachments 1. Ordinance 2. Resolution for Summary Ordinance
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___.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. __-2023 AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2023 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 5th day of December, 2023.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. __-2023 is lengthy.
B. The text of summary of Ordinance No. __-2023, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance.
C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices. E. Ordinance __-2023 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication.
ADOPTED by the City Council on December 5, 2023. ___________________________
Ronald A. Case, Mayor
ATTEST:
________________________
David Teigland, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-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: Summary: This Ordinance amends City Code Section 11.70 related to sign regulations. The Ordinance includes minor changes to add clarity to existing provisions regarding sign area, address signs, incidental signs, Planned Unit Development signs, and wall signs. The Ordinance
also removes redundant language.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST: ____________________________ ______________________________
David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ____________, 2023.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Finance Tammy Wilson
ITEM DESCRIPTION:
2023 Donations
ITEM NO.:
VIII.E.
Requested Action Move to: Adopt Resolution accepting various donations and in-kind contributions.
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 donations to the City and in-kind contributions to the City from various donors is hereby recognized and accepted by the Eden Prairie City Council.
Donor Event Amount
Anonymous Art Center 10,000.00$
Wellspring Health Center Art Center 75.00
Foxjets Aquatics 1,073.00
Elite Spine Harvest to Halloween 100.00
Eden Prairie Fastpitch Harvest to Halloween 150.00
Philip Belden Memorial Bench 400.00
Merry Prins Memorial Bench 700.00
Jill Youngquist Memorial Bench 700.00
Sumit Jain Memorial Bench 700.00
Douglas Merrigan Memorial Bench 700.00
Duane Hookom Memorial Bench 700.00
Gene Parr Senior Center Programs 1.00
Penelope Tvrdik Senior Center Programs 15.00
Russ Kedrowski Senior Center Programs 20.00
Kate Nelson Senior Center Programs 20.00
Deb Johnson Senior Center Programs 25.00
John Doyle Senior Center Programs 25.00
Cheryl Schmitz Senior Center Programs 30.00
Health Source of Eden Prairie Senior Center Programs 50.00
Tru Blue Total Housecare Senior Center Programs 50.00
John Pollock Senior Center Programs 50.00
Edna Wrobel Senior Center Programs 50.00
Anonymous Senior Center Programs 55.20
Cathy Bolme Senior Center Programs 60.00
Beth Lapp Senior Center Programs 100.00
SPARK of Eden Prairie Senior Center Programs 100.00
Arlene Cohen Senior Center Programs 100.00
Tillman Real Estate Senior Center Programs 100.00
The Waters of Eden Prairie Senior Center Programs 250.00
Landmark Tours Senior Center Programs 300.00
Marvin Cofer Trail Maintenance 25.00
Norma Bauman Veterans Memorial 300.00
Thomas Traughber Veterans Memorial 300.00
Chuck Schaitberger Veterans Memorial 300.00
Eden Prairie Foundation Words in Action 500.00
18,124.20$
ADOPTED by the City Council of the City of Eden Prairie this 5th day of December, 2023.
___________________________ Ronald A. Case, Mayor ATTEST:
___________________________ David Teigland, City Clerk
Donor Event
Lyle Signs, Inc.Signed Print
Soccer Shots Harvest to Halloween
Flying Cloud Animal Hospital Harvest to Halloween
Prairie Dental Group Harvest to Halloween
Be Smart Harvest to Halloween
Prairie School of Dance Harvest to Halloween
V8 Harvest to Halloween
Gardner School Harvest to Halloween
Health Source of Eden Prairie Harvest to Halloween
Elite Spine Chiropractic Harvest to Halloween
Old National Bank Harvest to Halloween
Legacy Gymnastics Harvest to Halloween
Performing Institute of Minnesota A Harvest to Halloween
P52 Dance Harvest to Halloween
MVP Cricket Harvest to Halloween
Eden Prairie School District Harvest to Halloween
Deka Lash Harvest to Halloween
Joyce Conley Senior Center Programs
In-Kind
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Community Development/Econ. Dev Julie Klima/David Lindahl
ITEM DESCRIPTION:
Resolution Supporting Application to DEED JCF Program
ITEM NO.:
VIII.F.
Requested Action Move to: Adopt a resolution supporting application to the Jobs Creation Fund (JCF) by Eden Prairie
based company NVE Corporation.
Synopsis
Eden Prairie based NVE Corporation is applying for a $108,000 Jobs Creation Fund (JCF) grant through the Department of Employment and Economic Development’s (DEED) to help fund a cleanroom expansion at their facility located at 11409 Valley View Road in Eden Prairie. DEED requires the City to adopt a resolution of support. Background NVE is located in the Bryant Lake Business Center at 11409 Valley View Road. They manufacture sensors and couplers used to acquire and transmit data. The proposed cleanroom expansion within the building existing footprint will fabricate magnetic sensors and is expected to cost $5.97 million.
The Job Creation Fund provides financial incentives to new and expanding businesses that meet certain job creation and capital investment targets. Companies deemed eligible may receive up to $1 million for creating or retaining high-paying jobs and for constructing or renovating facilities or making other property improvements.
Attachments
Resolution
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-_____
A RESOLUTION OF SUPPORT OF A JOB CREATION FUND APPLICATION BY EDEN PRAIRIE COMPANY NVE CORPORATION.
WHEREAS, the City of Eden Prairie, Minnesota (the “City”), desires to assist NVE Corporation, a Minnesota Corporation, which is proposing to expand a facility in the City; and,
WHEREAS, the City of Eden Prairie understands that NVE Corporation, with the support of the City, intends to submit to the Minnesota Department of Employment and Economic Development (DEED) an application for an award and/or rebate from the Job Creation Fund Program; and,
WHEREAS, the City of Eden Prairie held a City Council meeting on December 5, 2023, to consider this matter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that, after due consideration, the Mayor and City Council hereby supports the NVE application for an award and/or rebate from the Job Creation Fund program and adopts
the following findings of fact related to the project proposed by NVE Corporation:
1. Finding that the project is in the public interest because it will encourage the growth of commerce and industry, prevent the movement of current or future operations to locations
outside Minnesota, result in increased employment in Minnesota, and preserve or enhance the state and local tax base.
• NVE Corporation has indicated that JCF funding is necessary to offset the
cost of leasehold improvements and equipment at a new Eden Prairie facility
and will help support 23 new jobs over the next three years.
2. Finding that the proposed project, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future.
• NVE Corporation has stated it needs to increase its production capacity and
upgrade its capabilities to take advantage of new business opportunities and
intends to build a new semiconductor fabrication facility in Eden Prairie.
• NVE Corporation has indicated that without the JCF funding, they will be
forced to locate the expansion in the Florida Space Coast, Austin, Texas, or
another location where incentives are available.
3 Finding that the proposed project conforms to the general plan for the development or redevelopment of the City as a whole.
• DDL Corporation’s facility located at 11409 Valley View Road and its
proposed plans to create a new clean room facility is a consistent with the City’s Comprehensive Plan.
4 Finding that the proposed project will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the project by private
enterprise.
• DDL Corporation’s facility located at 11409 Valley View Road and its proposed plans to create a new clean room facility is a consistent with the
City’s Comprehensive Plan
ADOPTED by the City Council of the City of Eden Prairie on this 5th day of December 2023.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: Resolution
approving appraisal values and property
acquisition – West 70th Street
improvement project
ITEM NO.:
VIII.G.
Requested Action
Move to: Adopt a resolution approving the appraisal values for the property acquisitions for the West 70th Street improvement project, City Project Number I.C. 19810 (the “Project”) and authorizing the City Attorney and City Engineer to acquire the properties for the Project by direct negotiation or condemnation.
Synopsis The City Council previously authorized the City Engineer to proceed with the Project. This action adopts a resolution approving the appraisal values for the properties to be acquired and authorizes
the City Attorney and City Engineer to acquire the properties needed for the Project. Background Information The City of Eden Prairie is authorized to acquire real property which is needed for public use or
purposes. Minnesota State Statutes Chapter 117 requires an approved appraisal of value to be
presented to property owners prior to acquisition of property by a governmental entity. The City Council previously authorized the City Engineer to proceed with the Project. The Project includes the acquisition of drainage and utility easements, permanent easements, and temporary construction easements, and other rights and interest by the City from various property owners.
The City Attorney obtained market value appraisals for parcels. The proposed acquisition values
are provided to the City Council separately as confidential or protected nonpublic data pursuant to Minn. Stat. § 13.44, subd. 3(a). Upon approval of the Resolution the City Attorney and City Engineer will present the market value
appraisals to the property owners for the purposes of acquisition of drainage and utility easements,
permanent easements and temporary construction easements, and other rights and interest by the City by either direct negotiation or condemnation. Attachments
Parcel Sketches Resolution
250 50
SCALE IN FEET
WEST 70TH STREET
PARCELDATE
2/17/2021
PID ADDRESS
&UD
AREA
PARCEL
EXISTING TE
9:16:27 AM
2/17/2021
H:\Projects\8622.01\Design\Graphics\8622-01_parcel-b01.dgn
CITY OF EDEN PRAIRIE 19810
WEST 70TH STREET
PE
CONSTRUCTION LIMITS
PROPOSED DRAINAGE & UTILITY
TEMPORARY EASEMENT
PROPOSED PERMANENT EASEMENT
EXISTING DRAINAGE & UTILITY
EXISTING RIGHT OF WAY
PARCEL LINE
0111622430013
318,183 SF
1
1,125 SF
10300 WEST 70TH ST
250 50
SCALE IN FEET
WEST 70TH STREET
PARCELDATE
2/17/2021
PID ADDRESS
&UD
AREA
PARCEL
EXISTING TE
9:16:37 AM
2/17/2021
H:\Projects\8622.01\Design\Graphics\8622-01_parcel-b02.dgn
CITY OF EDEN PRAIRIE 19810
WEST 70TH STREET
PE
CONSTRUCTION LIMITS
PROPOSED DRAINAGE & UTILITY
TEMPORARY EASEMENT
PROPOSED PERMANENT EASEMENT
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137,002 SF 7,494 SF
10230 WEST 70TH ST
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CITY OF EDEN PRAIRIE 19810
WEST 70TH STREET
PE
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CITY OF EDEN PRAIRIE 19810
WEST 70TH STREET
PE
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274,616 SF 1,413 SF 5,965 SF 5,254 SF
1211622120003 7076 SHADY OAK RD
250 50
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CITY OF EDEN PRAIRIE 19810
WEST 70TH STREET
PE
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1211622120010
6
869,495 SF 5,957 SF 658 SF
10301 WEST 70TH ST
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-____ RESOLUTION APPROVING THE APPRAISAL VALUES AND ACQUISITION OF PROPERTY RELATED TO THE WEST 70TH STREET IMPROVMENTS
CITY PROJECT NO.: I.C. 19810 WHEREAS, the City of Eden Prairie (the “City”), is authorized to acquire real property which is needed for public use or purposes; and
WHEREAS, the City intends to construct improvements at West 70th Street, City Project No.: I.C. 19810
(the “Project”); and WHEREAS, the construction of the Project will require the acquisition of drainage and utility easements, permanent easements, temporary construction easements, and other rights and interest by the City; and
WHEREAS, the City Attorney retained an independent appraiser who provided appraisals stating the fair market value of the properties proposed to be acquired; and WHEREAS, the Project construction schedule contemplates that work will begin in the April 2024; and
WHEREAS, it is necessary that the City have title and possession of the necessary property for the Project before construction contracts may be let. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
1. The recitals set forth above are incorporated herein.
2. The City Attorney and City Engineer are authorized to make offers to acquire interests in real property for the Project for the appraised values.
3. The City Attorney and City Engineer are authorized and directed to take all steps necessary
to acquire the properties for the Project by direct negotiation or condemnation and the use of the quick take procedure authorized under Minnesota Statutes Section 117.042. ADOPTED by the Eden Prairie City Council on December 5, 2023.
____________________________________ Ronald A. Case, Mayor
ATTEST: SEAL ______________________________
David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calender
DATE:
December 5, 2023
DEPARTMENT/DIVISION:
Adam Gadbois
Public Works / Engineering
ITEM DESCRIPTION: Resolution
approving appraisal values and property
acquisition – Prairie Center Drive and
Franlo Road Improvement Project
ITEM NO.:
XIII.H.
Requested Action
Move to: Adopt a resolution approving the appraisal values for the property acquisitions for the Prairie Center Drive and Franlo Road Improvement Project, City Project Number I.C. 23819 (the “Project) and authorizing the City Attorney and City Engineer to acquire the properties for the Project by direct negotiation or condemnation.
Synopsis The City Council previously authorized the City Engineer to proceed with the Project. This action adopts a resolution approving the appraisal values for the properties to be acquired and authorizes
the City Attorney and City Engineer to acquire the properties needed for the Project. Background Information The City of Eden Prairie is authorized to acquire real property which is needed for public use or
purposes. Minnesota State Statutes Chapter 117 requires an approved appraisal of value to be
presented to property owners prior to acquisition of property by a governmental entity. The City Council previously authorized the City Engineer to proceed with the Project. The Project includes the acquisition of temporary construction easements and permanent easements for roadway and utility purposes. The City Attorney obtained market value appraisals for parcels. The proposed
acquisition values are provided to the City Council separately as confidential or protected
nonpublic data pursuant to Minn. Stat. § 13.44, subd. 3(a). Upon approval of the Resolution the City Attorney and City Engineer will present the market value appraisals to the property owners for the purposes of acquisition of the easements, and other rights
and interest by the City by either direct negotiation or condemnation. Attachments
• Parcel Maps
• Resolution
250 50
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CITY OF EDEN PAIRIE
TRAFFIC SIGNAL PROJECT
PRAIRIE CENTER DRIVE & FRANLO ROAD
SAP 181-101-007 01
1411622420008 566 PRAIRIE CENTER DRIVE
48,575 sq ft 470 sq ft
250 50
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CITY OF EDEN PAIRIE
TRAFFIC SIGNAL PROJECT
PRAIRIE CENTER DRIVE & FRANLO ROAD
SAP 181-101-007 02
795,918 sq ft
1411622420003 8301 FLYING CLOUD DRIVE
12,201 sq ft1,379 sq ft
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-______ RESOLUTION APPROVING THE APPRAISAL VALUES AND ACQUISITION OF PROPERTY RELATED TO THE PRAIRIE CENTER DRIVE & FRANLO ROAD INTERSECTION
IMPROVEMENT PROJECT, CITY PROJECT NO.: I.C. 23819. WHEREAS, the City of Eden Prairie (the “City”), is authorized to acquire real property which is needed for public use or purposes; and
WHEREAS, the City intends to construct improvements at Prairie Center Drive and Franlo Road, City
Project No.: I.C. 23819 (the “Project”); and WHEREAS, the construction of the Project will require temporary construction easements and permanent easements for roadway and utility purposes, and other rights and interest by the City; and
WHEREAS, the City Attorney retained an independent appraiser who provided appraisals stating the fair market value of the properties proposed to be acquired; and WHEREAS, the Project construction schedule contemplates that work will begin the May 2024; and
WHEREAS, it is necessary that the City have title and possession of the necessary property for the Project before construction contracts may be let. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
1. The recitals set forth above are incorporated herein.
2. The City Attorney and City Engineer are authorized to make offers to acquire interests in real property for the Project for the appraised values.
3. The City Attorney and City Engineer are authorized and directed to take all steps necessary
to acquire the properties for the Project by direct negotiation or condemnation and the use of the quick take procedure authorized under Minnesota Statutes Section 117.042. ADOPTED by the Eden Prairie City Council on December 5, 2023.
____________________________________ Ronald A. Case, Mayor
ATTEST: SEAL ______________________________
David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Joe Dusek
Public Works/Utilities
ITEM DESCRIPTION: 24-6253.1
Award Contract for 2024
Water Treatment Chemicals
ITEM NO.:
VIII.I.
Requested Action Move to: Award contracts for 24-6253.1, Water Treatment Chemicals for 2024, as
indicated in the attached recommendation of award. Synopsis Bids were opened on November 8, 2023, for the 2024 supply of Water Treatment Chemicals.
Attached is a bid tabulation sheet indicating the prices received for each chemical and a table recommending each low-bidder for award of contract at the price indicated. Background Information
The water treatment chemicals are essential for the production of potable water and the amounts used will be dictated by the city’s water consumption. Actual quantities used will vary, depending upon the 2024 weather. Drier years result in more lawn and garden watering, requiring substantially more chemicals to treat the larger volume of
water produced. The quantities of chemicals and the subsequent annual bid values are based only upon estimates of total water production. Staff recommends acceptance of low bid for each of the required chemicals. Attachments
• Recommendation of Award
• Bid Summary
• Contracts
24-6253.1/ Recommendation of Award”
RECOMMENDATION OF AWARD EDEN PRAIRIE UTILITIES ANNUAL WATER TREATMENT CHEMICALS 24-6253.1 2024 Water Treatment Chemicals 1 Quicklime
Graymont Superior,WI 1-888-638-1714
$294.50/Ton
2
Liquid Ferric Chloride (35% solution)
Hawkins, Inc. Minneapolis, MN 612-331-6910
$2.639/Gallon
3 Liquid Chlorine (1 ton shipments)
Hawkins, Inc. Minneapolis, MN 612-331-6910
$2280.00/Ton
4 Liquid Carbon Dioxide
Poet Ethanol Products
Scotland, SD 316-303-3871 1-800-550-4070
$435.00/Ton
5 Sodium Polyphosphate
DPC Rosemount, MN 651-437-1333
$11.45/Gallon
6 Fluorosilicic Acid DPC Rosemount, MN 651-437-1333
$5.22/Gallon
Bid Tab for 2024 Water Treatment Chemicals
24-6253.1 Award Summary 2024
*Indicates Low Bid
BIDDERS Quicklime Liquid Ferric Chloride
Liquid Chlorine 1 ton loads
Liquid Carbon Dioxide
Sodium Poly-phosphate
Fluorosilicic Acid
Graymont *$294.50/Ton
Carmeuse Lime $595.00/Ton
Hawkins Chemical *$2.639/Gallon *$2280/ Ton *$11.45/ Gallon *$5.22/Gallon
PVS Technologies $3.00/Gallon
Poet *$435/ Ton
Shannon Chemical $27.17/Gallon
Mississippi Lime $501.35/Ton
CONTRACT
THIS AGREEMENT, made and executed this 5th day of December 2023, by and between
City of Eden Prairie, hereinafter referred to as the "CITY", and Graymont (WI), LLC, a Wisconsin
limited liability company hereinafter referred to as the "SUPPLIER", WITNESSETH:
CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in
Paragraph IV, and as provided by the CITY for:
IMPROVEMENT CONTRACT #24-6253.1 2024 WATER TREATMENT CHEMICALS
SUPPLIER further agrees to do everything required by this Agreement and the
Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the
Proposal Form attached hereto, which prices conform to those in the accepted
SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $294.50/Ton for the amount to be determined of Quicklime shall be paid to the supplier.
III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of
invoice. IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement
(2) Detail Specifications (3) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this
Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31,
2024 or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA
Its City Mayor
And Its City Manager
In Presence of: SUPPLIER Firm
By: Title
And
CONTRACT
THIS AGREEMENT, made and executed this 5th day of December, 2023, by and between
City of Eden Prairie, hereinafter referred to as the "CITY", and Hawkins Inc.hereinafter referred to
as the "SUPPLIER", WITNESSETH:
CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in
Paragraph IV, and as provided by the CITY for:
IMPROVEMENT CONTRACT #24-6253.1 2024 WATER TREATMENT CHEMICALS
SUPPLIER further agrees to do everything required by this Agreement and the
Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the
Proposal Form attached hereto, which prices conform to those in the accepted
SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $11.45/Gallon for the amount to be determined of Sodium Polyphosphate shall be paid to the supplier.
III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of
invoice. IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement
(2) Detail Specifications (3) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this
Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31,
2024 or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA
Its City Mayor
And Its City Manager
In Presence of: SUPPLIER Firm
By: Title
And
CONTRACT
THIS AGREEMENT, made and executed this 5th day of December, 2023, by and between
City of Eden Prairie, hereinafter referred to as the "CITY", and Ethanol Products, LLC, DBA,
POET Ethanol Products, a Kansas limited liability company hereinafter referred to as the "SUPPLIER",
WITNESSETH:
CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions
of the Material Specifications prepared by the City of Eden Prairie referred to in
Paragraph IV, and as provided by the CITY for: IMPROVEMENT CONTRACT #24-6253.1 2024 WATER TREATMENT CHEMICALS
SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in
accordance with the prices bid for the unit or lump sum items as set forth in the
Proposal Form attached hereto, which prices conform to those in the accepted SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $435.00/Ton for the amount to be determined of Liquid Carbon Dioxide shall be paid to the supplier.
III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of invoice. IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal
c. Contract Agreement
(2) Detail Specifications (3) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the
Contract.
V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule:
Unit bid prices for those items awarded shall remain in effect until December 31,
2024 or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies.
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA
Its City Mayor
And Its City Manager
In Presence of: SUPPLIER
Firm
By:
Title
And
CONTRACT
THIS AGREEMENT, made and executed this 5th day of December, 2023, by and between
City of Eden Prairie, hereinafter referred to as the "CITY", and Hawkins INC. hereinafter referred to
as the "SUPPLIER", WITNESSETH:
CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in
Paragraph IV, and as provided by the CITY for:
IMPROVEMENT CONTRACT #24-6253.1 2024 WATER TREATMENT CHEMICALS
SUPPLIER further agrees to do everything required by this Agreement and the
Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the
Proposal Form attached hereto, which prices conform to those in the accepted
SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $2280.00/Ton for the amount to be determined of Liquid Chlorine shall be paid to the supplier.
III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of
invoice. IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement
(2) Detail Specifications (3) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this
Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31,
2024 or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA
Its City Mayor
And Its City Manager
In Presence of: SUPPLIER Firm
By: Title
And
CONTRACT
THIS AGREEMENT, made and executed this 5th day of December, 2023, by and between
City of Eden Prairie, hereinafter referred to as the "CITY", and Hawkins INC. hereinafter referred to
as the "SUPPLIER", WITNESSETH:
CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in
Paragraph IV, and as provided by the CITY for:
IMPROVEMENT CONTRACT #24-6253.1 2024 WATER TREATMENT CHEMICALS
SUPPLIER further agrees to do everything required by this Agreement and the
Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the
Proposal Form attached hereto, which prices conform to those in the accepted
SUPPLIER'S proposal on file in the office of the Director of Public Works. The unit price of $2.639/Gallon for the amount to be determined of Liquid Ferric Chloride shall be paid to the supplier.
III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of
invoice. IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement
(2) Detail Specifications (3) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this
Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31,
2024 or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA
Its City Mayor
And Its City Manager
In Presence of: SUPPLIER Firm
By: Title
And
CONTRACT
THIS AGREEMENT, made and executed this 5th day of December, 2023, by and between
City of Eden Prairie, hereinafter referred to as the "CITY", and Hawkins Inc. hereinafter referred to
as the "SUPPLIER", WITNESSETH:
CITY and SUPPLIER, for the consideration hereinafter stated, agree as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Material Specifications prepared by the City of Eden Prairie referred to in
Paragraph IV, and as provided by the CITY for:
IMPROVEMENT CONTRACT #24-6253.1 2024 WATER TREATMENT CHEMICALS
SUPPLIER further agrees to do everything required by this Agreement and the
Contract Documents. II. CITY agrees to pay and SUPPLIER agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the
Proposal Form attached hereto, which prices conform to those in the accepted
SUPPLIER'S proposal on file in the office of the Water Treatment Plant Supervisor. The unit price of $5.22/Gallon for the amount to be determined of Fluorosilicic Acid shall be paid to the supplier.
III. Payments to SUPPLIER by CITY shall be made within 30 days after approval of
invoice. IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents
a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement
(2) Detail Specifications (3) Addenda and Supplemental Agreements
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this
Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until December 31,
2024 or in accordance with the Contract Documents.
VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
In Presence Of: CITY OF EDEN PRAIRIE, MINNESOTA
Its City Mayor
And Its City Manager
In Presence of: SUPPLIER Firm
By: Title
And
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Patrick Sejkora
Public Works / Engineering
ITEM DESCRIPTION: I.C. 23812
Award Contract for Pond Improvements Project (Pond 25-34-A and 14-23-A) to Fitzgerald Excavating and Trucking Inc.
ITEM NO.:
VIII.J.
Requested Action
Move to: Award contract for the Pond Improvements Project (Pond 25-34-A and 14-23-A) to Fitzgerald Excavating and Trucking Inc. in the amount of $180,955.00. Synopsis
Online bids were received on Wednesday, November 22, 2023 for this project. The six bids are summarized below. The low bid, in the amount of $180,955.00, was submitted by Fitzgerald Excavating. The low bid is 43% below the Engineer’s Estimate. The City’s consultant and staff recommend awarding the contract for the project to Fitzgerald Excavating.
• Fitzgerald Excavating: $180,955.00 • New Look Contracting Inc.: $210,373.00
• Minger Construction Co. Inc.: $189,311.25 • Peterson Companies: $222,101.18
• North Star Excavating: $189,801.31 • Meyer Contracting Inc.: $242,248.11
Background Information This project includes the removal of approximately 1.625 cubic yards of sediment from two
stormwater ponds. Neither pond has been dredged previously and both have significant buildup of sediment. Pond 14-23-A, which is located at the intersection of Prairie Center Drive and Singletree Lane, has been identified as a high-priority basin for pollutant removal by the City’s pond inventory program. It is located within the Staring Lake watershed, which is impaired for nutrients. Pond 25-34-A, which is off Meade Lane, has been a recurring maintenance issue for
City staff due to build up of debris and sediment in the pond. Project Cost Summary The project is listed in the City’s Capital Improvement Plan and funded with the Stormwater
Utility Fund. Attachments Letter of Recommendation
Contract
Stantec Consulting Services Inc.
1800 Pioneer Creek Center PO Box 249
Maple Plain, MN 55359-9000
November 27, 2023
Project/File: 227706178
Patrick Sejkora
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Dear Mr. Sejkora,
Reference: City of Eden Prairie Pond Improvements (Pond 25-34-A and 14-23-A)- Construction
Contractor Award
Electronic bids were received and opened at 10:00 a.m. (CST) on Wednesday November 22, 2023 for the
City of Eden Prairie Pond Improvements (Pond 25-34-A and 14-23-A) Projects. The bids are shown on the
attached Summary of Bids.
The low bidder, Fitzgerald Excavating came in with a base bid of $180,955.00.
Stantec recommends the City Council awards City Project Number 8795153 to Fitzgerald Excavating in the
amount of $180,955.00. This recommendation considers that the City Council reserves the right to award
the contract in best interests of the City.
Sincerely,
Dan Edgerton
Senior Associate
Mobile: (612) 712-2037
dan.edgerton@stantec.com
Josh Accola, P.E., CFM, MS
Water Resources Engineer
Mobile: (952) 334-1418
joshua.accola@stantec.com
Attachment: Summary of Bids
City of Eden Prairie Pond Improvements (Pond 25-34-A and 14-23-A) (#8795153)
Owner: City of Eden Prairie
Solicitor: Stantec
11/22/2023 10:00 AM CST
Engineer Estimate
Fitzgerald
Excavating
Minger
Construction Co.
Inc.
North Star
Excavating
New Look
Contracting, Inc.
Peterson
Companies
Meyer
Contracting Inc.
Section Title Line Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension
Pond 25-34-A $143,017.50 $95,640.00 $85,704.50 $85,948.87 $105,412.00 $114,664.62 $104,502.65
1 1 MOBILIZATION AND DEMOBILIZATION LS 1 $30,000.00 $30,000.00 $35,000.00 $35,000.00 $16,250.00 $16,250.00 $8,195.00 $8,195.00 $12,500.00 $12,500.00 $19,975.00 $19,975.00 $6,056.20 $6,056.20
2 2 TEMPORARY EARTHEN DAM AND DEWATERING LS 1 $35,000.00 $35,000.00 $3,500.00 $3,500.00 $2,500.00 $2,500.00 $3,537.86 $3,537.86 $4,000.00 $4,000.00 $0.01 $0.01 $5,977.91 $5,977.91
3 3 CLEARING & GRUBBING LS 1 $6,000.00 $6,000.00 $2,000.00 $2,000.00 $7,500.00 $7,500.00 $1,650.00 $1,650.00 $775.00 $775.00 $1,130.00 $1,130.00 $9,743.62 $9,743.62
4 4 TREE REMOVAL EA 9 $900.00 $8,100.00 $1,500.00 $13,500.00 $1,395.00 $12,555.00 $825.00 $7,425.00 $3,500.00 $31,500.00 $3,700.00 $33,300.00 $500.00 $4,500.00
5 5 TRAFFIC CONTROL LS 1 $2,700.00 $2,700.00 $2,000.00 $2,000.00 $1,000.00 $1,000.00 $275.00 $275.00 $750.00 $750.00 $2,750.00 $2,750.00 $750.00 $750.00
6 6 FLOTATION SILT CURTAIN, TYPE STILL WATER - MAINTAINED LF 45 $30.00 $1,350.00 $20.00 $900.00 $16.00 $720.00 $22.94 $1,032.30 $30.00 $1,350.00 $10.23 $460.35 $33.25 $1,496.25
7 7 SILT FENCE OR APPROVED EQUAL PERIMETER CONTROL - MAINTAINED LF 280 $5.00 $1,400.00 $2.75 $770.00 $5.50 $1,540.00 $30.80 $8,624.00 $6.50 $1,820.00 $4.60 $1,288.00 $4.40 $1,232.00
8 8 INLET PROTECTION - MAINTAINED EA 7 $250.00 $1,750.00 $200.00 $1,400.00 $120.00 $840.00 $165.00 $1,155.00 $170.00 $1,190.00 $172.50 $1,207.50 $376.00 $2,632.00
9 9 TEMPORARY ROCK CONSTRUCTION ENTRANCE - MAINTAINED EA 1 $2,200.00 $2,200.00 $500.00 $500.00 $550.00 $550.00 $1,375.00 $1,375.00 $3,000.00 $3,000.00 $4,705.00 $4,705.00 $2,510.05 $2,510.05
10 10 ORANGE CONSTRUCTION/SNOW FENCE - MAINTAINED LF 200 $4.00 $800.00 $4.00 $800.00 $3.50 $700.00 $14.96 $2,992.00 $5.00 $1,000.00 $4.60 $920.00 $6.40 $1,280.00
11 11 HYDROSEED BWSR MESIC SHORT URBAN BUFFER SOUTH & WEST SEED MIX SY 340 $4.00 $1,360.00 $4.50 $1,530.00 $4.75 $1,615.00 $5.40 $1,836.00 $6.50 $2,210.00 $8.75 $2,975.00 $3.90 $1,326.00
12 12 HYDROSEED MNDOT SEED MIX 25-131 (COMMERCIAL TURF) OR APPROVED EQUAL SY 215 $3.00 $645.00 $2.00 $430.00 $4.25 $913.75 $1.62 $348.30 $2.00 $430.00 $29.81 $6,409.15 $3.90 $838.50
13 13 STREET SWEEPER (WITH PICKUP BROOM)HR 20 $150.00 $3,000.00 $60.00 $1,200.00 $160.00 $3,200.00 $165.00 $3,300.00 $1.00 $20.00 $221.95 $4,439.00 $180.00 $3,600.00
14 14 HYDRAULIC EROSION CONTROL PRODUCT - STABILIZED FIBER MATRIX (SFM)SY 555 $2.50 $1,387.50 $2.00 $1,110.00 $3.65 $2,025.75 $2.76 $1,531.80 $3.00 $1,665.00 $5.12 $2,841.60 $3.90 $2,164.50
15 15 CONTAMINATED MUCK EXCAVATION AND OFFSITE DISPOSAL (EV)CY 560 $80.00 $44,800.00 $50.00 $28,000.00 $54.50 $30,520.00 $63.91 $35,789.60 $75.00 $42,000.00 $54.40 $30,464.00 $94.96 $53,177.60
16 16 MUD MATS OR APPROVED EQUAL (IN CASE OF EARLY THAW)LS 1 $525.00 $525.00 $1,000.00 $1,000.00 $550.00 $550.00 $2,750.00 $2,750.00 $1.00 $1.00 $0.01 $0.01 $2,734.00 $2,734.00
17 17 FURNISH AND REPLACE 12-INCH TRASH GUARD EA 1 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $832.01 $832.01 $1,200.00 $1,200.00 $800.00 $800.00 $2,984.02 $2,984.02
18 18 IRRIGATION AND PET SYSTEM REPAIR EA 1 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,225.00 $1,225.00 $3,300.00 $3,300.00 $1.00 $1.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00
Pond 14-23-A $174,052.50 $85,315.00 $103,606.75 $103,852.47 $104,961.00 $107,436.56 $137,745.46
19 24 MOBILIZATION AND DEMOBILIZATION LS 1 $30,000.00 $30,000.00 $15,000.00 $15,000.00 $13,250.00 $13,250.00 $10,500.00 $10,500.00 $12,500.00 $12,500.00 $19,860.00 $19,860.00 $6,056.20 $6,056.20
20 25 TEMPORARY EARTHEN DAM AND DEWATERING LS 1 $35,000.00 $35,000.00 $2,000.00 $2,000.00 $11,750.00 $11,750.00 $3,537.86 $3,537.86 $5,500.00 $5,500.00 $3,040.00 $3,040.00 $6,788.30 $6,788.30
21 26 CLEARING & GRUBBING LS 1 $6,000.00 $6,000.00 $2,000.00 $2,000.00 $3,500.00 $3,500.00 $1,100.00 $1,100.00 $2,750.00 $2,750.00 $3,550.00 $3,550.00 $8,500.00 $8,500.00
22 27 TREE REMOVAL EA 2 $900.00 $1,800.00 $1,500.00 $3,000.00 $920.00 $1,840.00 $825.00 $1,650.00 $850.00 $1,700.00 $905.00 $1,810.00 $500.00 $1,000.00
23 28 TREE REPLACEMENT - #15 CONT.EA 2 $1,000.00 $2,000.00 $1,000.00 $2,000.00 $1,300.00 $2,600.00 $1,743.83 $3,487.66 $1,400.00 $2,800.00 $795.00 $1,590.00 $2,000.00 $4,000.00
24 29 TRAFFIC CONTROL LS 1 $2,700.00 $2,700.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $550.00 $550.00 $850.00 $850.00 $865.00 $865.00 $828.01 $828.01
25 30 FLOTATION SILT CURTAIN, TYPE STILL WATER - MAINTAINED LF 45 $30.00 $1,350.00 $15.00 $675.00 $16.00 $720.00 $22.94 $1,032.30 $30.00 $1,350.00 $20.45 $920.25 $33.25 $1,496.25
26 31 SILT FENCE OR APPROVED EQUAL PERIMETER CONTROL - MAINTAINED LF 110 $5.00 $550.00 $3.00 $330.00 $5.50 $605.00 $30.80 $3,388.00 $10.00 $1,100.00 $4.60 $506.00 $4.40 $484.00
27 32 INLET PROTECTION - MAINTAINED EA 4 $250.00 $1,000.00 $200.00 $800.00 $120.00 $480.00 $165.00 $660.00 $170.00 $680.00 $172.50 $690.00 $376.00 $1,504.00
28 33 TEMPORARY ROCK CONSTRUCTION ENTRANCE - MAINTAINED EA 1 $2,200.00 $2,200.00 $580.00 $580.00 $550.00 $550.00 $1,375.00 $1,375.00 $3,000.00 $3,000.00 $2,560.00 $2,560.00 $2,510.05 $2,510.05
29 34 HYDROSEED BWSR MESIC SHORT URBAN BUFFER SOUTH & WEST SEED MIX SY 280 $4.00 $1,120.00 $4.50 $1,260.00 $4.75 $1,330.00 $5.40 $1,512.00 $6.50 $1,820.00 $9.08 $2,542.40 $3.90 $1,092.00
30 35 HYDROSEED MNDOT SEED MIX 25-131 (COMMERCIAL TURF) OR APPROVED EQUAL SY 165 $3.00 $495.00 $2.00 $330.00 $4.25 $701.25 $1.62 $267.30 $2.00 $330.00 $31.65 $5,222.25 $3.90 $643.50
31 36 STREET SWEEPER (WITH PICKUP BROOM)HR 20 $150.00 $3,000.00 $60.00 $1,200.00 $160.00 $3,200.00 $165.00 $3,300.00 $1.00 $20.00 $221.95 $4,439.00 $180.00 $3,600.00
32 37 HYDRAULIC EROSION CONTROL PRODUCT - STABILIZED FIBER MATRIX (SFM)SY 445 $2.50 $1,112.50 $2.00 $890.00 $3.65 $1,624.25 $2.76 $1,228.20 $3.00 $1,335.00 $5.12 $2,278.40 $3.90 $1,735.50
33 38 CONTAMINATED MUCK EXCAVATION AND OFFSITE DISPOSAL (EV)CY 1065 $80.00 $85,200.00 $50.00 $53,250.00 $56.25 $59,906.25 $63.91 $68,064.15 $65.00 $69,225.00 $54.05 $57,563.25 $89.81 $95,647.65
34 39 MUD MATS OR APPROVED EQUAL (IN CASE OF EARLY THAW)LS 1 $525.00 $525.00 $1,000.00 $1,000.00 $550.00 $550.00 $2,200.00 $2,200.00 $1.00 $1.00 $0.01 $0.01 $1,860.00 $1,860.00
Base Bid Total:$317,070.00 $180,955.00 $189,311.25 $189,801.34 $210,373.00 $222,101.18 $242,248.11
1/2022
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 5th day of December 2023, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and Fitzgerald Excavating and Trucking Inc.., a Minnesota corporation hereinafter referred to as the "CONTRACTOR",
WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows:
I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 23812 – Pond Improvements (Pond 25-34-A and 14-23-A) Project
CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance
with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $180,955.00.
III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement
e. Contractor's Performance Bond
f. Contractor's Payment Bond g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications (4) General Conditions
C-2
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents
are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents.
VI. This Agreement shall be executed in one (1) copy.
(signature pages follow)
C-3
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of _______________, 20___, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation.
_____________________________ Notary Public
CONTRACTOR
Fitzgerald Excavating & Trucking Inc.
By: __________________________________ Printed Name: _________________________
Its: _______________________________
Title
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Patrick Sejkora
Public Works / Engineering
ITEM DESCRIPTION: I.C. 23812
Approve Professional Services Agreement with Stantec for Construction Administration for the 2023 Pond Improvements Project
ITEM NO.:
XIII.K.
Requested Action
Move to: Approve Professional Services Agreement with Stantec for Construction Administration for the 2023 Pond Improvements Project in the amount of $47,759.50.
Synopsis
This Professional Services Agreement includes construction administration, observation, staking, and record drawings for the 2023 pond dredging improvement project. The agreement will also cover the construction administration of the continuation of the dredging of Pond 23-43-C near Welters Way.
Background Information
The City of Eden Prairie engaged with Stantec to prepare plans and specifications for the dredging of two stormwater ponds: 25-34-A and 14-23-A. These two ponds have experienced
excessive buildup of sediment which has decreased their efficiency in removing stormwater pollutants and presented recurring maintenance concerns.
Pond 23-43-C is a historic wetland located near Welters Way. The northwestern portion of the pond was dredged in February 2023 with Stantec serving as consulting engineer. However, 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.
Project Cost Summary
The project is listed in the City’s Capital Improvement Plan and funded with the Stormwater Utility Fund.
Attachment
Professional Services Agreement
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 5th_ day of December, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stantec Consulting Services Inc. (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is One Carlson Parkway North, Suite 100
Plymouth, Minnesota 55447-4440.
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 Construction Administration for the 2023 Pond Improvements Project hereinafter referred to as the “Work”.
The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Proposal dated November 27, 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 December 5, 2023 through August 31,
2024 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $47,759.50 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, pandemics, fires, acts of God,
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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.
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
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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 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
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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 $2,000,000 general aggregate $2,000,000 Products – Completed Operations
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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.
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional
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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 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
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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 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
Page 8 of 10 2021 04 22
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 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
Page 9 of 10 2021 04 22
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. 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
Page 10 of 10 2021 04 22
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:
Stantec Consulting Services Inc.
1 Carlson Parkway N, Plymouth, MN 55447
November 27, 2023
Patrick Sejkora, P.E., Water Resources Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Dear Mr. Sejkora,
Reference: 2023-2024 Pond Improvement Projects, 2022-23 Pond Improvement Project
Thank you for the opportunity to provide you with this proposal to provide construction administration,
construction observation, and as-builts for the pond improvement projects.
Scope of Work
The scope of work identifies the following tasks necessary for a successful project:
Task 1, 2023-2024 Pond Improvement Projects (25-34-A and 14-23-A)
Task 1A: Construction Administration
Task 1B: Construction Observation
Task 1C: As-Built Survey, Prepare Record Drawings, and Final Walk Throughs
Task 2, 2022-23 Pond Improvement Project (23-43-C)
Task 2A: Construction Administration
Task 2B: Construction Observation
Task 2C: As-Built Survey, Prepare Record Drawings, and Final Walk Throughs
Task 3: Project Management and Meetings
Task 1A: Construction Administration (25-34-A and 14-23-A)
Stantec assumes the responsibility of construction administration. The construction administration will
include:
Coordinate and lead a preconstruction conference. This assumes one preconstruction conference for
both ponds.
Contractor submittal reviews: schedule, dewatering plan, erosion control and access, tree removal,
certificate of insurance, SWPPP
Issue a notice to proceed.
Stake proposed construction work and limits for the stormwater basins. Construction staking will include
two visits to the ponds: initial staking and verification of elevations.
Provide regular updates to the City and public during construction of the project.
Meetings with the contractor to discuss progress: 1-3 meetings per pond conducted virtually or over the
phone.
Notify the City of any construction issues.
Process up to two pay requests.
November 17, 2023
Patrick Sejkora
Page 2 of 5
Reference: 2023-2024 Pond Improvement Projects, 07-24-B Weir, 2022-23 Pond Improvement Project
Process up to two change orders.
Prepare work change directives as required
Review construction quality assurance testing results
Create and distribute certificate of substantial completion.
Prepare and update punch list
Lead substantial completion walkthrough (90%) with the Contractor, City, and Stantec Engineer for
each of the basins.
Issue notices of Substantial and Final Completion
Task 1B: Construction Observation (25-34-A and 14-23-A)
Stantec will provide field construction observation for the duration of the project, at the City’s request.
Currently, we anticipate construction observation to take place for no more than 3 hours per day, for both
ponds, for a 3-week time period. Below are the identified tasks for construction observation.
Observe construction activities
15 days for 25-34-A and 14-23-A (3 total hours of construction observation each day for both
ponds)
Document construction progress and create an inspection form
Take pictures of construction progress
Task 1C: As-Built Survey, Prepare Record Drawings, and Final
Walkthroughs (25-34-A and 14-23-A)
Stantec will assist in the development of as-built record drawings upon completion of dredging. Additionally,
Stantec will complete final walkthroughs with the Contractor and City. Task includes:
Perform as-built survey to verify the quantities (excavated volume).
Survey final grades with GPS.
Plot final grades on design plans to create a record drawing.
Complete checklist with Contractor in advance of the final walkthrough and attend the final walkthrough.
Deliver the record drawing to City electronically.
Task 2A: Construction Administration (23-43-C)
Stantec assumes the responsibility of construction administration. The construction administration will
include:
Coordinate and lead a preconstruction conference. This assumes one preconstruction conference.
Contractor submittal reviews: schedule, dewatering plan, erosion control and access, tree removal,
certificate of insurance, SWPPP
Issue a notice to proceed.
Stake proposed construction work and limits for the stormwater basin. Construction staking will include
two visits to the pond: initial staking and verification of elevations.
November 17, 2023
Patrick Sejkora
Page 3 of 5
Reference: 2023-2024 Pond Improvement Projects, 07-24-B Weir, 2022-23 Pond Improvement Project
Provide regular updates to the City and public during construction of the project.
Meetings with the contractor to discuss progress: 1-3 meetings conducted virtually or over the phone.
Notify the City of any construction issues.
Process up to two pay requests.
Process up to two change orders.
Prepare work change directives as required
Review construction quality assurance testing results
Create and distribute certificate of substantial completion.
Prepare and update punch list
Lead substantial completion walkthrough (90%) with the Contractor, City, and Stantec Engineer.
Issue notices of Substantial and Final Completion
Task 2B: Construction Observation (23-43-C)
Stantec will provide field construction observation for the duration of the project, at the City’s request.
Currently, we anticipate construction observation to take place for no more than 3 hours per day for a 3
week time period. Below are the identified tasks for construction observation.
Observe construction activities
15 days for 25-34-A (3hrs of construction observation each day)
Document construction progress and create an inspection form
Take pictures of construction progress
Task 2C: As-Built Survey, Prepare Record Drawings, and Final
Walkthroughs (23-43-C)
Stantec will assist in the development of as-built record drawings upon completion of dredging. Additionally,
Stantec will complete final walkthroughs with the Contractor and City. Task includes:
Perform as-built survey to verify the quantities (excavated volume).
Survey final grades with GPS.
Plot final grades on design plans to create a record drawing.
Complete checklist with Contractor in advance of the final walkthrough and attend the final walkthrough.
Deliver the record drawing to City electronically.
Task 3: Project Management and Meetings
Stantec staff will be available for meetings with the City on an as-needed basis. Stantec will also schedule
meetings with the City at key milestones in the project. Safety/Risk Management Plans will be billed to this
task.
November 17, 2023
Patrick Sejkora
Page 4 of 5
Reference: 2023-2024 Pond Improvement Projects, 07-24-B Weir, 2022-23 Pond Improvement Project
Schedule and Cost
Stantec anticipates the project will start after a signed contract following the December 5th City Council
meeting. After receiving a signed agreement, Stantec will hold a project kickoff and task setting meeting
with the City. Table 1 identifies the general project tasks and the proposed timing of the tasks, assuming a
signed agreement is received on December 5th.
Stantec will perform the scope of work outlined above on a time-and-materials basis not to exceed
$47,759.50. Stantec will not exceed the amount in this contract without written consent from the City. In the
event of out-of-scope work or additional requests from the City, Stantec will work with the City to develop a
change in scope and additional budget needed to complete the task(s). Table 1 outlines the expected labor
costs, reimbursable expenses, and equipment that will be utilized for this project.
Table 1 – Proposed Cost and Task Schedule
Top
Task Top Task Name
Task
# Task Name Start Date End Date Labor1 Expenses2 Task Total
1
2023-2024 Pond
Improvement
Projects, (25-34-A
and 14-23-A)
1A Construction
Administration 12/05/2023
07/01/2024
$ 6,191 $ - $ 6,191
1B Construction
Observation $ 8,149 $ 130 $ 8,279
1C As-Builts, and Final
Walkthroughs 02/01/2023 $ 7,295 $ 480 $ 7,775
2
2022-23 Pond
Improvement
Project (23-43-C)
2A Construction
Administration 12/05/2023
07/01/2024
$ 6,191 $ - $ 6,191
2B Construction
Observation $ 8,149 $ 85.50 $ 8,234.50
2C As-Builts, and Final
Walkthroughs 02/01/2023 $ 7,295 $ 480 $ 7,775
3
Project
Management and
Meetings
3 Project
Management 12/05/2023 07/01/2024 $ 3,314 $ - $ 3,314
Total $ 47,759.50
1 Assumes the rates from the 2024 General Services Contract.
2 Equipment includes: vehicle mileage, GPS rental, and boat usage. Vehicle mileage is included in Tasks 1, 2, and 3. GPS and jon boat will be used for as-builts.
Thank You!
Stantec appreciates the opportunity to present this scope of work to the City of Eden Prairie. Stantec is
committed to delivering the proposed scope of services on time and within budget. Should you have
November 17, 2023
Patrick Sejkora
Page 5 of 5
Reference: 2023-2024 Pond Improvement Projects, 07-24-B Weir, 2022-23 Pond Improvement Project
questions on items presented in this proposal, please do not hesitate to call or email us (contact info
below).
Sincerely,
Stantec Consulting Services Inc.
Joshua Accola, PE, CFM
Water Res. Engineer/Project Manager
Phone: 952-334-1418
Joshua.Accola@stantec.com
Dan Edgerton, PE
Senior Water Res. Engineer
Phone: 651-775-5627
Dan.Edgerton@stantec.com
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation
ITEM DESCRIPTION:
Cooperative Service Agreement with the USDA for Deer Management Program
ITEM NO.:
VIII.L.
Motion Move to: Approve the Cooperative Service Agreement for the 2023-24 Deer Management Program with the United States Department of Agriculture, Animal and Plant
Health Inspection Services at a cost not to exceed $50,860.13. Synopsis
The City has been working with the USDA for a number of years to manage our deer population. Gary Nohrenberg, State Director of the USDA Wildlife Services has updated their proposed Work Plan that addresses the City’s request for the 2023-24 reduction of white-tailed deer as
outlined in the Deer Management Plan. His proposal includes field site selection, site preparation, baiting and bait monitoring, sharpshooting services, carcass removal and transportation to a meat processor. Recommendation The USDA has conducted white-tailed deer management services for a number of cities in our area
and has improved our management abilities by coordinating with adjacent cities. Their proposal is in line with our budget estimate and staff recommends approval of this agreement. Attachment
Cooperative Service Agreement
Version 7/2019 WS Agreement Number: 24 7227 5300 RA
WBS: AP.RA.RX27.72.4824
City of Eden Prairie Deer PO: _____________
1
COOPERATIVE SERVICE AGREEMENT between THE CITY OF EDEN PRAIRIE, MN
and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS)
ARTICLE 1 – PURPOSE The purpose of this Cooperative Service Agreement is to cooperate in a wildlife damage management project as described in the attached Work Plan.
ARTICLE 2 – AUTHORITY APHIS-WS has statutory authority under the Acts of March 2, 1931, 46 Stat. 1468-69, 7 U.S.C.
§§ 8351-8352, as amended, and December 22, 1987, Public Law No. 100-202, § 101(k), 101 Stat.
1329-331, 7 U.S.C. § 8353, to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions while conducting a program of wildlife services involving mammal and bird species that are reservoirs for zoonotic diseases, or animal species that are injurious and/or a nuisance to, among other things, agriculture, horticulture, forestry,
animal husbandry, wildlife, and human health and safety.
ARTICLE 3 - MUTUAL RESPONSIBILITIES
APHIS-WS and City of Eden Prairie mutually understand and agree to/that:
1. APHIS-WS shall perform services set forth in the Work Plan, which is attached hereto and made a part hereof. The parties may mutually agree in writing, at any time during the term of this agreement, to amend, modify, add or delete services from the Work Plan.
2. The Cooperator certifies that APHIS-WS has advised the Cooperator there may be private sector service providers available to provide wildlife damage management (WDM) services that the Cooperator is seeking from APHIS-WS.
3. There will be no equipment with a procurement price of $5,000 or more per unit purchased
directly with funds from the cooperator for use on this project. All other equipment purchased for the program is and will remain the property of APHIS-WS. 4. The cooperating parties agree to coordinate with each other before responding to media
requests on work associated with this project.
2
5. To meet as determined necessary by either party to discuss mutual program interests, accomplishments, needs, technology, and procedures to maintain or amend the Work Plan.
Personnel authorized to attend meetings under this Agreement shall be the Eden Prairie
Parks and Natural Resource Manager, City Manager or their designee(s), the Eden Prairie Police Chief or their designee(s) and the WS State Director or his/her designee, and/or those additional persons authorized and approved by the City of Eden Prairie, and the WS State Director.
ARTICLE 4 - COOPERATOR RESPONSIBILITIES
City of Eden Prairie agrees:
1. To designate the following as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement;
City of Eden Prairie: Mathew Bourne, Parks and Natural Resource Manager
City of Eden Prairie, MN 8080 Mitchell Road Eden Prairie, MN 55344 Phone: 952-949-8535
2. To authorize APHIS-WS to conduct direct control activities as defined in the Work Plan. APHIS-WS will be considered an invitee on the lands controlled by the City of Eden Prairie. The City of Eden Prairie will be required to exercise reasonable care to warn APHIS-WS as to dangerous conditions or activities in the project areas.
3. To reimburse APHIS-WS for costs, not to exceed the annually approved amount specified in the Financial Plan. If costs are projected to exceed the amount reflected in the Financial Plan, the agreement with amended Work Plan and Financial Plan shall be formally revised and signed by both parties before services resulting in additional costs are performed. The
Cooperator agrees to pay all costs of services submitted via an invoice from APHIS-WS
within 30 days of the date of the submitted invoice(s). Late payments are subject to interest, penalties, and administrative charges and costs as set forth under the Debt Collection Improvement Act of 1996.
4. To provide a Tax Identification Number or Social Security Number in compliance with
the Debt Collection Improvement Act of 1996. 5. As a condition of this agreement, the Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt.
6. To notify APHIS-WS verbally or in writing as far in advance as practical of the date and time of any proposed meeting related to the program. 7. The Cooperator acknowledges that APHIS-WS shall be responsible for administration of
APHIS-WS activities and supervision of APHIS-WS personnel.
3
8. To obtain the appropriate permits for removal activities for species listed in the Work Plan and list USDA, APHIS, Wildlife Services as subpermitees.
9. The Cooperator will not be connected to the USDA APHIS computer network(s). 10. To coordinate with Wildlife Services for the removal and/or disposal of wildlife species removed.
ARTICLE 5 – APHIS-WS RESPONSIBILITIES APHIS-WS Agrees:
1. To designate the following as the APHIS-WS authorized representative who shall be responsible for collaboratively administering the activities conducted in this agreement.
Gary Nohrenberg, State Director 644 Bayfield St., Ste. 215 St. Paul, MN 55107
Phone: 651-224-6027
gary.nohrenberg@usda.gov 2. To conduct activities at sites designated by the City of Eden Prairie as described in the Work and Financial Plans. APHIS-WS will provide qualified personnel and other
resources necessary to implement the approved WDM activities delineated in the Work Plan and Financial Plan of this agreement. 3. That the performance of wildlife damage management actions by APHIS-WS under this agreement is contingent upon a determination by APHIS-WS that such actions are in
compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable federal statutes. APHIS-WS will not make a final decision to conduct requested wildlife damage management actions until it has made the determination of such compliance.
4. To invoice the City of Eden Prairie quarterly for actual costs incurred by APHIS-WS during the performance of services agreed upon and specified in the Work Plan. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to inspect the accounts and records of APHIS-WS pertaining to such claims for reimbursement to the extent permitted by Federal law and regulations.
ARTICLE 6 – CONTINGENCY STATEMENT This agreement is contingent upon the passage by Congress of an appropriation from which
expenditures may be legally met and shall not obligate APHIS-WS upon failure of Congress to so appropriate. This agreement may also be reduced or terminated if Congress only provides APHIS-WS funds for a finite period under a Continuing Resolution.
4
ARTICLE 7 – NON-EXCLUSIVE SERVICE CLAUSE
Nothing in this agreement shall prevent APHIS-WS from entering into separate agreements with
any other organization or individual for the purpose of providing wildlife damage management services exclusive of those provided for under this agreement.
ARTICLE 8 – CONGRESSIONAL RESTRICTIONS
Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this agreement or to any benefit to arise therefrom.
ARTICLE 9 – LAWS AND REGULATIONS This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C. 6304). In this agreement, APHIS-WS provides goods or services on a cost recovery basis
to nonfederal recipients, in accordance with all applicable laws, regulations and policies.
ARTICLE 10 – LIABILITY
APHIS-WS assumes no liability for any actions or activities conducted under this agreement
except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 U.S.C. 1346(b), 2401(b), and 2671-2680).
ARTICLE 11 – NON-DISCRIMINATION CLAUSE The United States Department of Agriculture prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex,
marital status, familial status, parental status, religion, sexual orientation, genetic information,
political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. Not all prohibited bases apply to all programs.
ARTICLE 12 - DURATION, REVISIONS, EXTENSIONS, AND TERMINATIONS
This agreement shall become effective on December 5th, 2023 and shall continue through September 30th, 2024. This Cooperative Service Agreement may be amended by mutual agreement of the parties in writing. The Cooperator must submit a written request to extend the
end date at least 10 days prior to expiration of the agreement. Also, this agreement may be
terminated at any time by mutual agreement of the parties in writing, or by one party provided that party notifies the other in writing at least 60 days prior to effecting such action. Further, in the event the Cooperator does not provide necessary funds, APHIS-WS is relieved of the obligation to provide services under this agreement.
5
In accordance with the Debt Collection Improvement Act of 1996, the Department of Treasury requires a Taxpayer Identification Number for individuals or businesses conducting business with
the agency.
Cooperator’s Tax ID No.: 41-0855460 APHIS-WS’s Tax ID: 41-0696271
_______________________
Date
_________________________Date
CITY OF EDEN PRAIRIE, MN:
_______________________________________
Mayor
_______________________________________City Manger
City of Eden Prairie
8080 Mitchell Rd Eden Prairie, MN 55344
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES
_______________________________________ _______________________
Gary Nohrenberg, State Director Date USDA, APHIS, WS 644 Bayfield St., Ste. 215 St. Paul, MN 55107
_______________________________________ _______________________
Keith Wehner Date
Director, Eastern Region USDA, APHIS, WS 920 Main Campus Drive Suite 200
Raleigh, NC 27606
6
WORK PLAN
Introduction In accordance with the Cooperative Service Agreement between The City of Eden Prairie and the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service
(APHIS), Wildlife Services (WS), this Work Plan sets forth the objectives, activities and budget
of this project during the period of this agreement. The APHIS WS program uses an Integrated Wildlife Damage Management (IWDM) approach (sometimes referred to as IPM or “Integrated Pest Management”) in which a series of methods
may be used or recommended to reduce wildlife damage. These methods include the alteration of
cultural practices as well as habitat and behavioral modification to prevent damage. However, controlling wildlife damage may require that the offending animal(s) are killed or that the populations of the offending species be reduced.
Program Objective To assist the Eden Prairie, MN in managing nuisance and damaging wildlife species within the City of Eden Prairie’s jurisdiction.
Plan of Action WS personnel will remove deer from City-designated control areas using suppressed firearms
equipped with night vision or thermal imaging scopes. Spotlights may also be used while
conducting control activities. Safe shooting zones and safe back-drops will be established for all control areas. WS will prioritize public safety during all control operations and utilize a minimum of 2 WS personnel when conducting deer control work. Most deer control activities will be conducted at dusk/night. All control activities will be coordinated with Mathew Bourne, Parks
and Natural Resource Manager and the Eden Prairie Police department. WS personnel will advise
local law enforcement and the appropriate local Minnesota Department of Natural Resources Conservation Officer when firearm related wildlife control work is being conducted. Under this agreement, WS will provide up to 28 scouting/bait site maintenance visits and up to 14
visits to conduct white-tailed deer control activities. The number of site visits provided may be
altered to ensure that funding expenditures do not exceed the amount established in the Financial Plan of this document. As part of this agreement, WS will also remove or assist in the removal of other nuisance or
damaging wildlife species as requested by the City of Eden Prairie and mutually agreed upon.
WS will use generally accepted wildlife damage management tools, equipment and techniques to conduct all removal activities under this agreement.
7
FINANCIAL PLAN
Cost Element Full Cost
Personnel Compensation $31,173.60
Travel $0.00
Vehicle fuel/use/maintenance $4,126.50
Other Services
Supplies, Materials and Equipment $4,700.00
Subtotal (Direct Charges) $40,000.10
Pooled Job Costs 11.00% $4,400.01
Indirect Costs 16.15% $6,460.02
Agreement Total $50,860.13
The distribution of the budget from this
Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed:
$50,860.13
Financial Point of Contact/Billing Address:
APHIS-WS:
Connie Timm 34912 U.S. Hwy. 2 Grand Rapids, MN 55744 218-327-3350
City of Eden Prairie, MN
Mathew Bourne 8080 Mitchell Road Eden Prairie, MN 55344 952-949-8535Constance.l.timm@usda.gov
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Amy Markle, Parks and Recreation Director
ITEM DESCRIPTION:
Community Garden Plot Lease Agreement with
Metropolitan Airport Commission
ITEM NO.:
VIII.M.
Requested Action
Move to: Approve one-year Community Garden Plots Lease Agreement with the Metropolitan Airport Commission (MAC). Synopsis
This lease agreement is for the use of the 3.17 acre land parcel of MAC Property at 13180 Pioneer Trail for Community Gardens. These garden plots have been rented annually by residents through the Parks and Recreation Department to grow vegetables and flowers. The previous garden plot lease agreement between the City and MAC expired on December 31, 2023. The MAC has prepared a new one-year lease agreement at the rental rate of $971.78, which allows the City the right to utilize
this property again for the 2024 gardening season. Attachment Lease Agreement
IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day and year written below.
METROPOLITAN AIRPORTS COMMISSION
By ____________ _Chad E. Leqve Vice President, Management & Operations
Date. _____ _
CITY OF EDEN PRAIRIE
By ____________ _Mayor
Date _____ _
By ____________ _City Manager
Date _____ _
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May 16,2011
EXHIBIT A
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EXHIBIT B
·COMMUNITY GARDEN PLOTS"PREMISES" - LEGAL l>ESCRIPTION
May 16,2011
. Beginning at the southwest corner of the southeast quarter of the northeast quarter of Section 27, Township 116, R1;mge 22 lying in Hennepin County, Minnesota; then northward-a-long the west line of said southeast quarter a distance of 760 feet, then
south 89° 36' 24" east a distance of approximately 162-feet to a point intersecting the right-of-way of the east side of Pioneer Trail which is .the point ·of beginning for the Premises; then continuing on the same bearing eastward a di�nce of 147.97 feet, then south 0° 25' 2311 west a distance of 100 feet, then north 89° 58' east a distance of approxlmately 645 feet to the Intersection with. of the north right-of-way line of Hennepin County Road #1, then proceeding In a southwestern, westerly, northwesterly and northerly along said road right-:of-way line back to the point of beginning.
Motion Move to: Authorize the Standard Agreement for Professional Services with Stantec, Inc. for
the Development of Design and Construction Documents for construction of a new Retaining Wall at RTA at a cost not to exceed $21,924. Synopsis
Staff recommends entering into a professional services agreement with Stantec Consulting Services for development of design and construction documents for the RTA Maintenance Trail Stabilization Improvement Project. The proposed project will remedy significant erosion along the maintenance trail that connects the upper and lower parking lots. Erosion along stretches of this trail has reached a critical point and is at risk of collapse. The threat of collapse is a safety
hazard for bikers, pedestrians, park maintenance personnel, and any other passerby. In addition, City staff are concerned that the continued disturbance of erosion will impact the remnant prairie situated above the area of concern.
Background RTA is one of Eden Prairie’s most coveted conservation areas. This network of trails is a destination for walkers, hikers, runners, birders, and nature enthusiasts. The trail system within RTA has received minimal maintenance or upgrades over the years and needs erosion
intervention implementations to ensure long-term accessibility to our community. Stantec has
provided professional services for similar work within our park system and surrounding communities. Staff is recommending Stantec to develop plans and specifications for this project. Funding for this project comes from the Capital Maintenance and Reinvestment fund under the
Parks and Recreation Department. Bid Summary and Recommendation 2023 RTA Maintenance Trail Stabilization Improvement Project
Stantec $21,924.00
HTPO $24,800.00 Sambatek $73,500.00
Attachment Standard Agreement for Professional Services Exhibit A
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION: Jason Goblirsch, Parks
Construction Supervisor,
Parks and Recreation
ITEM DESCRIPTION: Professional Services Agreement with
Stantec Consulting Services for Design &
Construction Documentation for Richard T. Anderson (RTA) Maintenance Trail Stabilization Improvement Project.
ITEM NO.:
VIII.N.
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 5th day of December, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stantec Consulting Services (“Consultant”), a Minnesota incorporation (hereinafter “Consultant”) whose business address is One Carlson Parkway North, Suite 100
Plymouth, MN 55447-4440.
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 Design and Construction Documentation for the construction of a new retaining wall for the Richard T. Anderson Maintenance Trail Stabilization Improvement Project,
hereinafter referred to as the “Work”.
The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A 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 December 5th, 2023, through bidding
assistance for the project the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $21,924 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
Page 2 of 10 2021 04 22
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress
summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
Page 3 of 10 2021 04 22
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such
suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been
paid.”
6. Project Manager and Staffing. The Consultant shall 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
Page 4 of 10 2021 04 22
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
Page 5 of 10 2021 04 22
$2,000,000 general aggregate $2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000
d. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
e. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available.
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
h. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City.
j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory.
Page 6 of 10 2021 04 22
k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional
Liability policy shall insure the defense and indemnity obligations assumed by
Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable.
l. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. m. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City. o. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing. p. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required
policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any
policy provided for under this paragraph.
q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless
Page 7 of 10 2021 04 22
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
Page 8 of 10 2021 04 22
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
Page 9 of 10 2021 04 22
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.
Page 10 of 10 2021 04 22
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:
DISCLAIMER: The City of Eden Prairie does not warranty the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.
*Any aerial photography and parcel geometry was obtained from Hennepin County and allusers are bound by the express written contract between Hennepin County and the Cityof Eden Prairie.
Scale:1:6,547 ²0 220 440
ft
Addresses
Trails
Trail Detail
Bridge
Sidewalk
General Trail
Unpaved Trail
Parcels
Maintenance Trail Retaining WallMaintenance Trail Retaining Wall
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Professional Services Agreement with Stantec Consulting Services for Design & Construction Documentation for Richard T. Anderson (RTA) West Bluff Overlook Trail
Stabilization Improvement Project.
ITEM NO.:
VIII.O.
Motion
Move to: Authorize the Standard Agreement for Professional Services with Stantec, Inc. for
the Development of Design and Construction Documents for trail stabilization improvements at a cost not to exceed $33,363. Synopsis
Staff recommends entering into a professional services agreement with Stantec Consulting Services for
development of design and construction documents for the RTA West Bluff Overlook Trail Stabilization Improvement Project. The proposed project will remedy erosion along a 700’ long trail leading up towards the bluff overlook. Erosion along this stretch of trail is significant and becoming hazardous to
visitors. Erosion is now threatening the health of the nearby creek, remnant prairie, and woodland. Background RTA’s bluff overlook is one of Eden Prairie’s conservation area destinations. This trail is used by
walkers, hikers, runners, birders, and nature enthusiasts. Additionally, the trail is used by groups
taking photos for school events, weddings, graduations, etc. due to the beautiful scenery looking over the Minnesota River. There have been attempts to remedy the erosion issues along this 700’ stretch of trail without achieving lasting positive results. City staff recommends we engage an engineering firm that is well versed in environmental engineering to study and document the
existing impacts of erosion, to identify erosion control measures that provide a long-term remedy
while maintaining the ecological integrity of the conservation area, and to help the City seek supplemental funding through grant opportunities. The services and experience offered by Stantec best fits these needs for this project.
Funding for this project comes from the Capital Maintenance and Reinvestment fund under the
Parks and Recreation Department. Bid Summary and Recommendation
Stantec was selected due to their high level of expertise with complex erosion related projects
and large-scale natural resource management. Also, their proposal included both the document preparation and assistance in working through grant applications that would result in significant project cost savings.
2023 West Bluff Overlook Trail
Stantec $33,363.00
HTPO $25,500.00
Sambatek $8,000.00
Attachment Standard Agreement for Professional Services Exhibit A
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 5th day of December, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stantec Consulting Services (“Consultant”), a Minnesota incorporation (hereinafter “Consultant”) whose business address is One Carlson Parkway North, Suite 100
Plymouth, MN 55447-4440.
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 Development of Design and Construction Documents to rehabilitate the western trail heading up to the bluff overlook for the West Bluff Overlook Stabilization Improvement
Project hereinafter referred to as the “Work”.
The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A 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 December 5th, 2023, through bidding
assistance for the project 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 $33,363.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
Page 2 of 10 2021 04 22
c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to
perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and
define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress
summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
Page 3 of 10 2021 04 22
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such
suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in
writing by the City.
d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been
paid.”
6. Project Manager and Staffing. The Consultant shall 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
Page 4 of 10 2021 04 22
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
Page 7 of 10 2021 04 22
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
Page 8 of 10 2021 04 22
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
Page 9 of 10 2021 04 22
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:
DISCLAIMER: The City of Eden Prairie does not warranty the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.
*Any aerial photography and parcel geometry was obtained from Hennepin County and allusers are bound by the express written contract between Hennepin County and the Cityof Eden Prairie.
Scale:1:13,094 ²0 440 880
ft
Addresses
Trails
Trail Detail
Bridge
LRT Trail
Sidewalk
General Trail
Unpaved Trail
Parcels
West Bluff Overlook TrailWest Bluff Overlook Trail
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
Dec. 5, 2023
DEPARTMENT / DIVISION
Chief Matt Sackett Police Department
ITEM DESCRIPTION
Approve Purchase of Nordic patrol rifles and rifle accessories
ITEM NO.
VIII.P.
Requested Action Move to: Approve purchase of police patrol rifles and accessories in the amount of $125,000 from Streicher’s Police Equipment.
Synopsis The Eden Prairie Police Department would like to purchase 50 Nordic M4 patrol rifles. The purchase of the 50 rifles and accessories will allow the police department to replace the current patrol rifles which
are 20 years old and past the end of their operational life cycle. Eden Prairie PD instructors and armorers tested numerus rifle models from six manufacturers. After testing, instructors and armorers weighed in on their top three choices. The top three rifles were the Nordic M4, the Daniel Defense model RIII, and the Daniel Defense model V7S. After comparing price,
quality, availability, and local customer service, we selected the Nordic M4 rifle. Nordic Rifles are made in Waconia, MN and their AR-15 rifles are only sold to law enforcement. The sole distributor to law enforcement for Nordic Rifles is Streicher’s Police Equipment. Nordic Rifles are not available from other vendors and the department was therefore unable to obtain other quotes for the Nordic M4 rifles. Streicher’s quoted a price of $1,262.50 per rifle. We were able to negotiate with Streicher’s Police
Equipment a 50-rifle package with all needed accessories and suppressors. Due to the large rifle and suppressor purchase, Streicher’s was able to put together a total rifle package that met the Eden Prairie Police Departments requirements and fit the CIP budget. The police department also obtained quotations from Sentinel MN for the other two rifle models that
met the department’s basic requirements. Sentinel quoted the Daniel Defense RIII Rifle at $1,540.00 per rifle and the Daniel Defense V7S Rifle at $1,320.00 per unit. Because these per-rifle prices are higher than Streicher’s quote for the Nordic M4 ($1,262.50 per rifle), and because the Nordic M4 is preferred by the department due to quality, availability, and local customer service, staff recommends approving the purchase of the Nordic M4 Rifles and accessories from Streicher’s Police Equipment. This purchase
was budgeted for in the current Capital Improvement Plan (CIP). Attachment
• Streicher’s Police Equipment Quote dated October 10, 2023, including Nordic M4 Rifles,
suppressors, and all accessories
Sell
To: Eden Prairie Police Dept
8080 Mitchell Rd
Eden Prairie, MN 55344
SalesPerson
Ship
To:
SALES QUOTE
Eden Prairie Police Dept
8080 Mitchell Rd
Eden Prairie, MN 55344
Sales Quote Number:
Sales Quote Date:
262
Jeremy Jenniges
Page:
Q355571
10/10/23
1
Ship Via
Terms Net 15 763-252-2502Phone:
jeremyj@Streichers.comE-mail:
(952) 949-6200
(952) 949-6203
Phone:
Fax:
www.Streichers.com
10911 W Hwy 55
Minneapolis, MN 55441
Phone: 763-546-1155
Fax: 763-546-6776
Streicher's - Minneapolis
Federal ID # 41-1458127
Item No.UnitDescription Quantity Unit Price Total Price
NC-556.1156 EA 50 1,262.50 63,125.00.223 RIFLE: NORDIC NC-15, 11.5, SEMI
AUTO,(1) 30-RND (EPPD).
B5 stock, ambi charger & selector, QD mounts
OSS-FLOWK.556K EA 50 990.00 49,500.00Suppressor: Flow 556K, Black w/556
Flashhider, Kit
MPI-1166.K EA 50 36.00 1,800.00MBUS: GEN3 FRONT Folding Backup Sight,
Black
MPI-1167.K EA 50 47.00 2,350.00MBUS: GEN3 Rear Folding Backup Sight,
Black
MPI-518.K EA 50 54.50 2,725.00SLING: Gen 2 MS4 Dual QD Sling, 1 or 2
Point, Black
NS-LGL160 EA 50 110.00 5,500.00Weapon Light: Long Gun w/Rem Switch, Pic
mounts, 1100 Lumen
Total:
Quoted prices do not include Sales Tax. All quoted prices are valid for 60 days from the date of the quote.
125,000.00
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
Dec. 5, 2023
DEPARTMENT / DIVISION
Police, Chief Matt Sackett
ITEM DESCRIPTION
Approval of 2024 Towing Services Agreement
ITEM NO.
VIII.Q.
Requested Action Move to: Approve renewal of the towing services agreement between the City of Eden Prairie and Allen’s Service Inc, DBA Matt’s Auto Service
Synopsis This agreement for towing services will provide consistency of towing services and costs.
Background For 58 years, Matt’s Auto Service has been the official towing agency for the City of Eden Prairie. Matt’s Auto Service has consistently provided the City with quality service. Matt’s Auto Service provides towing/impoundment services for several other local police departments. This is a renewal of
the 2023 agreement. Attachment Agreement
1
2024 AGREEMENT FOR TOWING SERVICES
THIS AGREEMENT, entered into this 5th day of December, 2023, between the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, MN 55344 (“City”), and Allen’s Service Inc. DBA Matt’s Auto Service, 6283 Industrial Drive, Eden Prairie, MN 55344 (“Contractor”).
In consideration of the mutual covenants contained herein, the City and Contractor agree as follows: 1. Contractor’s Services. The Contractor agrees to provide all services
required by the City for towing of “vehicles,” as that term is defined in Minn. Stat. §
169.011, Subd. 92. These services shall be provided in accordance with the terms of this Agreement. The Contractor shall furnish the equipment, personnel, supplies, and facilities sufficient to fulfill all the terms of this Agreement.
2. Personnel. All drivers provided for the towing of vehicles shall be checked
for driver’s license and warrants by the City of Eden Prairie Police Department (hereinafter, the “Police Department”) prior to their assignment. Contractor agrees to train all drivers in the proper towing of vehicles containing hazardous materials in accordance with federal and state laws.
3. Storage Facility. The Contractor shall provide a storage facility for towed vehicles which shall be fenced and locked in a secure manner. The facility shall have space for no fewer than 150 vehicles and shall be located within one mile of the City limits.
4. Operation. No vehicle shall be towed under this Agreement without
specific authorization from an employee or agent of the City. All vehicles shall be towed, not driven (except when authorized) without damage to the vehicles, to the storage facility. Contractor shall maintain and provide a telephone answering service 24 hours a day for the purpose of receiving requests for service pursuant to this Agreement, and provide and
maintain mobile radio service with all towing units.
5. Notification of Owner. Upon the deposit of a towed vehicle in the storage facility, the Contractor shall follow MN State Statute notification requirements listed in State Statute 168B.06. A record of this notice shall be retained by the Contractor.
6. Release. No vehicle shall be released without proper proof of ownership. Vehicles ordered held by the Police Department (“Police Hold”) shall not be released without written authorization from the Police Department. Vehicles not kept on a Police Hold shall be released by the Contractor after obtaining proper proof of ownership and
proof of current insurance coverage if the vehicle is to be driven out of the storage facility.
The Contractor reserves the right to specify the manner of payment for all charges and fees. The Contractor agrees to supply personnel and reasonable hours of operation for the release of vehicles. Minimum hours shall be 8:00 a.m. to 5:00 p.m. Monday through Friday; 11:00
2
a.m. to 12:00 p.m. Saturdays, Sundays, and holidays. Contractor agrees to provide emergency service beyond those hours at the request of the Police Department.
7. Towing and Storage Charges. The 24-hour towing rate schedule for the term of this Agreement for City of Eden Prairie impounded vehicles is: TOWING RATES
Impounded vehicles $145.00 Trailering impounded vehicles (additional) $5 minimum Accidents $145.00-$165.00* Lowboy & Tractor service $250/hour minimum
Dollies (Additional) $25.00/45.00
Winching (Additional) $45 small truck $500 big truck* Semi truck tractors and trailers $500.00 per hour* On-scene additional labor charges $50.00/hour minimum
*additional labor charges may be imposed depending on the specific equipment or labor needed at the scene. STORAGE RATES
Cars and pickup trucks $35.00/day Two wheel motor vehicles, mopeds, ATVs, and snowmobiles $45.00/day Inside storage $55.00/day
Tractor-trailers, large trucks $65.00-75.00/day
Note: (1) Vehicles not able to be towed by conventional means due to unusual factory or after-market equipment installed will be towed at the lowboy and tractor service rate plus additional labor charges which the Contractor must justify.
Note: (2) Additional labor charges may include, but are not limited to, unlocking vehicles, disconnecting transmission linkages or driveshafts, unusual road clean up, snow shoveling, any additional equipment needed, and vehicles located off the main roadways. Labor charges must be justified by the
Contractor.
All towing or storage charges shall be the responsibility of the vehicle owner, except that (a) public safety vehicles requiring towing within the City shall be towed without charge to the City, (b) vehicles towed and/or stored in error (at the request of the City) shall be
returned to the owner at no charge, (c) Contractor may charge, in its discretion, a $25 fee
for vehicles impounded by the City and abandoned by the owner that require disposal at the Contractor’s expense pursuant to paragraph 10 of this Agreement. Any such fees
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charged by the Contractor shall be deducted from the administrative fees owed by the Contractor pursuant to paragraph 9 of this Agreement.
8. Forfeited Vehicles. Vehicles towed and stored pursuant to seizure/forfeiture under Minnesota Statutes §§ 609.531 to 609.5318 and § 169A.63 and subsequently released to the registered owner or lien holder shall be towed and stored pursuant to the following guidelines:
(a) Rates (i) Vehicles released within 15 days of impound (0–15 days) shall be charged the towing and storage fees outlined in paragraphs 6 and 7.
(ii) Vehicles released up to 60 days after impound (16–60 days) shall be charged a $200.00 flat fee. (iii) Vehicles released more than 60 days after impound (61+ days) shall
be charged a $200 flat fee plus $5 per day beginning on the 61st day.
(b) Notification (i) If the registered owner or lienholder collects the vehicle within 4
days of the date of release of the hold, the Contractor shall charge no
additional storage rates beyond those outlined in (a)(i)–(iii), above. (ii) If the registered owner or lienholder fails to collect the vehicle within 2 days of the date of release of the hold, the Contractor shall send
notification to the registered owner or lienholder via certified mail to collect
the vehicle. If the registered owner or lienholder does not collect the vehicle within 4 days from the date the Contractor mailed the notification, the Contractor shall charge the applicable storage rate outlined in paragraph 7, beginning on the 5th day after the notification was mailed.
(iii) If the Contractor is required to send notice by certified mail, the Contractor shall also charge to the registered owner or lienholder $30.00 to cover staff time and materials.
Release of such vehicles shall be governed by Minnesota Statutes §§ 609.531 to 609.5318,
§ 169A.42, and § 169A.63. Any storage or towing fees paid to the Contractor by the registered owner or lien holder which have already been paid by the City shall be reimbursed to the City by the Contractor.
9. Transfer to Long-Term Storage Facility. At the City’s request, the
Contractor agrees to transport vehicles from its facility to a long-term storage facility designated by the City. The City agrees to pay to the Contractor $115 for each vehicle transported by the Contractor to the long-term storage facility.
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10. Records and Reports. The Contractor shall prepare an annual report of all
vehicles towed, stored, released, and still held by the Contractor in a form acceptable to the
City (the “Annual Towing Report”). The Annual Towing Report shall include the reasons why, if any, vehicles towed have not been released. The Contractor shall file the Annual Towing Report with the Police Department on or before January 31 of each year for the preceding twelve-month period. All records of services provided by the Contractor
pursuant to this Agreement shall be available for inspection by the City upon request.
11. Administrative Fees. The Contractor agrees to pay the City $3.00 for clerical and administrative expenses for each vehicle referenced in the Annual Towing Report filed with the Police Department. The Contractor shall pay these fees annually at
the same time that the Contractor files the Annual Towing Report as provided in paragraph
9. Vehicles not claimed and destroyed by the Contractor will be exempt from the administrative fee. 12. Sales and/or Disposal. When the total of all charges for towing, storage,
and other charges equals or exceeds the value of the vehicle impounded, the Contractor
shall, with the permission of the Chief of Police of the Police Department, sell the vehicle at a sheriff’s sale or otherwise dispose of the vehicle by lawful means. The Chief of Police may authorize the lawful sale of other vehicles when so requested by the Contractor after proper notification has been made to the registered owner. The Contractor shall report all
transactions of sale or disposal, including the proceeds received, in the Annual Towing
Report. The Contractor shall keep records and prepare an annual summary report by January 31, 2025, of all losses and profits from the sale or disposal of vehicles towed pursuant to this Agreement.
13. Liability. The Contractor shall be responsible for the loss of, or damage to,
any vehicle, equipment thereon, and contents therein due to the fault of the Contractor or his agent, from the time the Contractor, its employees or agents take custody of the vehicle, including by signing the receipt for the vehicle, by hooking or hoisting the vehicle, or by any other means. The Contractor shall be responsible for the safekeeping of personal
property within or on the vehicle as identified on the vehicle impound form.
14. Indemnification. The Contractor shall indemnify, hold harmless, and defend the City, its employees, and agents from and against all claims, damages, losses, and expenses, including attorneys’ fees, which the City may suffer or for which it may be
held liable because of bodily injury, including death, or damage to property, including loss
of use, arising out of any act or omission of the Contractor, its employees, agents, or subcontractors in the performance of this Agreement. 15. Insurance. The Contractor shall obtain and maintain liability insurance for
coverage of not less than the following amounts:
Hazardous Load As required by state and federal law
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Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,000,000 each occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate $1,000,000 personal and advertising injury
$10,000 medical expense
Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all hired, scheduled, and non-
owned autos)
Umbrella or Excess Liability $2,000,000 Motor Cargo Coverage $200,000/$1,000 deductible
The insurance shall cover all operations under this Agreement, whether undertaken by the Contractor, subcontractors, or anyone employed or retained by them. Coverage for bodily injury and property damage shall be written under comprehensive general and comprehensive automobile liability policy forms, including coverage for all owned, hired,
and non-owned motor vehicles. The insurance shall also cover the indemnification liability
set forth in paragraph 14. All insurance policies required by this paragraph shall include a provision stating that the policy may not be canceled, terminated, or reduced except upon thirty (30) days written notice to the City.
The insurance company shall deliver to the City certificates of all required
insurance on a form provided by the City, signed by an authorized representative. The representative shall have in effect errors and omissions coverage in limits of not less than $100,000 per occurrence and $300,000 aggregate.
16. Non-Discrimination. The Contractor agrees during the life of this
Agreement not to discriminate against any employee, applicant for employment, or other individual because of race, color, sex, age, creed, national origin, or any other basis prohibited by federal, state, or local laws. The Contractor will include a similar provision in all subcontracts entered into for performance of this Agreement.
17. Subcontractors. The Contractor shall not subcontract all or any portion of this Agreement without the prior written approval of the City, except for assistance in
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emergency or unforeseen circumstances. All subcontractors shall be bound by and covered by all terms of this Agreement.
18. Agreement Period. This Agreement shall be effective as of January 1, 2024, and terminate on January 15, 2025 or upon commencement of a renewal of this Agreement, whichever first occurs. This Agreement may be renewed from year to year on the same terms and conditions upon the mutual written consent of the City and the Contractor. This
Agreement may also be terminated by either party upon fifteen (15) days written notice if
the other fails to perform in accordance with the terms of this Agreement through no fault of the terminating party. 19. Independent Contractor. At all times and for all purposes hereunder, the
Contractor is an independent contractor and not an employee of the City. No statement
herein shall be construed so as to find the Contractor an employee of the City. 20. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement as follows: (1) if it is directed to the
City, by delivering it personally to an officer of the City; (2) if it is directed to the
Contractor, by delivering it personally to an officer of the Contractor; (3) if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; (4) if sent via email, followed by deposit in the U.S. mail, but failure to follow the email with mailed notice does not negate the validity of the emailed notice; or
(5) if deposited cost paid with a nationally recognized, reputable overnight courier,
properly addressed as follows: If to the City: City of Eden Prairie 8080 Mitchell Road
Eden Prairie, MN 55344
Attn: Matt Sackett, Chief of Police Email: msackett@edenprairie.org
If to Buyer: Allen’s Service, Inc. DBA
Matt’s Auto Service 6283 Industrial Drive Eden Prairie, MN 55346 Attn: _______________________________
Email: ______________________________
Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid, provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run one business day after any such
deposit. Any 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.
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22. Compliance with Laws. In providing services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to
the performance of this Agreement. Any violation shall constitute a material breach of this
Agreement and entitle the City to terminate this Agreement. 22. Audit. The books, records, documents, and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to
examination by the City and either the Legislative Auditor or the State Auditor as
appropriate. 23. Payment to Subcontractors. The Contractor shall pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed
services provided by the subcontractor. The Contractor shall pay interest of one and one-
half percent (1½%) per month or any part of a month to a subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual amount due to the subcontractor.
24. Data Practices Act Compliance. 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 the
Contractor in performing any of the functions of the City during performance of this
Agreement is subject to the requirements of the Data Practice Act and the Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language.
25. Final Payment. The City may withhold from any final payment due the Contractor such amounts as are incurred or expended by the City on account of the termination of the Agreement.
26. Agreement Review. The Contractor reserves the right to renegotiate
certain fees should fuel prices rise significantly during the term of this Agreement. 27. Whole Agreement. This Agreement embodies the entire agreement between the parties including all prior understanding and agreements, and may not be
modified, except in writing, signed by all parties.
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ALLEN’S SERVICE, INC. DBA CITY OF EDEN PRAIRIE
MATT’S AUTO SERVICE By___________________________ By______________________________
Its Owner Its Mayor
By_______________________________ Its City Manager
Dated:________________________ Dated:____________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Administration/
Finance, Tammy Wilson
ITEM DESCRIPTION:
Approve contract with Ehlers for Financial Advisory Services
ITEM NO.:
VIII.R.
Requested Action
Move to: Approve contract for financial advisory services to Ehlers.
Synopsis
The City completed a request for proposal (RFP) process in 2018 to select a financial advisory firm to provide services as it relates to debt issuance, economic and housing development and redevelopment, and annual tax increment financing reporting. The original contract allowed for
the renewal of the contract. This action extends the contract for five more years as we have been satisfied with their service.
For the last contract, we have paid between $29,945 and $45,850 annually. Costs will vary year to year based on the number of debt issuances, tax increment districts and housing/development
projects.
Attachments
Professional Services Agreement
Exhibit A – Fee Schedule
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 5th day of December, 2023, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Ehlers (“Consultant”), a Minnesota Company (hereinafter “Consultant”) whose business address is 3060 Centre Pointe Drive Roseville, MN 55113-1122.
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 Financial Advisory Services hereinafter referred to as the “Work”. The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Schedule of Professional Fees) in connection with the Work. This is a five-year renewal of the original contract. 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 January 1st 2024 through December 31, 2028 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 based on the schedule of fees as listed in Exhibit A
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay.
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Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant
to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall
have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant
shall provide an itemized listing and such documentation as reasonably required by
the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension.
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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
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
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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
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence
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$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.
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
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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
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
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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
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
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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
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.
Page 9 of 10 2021 04 22
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.
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.
Page 10 of 10 2021 04 22
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:
Schedule of Professional Fees
Minnesota Municipal Finance Team 1
Schedule of Professional Fees
Fiscal 2024
(as of January 1, 2024)
Debt Issuance Fees
Ehlers’ debt issuance fees are based on the amount issued. The below schedule applies to both
competitive and negotiated transactions:
Par Value Fee/$1,000
First $500,000 $21.00
Next $500,000 $11.25
Next $1,000,000 $6.50
Next $3,000,000 $3.25
Next $5,000,000 $2.75
Next $5,000,000 $1.50
Next $5,000,000 $1.25
Next $5,000,000 $1.10
Greater than $25,000,000 $0.50
»All tax-exempt debt issues for which an official statement is prepared are subject to
disclosure and tax-related diligence fee of $2,750, which is added to the above schedule.
»Multi-purpose issues are charged at 75% of fee schedule by statutory purpose or distinct
repayment source, but in no case greater than 150% of the applicable fee based on issuepar
amount.
»Contemporaneously sold issues with the same security are charged with the largest issue at
full fee and all other issues at 85% of the fee schedule.
»Advance refunding issues require an additional $2,500 for added technical support per issue.
»Use of open market securities within a defeasance escrow requires an additional $1,000 per
escrow.
»Revenue-secured obligations and those subject to appropriation will carry fees of 125% -
150%, depending on the security and complexity of the issue.
»Debt issues not requiring an official statement will carry fees at 80% of the applicable fee for
general or revenue-secured obligations that require an official statement, but in no case less
than $7,500.
Schedule of Professional Fees
Minnesota Municipal Finance Team 2
»Ehlers will charge flat fees of $1,500 - $7,500 in addition to the standard bond fee for
authoring of or consultation on planning documents or reports required for authorization of
debt issuance, which fee shall include meeting attendance (i.e. Capital Improvement Plans,
Street Reconstruction Plans, Tax Abatement, etc.). Such fee and scope of work will be agreed
upon between Client and Ehlers in advance.
»A minimum fee of $5,000 will apply to soliciting proposals for investment banking services
associated with a negotiated underwriting or placement agent engagement.
The Client will be responsible for credit rating fees, legal services, publication of notices (if any),
paying agent fees (if any), escrow agent fees (if any), verification agent (if any), and any fees
charged by third parties for information required for the official statement.
Non-Bond Related Fees
Most non-bond related advisory services requested by Clients will be billed on an hourly
basis, according to the following rates:
Position Hourly Rate
Senior Municipal Advisor $300 - $350
Municipal Advisor $275 - $300
Financial Analyst $275
Senior Fiscal Consultant $285 - $300
Fiscal Consultant $255 - $285
General Staff $150
Developer-Funded Pro Forma Review $400
Estimated ranges for specific scopes of non-bond related work are detailed below:
Project Fee Range
Long-Term Financial Management Plan $10,000 - $75,000
Utility Rate Study $10,000 - $50,000
Renovation & Renewal TIF District Creation $12,500 - $18,000
Housing TIF District Creation $10,500 - $12,500
Economic Development TIF District Creation $10,500 - $12,500
Other TIF District Creation $10,500 - $18,000
Tax Abatement $3,500 - $5,000
Schedule of Professional Fees
Minnesota Municipal Finance Team 3
Continuing Disclosure Fees
Ehlers will assess Continuing Disclosure fees as follows:
Continuing Disclosure Undertakings (CDUs)Annual Fee
1-3 CDUs $3,150
4-6 CDUs $3,700
7+ CDUs $4,250
Limited Disclosures $850
Periodic Filings $500
Arbitrage Consulting Fees
Ehlers will assess fixed fees for the following analyses:
Fee Analysis Services
$1,000 Spending
Exceptions
$3,750 Arbitrage
Reporting
»Per 5-year analysis period
»Prorated for interim reports
$1,000 Arbitrage
Review
»Per analysis
»Up to 5 years
Ehlers will charge $300 per hour for Arbitrage Consulting services outside of the fixed-fee analysis
schedule.
Paying Agent Service Fees
Ehlers will assess paying agent fees annually on a per-issue basis:
Fee Item Services
$450 Initial Set-up
(one-time fee)
»Review final bond documents
»Communicate with bond counsel &
municipal advisor
»Coordinate delivery of bonds for
closing
»Establish necessary accounts &
records
Schedule of Professional Fees
Minnesota Municipal Finance Team 4
Fee Item Services
$475
Annual
Administration
(per issue)
»Invoice & collect debt service
payments from issuer
»Document & transmit bond payments
per schedule
»Coordinate with the Depository Trust
Company
»Maintain issuer’s account
»Process optional redemption notices,
as needed
$100
Additional
Services
(per notice)
»Process mandatory sinking fund
notices
CITY COUNCIL AGENDA
SECTION: Consent Agenda
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Administration/ Finance, Tammy Wilson
ITEM DESCRIPTION:
Adopt updated Capital Asset Policy
ITEM NO.:
VIII.S.
Requested Action
Move to: Adopt updated City of Eden Prairie Capital Asset Policy.
Synopsis
The Capital Asset Policy was updated to comply with new accounting guidelines and to provide
modifications based on current city practices.
•Assets in the aggregate over $50,000 regardless of per unit value will now be capitalized.
•Capital outlay for implementation of short-term subscription-based technology arrangements
will no longer be capitalized.
•Machinery and equipment definition was modified to remove outdated equipment.
•Year-end inventory process was updated to reflect current practice.
Attachment
Policy
Revised 11.20.23
City of Eden Prairie
Capital Assets Policy
General
Capitalizable Assets
The City of Eden Prairie will recognize all items with a per unit value of $25,000 or more and a useful life of over
one year as a capital asset. Assets in the aggregate over $50,000 will be recognized as a capital asset even if the
per unit value is under $25,000. Listed below are the only exceptions to this policy.
Autos
Vehicles will be recognized and recorded as capital assets regardless of per unit value.
Easements
Easements with a value of $100,000 or more and a useful life of over one year will be recognized as a capital
asset. They will be considered intangible assets. The City’s intangible assets are included in the Land
category and are not amortized. If there are easement costs associated with a construction project and the
easement costs are less than $100,000, the easement costs will be included in the construction asset as a
whole. Easements picked up during the construction project will be included with and amortized as part of
the asset as a whole.
Infrastructure
The City has elected to use the modified approach for its infrastructure assets; this method is allowed by
GAAP provided the infrastructure assets are properly maintained on an ongoing basis. The modified
approach presumes that an infrastructure asset has an indefinite useful life; therefore, it is not depreciated.
In addition, the cost of a replacement must be treated as an expense of the period rather than capitalized.
The City will capitalize all new infrastructure projects. The City will expense any projects that replace
existing infrastructure. If a project has both new and replacement elements, a percentage of each will be
obtained from the Engineering Division. Replacement portions will be expensed. New portions that
collectively exceed the City’s governmental-wide materiality threshold will be capitalized.
Software
Software which meets the City’s $25,000 threshold on a per unit basis will be capitalized unless the software
is a short-term subscription-based technology arrangement. Only the Application Development Stage of any
software development or implementation will be capitalized.
Depreciation
The City of Eden Prairie uses the straight-line method of depreciation. Depreciation begins on the first day of
the month the asset is acquired. In the case of asset disposal, depreciation is taken through the end of the
month the asset is disposed. For example, asset A is purchased on January 15. Depreciation for asset A will
begin on January 1. Asset A is disposed on March 15. Depreciation will be calculated for January 1 – March 31.
¹ GOVERNMENTAL ACCOUNTING, AUDITING, AND FINANCIAL REPORTING, “Improvements v. repairs,” p. 450
² ACCOUNTING FOR CAPITAL ASSETS A Guide for State and Local Governments, “Improvements (betterments),” p. 36-37
Repairs and Maintenance vs. Improvements (Betterments)
Repairs and Maintenance
“Governments often expend resources on existing capital assets. Most often, these expenditures simply
preserve the asset’s utility. Any outlay that does no more than return a capital asset to its original
condition, regardless of amount, should be classified as maintenance and repairs […]and recognized as
expense when incurred.” ¹
Improvements (Betterments)
If the costs incurred provide additional value “either by 1) lengthening a capital asset’s useful life or 2)
increasing a capital asset’s ability to provide service (i.e., greater effectiveness or efficiency), […] the
improvements should be capitalized and recognized as expense (i.e., depreciation or amortization) over
the estimated useful life of the improvement.” ²
To help determine whether an item is Repair & Maintenance (to be expensed) or a Betterment (to be
capitalized), the City of Eden Prairie uses the following Capital Assets Decision Tree. Using the decision
tree below, projects such as roof replacement or trail overlay would be expensed. Items such as a trail
extension or the expansion of an athletic field would be capitalized.
Capital Fixed Asset Decision Tree 1. Does the asset exceed the $25,000 capitalization threshold?
Yes – go to question #2
No – expense
2. Is the asset brand new or an extension/addition of an existing asset?
Yes – capitalize
No – go to question #3
3. Does the cost incurred allow the asset to perform a new function it did not perform
previously?
Yes – capitalize
No – go to question #4
4. Does the cost incurred increase the asset’s effectiveness or capacity?
Yes – capitalize
No – go to question #5
5. Does the cost incurred extend the asset’s useful life by at least 1 year (rather than
maintain the asset’s current original useful life).
Yes – capitalize (Note: question #5 does not apply to infrastructure)
No – expense it
³ ACCOUNTING FOR CAPITAL ASSETS A Guide for State and Local Governments, “Individual major asset classes,” p. 22
Valuation
When establishing the value of a capital asset, one of the following valuations must be used:
Actual Cost: The purchase price plus any additional charges incurred to place the asset in a
position or location ready to serve the City. Additional charges consist of freight charges, site
preparation costs, insurance on equipment while in transit, installation costs, legal fees and
professional fees.
Estimated Cost: If actual costs are not available, the City should use estimated costs in valuing the
capital asset. This should only pertain to an asset purchased in prior years that was not given a
value for the capital asset system.
Acquisition Value (Used for Donated Assets): The price that would be paid to acquire an asset
or the amount for which a liability could be liquidated at the acquisition date.
Object Definitions
Land - Any real estate purchased by the city. “Land frequently is closely associated with some other asset
(e.g., land under a building or road). No matter how close this relationship may be, land should always be
treated separately. Thus, land purchased to build a highway should not be capitalized as part of the cost
of the highway.”³
Land improvements – These are permanent (i.e. non-moveable) improvements, other than buildings, that
add value to land, but do not have an indefinite useful life. Examples include fences, retaining walls,
parking lots, and most landscaping. Moveable items (e.g., picnic tables in a park) should be classified as
“other assets.”
Buildings - Buildings are defined as permanent structures to house equipment, services, or functions.
Capitalized costs include the cost to build or the market value at acquisition. Costs such as land acquisition
and demolition are not included as part of building costs.
Auto - Trucks, vans, snowplows, police cars, other automobiles or parts added to these vehicles which will
substantially add to the useful life of the asset.
Machinery & Equipment – This category includes a wide range of assets: tools, lawnmowers, forklifts,
exercise equipment, computer equipment, etc.
Infrastructure – Defined as long-lived capital assets that normally are stationary in nature and normally
can be preserved for a significantly greater number of years than most capital assets. Examples include
roads, bridges, tunnels, dams, trails, sidewalks, and lighting systems.
Distribution systems – Consist of storm drainage, water, and wastewater systems.
Leasehold Improvements – Improvements to a building that the City is leasing.
Other Assets - All other assets that meet the test of capitalized assets that are not included in one of the categories
above will be classified as “Other Assets.”
Procedures
Assigning Contact Person: It is the Director’s responsibility to assign at least one contact person to oversee the
division’s capital assets. Finance will contact this person if any capital asset questions arise, or actions are needed.
The Contact Person is also responsible for resolving with Finance any problems that may occur during the year.
Conducting Year-End Inventory: A listing of capital assets will be provided by Finance to the Contact Person at
year-end. It will be their responsibility to check the accuracy of this listing by verifying the actual assets in their
department. Any discrepancies or actual assets not recorded or since retired or scrapped should be noted on the
capital asset listing and submitted to Finance.
Useful Lives
Buildings 5-50 years
Land improvements 10-50 years
Leasehold improvements 10-25 years
Equipment 5-30 years
Autos 5-20 years
Other assets 5-30 years
Distribution system 25-50 years
Intangibles 3 years
Sample Capital Asset Form
Please fill out this form when purchasing a new vehicle, selling an old vehicle, scrapping a vehicle, and
selling or scrapping any fixed asset.
Date:
Vehicle Year/Color:
Veh Model & Serial #
Assigned Vehicle #:
Type of Plates Needed:
Department Location:
Date Sold:
Where Purchased:
Useful Life:
Please return this information to the Finance Department/Attn: Shannon
Account Code Purchase Price
Letter to Insurance Agent
K:\Maintenance Facility\Fleet Services\Jerry\Fixed Assets\Blank Fixed Asset Form
Requested Action
Move to:
• Close the public hearing; and
• Adopt a Resolution for a PUD Concept Plan Review on 1.35 acres; and
• Approve the 1st Reading of an Ordinance for a PUD District Review with Waivers on 1.35
acres; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions.
Synopsis Crew Carwash is proposing to construct a new automatic car wash facility and a staffed, car interior clean building, replacing a Burger King restaurant building that was removed in 2022. The property is located at the intersection of Eden Prairie Road and MN HWY 5. The property is 1.35 acres and is zoned Highway
Commercial and is guided Commercial. The proposed car wash facility is a permitted use in the zoning
district. The property is also located in the Shoreland Overlay district as it is within 1,000 feet of Mitchell Lake.
The improvements include a 5,858 square foot automatic car wash building located on the west side of the site and a 6,193 square foot car interior clean building with an attached canopy to be constructed on the east side of the site. The building materials exceed the minimum requirements.
Three (3) waivers are requested as part of the PUD concept plan review: impervious surface coverage of 61 percent, a 10-foot side yard setback along the eastern property line, and an 8-foot parking side yard setback. Staff supports the setback waivers due to the site being surrounding on three sides by public
streets and the site provides access to the landlocked Starbucks parcel to the east. The impervious
surface coverage waiver is supportable as it is a reduction from previous levels and the distance of the parcel from Mitchell Lake. Background
The Planning Commission reviewed the project at their meeting on Monday, November 13. The
Commission discussed signage on the site, specifically the proximity of the proposed pylon sign and the signage on the 35-foot-tall tower. Commissioners felt there was too much signage in the northwest portion of the site and directed the applicant to revise the proposed sign plan to reduce sign proliferation.
In response to the feedback from the Planning Commission, Crew Carwash has revised the sign plan.
The proposed pylon sign is now proposed as a monument sign with a brick base with a proposed height of 18 feet rather than 20 feet originally reviewed by the Planning Commission. The signage on the 35-
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE
Dec. 5, 2023
DEPARTMENT / DIVISION
Community Development/ Planning
Julie Klima/ Sarah Strain
ITEM DESCRIPTION
Crew Carwash
ITEM NO.
IX.A.
foot-tall-tower has also been reduced; the sign has been removed from the east elevation, and the remaining signage on the north and west elevations has been reduced 15 percent from the size shown at
Planning Commission (Previously 87 sq ft, now 73.3 sq ft).
The proposed base of the freestanding monument style sign exceeds the Code requirements. Staff is recommending that prior to 2nd reading, the sign base be revised to meet Code requirements of a maximum size of 40 square feet. Staff also recommends that the sign base maintain the proposed width
shown on the plans dated 11/29/23. This will lower the sign height to approximately 9-10 feet.
The Commission also discussed traffic circulation and parking. The Planning Commission recommended that pavement striping be added to reduce potential vehicle conflicts. This should be included on the site plan, or an alternative acceptable to the city engineer, prior to the 2nd reading. City Code does not provide a parking requirement for carwashes. Staff reviewed requirements from
neighboring communities and applied the same ratio requirement to Crew Carwash as was applied to the
recently approved Mister Car Wash project. The site has enough parking stalls to meet business needs and the ratio requirement determined by staff. Commissioners wondered if this amount of parking would be enough, and alternatives were identified. Should parking become an issue on the site, Crew Carwash could stripe off a portion of their pavement on the east side of the exterior clean building or enter a
shared parking agreement with another property owner.
The Planning Commission recommended approval with a vote of 8-0 of the project based on the plans submitted and the recommendations in the staff report dated November 11,2023.
Attachments
1. Resolution for PUD Concept Review 2. Ordinance for PUD District Review 3. Planning Commission Staff report 4. Planning Commission Minutes – November 13, 2023 (Unapproved)
5. Resident comments received via email
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF CREW CARWASH FOR KIMLEY-HORN, INC.
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the
Planned Unit Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on November 13, 2023, on Crew Carwash by Kimley-Horn, Inc. and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and
WHEREAS, the City Council did consider the request on December 5, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows:
1. Crew Carwash, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans
stamp dated November 29, 2023.
3. That the PUD Concept meets the recommendations of the Planning Commission dated November 13, 2023.
ADOPTED by the City Council of the City of Eden Prairie this 5th day of December,
2023.
_______________________ Ronald A. Case, Mayor ATTEST:
______________________________ David Teigland, City Clerk
EXHIBIT A
PUD Concept
Legal Description: Lot 1, Block 1, Burger King Eden Prairie Addition, Hennepin County, Minnesota.
CREW CARWASH
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 C-HWY 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 C-HWY 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 _____, 2024 entered into between Crew Carwash 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 5th Day of December, 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 ___ day of
_____________, 2024.
ATTEST:
__________________________________ ___________________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on _____, 20__.
EXHIBIT A
PUD Legal Description Legal Description Lot 1, Block 1, Burger King Eden Prairie Addition, Hennepin County, Minnesota.
TO: Planning Commission
FROM: Sarah Strain, Planner II
DATE: November 13, 2023 SUBJECT: Crew Carwash
LOCATION: 16345 Terrey Pine Drive REQUEST: • Planned Unit Development Concept Review on 1.35 acres
• Planned Unit Development District Review with waivers on 1.35 acres
• Site Plan Review on 1.35 acres 120 DAY REVIEW PERIOD ENDS: January 27, 2024
BACKGROUND Crew Carwash is proposing to construct a new automatic car wash facility and a staffed, car interior clean building at 16345 Terrey Pine Drive, replacing the Burger King restaurant building that was removed in 2022. The property is located at the intersection of Eden Prairie Road (County Road 4)
and MN Highway 5. Terrey Pine Drive is located to the south of the site, meaning the property has three (3) street frontages. The property is zoned Highway Commercial and is guided Commercial. A car wash facility is a permitted use in the Highway Commercial zoning district. The property is also located in the Shoreland Overlay district as it is within 1,000 feet of Mitchell Lake.
SITE PLAN The project includes a new 5,858 square foot automatic car wash building located on the west side of the site. A new, 6,193 square foot car interior clean building with an attached canopy will be
constructed on the east side of the site. Access to and from the site will be from a single driveway off
of Terrey Pine Drive. The traffic pattern for the site is provided on the following page. Customers will start on the east side of the site, stop at the canopy to pay for services in one of three available pay-lanes, then continue towards the automatic carwash along a drive lane that is parallel to MN Highway 5. This drive lane will be screened from MN Highway 5.
Staff Report – Crew Car Wash
November 13, 2023 Page 2
2
As noted in Crew Carwash’s project narrative, about 10-15 percent of
customers typically purchase an interior car clean with the automatic, exterior clean. Crew Carwash does not sell only interior car clean; an exterior wash must be
purchased to purchase an interior car clean. Customers who purchased an interior car clean will turn left back into the site to queue for the interior clean after exiting the
automatic car wash. Most customers who do not purchase an interior car clean will turn right and exit the site after receiving the automatic car wash.
The trash enclosure is proposed to be a detached structure in the southeast corner of the site, near the enclosure for the neighboring
Starbuck’s property. Six (6) parking stalls are provided on site. These are intended to be primarily for staff use. The only place where customers exit their vehicles is in the interior car clean
building, where there will be a designated waiting space for customers while the interior of their car is cleaned. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a
more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. The applicant is requesting the following waivers:
The following waivers are requested as part of this project: A. Impervious Area City Code allows a maximum impervious surface of 30 percent. The existing site
Staff Report – Crew Car Wash
November 13, 2023 Page 3
3
condition is 64 percent impervious surface coverage and was approved as part of a development proposal in 1983 (before shoreland rules applied). The proposed
condition with this proposal is approximately 61 percent. This waiver is being requested to provide the drive-through lanes necessary to support the business as well as a driveway access to service the adjacent, landlocked property. This waiver is in harmony with the general purposes and intent of shoreland ordinance. This waiver is consistent with the Comprehensive Plan as the property is zoned
and guided for Highway Commercial use. There are circumstances unique to the property that creates a need for additional impervious surface coverage. This waiver is consistent with the commercial character of the area and is a reasonable use of the property due to the measures being taken to protect and enhance the quality and character of the shoreland. Further, the applicable water body is 780
feet away. B. Side Yard Setback City Code requires accessory structures in the Highway Commercial zoning district to be setback a minimum of 20 feet from side lot lines. The proposed trash
enclosure is setback 10 feet from the south property line and 5 feet from the east property line. The proposed location of the trash enclosure is consistent with the location of Starbuck’s trash enclosure, and the waiver is preferable to having these structures visually separated. C. Parking Setback Waiver City Code requires parking areas to be located at least 10 feet from any side or rear lot line. The parking stalls in the southeast portion of the property are proposed to be located eight (8) feet from the side property line. By locating the parking in this portion of the property, the applicant is screening the parking
spaces from both Eden Prairie Road and MN Highway 5. Crew Carwash must maintain a drive access to the neighboring Starbucks property per existing easement agreements on the property, which prevents the parking stalls from being shifted to the north to meet setback requirements. BUILDING DESIGN AND MATERIALS There are two (2) buildings proposed for the site: the exterior wash building, and the interior car clean building with attached canopy that will extend over the three (3) drive-thru pay stations. The buildings will be a combination of stone, concrete masonry units, and glass. The concrete
masonry units are designed to look like bricks and meet the definition of a Class I material. Thin
brick and architectural precast are both considered to be Class I materials. Both the exterior wash and the interior car clean building exceed the minimum requirement of 75% for Class I material on all four sides, with a range between 77% and 91% on each side. Both buildings meet
Staff Report – Crew Car Wash
November 13, 2023 Page 4
4
requirements for building articulation and roofline variation.
Top image is the elevation for the exterior wash building, and the bottom image is the elevation for the interior
clean building. A separate, enclosed accessory building is proposed for the trash/recycling dumpsters. The trash enclosure will be made of the same materials as the principal buildings and is located in the south-east corner of the property.
LANDSCAPE PLAN AND TREE REPLACEMEMNT The landscape plan includes a variety of plant materials providing screening along Eden Prairie Road and MN Highway 5. The plan meets the landscaping requirements. There are more shrubs and planting beds on the site than may be counted towards the landscaping requirement by City Code.
There are five (5) trees on site currently, three (3) of them meeting the City’s standard as significant trees. All three (3) significant trees will be removed with the project, resulting in a replacement requirement of 18 caliper inches of trees. Replacement of 9 inches of trees is shown on the western edge of the site. The remaining nine (9) replacement inches will be paid through the tree replacement
fee in lieu of planting. One (1) tree along the eastern property line will be transplanted onto the
neighboring property, as it was planted on the subject property when Starbucks installed their landscaping.
Staff Report – Crew Car Wash
November 13, 2023 Page 5
5
SIDEWALKS AND TRAILS There is an existing trail along Eden Prairie Road, which will be retained. A sidewalk was
constructed in the subject parcel by Starbucks as part of the Starbucks approved project. The location of this sidewalk will be moved to accommodate Crew Carwash’s site design, but a pedestrian access to/from Starbucks will be maintained.
A new sidewalk will be constructed starting at the intersection of Eden Prairie Road and Terrey Pine
Drive and ending at the easter property line along the southern property line. This new sidewalk will provide access to both the Crew Carwash and the Starbucks sites. The pedestrian ramp at the intersection of Eden Prairie Road and Terrey Pine Drive will need to be upgraded to be ADA compliant. It is recommended that this change is made prior to the City Council meeting as a
condition of approval. SIGNAGE The applicant is proposing wall signage for both the exterior wash and interior clean buildings. On the exterior wash building, signage is proposed on east, north, and west sides of the tower, which is approximately 35 feet tall. On the interior car clean building, signage is proposed on the north and
south façades. Menu board signage will be located on the canopy pillars with an additional freestanding menu board sign just north of the drive-thru lanes. City Code allows up to 32 square feet of menu board signage per drive-thru lane. These proposed signs meet City Code requirements. There is an existing pylon sign on the
property. Due to right-of-way acquisitions since the site was developed in 1983, the sign no longer meets setback requirements. The applicant is proposing to remove the
existing pylon and construct a new pylon that meets the 20 foot setback requirements near the intersection of Eden Prairie Road and MN Highway 5. While sites with multiple street
frontages are allowed multiple freestanding signs, there is also a provision in the sign code that freestanding signs on the same property must be at least 300 feet
apart for safety, legibility, and to avoid sign proliferation. Due to the size constraints on the site,
Staff Report – Crew Car Wash
November 13, 2023 Page 6
6
demonstrated in the image on the left, only one (1) freestanding sign fits on the site; another freestanding
sign cannot be located in a place where it meets both the 300 feet separation requirement and the setback requirement from the property lines. Drive-thru signs are exempt from this distance requirement.
The proposed pylon sign will be located approximately 45 feet from the exterior wash building tower and the signage located on the tower, outlined in red in the image to the right. Staff has concerns about the pylon sign being located this
close to the 35 foot tower signs. Part of the intention of the sign code is to encourage a sense of concern for visual amenities and to mitigate the aesthetic impact of signage. The close proximity of these four (4) signs, the pylon and the three (3) wall signs
located on the tower is inconsistent with the intent of the sign code. Staff recommends the pylon sign be removed from the site plan as a condition of approval. PARKING City Code does not have include a specific requirement for car washes. To accommodate uses not considered in City Code, there is a provision to allow the City Manager to establish the parking requirement for unlisted uses. With the recent Mister Car Wash proposal, staff reviewed the parking
requirements for car washes in other peer communities. A review of area cities suggests a range of
parking requirements for car washes between three (3) and ten (10) parking spaces if applied to only the retail area (offices, breakroom, training, restrooms, etc.) of the building. As accepted for Mister Car Wash, staff is recommending applying the current retail parking ratio to
only the “retail” portions of the buildings to provide a more reasonable parking requirement, given
the uniqueness of the use. Between both buildings, 1,261 sq ft will be “retail” space. Applying the current retail parking ratio of five (5) spaces per 1000 square feet to this area requires seven (7) spaces. The site plan shows six (6) surface spaces, including one (1) ADA compliant space. There is additional parking available in the interior clean building for interior services.
DRAINAGE Stormwater will be collected and directed to an underground management system on site. This system will provide retention and infiltration of stormwater.
Staff Report – Crew Car Wash
November 13, 2023 Page 7
7
LIGHTING
Lighting on the site complies with City Code. STAFF RECOMMENDATION Staff recommends approval of the following request:
• Planned Unit Development Concept Review on 1.35 acres
• Planned Unit Development District Review with waivers on 1.35 acres
• Site Plan Review on 1.35 acres
This is based on plans dated September 28, 2023 and October 31, 2023, staff report dated November 13, 2023, and the following conditions: 1. Prior to the 1st reading by the City Council, the applicant shall:
a. Revise the site plan to ensure the pedestrian ramp at the intersection of Eden
Prairie Road and Terrey Pine Drive is ADA compliant. b. Revise the site and sign plans to remove the pylon sign at the intersection of Eden Prairie Road and MN Highway 5. c. Update impervious and pervious area calculations.
2. Prior to land alteration permit issuance, the applicant shall: a. Submit detailed storm water runoff, wetland, utility, street, and erosion control plans for review and approval by the City Engineer.
b. Obtain and provide documentation of Watershed District approval.
c. Notify the City and Watershed District 48 hours in advance of grading. d. Install erosion control at the grading limits of the property for review and approval by the City. e. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of
the landscaping.
3. Prior to building permit issuance, the applicant shall: a. Secure a Right-Of-Way/Utility Permit from Eden Prairie Public Works for utility work in Terrey Pine Drive
4. The following waivers are granted through the PUD for the project as indicated in the plans dated September 28, 2023 and October 31, 2023: A. Impervious Area City Code allows a maximum impervious surface of 30%. The existing site condition is 64 percent impervious surface coverage and was approved as part of
Staff Report – Crew Car Wash
November 13, 2023 Page 8
8
a development proposal in 1983. The proposed condition with this proposal is approximately 61 percent. This waiver is being requested to provide the drive-
through lanes necessary to support the carwash use as well as a driveway access to service the adjacent, landlocked property. This waiver is consistent with the essential character of the locality and is a reasonable use of the property due to the measures being taken to protect and enhance the quality and character of the shoreland.
B. Side Yard Setback City Code requires accessory structures in the Highway Commercial zoning district to be setback a minimum of 20 feet from side lot lines. The proposed trash enclosure is setback 10 feet from the south property line and 5 feet from the east
property line. The proposed location of the trash enclosure is consistent with the location of Starbuck’s trash enclosure. C. Parking Setback Waiver City Code requires parking areas to be located at least 10 feet from any side or
rear lot line. The parking stalls in the southeast portion of the property are proposed to be located eight (8) feet from the side property line. By locating the parking in this portion of the property, the applicant is screening the parking spaces from both Eden Prairie Road and MN Highway 5.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, NOVEMBER 13, 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; Carter Schulze, City Engineer; Matt Bourne, Manager of Parks and Natural Resources; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Vice Chair Farr called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission member Pieper was absent.
III. APPROVAL OF AGENDA
MOTION: Taylor moved, seconded by Kirk to approve the agenda. MOTION
CARRIED 8-0.
IV. MINUTES
MOTION: Grote moved, seconded by Taylor to approve the minutes of October 23,
2023. MOTION CARRIED 8-0.
V. PUBLIC HEARINGS
A. CREW CARWASH Request for
• Planned Unit Development Planned Unit Development Concept Review on 1.35 acres
• Planned Unit Development District Review with waivers on 1.35 acres
• Site Plan Review on 1.35 acres
PLANNING COMMISSION MINUTES November 13, 2023
Page 2
Jake Stien with Larkin-Hoffman presented a PowerPoint and detailed the
application. This was a family-owned business with 45 locations around the
Midwest. Due to technical difficulties he could not play a short, 25-second video introducing the business. The business offered both an exterior and interior wash, with 3-5 minutes average wash time. The building would be a standard brick façade and uniform signage. The optional interior wash adds 10 minutes on
average to the wash. He displayed the site design showing the movement
throughout the site and handed out an example of the brick. The application asked for PUD flexibility regarding the impervious surface area, which was only 61 percent but, since the site was less than 1,000 feet from Mitchell Lake, required the waiver. The application also requested a parking setback waiver, and a side-
yard setback which would be similar in location with the Starbucks’ trash
enclosure. The application also requested a pylon sign, which had historically been there, and is proposed to be moved to interior of site due to code setbacks. Stien argued
this sign was critical for visibility and directional purposes. A future interchange
was a possibility at this site. The applicant was working with both Hennepin County and City of Eden Prairie to address easement and future Right-of-Way needs.
Mette asked describe the staffing levels. Catherine Reiner, of Crew Carwash’s
real estate team, replied there would be 25-30 staff hired for exterior and 10 more for the interior service. The intention was to hire within community anywhere from high school to grad students. Typical applicants ranged from 16-35 years of age. There would be five-to-eight team members working at one time. Mette
asked for and received confirmation there was adequate parking for staff.
Taylor asked what percentage would be full time, and Reiner replied there were 16-18 full timers for the exterior wash, as the car wash needed people all seven days of week, day and night, and also nighttime cleanup.
Mette asked if the right-of-way could change the impervious surface calculation, and asked why pervious pavers/asphalt was not considered. Reiner replied the site utilized slab heat. This required heavy duty concrete to heat the paved areas to avoid ice and snow issues, as this was year-round business in a water industry.
Farr asked for a summary of the traffic report. Jerry Jones, engineer, presented the traffic study comparing the previous Burger King on the site to the carwash in Maple Grove. The result was similar to the previous use, though there were 92 fewer trips in morning and four fewer trips in the afternoon. Weber asked what
month and day this study was conducted and Jones replied it was on a Saturday in the spring, at their Maple Grove site, which did not have a Dairy Queen, Starbucks, and a Deli Express nearby. Jones confirmed the numbers were
PLANNING COMMISSION MINUTES November 13, 2023
Page 3
comparable, and the study had compared the peak times between the Burger King
and the carwash. Reiner said these were 10:00 a.m. to 2:00 p.m. on Saturdays.
Farr asked if the stormwater management, and the reduction of the impervious surface by a small amount, would comply with all Watershed requirements. Jones stated the applicant had already submitted documents to and received conditional
approval from Riley Creek Watershed. Farr site asked why the lighting plan there
were three very bright, triple-headed fixtures. Reiner replied there was lighting throughout the property due to safety, to prevent accidents, based on other site experience, since the business was open very early and late, and also handling point of sale with cash and credit card, and also to illuminate queuing and merge
lane, and delivery activities. Stien stated the brighter lights were intentionally
located at the interior to keep exterior lighting low. Sivilay asked how many parking spaces were requested. Reiner replied there were three to five stalls. This was a very automated business, with sometimes only two
managers on the property at a time. Taylor asked what percentage of water runoff
would be treated, and Reiner replied the car wash would reuse 35 percent of the water, which was the norm for all their locations. Barnhart presented the staff report. The application was a request for an
automated carwash, with three waivers, one increasing the impervious surface
from 30 to 61 percent (the Burger King had been approved at 64 percent prior to shoreland rules). Another was for a south side setback for trash enclosure, and this was supported by staff because it would blend in with the Starbucks’ trash area. The third waiver was a parking setback waiver of 8 feet rather than 10 feet, also
supported by staff due to the access drive being a unique situation, entering
through another property. Staff and the applicant worked together closely, and there was only one remaining issue: the signage. The challenge was the overall aim of the Sign Code versus the letter of the Code compliance. He displayed the proposed pylon and the building sign. Two wall signs and one freestanding sign
would be seen from nearly all angles at all times, leading to an excess of visible
signage. He recommended relocation of the pylon sign to the southern side of the building, or modification of the tower signage. Staff recommended approval of the application subject to those changes.
Weber wanted traffic numbers at this specific site. Schulze stated the point was to look at the trip generation at their site in Maple Grove and compare to the Burger King, which was on the site previously. Weber stated this did not really answer his question. Kirk asked Schulze to comment on the queuing. Schulze stated there
was ample space for queuing for a carwash and there was no concern on his end. Farr noted the exterior wash would be pulled through by a chain, with presumably no ability to stop the cars being discharged, and asked if there could be instances
PLANNING COMMISSION MINUTES November 13, 2023
Page 4
of backup of cars exiting the Dairy Queen or Starbucks. Schulze replied signal
timing was generous at that intersection, preventing congestion. Farr asked for
and received confirmation the signal could detect a backup. Traffic would merge or take turns with interior customers. Reiner added the interior building would be on a large conveyor belt, and after the wash the customer would re-enter the vehicle and drive out under their own power. Both tunnels have technology that
would shut down the belts simultaneously is brakes were applied. She had never
seen a problem causing such a shutdown in eight years. Mette asked if conveyor belt went all the way to the end of the building. Reiner replied this would be more like a roll-out, ending before the garage doors.
Grote asked if enhancements to the intersection in the future could affect this
development. Schulze replied there could be a full separated interchange. Mette asked for and received confirmation the canopy would be conforming, and attached to the building.
Farr asked for and receive confirmation the landscaping was of sufficient height
to shield car headlights. Barnhart added staff did not support trees along Highway 5 due to existing underground utilities. Farr asked for and received confirmation the proposed companion shed attached to the trash enclosure would not set a precedent with an outbuilding which was not presently allowed by Code. Barnhart
explained this was not exterior storage for the facility, as the site plan shows a
enclosed building, and would match the facility, and is permitted. Farr asked how the pylon sign should be handled by the commission. Barnhart replied staff recommended the applicant remove that from the site plan before going to the City Council for review, but the commission could also give a recommendation
regarding this in its motion. The issue was its proximity to other signage on the
site. Jim Maki, resident at Terry Pine Drive for 20 years, stated the neighboring Dairy Queen was busy and the nearby cul-de-sac was often backed up. Also, people
going north on Eden Prairie Road often went through the red light, and his wife
and neighbors saw many traffic problems, and thus were worried about the intersection becoming even more busy. Farr stated for the record there was an email from a resident at Topview Road
concerned about possible increase in traffic at the intersection at Terry Pine and Highway 4 as well. MOTION: Kirk moved, seconded by Mette to close the public hearing. Motion carried 8-0.
Mette stated she supported the waivers, despite her concerns. Kirk found the waivers to be reasonable. Farr summarized the issue of the pylon signage. Kirk agreed the pylon signage should be discussed. He understood its present location
PLANNING COMMISSION MINUTES November 13, 2023
Page 5
was to be visible from Highway 5, and he was conflicted about its possible move
to the south end of the site, as it was conforming, but Eden Prairie had always
fought “sign proliferation.” Farr agreed, and noted two sides of the tower were visible from any angle, and perhaps this could be where signage was reduced. Sherwood and Taylor agreed there was too much signage. Grote suggested
moving the tower to the entrance. Mette stated she agreed with the staff report
that the issue was this sign’s proximity to the other signs, and she suggested that the applicant work with staff to find a solution, either moving the pylon or the tower. Kirk replied this could be an arbitrary decision on the commission’s part, yet this sign was conforming. Mette asked for staff’s guidance on this issue as to
whether or not the signage conformed to the Code.
Barnhart’s reply was two-fold: There are two parts to the zoning code; purpose and intent, and the letter of the Code, both of which were supposed to mesh and promote the goals of the City. This was a situation where they did not. The tower
shows signage at 35 feet above grade. Eden Prairie’s maximum free standing
limit was 20 feet, but there was no height limit for a wall sign. Wall signage on the tower plus the free standing sign 32 feet away was the disconnect, with signage that may annoy or distract the public. The stated intent of the sign code was “the public was not in danger, annoyed, nor distracted by unsafe, disorderly,
indiscriminate, or unnecessary” signage. In staff’s view, three signs on the tower
plus the free standing pylon sign created a distraction. The simplest solution was to relocate the freestanding sign. There was limited space at the southern part of the site, so he understood the challenge.
Farr took a straw poll: 7-1 (Kirk) found there was sufficient signage on the
property and the pylon had to be addressed. Sivilay asked what the staffing minimum for shifts is. Reiner replied the minimum for the exterior service was two, and the minimum for the interior work
was five. Sivilay asked for comparables with parking, as he was concerned about
how much parking was required, and Reiner replied the Wayzata location had less than six parking spaces. She added employees often did not have cars, and cycled to work, or were dropped off, so staff parking was not an issue. Travis Smith clarified the vacuums might show up on the maps as parking spots but were not;
there would be no exterior vacuum stalls in this design. Farr stated he suspected if the applicant were required to provide a proof of parking plan, this would entail placing a parking space in one of the multiple drive-in lanes, if there were three lanes available, or between the buildings in the stacking lanes to avoid creating street parking. Stien replied the site had reduced from four to three lanes. There
were a number of different solutions if there should be a need for more staff parking, and the applicant would work with their engineering team on a drop-off site and shuttle, for example. He stated the applicant would work with staff. Mette stated there was a loading lane which could possibly be used for employee
PLANNING COMMISSION MINUTES November 13, 2023
Page 6
parking overflow. She had no huge concerns; there was ample loading within the
site, and it was probably the Dairy Queen’s queuing that was overloading the cul-
de-sac. She did not foresee greater problems than the Burger King had caused. Farr stated he wished to acknowledge the residents’ concerns, and stressed that
the green timing on the intersection be a part of the mitigation. He asked for and
received confirmation from Schulte that a long queue waiting at the green light would not be an issue. Discussion followed on traffic at the corner, primarily caused by the Dairy Queen. Farr advised the applicant to utilize signage to distinguish this business from the Starbucks. Kirk and Farr commended the
project, as did Mette.
MOTION: Mette moved, seconded by Kirk to recommend approval for a Planned Unit Development Concept Review on 1.35 acres; Planned Unit Development District Review with waivers on 1.35 acres; and a Site Plan Review
on 1.35 acres as represented in the November 13, 2023 staff report including
pylon signage resolution to be addressed with staff and based on plans stamp dated November 13, 2023. Motion carried 7-0. PLANNERS’ REPORT
Barnhart stated he had distributed the tentative Planning Commission calendar, subject to the City Council’s calendar. He added the second meeting in May had been shifted to Tuesday due to the Memorial Day holiday, and there will be only one meeting in November and one in December.
MEMBERS’ REPORTS VI. ADJOURNMENT
MOTION: Grote moved, seconded by Taylor to adjourn. Motion carried 8-0.
The meeting was adjourned at 8:18 p.m.
From: City of Eden Prairie <webmaster@edenprairie.org>
Sent: Sunday, November 12, 2023 9:05 AM
To: Planning <planning@edenprairie.org>
Subject: *NEW SUBMISSION* Contact Us: Planning and Zoning
Contact Us: Planning and Zoning
Submission #: 2819013
IP Address: 24.245.49.27
Submission Date: 11/12/2023 9:05
Survey Time: 14 minutes, 59 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Please complete this form to provide comments or ask questions. Planning Division Eden
Prairie City Center 8080 Mitchell Road 952-949-8485
Full Name
Robb Peterson
Email
Full Address
7147 Topview Rd
EDEN PRAIRIE, Minnesota 55346
Phone
Message
Regarding the proposed Crew Carwash Development, I would like to speak out in opposition. The proposed
location is at one of the most dangerous intersections in Eden Prairie. An article in the EP Local News, dated March
9, 2023, states that "the intersection's level of service currently rates a D" and "will deteriorate to F" in the coming
years. Over 100 crashes have occured in the last 5 years. This proposed development will make an already
dangerous intersection more so.
Would you like to be contacted regarding your comments?
Yes
How do you prefer we contact you?
Email
Thank you, City of Eden Prairie
From: City of Eden Prairie <webmaster@edenprairie.org>
Sent: Tuesday, November 14, 2023 6:00 AM
To: Planning <planning@edenprairie.org>
Subject: *NEW SUBMISSION* Contact Us: Planning and Zoning
Contact Us: Planning and Zoning
Submission #: 2823205
IP Address: 98.61.152.65
Submission Date: 11/14/2023 5:59
Survey Time: 7 minutes, 17 seconds
You have a new online form submission.
Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login.
Please complete this form to provide comments or ask questions. Planning Division Eden
Prairie City Center 8080 Mitchell Road 952-949-8485
Full Name
Sue Kubler
Email
Full Address
8649 Braxton Dr
Eden Prairie, MN 55347
Phone
Message
Hello. Regarding the old Burger King site on 4 & 5, Id like to comment that we do not need another car wash. I
realize parking space is an issue there but what we actually need is something like the Tav 4&5. Adults in EP are
looking for a place to gather, which is partially why the breweries are becoming so popular.
Would you like to be contacted regarding your comments?
No
How do you prefer we contact you?
Email
Thank you,
City of Eden Prairie
This is an automated message generated by Granicus. Please do not reply directly to this email
From:Sarah Strain
To:Amy Mitchell
Subject:Comment for packet
Date:Wednesday, November 29, 2023 3:50:38 PM
From: Ron Case <rcase@edenprairie.org>
Sent: Monday, November 13, 2023 9:52 PM
To: GRP-AllCouncil <GRP-AllCouncil@edenprairie.org>;
Jeremy Barnhart <jbarnhart@edenprairie.org>
Subject: Re: Crew Car Wash proposed to Planning Commission
Hi Michelle, thank you for sharing your thoughts and feelings. Unfortunately, Burger King had in their
sales agreement a prohibition against selling to a fast food competitor. The City Council manages
development, we do not have control over who ends up buying or ultimately leasing a building. We
oversee zoning code, policies, and compliance to our ordinances. Feel free to chat with me at some
point if you want to discuss this further 952-426-8127/ Take care
Get Outlook for iOS
From: Michelle Fourre >
Sent: Monday, November 13, 2023 8:51:18 PM
To: GRP-AllCouncil <GRP-AllCouncil@edenprairie.org>; Jeremy Barnhart
<jbarnhart@edenprairie.org>
Subject: Crew Car Wash proposed to Planning Commission
I happened across the live feed of EP City Planning Commission meeting tonight. There is a proposal
for a "Crew Car Wash" - meeting link: www.facebook.com/watch/live/?v=1056696515681239
In my opinion, intersection of 4 & 5 does NOT need a car wash; there is a self-serve car wash less
than a mile away on Martin Drive.
There are THREE car washes along Hwy 5 in Chanhassen, and plenty of other EP washes:
BP Car wash on Mitchell Rd at Hwy 5
Holiday on Valley View near 494
Bobby & Steve's
Mister Car Wash moving to corner of Prairie Center Dr & Flying Cloud Dr,
BP and Cloud 9 on Flying Cloud and Anderson Lakes.
That is currently 10 car washes in a roughly 5-mile range.
I have lived in Eden Prairie since 1968, what this section of Eden Prairie is lacking is fast food choices.
Dairy Queen is awesome, love it! But in the summertime, there is always a long line of cars,
previously with Burger King there was another choice to get soft-serve ice cream (and hamburgers,
fries, etc.). Having another food option at this corner would help ease the traffic que stuck at DQ.
I’m asking you to not approve a car wash for this location, but please encourage something like a
Taco John’s or Dunkin Donuts (or other doughnut, pastry, breakfast place) for this location.
Thank you,
Michelle Fourre
From:Sarah Strain
To:Amy Mitchell
Subject:FW: Crew Car Wash
Date:Wednesday, November 29, 2023 3:52:05 PM
From: Jeremy Barnhart <jbarnhart@edenprairie.org>
Sent: Monday, November 20, 2023 10:10
Cc: Sarah Strain <sstrain@edenprairie.org>
Subject: Crew Car Wash
Hi Brian,
Thank you for your email.
There is a larger intersection improvement anticipated in the future, and the site planning was done
to accommodate that as much as possible. In addition, through the project approval process, the
city helped secure additional Right of Way easements for the state and the County to improve the
intersection, which may include additional turn lanes or support the larger interchange project.
Let me know if you have any other questions.
Jeremy Barnhart, AICP
City Planner
8080 Mitchell Road
Eden Prairie, MN 55344-4485
Direct: 952-949-8529 | Email: jbarnhart@edenprairie.org
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________
From: City of Eden Prairie <webmaster@edenprairie.org>
Sent: Sunday, November 19, 2023 9:15 PM
To: Jeremy Barnhart <jbarnhart@edenprairie.org>
Subject: Crew car wash at 4&5
Message submitted from the <City of Eden Prairie> website.
Site Visitor Name: Brian Haugen
Site Visitor Email:
I live on Island Rd. and am really hoping that along with this development we are thinking about how
to build a much safer on-ramp lane when turning right from county road 4 northbound to hwy 5
eastbound. Is this being considered in the planning?
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Community Development/Econ. Dev. Julie Klima/David Lindahl
ITEM DESCRIPTION:
Resolution Supporting Application to DEED Program
ITEM NO.:
IX.B.
Requested Action
Move to: Close the public hearing; and Adopt a resolution supporting application to the Minnesota Investment Fund (MIF) by the City of Eden Prairie on behalf Eden Prairie based company NVE Corporation. Synopsis The City is applying for a $400,000 grant through the through the Department of Employment and Economic Development’s (DEED) Minnesota Investment Fund (MIF) to help fund a cleanroom
expansion for Eden Prairie based NVE Corporation. DEED requires the City to apply for the grant on
behalf of the business. DEED also requires a public hearing before application submittal. Background
NVE is located in the Bryant Lake Business Center at 11409 Valley View Road. They manufacture sensors
and couplers used to acquire and transmit data. The proposed cleanroom expansion will be located within their building’s existing footprint and is expected to cost $5.97 million. MIF provides financing to help create and retain high-quality jobs on a statewide basis. It’s intended for
industrial, manufacturing, and technology-related industries to increase local and state tax base and
improve economic vitality statewide. MIF funds are awarded to cities who provide loans or grants to assist expanding businesses.
Attachments
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2023-___ A RESOLUTION AUTHORIZING APPLICATION TO THE DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT’S (DEED) MINNESOTA INVESTMENT FUND (MIF) BE IT RESOLVED that the City of Eden Prairie (Applicant) act as the legal sponsor for the project
contained in the proposed Minnesota Investment Fund Application and that the Mayor and City Manager on behalf of the City are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Eden Prairie; and BE IT FURTHER RESOLVED that the City of Eden Prairie has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to administer the proposed project; and BE IT FURTHER RESOLVED that the City of Eden Prairie has not violated any Federal, State, or
local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the State, the City of Eden
Prairie may enter into a grant contract with the State of Minnesota for the project, and that the City of Eden Prairie certifies that it will comply with all applicable laws, statutes, regulations and rules as stated in the Grant Contract and described in the Project Compliance Certification of the Application; and
AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Eden Prairie, with assistance from DEED, will obtain credit information from NVE Corporation and upon review no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information
could result in revocation or other legal action. BE IT RESOLVED, that the Mayor and City Manager, or their successors in office, are hereby authorized to execute the Grant Contract, and amendments, thereto, as are necessary to implement the project on behalf of the applicant.
ADOPTED by the City Council of the City of Eden Prairie on this 5th day of December 2023.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Public Hearings / Meetings
DATE:
Dec. 5, 2023
DEPARTMENT / DIVISION:
Rick Getschow City Manager, Administration
ITEM DESCRIPTION:
Resolution Certifying the 2024 Property Tax Levy, Adopting the 2024 Budget, and Approving the 2024 HRA Tax Levy
ITEM NO.:
IX.C.
Requested Action
Move to:
• Close the Public Hearing; and
• Adopt a resolution certifying the 2024 Property Tax levy to be $47,138,752; and
• Approve the 2024 Budget of $60,322,771 as reviewed by the Council; and
• Approve the HRA tax levy and budget of $210,000. Synopsis
On September 5, 2023, the Eden Prairie City Council adopted a resolution certifying the proposed 2024 City budget and property tax levy. Calculations for the City showed the budget to be $60,322,771 and the certified levy to be $47,138,752 before fiscal disparities distribution. The net tax levy after fiscal disparities distribution of ($2,316,660) is $44,822,092.
The 2024 proposed budget maintains City services with a budget increase of 5.7% in the general fund and a total budget increase of 5.1% which includes the capital levy and debt service payments. The tax levy is budgeted to increase 5.6%.
According to state statute, the final levy amount must be certified to the county auditor by
December 28, 2023. City Council adoption of the final levy and budget will complete this process. Attachments
Resolution
Budget Summary
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-__ A RESOLUTION CERTIFYING THE 2024 TAX LEVY AND ADOPTING THE 2024 BUDGET
WHEREAS, the City Council has reviewed the budget recommended by the City Manager, listened to public comment, and discussed the proposals and tax levy for the 2024 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden
Prairie, County of Hennepin, Minnesota, that the following sums of money be levied upon the
taxable property in said City for the following purposes:
Taxes to be Levied Against Tax Capacity
General Fund 44,337,436$
Capital Improvements 400,000
Bonds and Interest
2021A Tax Abatement Bonds -
2020A Refunding SouthWest Fire Station Bonds 348,271
Tax Capacity Levy for Certification 45,085,707
Less Fiscal Disparities Distribution 2,316,660
Net Tax Collectible 42,769,047
Taxes to be Levied Against Market Value
2020A Refunding Park Bonds 950,440
Market Value Tax Levy for Certification 950,440
Tax Abatement 1,102,605
Total Net Tax Collectible 44,822,092$
Funds have been provided for principal and interest payments on all bond issues except as shown above, and no other levies are required (as shown in Exhibit 2). BE IT FURTHER RESOLVED that, with the conclusion of the Proposed Property Tax and Budget Hearing process, the City Council approves the 2024 Budget totaling $60,322,771.
BE IT FURTHER RESOLVED that the council consents and approves the 2024 HRA tax levy of $210,000.
ADOPTED by the Eden Prairie City Council this 5th day of December 2023. _____________________________ Ronald A. Case, Mayor
ATTEST: _____________________________
David Teigland, City Clerk
CITY OF EDEN PRAIRIE
NOTICE OF ADJUSTMENT TO REQUIRED DEBT LEVIES
LEVIED YEAR 2023, COLLECTED YEAR 2024
EXHIBIT 2
Debt levy amounts previously certified may be adjusted to the amounts shown below due to the availability of
other repayment sources.
Date of Amount of Required Levy Actual Levy
OUTSTANDING DEBT WITH REQUIRED LEVY Issue Issue 2023/2024 2023/2024
G.O. Tax Abatement Bonds 2021A 12/08/21 $11,940,000 $1,102,605 $1,102,605
G.O. Refunding Bonds 2020A (Market Value)10/28/20 $4,408,000 $950,440 $950,440
G.O. Refunding Bonds 2020A (Tax Capacity)10/28/20 $1,673,000 $348,271 $348,271
GRAND TOTAL $2,401,316 $2,401,316
City of Eden Prairie
2024/2025 Proposed Budget
12/05/2023
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Table of Contents
Table of Contents .................................................................................................................... 1
Budget Overview ..................................................................................................................... 2
City Survey ................................................................................................................................ 4
Tax Base .................................................................................................................................... 5
Tax Levy and Budget .............................................................................................................. 7
Debt Levy ................................................................................................................................. 7
Capital Levy ............................................................................................................................. 8
General Fund Revenue Budget ............................................................................................. 8
General Fund Expenditure Budget .......................................................................................11
Housing and Redevelopment Authority (HRA) ....................................................................16
Conclusion ..............................................................................................................................16
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Budget Overview The 2024/2025 proposed budget provides the resources to achieve the City’s goals for Eden Prairie citizens. These goals are part of the Eden Prairie Promise to the community to fulfill the mission and vision of Eden Prairie and continue making Eden Prairie a great place to live, work and dream. The City Council’s 2024/2025 budget objectives include the following: Achieve City Goals
• Community well-being & safety
• High quality efficient services
• Preserved & beautiful environment
• Sense of community
• Innovative & sustainable practices
• Economic vitality Provide Value to Citizens
• Maintain high quality city services
• Reasonable tax impacts Maintain Strong Financial Position
• Maintain bond rating o Approve a balanced budget o Maintain fund balance policies o Conservative estimates of revenues and expenditures
o Review fees and charges annually, at a minimum adjust for inflation
o Capital planning Maintain Employee Morale and Engagement
• Provide engaging onboarding programs for new hires
• Provide diverse, enriched training, professional development and wellness initiatives to build the skills of future leaders
• Implement recruitment and retention strategies with a diversity and inclusion focus
• Provide salary changes that are competitive and consistent with public and private sector trends The City Council is emphasizing the following areas to achieve City Goals for this budget cycle:
o Implement race equity plan o Implement housing programs and policies
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o Police
Implementation of the Cadet program with the potential of 4 Cadets in 2024 and 1 Cadet in 2025
Police Remodel
o Fire
Evaluation of Duty Crew staffing
Purchase of 2 skeeters and 4 fire trucks
o Administration
2024 Elections These goals and the related costs are interwoven in various sections of the budget. Many times, the costs are almost entirely staff time, and do not require significant financial investment. Some of the costs are capital costs and included in the City’s Capital Improvement Plan, which is separate from the general fund budget. The budget process started in February with a review of City Council goals and will end in December with final approval and adoption of the budget. The process to date and future planned activities include the following: Internal Budget Process
• 2022 – Complete City-Wide work plans
• March/April - Internal service fund budgets prepared by managers
• April 17 - Budget kick-off meeting
• May/June – Department meeting held on 2022 financial results
• May 19 - Staff budget preparation work due
• June - Departmental budget meetings held
• City Manager, Directors, and Finance prepare for City Council Workshop Council Process
• February 4 – City Council Discussion on Priorities
• May 2 – City Council Workshop (Council accepts 2022 financial results)
• May 16 – City Council Workshop on the Community Survey
• July 11 - City Council Workshop
• September 5 - Council adopts a preliminary tax levy and budget
• November 14 – City Council Workshop on Enterprise Funds
• December 5 - Public Meeting and Council adopts final tax levy and budget
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City Survey
The 2023 Quality of Life Survey provided residents the opportunity to rate the quality of life in the City of Eden Prairie, as well as the quality of service delivery and overall workings of local government. The survey also permitted residents to provide feedback to government on what is working well and what is not, and to share their priorities for community planning and resource allocation. The City uses the biannual citizen survey as one input tool for the budget. Key Findings Eden Prairie is a highly desirable and safe place to live.
• Eden Prairie residents continue to rate their quality of life highly, with 92% awarding excellent or good marks in 2023, which is higher than national and regional peer benchmarks and similar to Minnesota benchmarks.
• The overall feeling of safety in Eden Prairie remains high, with a rating of 92% excellent or good. Eden Prairie’s natural environment, parks and recreation opportunities are valued by residents.
• The quality of the overall natural environment in Eden Prairie also continues to be rated highly with 92% rating it as excellent or good. This rating is higher than national regional, and Minnesota comparable cities.
• When asked to choose their favorite thing about living in Eden Prairie, 30% of residents chose to mention parks, trails, and recreation centers. City services continue to be highly ranked among peers.
• In 2023, about 9 out of 10 rated the overall quality of Eden Prairie services as excellent or good, a rating on par with 2020. This measure ranked higher or much higher than national, regional and Minnesota benchmarks. Residents are familiar with and see the value of sustainability.
• At least 7 out of 10 residents are somewhat familiar with composting
• More than half of respondents were familiar with completing a home energy audit
• More than 4 out of 10 residents have completed or would be very likely to purchase an electric vehicle, electrify their home space/water heating and/or cooking equipment or subscribe to a utility renewable power purchase program The survey provides valuable input and demonstrates evidence of overall satisfaction with City services.
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Tax Base The ability to levy and collect taxes is based on property market values, tax capacities, and the City tax rates. Below is a history of the City’s market value of all residential and commercial property.
The current estimated market value for taxes payable in 2024 is a market value increase to $14.3 billion, which is a 6.7% increase over 2023. The table below shows the history of market value, adjusted net tax capacity and the City tax rate since 2020.
Below summarizes the City’s tax impact for residential, apartment, commercial and industrial properties based on current information from the County.
2020 2021 2022 2023 2024
Market Value $11.1 Billion $11.4 Billion $11.7 Billion $13.4 Billion $14.3 Billion
Adjusted Net Tax Capacity $116,554,959 $120,595,985 $122,841,504 $143,680,523 $154,772,812City Tax Rate 31.51%31.43%32.32%28.90%28.35%
Percent
Property Type 2022/2023 2023/2024 Difference Change
Residential ($536,400)1,528$ 1,582$ 54$ 3.5%
Apartment ($18.8M)66,619$ 67,864$ 1,245$ 1.9%
Commercial ($4M)14,314$ 14,859$ 545$ 3.8%
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Staff has calculated that a $430,000 change in the tax levy will impact the median value home by 1% or $15. Below summarizes the total tax impact by taxing authority for the median value home.
One of the goals of the budget is to continue to improve Eden Prairie’s relative position in fiscal comparisons with comparable cities. Eden Prairie is in the lower half of taxes paid for the single value home when compared to the other Minnesota Legislative Commission (MLC) cities as can be seen by the graph below.
The cities that belong to the commission have similar characteristics including receiving limited revenue from the State and are contributors to the fiscal disparity pool.
Percent
Entity 2023 2024 Difference Change
Hennepin County 1,784$ 1,885$ 101$ 5.7%
City of Eden Prairie 1,528 1,582 54 3.5%
School District 2,105 2,223 118 5.6%
Metro Spec Tax District 102 101 (1) (1.0%)
Other Districts 354 367 13 3.7%
Total 5,873$ 6,158$ 285$ 4.9%
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Tax Levy and Budget Below summarizes the proposed total tax levy and budget. Tax Levy
Budget
Debt Levy
For 2024 and 2025 debt payments supported by the tax levy are projected to remain 4% to 5% of the general fund budget. The City has a policy of maintaining a percentage of 5% to 15% of the general fund budget as we consider this to be a moderate debt burden. Moody’s Investors Service has assigned a rating of Aaa to the City of Eden Prairie’s (MN) bond for every debt issue since 2003, the highest rating from Moody’s. Standard & Poor’s has also assigned a rating of AAA to the City of Eden Prairie’s bonds outstanding, their higher rating as well. This ensures the City receives the most competitive interest rates. The City’s bond ratings reflect Eden Prairie’s extensive and diversified tax base, low amount of rapidly amortized debt, and capably managed operations. For 2024 and 2025 the total debt levy is decreasing by $151,684 and $228,990 respectively. The decrease can be attributed to changes in the required debt payment schedules. The City currently has two bonds that are supported by the debt levy. These include the Aquatics expansion at the Community Center (2021 Refunded Tax Abatement) and refunded bonds for the SouthWest Fire Station and for Park Improvements including the community center, park, and trails (2020A Refunding Bonds). The 2020A Refunding Bonds will be paid off in 2025 and the 2021 Refunding Bonds will be paid off in 2035.
2023 2024 Percent 2025 Percent
Fund Adopted Proposed Difference Change Proposed Difference Change
General Fund 41,956,284$ 44,337,436$ 2,381,152$ 5.7% 46,565,306$ 2,227,870$ 5.0%
Capital I mprovement Fund 400,000 400,000 - 0.0% 400,000 - 0.0%
Debt Levy 2,553,000 2,401,316 (151,684) (5.9%) 2,172,326 (228,990) (9.5%)
Sub-total 44,909,284 47,138,752 2,229,468 5.0% 49,137,632 1,998,880 4.2%
Less Fiscal Disparity Distribution (2,477,021) (2,316,660) 160,361 (6.5%) (2,316,660) - 0.0%
Total Levy 42,432,263$ 44,822,092$ 2,389,829$ 5.6% 46,820,972$ 1,998,880$ 4.5%
2023 2024 Percent 2025 Percent
Fund Adopted Proposed Difference Change Proposed Difference Change
General Fund $54,442,407 $57,521,455 $3,079,048 5.7%$59,527,476 $2,006,021 3.5%
Debt 2,553,000 2,401,316 (151,684) (5.9%) 2,172,326 (228,990) (9.5%)
Capital Levy 400,000 400,000 - 0.0% 400,000 - 0.0%
Total City Budget $57,395,407 $60,322,771 $2,927,364 5.1%$62,099,802 $1,777,031 2.9%
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Below summarizes the detail of the 2024/2025 debt levy.
Capital Levy
The City prepares a ten-year capital improvement plan and updates the plan every other year. The Capital Improvement and Maintenance fund (CIMF) pays for capital projects that do not have another funding source, for example, playground replacement, repair and expansion of trails, parks parking lot maintenance, public safety radio replacement, etc. The CIMF is funded through liquor operations profit, rental income, antenna revenue, a tax levy, miscellaneous revenue, and one-time funds the City receives. For example, when the general fund has positive operating results, amounts not needed to meet the fund balance policy have been transferred to the CIMF. The capital levy is the same amount as 2023 and is $400,000 annually. General Fund Revenue Budget
Below summarizes the 2024/2025 proposed General Fund Revenue Budget.
Property tax revenue is the single largest source of revenue and the City strives to balance increases in property taxes with the demand for City services. Property taxes account for 76.9% of the General Fund budget. The tax levy in the proposed budget is increasing 5.7% for 2024 and 5% for 2025.
2023 2024 Percent 2025 Percent
Debt Levy Adopted Proposed Difference Change Proposed Difference Change
Debt Levy on Tax Capacity
2021 Refunded Tax Abatement 1,368,000$ 1,102,605$ (265,395)$ (19.4%) 1,109,115$ 6,510$ 0.6%
2020A Refunding Bonds (SouthWest Fire Station)280,000 348,271 68,271 24.4% 363,211 14,940 4.3%
Sub-total 1,648,000 1,450,876 (197,124) (12.0%) 1,472,326 21,450 1.5%
Debt Levy on M arket Value
2020A Refunding Bonds (Parks Referendum)905,000 950,440 45,440 5.0% 700,000 (250,440) (26.3%)
Sub-total 905,000 950,440 45,440 5.0% 700,000 (250,440) (26.3%)
Total 2,553,000$ 2,401,316$ (151,684)$ (5.9%) 2,172,326$ (228,990)$ (9.5%)
2023 2024 Percent 2025 Percent
Revenue Adopted Proposed Difference Change Proposed Difference Change
Taxes 41,142,158$ 43,480,687$ 2,338,529$ 5.7% 45,664,000$ 2,183,313$ 5.0%
Licenses and Permits 4,068,700 4,166,300 97,600 2.4% 4,159,300 (7,000) (0.2%)
Intergovernmental Revenue 1,401,300 1,868,175 466,875 33.3% 1,885,585 17,410 0.9%Charges for Services 5,571,287 5,984,115 412,828 7.4% 6,091,137 107,022 1.8%
Fines and Forfeits 367,000 350,000 (17,000) (4.6%) 350,000 - 0.0%Transfers 463,662 473,203 9,541 2.1% 470,729 (2,474) (0.5%)
Other Revenue 328,300 198,975 (129,325) (39.4%) 206,725 7,750 3.9%
53,342,407 56,521,455 3,179,048 6.0% 58,827,476 2,306,021 4.1%
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Charges for services is the second largest revenue source and accounts for 10.6% of the General Fund Budget. Charges for services are increasing $412,828 or 7.4% in 2024 and $107,022 or 1.8% in 2025. The increase is due to expected improved performance at the community center as it continues to rebound from the impacts of COVID. Licenses and permits revenue is the third largest revenue source to the General Fund and accounts for 7.4% of the General Fund revenues. Licenses and permits is increasing $97,600 or 2.4% for 2024 and remains relatively flat for 2025. Significant items to note include the following:
• Building permit and fees revenue for 2024 is budgeted to increase to $2,600,775 which is $75,800 or 3% more than 2023. This budget was held flat for 2025 as we budget a higher increase every other year. Building permit fees were not increased for 2024 and 2025 but we were able to increase the budget due to conservative budgeting in the past. The below history shows acutal amounts to 2022 and then budgeted amounts to 2025.
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• Cable TV is remaining flat for 2024 and 2025. As you can see from the graph, cable revenue dropped in 2018 and is remaining relatively consistent each year.
Intergovernmental revenue (IGR) sources includes Federal and State grants, State aid, School Liaison, and other local grants and account for 3.3% of General Fund Revenues. For 2024, IGR is increasing to $1,868,175 which is an increase of $466,875 or 33.3%. For 2025, the increase is .9%. The increase in 2024 is due mainly to the increase of the School Liaison from $128,300 in 2023 to $368,175 in 2024. Starting in 2023, the School District now will be splitting the cost of the School Resource Officer’s (SRO) wages and benefits 50/50 with the city, which is consistent with our surrounding peers. Currently, there are 4 SROs for the 2023-2024 school year, which will increase to 4.5 SROs for the 2024-2025 and 2025-2026 school years. Below is a history of the IGR revenue (without COVID money in 2020-2022).
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Other revenues that the General Fund receives consists of fines and penalties, contributions, interest income, reimbursements and transfers–in. These revenues make-up 1.8% of General Fund Revenues. Other revenue is decreasing due to a decrease in investment revenue and fine and penalty revenue. General Fund Expenditure Budget
Revenues Less Expenses for 2024 and 2025 are ($1,000,000) and ($700,000) respectively. The City anticipates using ARPA money in 2024 and 2025 to offset revenue shortfalls. Expenditures are proposed to increase 5.7% in 2024 and 3.5% in 2025. The following graph shows budget changes by category:
Since the City provides significant services to the community, wages and benefits make up 68.3% percent of the general fund budget. The most significant categories include wages, pension and taxes, health insurance, part-time wages, and workers compensation insurance. Other significant costs include amounts to maintain facilities, fleet services, information technology, and electricity. These items make up another 18.6% of the budget. All other items make up 13.1% of the budget.
2023 2024 Percent 2025 Percent
Expenses Adopted Proposed Difference Change Proposed Difference Change
Administration 4,963,366$ 5,431,719$ 468,353$ 9.4% 5,207,474$ (224,245)$ (4.1%)Community Development 2,681,120 2,693,888 12,768 0.5% 2,820,246 126,358 4.7%
Police 18,162,956 19,676,668 1,513,712 8.3% 20,707,965 1,031,297 5.2%
Fire 6,985,897 7,440,405 454,508 6.5% 7,704,050 263,645 3.5%
Public Works 7,001,848 6,792,367 (209,481) (3.0%) 7,017,246 224,879 3.3%
Parks and Recreation 14,627,220 15,486,408 859,188 5.9% 16,070,495 584,087 3.8%Transfers 20,000 - (20,000) (100.0%)- - 0.0%
54,442,407 57,521,455 3,079,048 5.7% 59,527,476 2,006,021 3.5%
Revenues Less Expenses (1,100,000)$ (1,000,000)$ 100,000$ (9.1%) (700,000)$ 300,000$ (30.0%)
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The chart below illustrates the budget by category.
Below provides information on the significant items in the budget. Full-Time Wages With a staff of 236 full-time employees in the general and internal service funds, the City provides its residents and businesses with a full range of municipal services consisting of police and fire protection, street maintenance, recreation programs, park maintenance, community and economic development, and building inspections. Wages are proposed to increase 3.7% in 2024 and 5% in 2025. This includes a 3% base increase, step increases and performance pay. Through staff turnover, the City usually sees budget reduction as new staff are many times hired at a lower rate. However, new employees earn step increases and performance pay until they reach the target rate for their position, which then adds additional increases to the budget. The City prepares the budget for wages by looking at trends within the private sector labor market and our local government peer group. Based on the compensation trends we are seeing, we are proposing a 3% wage increase in 2024 and 2025. This proposal is in line with our peer cities and the private sector. We must continue to provide similar increases as the private sector and our public sector peer cities to remain competitive. Wages – Part time Wages part-time are increasing $259,870 or 9% in 2024 and decreasing $146,936 or 4.7% in 2025. The 2024 increase pertains mainly to elections. For 2025, the election budget was decreased as it is a non-election year.
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Duty Crew Duty Crew wages for 2024 are $1,156,301 which is $114,076 or 10.9% more than 2023. For 2025 the budget is increasing to $1,190,990 which is a 3% increase. In July of 2023, wages were increased from $15.07 to $18 and in July 2024 are budgeted to increase to $18.54. Duty Crew wages were increased to assure we are competitive with our surrounding peers. In 2022, a wage study was conducted with other fire departments in the metropolitan area. Based on the study, Eden Prairie Duty Crew wages were below the average. Duty Crew firefighters continue to provide excellent service to our City. However, there continues to be a gap in hours that our Duty Crew firefighters are able to cover in order to maintain high quality services. All Duty Crew firefighters have other full-time or part-time jobs and their time availability has changed in recent years. In 2024 a Standard of Cover Study will be conducted. The study will provide an evaluation of the fire department service delivery and also provide recommendations on what is needed to maintain high quality service delivery today and in future years. The study will also evaluate current service delivery, fire station locations, changing city demographics, all-hazard response needs, and changing city operations/services. The one-time public safety funding will be used to pay for the Study. Fire Relief Pension Plan Firefighters of the City of Eden Prairie are members of the Eden Prairie Firefighter Relief Association. The Association is the administrator of the single-employer defined benefit pension plan available to firefighters. The plan is administered pursuant to Minnesota Statutes Chapter 69, Chapter 424A, and the Association’s by-laws. As of December 31, 2022, membership includes 95 active participants, 108 retirees and beneficiaries currently receiving benefits, and 20 terminated employees entitled to benefit but not yet receiving them.
Minnesota Statues specifies minimum support rates required on an annual basis by the City. The Association completes an actuarial study every two years which documents the required contribution from the City. An updated actuarial was completed for the 2023 budget. The City receives Fire Relief Pension Aid from the State of approximately $550,000, which offsets the City’s required contribution. PERA The City pays public employees retirement (PERA) benefits for all eligible employees. Generally all full time employees and part-time employees, who earn more than $425 in a single month, are PERA eligible. The City currently contributes 7.50% of salary for PERA except for the police and fire employees where the percent is 17.7% for 2024 and 2025. The City also pays 7.65% of salary for FICA except for police and fire where the percentage is 1.45%. The City has budgeted $4,254,031 and $4,441,133 for PERA/FICA in 2024 and 2025.
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Health Insurance The City periodically conducts a Request for Proposal (RFP) process to procure health insurance. State law requires that the City issue a RFP every five years. In 2022, the City Council approved a three-year health insurance contract with HealthPartners for 2023 to 2025. For 2024 and 2025 the rate cap is 9%. For 2024, Health insurance is budgeted to increase $234,927 or 9%. The increase is attributed to the rate cap increase of 9%. For 2025, the budget was increased $217,753 or 7.7%. Workers Compensation The workers compensation user charge is changing from $781,843 in 2023 to $1,512,771 in 2024 due to increased rates, increase in our modification rating, and the use of $100,000 of fund balance in 2022 and $10,000 of fund balance in 2023. Our current experince modifiation is 1 and has ranged from .55 to 1.06 since 2014. When the EMR is lower, our workers compensation costs are less due to positive claims experience. The average EMR, or the point at which the City is said to be no more or no less risky than another, is 1.0. If our EMR dips below 1.0, we are considered safer than most, which translates to lower premiums. Also, workers compensation rates for each employee category can change (increase and decrease) every year. For 2025 the user charge is budgeted to increase to $1,667,791. Facilities User Charges The Facilities Division is responsible for building related operations, preventative maintenance, remodeling, and long-term maintenance programs of the facilities owned by the City. The buildings include the City Center, Community Center, Senior Center, Outdoor Center, Art Center, Maintenance Facility, four Fire Stations, park shelters, and historical buildings. Facilities charges back to the internal users for these services. Facility user charges are increasing from $5,627,990 in 2023 to $6,174,909 in 2024, which is an increase of $546,919, or 9.7%. The increase is due mainly to increased energy costs and increases in wages and benefits. Over the past couple of years rates for gas and electric have increased significantly. For 2025, user charges are increasing to $6,388,783 or 3.5%. IT User Charges The Information Technology Division is responsible for providing strategic technology direction and managing and implementing IT governance processes in support of City leadership. IT develops and implements IT operational policies and standards, manages contracts for IT services with various service providers, and coordinates major citywide activities including:
• General PC/Phone Systems Support;
• Network Wellness (Network Hardware/Servers/Enterprise Applications);
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• Application Analysis, Implementation and Support and;
• Technology Analysis, Recommendation and Implementation. The Information Technolgy Divison manages approximately 75 different software applications and 481 devices (computers, laptops, iPads). IT charges back to the internal users for these services. For the General Fund, IT user charges are increasing from $2,878,189 in 2023 to $3,102,541 in 2024 an 7.8% increase. For 2025, $3,127,454 is budgeted which is a .8% increase. There are software maintenance increases for election software (Modus), fleet management, and New World (Mobile Eye). In addition, capital costs increased for the planned implementation of new software in Police including police mobile computer system replacement, body cameras, and a squad camera upgrade. Fleet Services User Charges Fleet services provides and maintains a safe, high quality, reliable and efficient fleet of vehicles and equipment. They manage approximately 300 vehicles and large pieces of equipment. The fleet includes police and fire vehicles, snowplows, dump trucks, pickup trucks and autos. Fleet Services is also continuing sustainability efforts this budget cycle to implement additional plug-in electric vehicles and improve building electrical infrastructure to support more electric vehicle charging stations. Fleet Services charges back to the internal users for these services. Fleet services user charges for the general fund are increasing 7.5% in 2024 to $2,875,144 and increasing 3.1% in 2025 to $2,965,292. The Fleet Services budget increase is due mainly to aging and increased costs for operating supplies and also for increased costs in repair and maintenance as vehicles are held longer than in the past due to the 1 to 2 year delay in receiving new vehicles.
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Housing and Redevelopment Authority (HRA)
In 1980, the City of Eden Prairie established a Housing and Redevelopment Authority for the City. The HRA may spend resources for the following:
• to provide a sufficient supply of adequate, safe, and sanitary dwellings in order to protect the health, safety, morals, and welfare of the citizens of this state;
• to clear and redevelop blighted areas;
• to perform those duties according to comprehensive plans;
• to remedy the shortage of housing for low and moderate income residents, and to redevelop blighted areas, in situations in which private enterprise would not act without government participation or subsidies. Housing and Redevelopment Authorities can levy a tax of up to .0185 percent of taxable market value. The levy limit for the City of Eden Prairie HRA is approximately $2.5M. In 2006, the Council approved the HRA levy for the first time. The HRA levy pays for wages and benefits related to the support of housing in the City. It includes staff time from Housing and Community Services, Community Development, Planning, and Administratin of Rental Housing Licensing. Wages and benefits total $214,000 for 2024 and $223,000 for 2025. Other City resources for housing on an annual basis include:
• Tax Increment Financing, $1,700,000
• Community Development Block Grant, $300,000 to $500,000
• General Fund – Housing Inspections, 150,000 Conclusion This document is intended to provide information on the proposed 2024/2025 City of Eden Prairie budget. If you have any questions about the budget contact a member of the finance team or the individual operating areas.
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Office of the City Manager/ Finance, Tammy Wilson
ITEM DESCRIPTION:
Fee Schedule Ordinance – First Reading and Second Reading
ITEM NO.:
IX.D.
Requested Action
Move to:
• Close the Public Hearing; and
• Approve first and second readings of the Ordinance Updating the Fee Schedule for Administration of Official Controls and adopt resolution approving the Summary for
Publication. Synopsis This Ordinance establishes a fee schedule for the City’s costs in administering Official Controls
pursuant to Minnesota Statutes Section 462.353, Subd. 4. Background Information Minnesota Statute allows a municipality to prescribe fees sufficient to defray the costs incurred
by it in reviewing, investigating, and administering an application for an amendment to an Official Control or other approval required under an Official Control. Minnesota Statute defines an “Official Control” as ordinances or regulations which control the physical development of a city and implement the general objectives of the comprehensive plan.
Official Controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Attachments
Ordinance Report of Changes Summary Ordinance Resolution for Summary Publication
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. ____-2023
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REVISING THE TITLE PAGE OF CHAPTER 25 AND ESTABLISHING A FEE PRESCRIBED FOR REVIEW, INVESTIGATION AND ADMINISTRATION OF AN APPLICATION FOR AN OFFICIAL CONTROL PURSUANT TO MINN. STAT. § 462.351 TO 462.364, AND, ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 25 is amended by replacing in its entirety the “Fee
Schedule for Administration of Official Controls” with the 2024 fee schedule set forth below. The following fees are prescribed for the review, investigation, and administration of an application for an amendment to an official control established pursuant to Minnesota Statute Sections 462.351 to 462.364 or an application for a permit or other approval required under an official control
established pursuant to those sections:
SERVICE FEE DESCRIPTION
BUILDING INSPECTIONS Building Permit – Valuation*
$1 to $500 $40.00
$501 to $2,000 $40.00 1st $500 plus $4.35 each add'l $100 or fraction thereof, to & including $2,000
$2,001 to $25,000 $105.25 1st $2,000 plus $19.75 each add’l
$1,000 or fraction thereof, to & including $25,000
$25,001 to $50,000 $559.50 1st $25,000 plus $14.50 each add’l $1,000 or fraction thereof, to & including $50,000
$50,001 to $100,000 $922.00 1st $50,000 plus $10.10 each add’l $1,000 or fraction thereof, to & including $100,000 $100,001 to $500,000 $1,427.00 1st $100,000 plus $8.10 each add’l $1,000 or fraction thereof, to & including $500,000
$500,001 to $1,000,000 $4,667.00 1st $500,000 plus $6.70 each add’l $1,000 or fraction thereof, to & including $1,000,000
$1,000,001 & up $8,017.00 1st $1,000,000 plus $5.40 each add’l $1,000 or fraction thereof *Residential building permit fees for most projects that require plan review are based on square footage valuation. During plan review, an inspector calculates the square footage of each type of area and applies value per square foot. The determined valuation is compared to the City of Eden
Prairie Fee Schedule. Please see residential valuation table below.
2
Residential Valuation Table Type of Area Value/Sq Ft
Single Family New Construction – Finished Areas $96.00
Townhome New Construction – Finished Areas $96.00
New Construction – Unfinished Basement $22.00 Sport Court $30.00
New Construction-Garage $22.00
Basement Finish $25.00
Remodel $48.00
Addition $96.00
Garage – Attached w/ Footings & Foundation $42.00
Garage – Detached w/ Floating Slab $33.00 Screen Porch $48.00
3-Season Porch $65.00
4-Season Porch $96.00
Decks $24.00
Decks: Replace decking and railing $12.00
SERVICE FEE DESCRIPTION
Building Permit Other Inspections & Fees
Plan Review 65% of the building permit fee
Plan Review for Similar Plans 25% of the building permit fee
Reinspection $50.00 Per hour
Investigation Fee – work started w/o a permit Equal to amount of permit fee
Demolishing or Razing Buildings – Commercial
Building
$100.00 $1,000 deposit from permit applicant
Demolishing or Razing Buildings - House $100.00 $1,000 deposit from permit applicant
Demolishing or Razing Buildings - Garage $50.00 $1,000 deposit from permit applicant
Demolishing or Razing Buildings – Accessory
Building
$50.00 $1,000 deposit from permit applicant
Demolishing or Razing Buildings - Interior Demo $50.00
Demolishing or Razing Buildings – Exterior
Demo
$50.00
Cash Park Fee Single Family Unit $6,500.00 Per unit
All other residential $5,500.00 Per unit
Office, Commercial,
Industrial
$11,500.00 Per acre
3
Fire Code Appeal Fire Code Appeal $320.00
CONDITIONAL USE PERMITS
Conditional Use Permit Fees
Historic Properties $600.00
Wireless Support Structures $600.00
DEVELOPMENT
Community Development Deposit
0 to 80 Acres $5,300.00 A development deposit agreement is required for planned unit developments,
planned unit development amendments,
rezoning, platting, site plan review, guide plan changes, development deposit amendments, conditional use permits, and environmental assessment
worksheets
81+ acres $6,000.00
Administrative Reviews, Subdivision/Combination, Lot Line Adjustments
$1,000.00
Guide Plan Charge $920.00 Plus $5.00 per acre Planned Unit Development (P.U.D) Fee
$970.00 Plus $5.00 per acre
Planned Unit Development Amendment
$975.00 Plus $5.00 per acre
Platting
Residential-0 to 10 units $615.00 Plus $5.00 per unit
Residential-11 or more $725.00 Plus $5.00 per unit Commercial, Industrial, Office, Public-0 to 3 acres $615.00 Plus $25.00 per acre
Commercial, Industrial, Office, Public-3.1 or more acres
$720.00 Plus $25.00 per acre
Minor Subdivision $420.00
Administration Subdivision/Combination $200.00
Lot Line Adjustment $145.00
Site Plan Review
Administrative $450.00 Site Plan Review (Planning Commission and/or City Council)
Multi-Family-0 to 10
units
$615.00 Plus $5.00 per unit
Multi-Family-11 or more
units
$725.00 Plus $5.00 per unit
4
Commercial, Industrial, Office, Public-0 to 3 acres $615.00 Plus $25.00 per acre
Commercial, Industrial, Office, Public-3.1 or
more acres
$725.00 Plus $25.00 per acre
Development Agreement Amendment
Development Agreement Amendment $560.00
Tree Replacement
Tree Replacement Fee $125.00 per caliper inch
Inclusionary Housing Payment in Lieu Inclusionary Housing Payment in Lieu $150,000.00 For new multifamily for sale developments, payment in lieu fee is $150,000 per unit for 10% of total units
Signs
Signs $50.00 Zoning fee, building permit fee based on value also applies
Charge for returning picked up signs $35.00
ZONING AMENDMENTS, VARIANCES and APPEALS
Zoning Amendment $385.00
Commercial, Industrial, Office, Public
0-3 acres $615.00 Plus $25.00 per acre
3.1 or more acres $740.00 Plus $25.00 per acre
Residential
0-10 units $615.00 Plus $5.00 per unit 11 or more units $740.00 Plus $5.00 per unit Variances and Appeals
Variances Residential $490.00 Includes residential zoned properties for
new construction, building additions, decks, porches, garages, accessory structures, and variances from all chapters of the City
Code
Variances Other $730.00 Includes variances associated with
properties zoned office, industrial, commercial, and residential
Zoning Appeals $360.00
ZONING-GENERAL
Zoning Letter Preparation Fee $60.00 Fee to cover research for preparation of zoning verification letter
Temporary Sales Event Fee $60.00 Plus tent fee if applicable
Development Sign Fee $75.00 City cost for deploying development notification signage on a qualifying land use application
ZONING-TELECOMMUNICATIONS Commercial Wireless Communications towers and/or antennas
5
Administrative $600.00 Permit application for towers, antennas, or small wireless structures meeting
code located on private property
Letter of Intent $5,000.00 Deposit Deposit for towers and/or antennas on
City property
Letter of Intent $9,000.00 Deposit for
legal/consultant costs
Additional funds may be required if the
balance in the deposit account is
inadequate to pay for all the fees and costs incurred by the City
Variances required for
tower and/or antennas
See Development Fees
Site Plan Review required
for tower and/or antennas
See Development Fees
ENGINEERING
Excavation & Grading – Grading Permit Fee / Plan Review Fee
100 to 500 cubic yards $165.00
501 to 1,000 cubic yards $385.00
1,001 to 10,000 cubic yards $710.00
10,001 to 100,000 cubic yards $1,465.00
100,001 or more $2,950.00 *The following fees are the total hourly cost to the jurisdiction. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved.
Additional plan review fees $133.00* Minimum charge is one half hour, required by changes, additions, or revisions to approve plans Reinspection fee $133.00* Minimum charge is one half hour, required by changes, additions, or revisions to approve plans
Vacations/Modifications of Public Right-of Way or Easement
Application and
Processing Fee: 1 to 3 parcels
$825.00 Per transaction/for vacating, adjusting,
or amending the City’s interest in real property, including right-of-way and easements (for items such as, but not
limited to, attorney’s fees, consultation,
review, notice mailing, publication of notice and recording)
Application and
Processing Fee: 4 or more parcels
$1,325.00 Per transaction/for vacating, adjusting,
or amending the City’s interest in real property, including right-of-way and easements (for items such as, but not limited to, attorney’s fees, consultation,
review, notice mailing, publication of
notice and recording)
Engineering Land Development Services, including Plan Review, Contract Administration, and Inspection Review
6
5% multiplied by the total construction cost Not applicable to projects built by City through special assessment. Costs
include public infrastructure improvements (excluding grading costs), subject to approval by City Engineer payable prior to start-up. Final Plat
Residential $110.00 Per unit / Minimum $600.00 plus cost of review by special assessment.
Commercial, Industrial,
Office and Public
$300.00 Per acre / Minimum $1,200.00
LGU Review
Fee is $120 per hour. Min. Payment is $240 plus cost of review by special consultants necessary as determined by the City Manager. The deposit, or a portion thereof, will be refunded after final
City Council action on the Development Application if the total sum deposited is greater than the
administrative review cost or if no City Council action is required the deposit will be refunded after all site review and monitoring activities are complete. All costs incurred by the City or their consultant that exceed the cash deposit balance will be billed to the applicant. LGU Deposit-Plan Review
LGU Plan Review $5,500.00 A deposit agreement is required for
wetland alteration, wetland replacement, wetland restoration and/or wetland bank plan reviews LGU Deposit – Site Review
Single Family Residential $240.00 An LGU deposit agreement is required
for review of wetland delineations or wetland determinations on single family residential properties.
Site Review or Development Review $1,900.00 An LGU deposit agreement is required for site review and/or wetland delineation review. Floodplain
Application for FEMA Letter of Map Amendment (LOMA) using LiDAR Elevation Data
$75.00
Application for FEMA Letter of Map
Amendment Out as
Shown (LOMA-OAS)
$50.00
FEMA Parcel Map with
Base Flood Elevation and Lowest Adjacent Grades
No cost
Environmental Assessment Worksheet
Environmental
Assessment Worksheet
(E.A.W.)
$650.00 Plus $10/acre
7
Shoreland Management Ordinance Permits Temporary structure in public waters $150.00
Change in structure in public waters $150.00
Section 2. Ordinance No. 24-2022 is repealed effective January 1, 2024. Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation” is hereby adopted in its entirety
by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective January 1, 2024 for calendar year 2024.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of
December 2023, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5th day of December 2023.
ATTEST: ____________________________ ______________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ____________________, 2023.
ITEM - ACTIVITY DESCRIPTION 2023 2024 % change
'23 to '24
DEVELOPMENT
Community Development Deposit
0 to 80 acres 5,100.00$ 5,300.00$ 4%
Guide Plan Charge
Guide Plan Charge Plus $5.00 per acre 910.00$ 920.00$ 1%
Planned Unit Development Amendment
Planned Unit Dev. Amendment Plus $5.00 per acre 970.00$ 975.00$ 1%
Platting
Residential - 0 to 10 units Plus $5.00 per unit 610.00$ 615.00$ 1%
Residential - 11 or more units Plus $5.00 per unit 720.00$ 725.00$ 1%
Commercial, Industrial, Office, Public 0 to 3 acres -- Plus $25.00 per acre 610.00$ 615.00$ 1%
Minor Subdivision 415.00$ 420.00$ 1%
Administrative Subdivision/Combination 140.00$ 200.00$ 43%
Lot Line Adjustment 140.00$ 145.00$ 4%
Site Plan Review (Plannng Commission and/or City Council)
Multi-Family - 0 to 10 units Plus $5.00 per unit 610.00$ 615.00$ 1%
Multi-Family - 11 or more units Plus $5.00 per unit 720.00$ 725.00$ 1%
Commercial, Industrial, Office, Public 0 to 3 acres -- Plus $25.00 per acre 610.00$ 615.00$ 1%
Commercial, Industrial, Office, Public 3.1 or more acres -- Plus $25.00 per acre 720.00$ 725.00$ 1%
Development Agreement Amendment
Development Agreement Amendment 550.00$ 560.00$ 2%
SIGNS
Signs Zoning fee; Building permit fee based on value also applies 50.00$ fee same no matter size in 2024
Up to 30 square feet Zoning fee; Building permit fee based on value also applies 100.00$ 50.00$ -50%
31 square feet through 50 square feet Zoning fee; Building permit fee based on value also applies 125.00$ 50.00$ -60%
51 square feet through 80 square feet Zoning fee; Building permit fee based on value also applies 155.00$ 50.00$ -68%
81 square feet or over Zoning fee; Building permit fee based on value also applies 190.00$ 50.00$ -74%
ZONING AMENDMENTS, VARIANCES AND APPEALS
Zoning Amendment 380.00$ 385.00$ 1%
Commercial, Industrial, Office, Public
0-3 acres Plus $25.00 per acre 610.00$ 615.00$ 1%
3.1 or more acres Plus $25.00 per acre 730.00$ 740.00$ 1%
Residential
0-10 units Plus $5.00 per unit 610.00$ 615.00$ 1%
11 or more units Plus $5.00 per unit 730.00$ 740.00$ 1%
Variances and Appeals
Variances Residential 480.00$ 490.00$ 2%
Variances Other Includes variances associated with properties zoned office, ind., comm. and residential 720.00$ 730.00$ 1%
Zoning Appeals 350.00$ 360.00$ 3%
Includes residential zoned properties for new construction, building additions, decks, porches, garages, accessory
structures and variances from all chapters of the City Code
A development deposit agreement is required for planned unit developments, planned unit development amendments, rezoning, platting, site plan review, guide plan changes,
development agreement amendments, conditional use permits, and environmental assessment worksheets.
Community Development Fees & Charges
City Ordinances
ITEM - ACTIVITY DESCRIPTION 2023 2024 % change
'23 to '24
DEVELOPMENT
Community Development Fees & Charges
City Ordinances
ZONING - GENERAL
Zoning Letter Preparation Fee Fee to cover research for preparation of zoning verification letter 55.00$ 60.00$ 9%
Temporary Sales Event Fee Plus tent fee if applicable 55.00$ 60.00$ 9%
Development Sign Fee The City's cost for deploying development notification signage on a qualifying land use application 50.00$ 75.00$ 50%
ZONING - TELECOMMUNICATIONS
Commercial Wireless Communications towers and/or antennas
Letter of Intent Deposit for towers and/or antennas on City property 4,900.00$ 5,000.00$ 2%
Letter of Intent 8,900.00$ 9,000.00$ 1%
Variances required for tower and/or antennas. See Development Fees
Site Plan Review required for tower and/or antennas. See Development Fees
Deposit for legal/consultant costs - additional funds may be required if the balance in the deposit account is inadequate to
pay for all of the fees and costs incurred by the City. Applies exclusively to water towers.
ITEM - ACTIVITY DESCRIPTION 2023 2024 % change
'23 to '24
ENGINEERING
Excavation & Grading - Grading Permit Fee / Plan Review Fee
100 to 500 cubic yards 160.00$ 165.00$ 3%
501 to 1000 cubic yards 380.00$ 385.00$ 1%
1,001 to 10,000 cubic yards 700.00$ 710.00$ 1%
10,001 to 100,000 cubic yards 1,450.00$ 1,465.00$ 1%
100,001 or more 2,900.00$ 2,950.00$ 2%
**The following fees are the total hourly cost to the jurisdiction. This cost shall include supervision,
overhead, equipment, hourly wages and fringe benefits of the employees involved.
Additional plan review fees Minimum charge is one half hour, required by changes, 130.00$ 133.00$ 2%
additions or revisions to approve plans
Reinspection fee Minimum charge is one half hour, required by changes, 130.00$ 133.00$ 2%
additions or revisions to approve plans
Vacations/Modifications of Public Right-of-Way or Easement
Application and Processing Fee
1 to 3 parcels 800.00$ 825.00$ 3%
4 or more parcels 1,300.00$ 1,325.00$ 2%
Engineering Land Development Services, including Plan Review, Contract Administration, and Inspection Review
5% x total construction cost
Shoreland Management Ordinance Permits
Temporary structure in public waters 145.00$ 150.00$ 3%
Change in structure in public waters 145.00$ 150.00$ 3%
Engineering Fees & Charges
City Ordinances
Per transaction / for vacating, adjusting, or amending the City's interest in real property,
including right-of-way and easements (for items such as, but not limited to, attorney's
fees, consultation, review, notice mailing, publication of notice, and recording)
Costs include all public infrastructure improvements (excluding grading costs), subject to
approval by City Engineer payable prior to startup. Not applicable to projects built by City
through special assessment.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE __-2023
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CHAPTER 25 BY ADOPTING THE 2024 “FEE SCHEDULE FOR ADMINISTRATION OF OFFICIAL CONTROLS”, REPEALING ORDINANCE NO. 24 -2022, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 25 of the City Code by replacing in its entirety the “Fee Schedule for Administration of Official Controls” for the City’s costs in administering Official Controls. As defined by Minnesota Statute, Official Controls may include zoning,
subdivision controls, site plan regulations, sanitary codes, building codes and official maps.
Effective Date: This Ordinance shall take effect January 1, 2024.
ATTEST: ____________________________ ______________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on _____________, 2023. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2023-__ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. __-2023 AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2023 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 5th day of December, 2023.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. __-2023 is lengthy and contains charts.
B. The text of summary of Ordinance No. __-2023, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance.
C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices. E. Ordinance __-2023 shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication.
ADOPTED by the City Council on December 5, 2023.
___________________________
Ronald A. Case, Mayor ATTEST:
________________________ David Teigland, City Clerk
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
Dec. 5, 2023
DEPARTMENT/DIVISION:
Office of the City Manager/
Finance, Tammy Wilson
ITEM DESCRIPTION:
Adopt the 2024 Fee Resolution
ITEM NO.:
IX.E.
Requested Action Move to:
• Close the Public Hearing; and
• Adopt the 2024 Fee resolution
Synopsis This Resolution updates the fee schedule for the City’s services not covered by ordinance.
Attachments
• Resolution
• Report of Changes
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NUMBER NO. 2023-___ A resolution regulating fees and charges for business licenses, permits and municipal services. The City Council of the City of Eden Prairie resolves as follows: Page Parks and Recreation Community Center Membership ..................................................................................................... 3 Community Center Open Activities and PlayCare .......................................................................... 4 Community Center Group Rates, Equipment Rental, and Advertising ........................................... 5 Community Center Rental ............................................................................................................... 6 Parks and Recreation Rental ............................................................................................................ 8 Parks and Recreation ....................................................................................................................... 9 Cemetery ........................................................................................................................................ 10 Community Development
Assessing ....................................................................................................................................... 12 Tax Increment Financing ............................................................................................................... 13 Public Works Engineering .................................................................................................................................... 15 Utilities .......................................................................................................................................... 16 Police Police ............................................................................................................................................. 19 Business Licenses and Fees ........................................................................................................... 20 Fire Fire Department ............................................................................................................................. 23 Building Inspection ........................................................................................................................ 24 Office of the City Manager Administrative ............................................................................................................................... 27
Finance ........................................................................................................................................... 28 Facilities Equipment and Room Rental ........................................................................................ 29 Attachment A – Miscellaneous Fire Fees ................................................................................... 30 Attachment B – Priority Rental Classifications ........................................................................ 33 Fees not stated in this Resolution may be set by the City Manager. All Resolutions of the City of Eden Prairie, Minnesota, relating to fees heretofore adopted are hereby repealed. ADOPTED by the City Council of Eden Prairie this 5th day of December 2023, to be effective the 1st day of January, 2024.
_______________________________
Ronald A. Case, Mayor ATTEST:
_______________________________
David Teigland, City Clerk
City of
Eden Prairie,
Minnesota
Fees December
2023
2024
Parks and
Recreation
2024 Fees
ITEM - ACTIVITY DESCRIPTION 2024
COMMUNITY CENTER MEMBERSHIP
Daily Full Use Pass (includes open gym, open skate, open swim, group fitness, fitness, and racquetball)
Must be age 15 and up to use Fitness Center (12 - 14 with adult supervision)
Member free
Resident daily + tax 12.00$
Non Resident daily + tax 15.00$
Membership Benefits
10% discount on upfront purchase of 12 month membership
Month to month automatic debit payment required unless a payment for 12 months is rendered in full at time of purchase.
Debits occur on 1st-3rd of every month.
1. Includes full use of fitness facility including a complimentary equipment orientation
2. Includes group fitness classes (except specialty fitness classes such as Yoga and Pilates)
3. Includes use of racquetball courts
4. Includes free open gym, skate and swim
Monthly Resident Membership Rates (Live or Work in Eden Prairie)
Youth (18 and under)Any child 18 years of age or younger.monthly + tax 38.94$
Adult (19 and over)Individual age 19 or older.monthly + tax 47.92$
Dual Any 2 adults or 1 adult/1 youth residing at same address monthly + tax 81.85$
Dual Plus One Any 2 adults plus 1 youth OR 1 adult and 2 youths residing at same address.monthly + tax 96.83$
Household Any 2 adults and up to 4 youth residing at same address.monthly + tax 109.81$
Senior (62 and older)Any individual 62 years of age or older.monthly + tax 39.93$
Senior Dual Any 1 senior and 1 additional member (55 or older) residing at same address.monthly + tax 64.89$
Monthly Non Resident Membership Rates
Youth (18 and under)Monthly rate plus applicable taxes monthly + tax 54.91$
Adult (19 and over)Monthly rate plus applicable taxes monthly + tax 55.90$
Dual Monthly rate plus applicable taxes monthly + tax 95.83$
Dual Plus One Monthly rate plus applicable taxes monthly + tax 112.81$
Household Monthly rate plus applicable taxes monthly + tax 130.78$
Senior (62 and older)Monthly rate plus applicable taxes monthly + tax 55.90$
Senior Dual Monthly rate plus applicable taxes monthly + tax 95.83$
Seasonal Short-term Membership Rates
Administrative Fee is waived.
One Month (Winter Break)30 consecutive days tax included 50.00$
Three Months (Summer)3 consecutive months tax included 126.00$
Four Months (Summer)4 consecutive months tax included 168.00$
Short-term Membership Rate
One Month Administrative Fee is included/offered year round tax included 84.00$
Virtual Membership
Monthly rate tax included 15.00$
Membership Administrative Fee
Membership Admin. Fee Fee to administer a new membership tax included 30.00$
Membership Change Fee
Membership Change Fee Fee to make changes to an account tax included 10.00$
Community Center Membership Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2024
COMMUNITY CENTER OPEN ACTIVITIES
Tot Time / Play Structure Combo
Members Child must be on a family membership free
Non Members 7.00$
Open Skate, Open Gym, Open Swim and Lap Swim
Resident and Non Resident - fee is for the use of open skate and open gym
Babies up to 2 years of age free
Youth 2 years of age to 18 years of age 7.00$
Adult 19 years of age or older 9.00$
Family rate Max 5 people living at same address 25.00$
Racquetball & Wallyball
Members free
Non-Members 9.00$
Wallyball 2 hour minimum ($30/2 hrs)30.00$
COMMUNITY CENTER PLAY CARE & PLAY STRUCTURE
Play Care
Play Care Hourly rate 3.00$
Punch Cards - Parent is a Member Punch Card - 20 sessions 55.00$
Punch Card - Parent is a Nonmember Punch Card - 20 sessions 75.00$
Play Structure
Child on Family Membership Child must be on a family membership free
Under 2 years of age Per child, per visit free
2 years of age - 15 years of age Per child, per visit 7.00$
Play Structure - Non-prime Time
Half price Monday-Sunday after 1 p.m.
Under 2 years of age Per child, per visit free
2 years of age - 15 years of age Per child, per visit 3.50$
Community Center Open Activities and PlayCare Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2024
COMMUNITY CENTER EQUIPMENT RENTAL
Ice Skate Rental
Skates free to Eden Prairie non-profit service organization groups
Ice Skates Per pair 4.00$
COMMUNITY CENTER - GROUP RENTALS, RATES, & POLICIES
Overnight Rentals - 11 p.m. - 5:30 a.m.
Price per participant 50 participant minimum 15.00$
Group rentals will be charged an additional $1/participant for every participant over 150 varies
Daytime Group Rentals - over 50 people
Price per participant 7.00$
Daytime Group Rentals - under 50 people
Flat rate per hour + lifeguard fee for pool rental 100.00$
Skate Rental
Skate Rental groups of 10 or larger with purchae of ice, room, or birthday package 4.00$
Skate Rental groups smaller than 10 people free
Recreation Pool Rental
Fee is per hour. Two hour minimum.
Pool Rental 125.00$
Birthday Parties
Premiere Package 2 hours, up to 15 participants 179.00$
Swim Party Package 2 hours, up to 20 participants 275.00$
Detailed information about birthday party packages can be found on the City's website here
COMMUNITY CENTER ADVERTISING FEES
Advertising
Ice resurfacer Per side per year / 5 year term ($2,500 for both sides)1,500.00$
Score board (Rink 1)Per year / 1 year term 2,500.00$
Score board (Rink 2 & 3)Per year / 1 year term 1,500.00$
On-Ice logo Per two 4' x4' logos per year / 1 year term 2,000.00$
Dasher board Annually / 1 year term 950.00$
Community Center Group Rates, Equip. Rental, and Advertising Fees & Charges
ITEM - ACTIVITY DESCRIPTION Fee
Type
COMMUNITY CENTER RENTALS
Ice Arena Rental - Rinks 1, 2, & 3
Prime/nonprime rates are at staff discretion based on timing of the year and ice availability.
School Year Ice Rates
Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Ice Rates)hourly + tax 250.00$
Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Event Ice Rates)hourly + tax 295.00$
Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Non Prime Time Ice Rates)hourly + tax 185.00$
Summer Ice Rates
Jun. 1 - Aug. 31 (Prime Time Ice Rates)hourly + tax 215.00$
Jun. 1 - Aug. 31 (Non Prime Time Ice Rates)hourly + tax 185.00$
Special Ice Rates - School District 272
Physical Education classes Per hour - 50% of non-prime time rate hourly 92.50$
Hockey Games Prime time event rate - personnel required to run games supplied by others.295.00$
Aquatics Center Lane Rental
per lane fee hourly + tax 13.06$
Special Pool Rates - Non Prime
Prime/nonprime rates are at staff discretion based on timing of the year and pool availability.
per lane fee hourly + tax 9.00$
Diving Boards
1 board Per board rental fee hourly + tax 39.25$
Additional Fees
Special Event Fee Per hour hourly + tax 40.00$
Non resident surcharge Daily flat rate plus tax 100.00$
Late Schedule Changes by user groups Flat Rate per occurrence plus tax 15.00$
Community Center Rental Fees & Charges
2024
ITEM - ACTIVITY DESCRIPTION Fee
Type Group 1 Group 2 Group 3
COMMUNITY CENTER RENTALS See Attach B for Group Definitions
Meeting Room Rentals
Two hour minimum. All meeting rooms include AV and white boards, wi fi and customized room set up included.
Request must be submitted to the Department Coordinator or Customer Service Representative a minimum of two weeks prior to
requested date. Times and dates must not conflict with an existing program or activity. City programs have priority.
Eden Prairie Athletic Associations receive one free meeting room use per month.
Cambria Room hourly + tax 65.00$ 75.00$ 90.00$
Lounge Room EP Athletic Associations receive one free meeting room use per month hourly + tax 35.00$ 45.00$ 60.00$
110 EP Athletic Associations receive one free meeting room use per month hourly + tax 50.00$ 60.00$ 75.00$
112 EP Athletic Associations receive one free meeting room use per month hourly + tax 40.00$ 55.00$ 70.00$
Meeting Room 201 EP Athletic Associations receive one free meeting room use per month hourly + tax 50.00$ 60.00$ 75.00$
Meeting Room 203 EP Athletic Associations receive one free meeting room use per month hourly + tax 20.00$ 25.00$ 40.00$
Meeting Room 202 EP Athletic Associations receive one free meeting room use per month hourly + tax 30.00$ 35.00$ 50.00$
Meeting Room 203 & 204 combined EP Athletic Associations receive one free meeting room use per month hourly + tax 35.00$ 45.00$ 70.00$
Meeting Room 204 EP Athletic Associations receive one free meeting room use per month hourly + tax 30.00$ 35.00$ 45.00$
Other Room Rentals
Gymnasium (1 court)hourly + tax 60.00$ 70.00$ 90.00$
Gymnasium (Full gym)hourly + tax 80.00$ 90.00$ 125.00$
Studio A Based on short term, non-private revenue generating group availability hourly + tax 45.00$ 45.00$ 45.00$
Studio B Based on short term, non-private revenue generating group availability hourly + tax 35.00$ 35.00$ 35.00$
Studio C Based on short term, non-private revenue generating group availability hourly + tax 40.00$ 40.00$ 40.00$
The Cage hourly + tax 45.00$ 45.00$ 45.00$
Dryland training room rental fee
Eden Prairie Youth Association/School District hourly + tax 25.00$ 25.00$ 25.00$
Non Eden Prairie Youth Association/School District hourly + tax 50.00$ 50.00$ 50.00$
Other Rentals
Fitness Instructors Per instructor, per hour hourly + tax 45.00$ 45.00$ 45.00$
Tours of Rental Park Facilities Per hour, 1 hour maximum hourly + tax 30.00$ 30.00$ 30.00$
Parking Permits
Community Center Full year rate - Community Center annual 350.00$ 350.00$ 350.00$
Community Center Pro Rate beginning December 1 - Community Center annual 175.00$ 175.00$ 175.00$
Community Center Pro Rate beginning March 1 - Community Center annual 87.50$ 87.50$ 87.50$
Round Lake Full year rate - Round Lake annual 225.00$ 225.00$ 225.00$
Round Lake Pro Rate beginning December 1 - Round Lake annual 125.00$ 125.00$ 125.00$
Round Lake Pro Rate beginning March 1 - Round Lake annual 75.00$ 75.00$ 75.00$
Community Center Rental Fees & Charges
2024
ITEM - ACTIVITY DESCRIPTION Fee
Type Group 1 Group 2 Group 3
SENIOR CENTER See Attach B for Group Definitions
Senior Center Rental
All meeting rooms include AV and white boards, WiFi, and customized room set up.
There is a 2 hour minimum on all room rentals.
Kitchen Approx. 15 people with use of appliances hourly + tax 20.00$ 25.00$ 30.00$
Community Rm/ Kitchen Two Rooms (no lounge) - hourly rental hourly + tax 52.00$ 57.00$ 62.00$
Community Rm/ Kitchen Two Rooms (no lounge) - full day rental (6-10 hours)plus tax 312.00$ 340.00$ 370.00$
Lounge Lounge only hourly + tax 30.00$ 35.00$ 42.00$
Room 200 Approx. 10-15 people hourly + tax 24.00$ 31.00$ 36.00$
Room 201 - hourly rental Approx. 55 people theater style, 35 to 40 table seating hourly + tax 45.00$ 50.00$ 58.00$
Room 201 - full day rental (6-10 hrs)Approx. 55 people theater style, 35 to 40 table seating plus tax 270.00$ 300.00$ 350.00$
Room 209 Approx. 10 to 15 hourly + tax 23.00$ 30.00$ 35.00$
Open Woodshop
Daily Access Per person, does not include instruction tax included 7.00$ same for all
Quarterly Access Per person, does not include instruction tax included 35.00$ same for all
Annual Access Per person, does not include instruction tax included 140.00$ same for all
ITEM - ACTIVITY DESCRIPTION Fee 2024
Type Group 1 Group 2 Group 3
PARK FACILITIES See Attach B for Group Definitions
Park Facilities Rental
Rates include one building supervisor
No private group of over 300 will be allowed to reserve facilities at any park (max. at Staring Park is 150)
Eden Prairie School District Programs charged only direct cost for all parks during the school day.
5k Race Fee One time fee plus tax 200.00$ same for all
Crestwood Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all
Homeward Hills Barn 1/2 Day - Maximum capacity varies plus tax 175.00$ same for all
Homeward Hills Barn Full Day - Maximum capacity varies plus tax 250.00$ same for all
Miller Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all
Edenvale Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all
Forest Hills Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all
Nesbitt Preserve Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all
Prairie View Park Building Full Day - Maximum capacity varies plus tax 110.00$ same for all
Purgatory Creek Park Lambert Pavilion 1/2 Day - Maximum capacity varies plus tax 165.00$ same for all
Purgatory Creek Park Lambert Pavilion Full Day - Maximum capacity varies plus tax 220.00$ same for all
Riley Lake Park Pavilion 1/2 Day - Maximum capacity varies plus tax 185.00$ same for all
Riley Lake Park Pavilion Full Day - Maximum capacity varies plus tax 255.00$ same for all
Riley-Jacques Barn Per hour - 4 hour minimum hourly + tax 95.00$ same for all
Riley-Jacques Barn Full Day - 10 hours or more plus tax 900.00$ same for all
Round Lake Park Building 1/2 Day - Maximum capacity varies plus tax 190.00$ same for all
Round Lake Park Building Full Day - Maximum capacity varies plus tax 260.00$ same for all
Round Lake Park Building Per hour - 2 hour minimum hourly + tax 60.00$ 65.00$ 65.00$
Round Lake Pavilion 1/2 Day - Maximum capacity varies plus tax 175.00$ same for all
Round Lake Pavilion Full Day - Maximum capacity varies plus tax 230.00$ same for all
Staring Lake Park Amphitheatre Per hour - 2 hour minimum hourly + tax 70.00$ same for all
Audio Technician Sound Tech & Sound Equipment - 2 hour minimum hourly + tax 45.00$ same for all
Staring Lake Park Building 1/2 Day - Maximum capacity varies plus tax 180.00$ same for all
Staring Lake Park Building Full Day - Maximum capacity varies plus tax 255.00$ same for all
Staring Lake Park Building Per hour - 2 hour minimum hourly + tax 60.00$ 65.00$ 65.00$
Staring Lake Pavilion Full Day - Add-On Only - Maximum Capacity Varies plus tax 115.00$ same for all
Warming Houses - 2 hour minimum Supervision required - 2 hour minimum - Dec 15 to Mar 1 hourly + tax 35.00$ same for all
Parks & Recreation Rental Fees & Charges
2024
ITEM - ACTIVITY DESCRIPTION 2024
OUTDOOR CENTER
Rental
Canoe rack spot storage Per rack spot, per season 50.00$
ORGANIZED ATHLETICS
NOTE: Tournament fees are dependent on the size/scope of the tournament and may be changed
at the City's discretion to ensure the health and safety of the public.
Ball Field Tournaments
Athletic Tournaments (all)Per day, per field 125.00$
Ballfield Light fee Per hour 15.00$
Field Maintenance Workers (2)Per hour 80.00$
Soccer field set-up Per field set-up to measure, line, stripe different dimensions 170.00$
Tournament Support Services
Additional Portable Toilet Per unit 50.00$
ADA Accessible Toilet Per unit 150.00$
Extra Cleaning of Portable Toilets Per unit -- Monday through Friday 20.00$
Extra Cleaning of Portable Toilets Per unit -- Saturday and Sunday 30.00$
Extra Cleaning of Indoor Restrooms Per hour (two hour minimum)20.00$
On Site Customer Service Staff Per staff member, per hour 15.00$
Adult League Play
Non youth sport teams Per game 50.00$
Clinics and Camps
Clinics and Camps Per day, per field 50.00$
Community Athletic Facility Use
Basketball, Tennis, Pickleball & Volleyball Per hour, per court 15.00$
Turf Fields and Ballfields Per hour, per field 20.00$
ART CENTER
Open Studio
Quarterly Access Per person, does not include instruction 60.00$
Clay Firing, Full Kiln Open studio member (not in a class)35.00$
Glass Firing, Large Middle Shelf Open studio member (not in a class)15.00$
Glass Firing, One Side Shelf (2 avail)Open studio member (not in a class)10.00$
Glass Firing, Full Kiln Open studio member (not in a class)35.00$
Birthday Party
Flat Rate Limit of 15 participants 179.00$
Initial Rate, Regular Projects Up to 10 participants, ages 5+179.00$
Detailed information about birthday party packages can be found on the City's website here
COMMUNITY GARDEN PLOTS
20 foot by 30 foot plot
Live/Work in Eden Prairie Senior Citizen discount $12.00 60.00$
20 foot by 40 foot plot
Live/Work in Eden Prairie Senior Citizen discount $16.00 80.00$
FORESTRY
Administrative fee - weed/tree ordinance violations
Weed ordinance violations 75.00$
Tree ordinance violations 1-5 trees 75.00$
6-10 trees 100.00$
11+ trees 150.00$
Flat charge for weed and tree violations is added to the current balance due to obtain the certified amount 75.00$
SNOW REMOVAL
Administrative fee - snow removal ordinance violation
Non compliance fee 100.00$
Flat charge is added to the current balance due to obtain the certified amount 75.00$
Parks and Recreation Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2024
PLEASANT HILLS CEMETERY
Ground Thawing: November 1 - April 1
Casket burial 100.00$
Cremation burial 100.00$
Internment
Burial fees are direct cost from contractor.
These could adjust mid-year due to contractor price increase.
Casket burial 650.00$
Weekend casket burial 800.00$
Cremation burial 375.00$
Lot
20% perpetual care, 80% maintenance
Resident 1,200.00$
Non-Resident 1,600.00$
Columbarium
Niche Row C, D, E
Resident 2,500.00$
Non-Resident 3,000.00$
Niche Row A, B
Resident 2,200.00$
Non-Resident 2,650.00$
Ossuary
Resident 700.00$
Non-Resident 900.00$
Internment
Weekday 250.00$
Weekend/Holiday 350.00$
Inscription
Per time 300.00$
EDEN PRAIRIE CEMETERY
Ground Thawing: November 1 - April 1
Casket burial 100.00$
Cremation burial 100.00$
Internment
Burial fees are direct cost from contractor.
These could adjust mid-year due to contractor price increase.
Casket burial 650.00$
Weekend casket burial 800.00$
Cremation burial 375.00$
South Lot
Resident 1,200.00$
Non-Resident 1,600.00$
North Lot
Resident 2,000.00$
Non-Resident 3,000.00$
Cemetery Fees & Charges
Community
Development
2024 Fees
ITEM - ACTIVITY DESCRIPTION 2024
ASSESSING
Data Base Copies
Basic set-up Fee Prepayment required (includes $100.00 for LOGIS)300.00$
Plus media charge Actual cost
Electronic copy Actual cost
Paper copy Per page 0.25$
Custom Reports
Basic set-up Fee Per hour minimum 40.00$
Electronic copy Actual cost
Paper copy Per page 0.25$
Assessing Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2024
Tax Increment Financing & Tax Abatement
Application Fees
New TIF or Tax Abatement Project 2,100.00$
Amended TIF or Tax Abatement 2,100.00$
Tax Increment Financing & Tax Abatement
Escrow Deposit
A deposit agreement is required for tax increment financing and tax
abatement applications and amendments. The amount of the initial deposit
is the sum of the estimated City Attorney and Public Finance consultant
costs.
Tax Increment Financing Fees & Charges
Public
Works
2024 Fees
ITEM - ACTIVITY DESCRIPTION 2024
ENGINEERING
Street Lighting Fee
For new subdivisions Charged at prevailing electric company rates. Collected for 36 months at time of final plat.
Maps and Printing
City maps/plat/half section, black and white-8 1/2 x 11 1.00$
City maps/plat/half section, color-8 1/2 x 11 2.00$
City maps/plat/half section, black and white-11x17 2.50$
City maps/plat/half section, color-11x17 5.00$
City maps/plat/half section, black and white-24 x 36 6.00$
City maps/plat/half section, color-24 x 36 12.00$
City maps/plat/half section, black and white-custom size 12.00$
City maps/plat/half section, color-custom size 24.00$
Aerial photo added to any map is an additional:2.00$
Cloud based transfer or flash drive 20.00$
Geographic Information System (GIS) Services
Custom mapping fee - per hour minimum 55.00$
Custom GIS analysis fee - per hour minimum 80.00$
Digital GIS Data Requests
Base map data - citywide data 170.00$
Right-of-Way Permits
Any right-of-way permit obtained subsequent to work done or obstructions placed in a public right-of-way will be two times the fee amount shown below
Mainline utility and telecommunication installations (per 100/L.F.)85.00$
Placement of utility and telecommunication in existing conduit or aerial (per 100/L.F.)20.00$
Mainline utility and telecommunication access per each 80.00$
Repair/Service or Other Excavation Turf area (per each)93.00$
Repair/Service or Other Excavation Pavement area (per each)200.00$
Obstruction Sidewalk/Trail/Roadway (Traffic control plan required) (per each)150.00$
Delay Fees per day for Arterial roadways 1,400.00$
per day for Collector roadways 630.00$
per day for residential and local roadways 125.00$
per day for restoration (pavement/turf) 70.00$
Permit extension fee 70.00$
Wetland Buffer/Conservation Easement Sign
Wetland Buffer/Conservation Easement Sign 30.00$
Street Signs
9 button delineator-red Includes post & install 180.00$
9 button delineator-red Includes breakaway post & install 205.00$
Future road extension advisory Includes 2 posts & install - 36" x 30"395.00$
Keep right symbol Includes 9 button delin-yellow, no post 210.00$
Keep right symbol Includes 9 button delin-yellow, install, post 260.00$
Keep right symbol Includes 9 button delin-yellow, install & breakaway post 290.00$
No outlet Includes post & install - 24" x 24"195.00$
No parking Includes post & install - Used for Turn-Around 215.00$
Stop sign Includes brackets, install, no post - 30" x 30"210.00$
Stop sign Includes brackets, install, with post - 30" x 30"280.00$
Street name sign Includes install with 12' post - 6" x 6"360.00$
Street name sign Includes install with 12' post - 6" x 9"390.00$
Street name sign Includes install with 12' post - 9" x 9"410.00$
Temporary street name sign Plus 15% surcharge for maintenance until permanent signs in place 240.00$
Bagging existing traffic sign(s) permit fee 75.00$
Temporary "No Parking" sign(s) permit fee 75.00$
Weight Restrictions
Truck overweight/oversize permit fee Per trip 85.00$
Other Licenses
Refuse & garbage collectors Annual - 1st Vehicle 185.00$
Refuse & garbage collectors Annual - Each additional vehicle 45.00$
Engineering Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2024
UTILITIES - USER CHARGES
RESIDENTIAL
Sanitary sewer
Sanitary sewer Per 1,000 gallons 3.99$
Water (Residential)
Per 1,000 gallons
Tier 1 0 to 20,000 gallons 2.62$
Tier 2 20,001 to 40,000 gallons 3.70$
Tier 3 40,001 to 60,000 gallons 5.08$
Tier 4 60,001 and above 6.79$
Water
All Other classes besides residential (apartments, etc)2.73$
Base Charges
Per dwelling unit 46.38$
If account only has water or sewer, the fee will be half of the base charge times the number of dwelling units
Storm Drainage
Single-family homes/Multi-family homes Each 19.22$
Apartments Per acre rates 191.05$
Parks / open space / golf course / rail road Per acre rates 26.55$
Undeveloped land Each 63.72$
COMMERCIAL
Sanitary sewer
Sanitary sewer Per 1,000 gallons 3.99$
Water
Includes commercial, institutions, etc.2.73$
Base charges
Per dwelling unit 18.40$
If account only has water or sewer, the fee will be half of the base charge times the number of dwelling units
Storm Drainage - Commercial
Industrial Per acre rates 63.72$
Commercial/office Per acre rates 81.41$
Institutions Per acre rates 72.23$
Airport/landfill Per acre rates 15.84$
Parks / open space / golf course / rail road Per acre rates 8.85$
Undeveloped land Each 21.24$
IRRIGATION
Irrigation only Meters Residential and Other Classes. Irrigation billed 6 months of the year.
Tier 1 0 to 13,000 gallons 3.69$
Tier 2 13,001-20,000 gallons 5.07$
Tier 3 20,001 and above 6.78$
UTILITIES - OTHER FEES
Other Charges
Unmetered residential sewer only Use charges fee per quarter per dwelling unit plus sewer base charge 70.80$
Administrative fee Flat charge is added to the current balance due to obtain the total certified amount 75.00$
Estimate read fee After 3 consecutive estimate reads and customer has not scheduled an appt. with the water
plant, a nonrefundable monthly fee will be added
55.00$
Manual meter read fee Quarterly fee for customers opting out of cellular meter 25.00$
Water flow test for residential meters When consumption is challenged by a customer & the meter is accurate 50.00$
Water Service Turn on/off Missed Appointment When customer fails to meet utilities at appointed time without rescheduling 50.00$
24 hours prior. After 3rd occurrence, fee doubles.
Water service turn on/off (business hours)90.00$
Water service turn on/off (after hours)Any after hours requests for emergency water shut offs 200.00$
Water service turn on/off (irrigation system)Any request for seasonal water turn on or turn off for irrigation systems only 45.00$
Fee is applied for each scheduled trip ($45 turn on, $45 turn off)
Water softening & filtering No fee - State license required -$
Water/Fill Station Per 1,000 gallons purchased at tanker fill station at 14100 Technology Drive 6.00$
Backflow prevention device inspection/repair permit Flat fee collected from certified backflow prevention inspectors and repair technicians working on
behalf of the property owner for administering the annual tracking and record keeping for each
device
25.00$
After initial turn on, any non-emergency on/off request by a prviate property owner, contractor,
commercial facility, government agency, or private property management service
Penalty for billed charges: 1% per month on account not paid within 30 days of billing.
Utilities Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2024
Utilities Fees & Charges
Fire Hydrant Use / Meter for Construction and Irrigation
Permit 60.00$
Fire hydrant damage deposit Applied to the final bill 350.00$
3" meter deposit Refundable 4,000.00$
3" meter monthly usage fee Fee charged upon day 30 and every 30 days thereafter from hydrant meter 100.00$
pickup date. Fee will be prorated weekly after 1st month.
All other meter deposits Refundable 1,500.00$
All other meter monthly usage fee Fee charged upon day 30 and every 30 days thereafter from hydrant meter 50.00$
pickup date. Fee will be prorated weekly after 1st month.
Unauthorized hydrant fee Charge for connecting a hydrant meter to an unauthorized hydrant 300.00$
Lawn Irrigation Restrictions
Surcharges for non-compliance with lawn irrigation restrictions and prohibitions
First occurrence 25.00$
Second occurrence 50.00$
Third occurrence 100.00$
Fourth occurrence 200.00$
Fifth & subsequent occurrences within a three year period 300.00$
Water Quality Retesting for Water System Construction
Flat fee per resample after failed initial water quality test (based on City's costs for flushing and lab work )55.00$
New Construction Mechanical Reinspections
Flat fee per reinspection 60.00$
System Access Charges - Utility Charges
For Metro sanitary sewer as established by the Metropolitan Waste Commission
System Access Charges - Utility Charges Sanitary Sewer
Residential Per Metro SAC 810.00$
Industrial, commercial, public, office Per Metro SAC 1,470.00$
System Access Charges - Utility Charges Water
Residential Per Metro SAC 3,570.00$
Industrial, commercial, public, office Per Metro SAC 4,670.00$
Water/Sewer Connection
Trunk sewer and water (per acre)sewer 60%, water 40% 9,630.00$
A connection fee per single unit is applicable if the property has not 24,544.00$
participated in the cost of the utilities by other methods.
Police
2024 Fees
ITEM - ACTIVITY DESCRIPTION 2024
POLICE FEES & CHARGES
Data Processing
Duplicating, digital media Includes video, audio, photos, etc As allowed
by MS 13.03
Dog
Impounding 1st offense of the year actual
Impounding 2nd offense of the year actual
Impounding 3rd offense of the year actual
Boarding Daily actual
Euthenasia actual
False Alarm Fee
Non-Required Systems
Registration Fee free
First 3 false alarms free
4th false alarm 100.00$
5th false alarm 200.00$
6th & up false alarm 300.00$
Late Fees
Late fees for unpaid bills 25.00$
Hunting & Trapping
Landowner free
Resident 5.00$
Non-resident 10.00$
Police Officer Supplemental Employment
Police Officer Supplemental Employment Per hour - Minimum charge is three hours 109.00$
Police Officer Supplemental Employment Per hour - Min charge is three hours (time worked on double-time holiday)147.00$
Reports
Reports under 100 pages Black & white, letter or legal sized copies free
Reports over 100 pages Per hour actual
Transcription, 911 Audio
Transcription 911 audio only As allowed
by MS 13.03
Vehicle Forfeiture Administrative Fee
Fees applicable unless deemed "Innocent Owner" by Eden Prairie Police, City/ County Attorney or Judge
Day 1-60 250.00$
Day 61-180 350.00$
Day 181-365 450.00$
Day 366-730 550.00$
Day 731-1095 650.00$
Ignition Interlock Bond/Bail Out Program Participants
One Year 450.00$
Two Year 550.00$
Three Year 650.00$
Police Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2024
BUSINESS LICENSES
Liquor - 3.2% Malt Liquor
On-sale Annual - If less than one year, amount will be prorated over remaining months.800.00$
Off-sale Annual - If less than one year, amount will be prorated over remaining months.175.00$
Investigation fee Initial application 500.00$
Liquor - Intoxicating Malt Liquors
Growlers (off-sale) Annual - If less than 1 year, amt will be prorated over remaining months.250.00$
Brewer Taproom (on-sale)Annual - If less than 1 year, amt will be prorated over remaining months.800.00$
Sunday Sales Annual - If less than 1 year, amt will be prorated over remaining months.200.00$
Liquor On-Sale
On-sale Annual - If less than 1 year, amt will be prorated over remaining months.8,750.00$
Brew Pub On-sale Annual - If less than 1 year, amt will be prorated over remaining months.8,750.00$
Cocktail Room On-sale Annual - If less than 1 year, amt will be prorated over remaining months.800.00$
Sunday Sales Annual - If less than 1 year, amt will be prorated over remaining months.200.00$
Investigation fee Initial application 500.00$
License Charge - new manager License change - new manager 50.00$
License change - other License change - other than management change 150.00$
Liquor Off-Sale
Microdistillery (Off-sale)Annual - If less than 1 year, amt will be prorated over remaining months.250.00$
Liquor On-Sale Fraternal Clubs
Liquor on-sale Annual - If less than one year, amount will be prorated over remaining months.100.00$
Investigation fee Initial application 500.00$
License Charge - new manager License change - new manager 50.00$
License Charge - other License change - other than management change 150.00$
Liquor On-Sale Non-Fraternal Clubs
Liquor on-sale Annual 4,250.00$
Investigation fee Initial application 500.00$
License Charge - new manager License change - new manager 50.00$
License Charge - other License change - other than management change 150.00$
Liquor On-Sale Wine
On-sale Annual - If less than one year, amount will be prorated over remaining months.2,000.00$
Investigation fee Initial application 500.00$
License Charge - new manager License change - new manager 50.00$
License Charge - other License change - other than management change 150.00$
Liquor Other
Temporary beer Requires application
Temporary wine Requires application
Sunday liquor Annual - If less than one year, amount will be prorated over remaining months.200.00$
Special events Per event 200.00$
Liquor Investigation Fee
An investigation fee not to exceed $500 shall be charged to an applicant by the City if investigation is conducted within the State,
or the actual cost not to exceed $10,000 without prior approval, if the investigation is required outside the State.
Massage
Massage - Therapeutic Enterprise Investigation Fee / Initial Application 250.00$
Massage - Therapeutic Enterprise Annual (if less than one year, amount will be prorated over rmg months)300.00$
Massage - Individual Therapist Investigation Fee / Initial Application 100.00$
Massage - Individual Therapist Government issued identification required 50.00$
Massage - Individual Therapist Replacement License Card Printing 10.00$
Pawn Shop/Precious Metal Dealer
Annual fee 10,000.00$
Investigation fee An investigation fee not to exceed $1,500 shall be charged by the City if the 1,500.00$
investigation is conducted in the State, or the actual cost not to exceed $10,000
without prior written approval if the investigation is required outside the State.
Peddlers
Peddler - ID card Annual - Government issued identification required 50.00$
Peddler - Replacement ID Card Replacement Card 10.00$
Business Licenses and Fees
ITEM - ACTIVITY DESCRIPTION 2024
Business Licenses and Fees
Dogs
Dog kennels (Commercial)Annual 85.00$
Dog kennels (Private)Annual - Required for 3-5 animals. Must also purchase individual dog licenses.35.00$
Dog license Biannual 20.00$
Dangerous dog license Annual 200.00$
Dangerous dog sign & collar tag Annual 25.00$
Dog - Replacement Tag Price per tag 1.00$
Tobacco
Tobacco License Fee Annual - If less than one year, amount will be prorated over remaining months.300.00$
Tobacco Investigation Fee 250.00$
Edible THC
Edible THC License Fee Annual - If less than one year, amount will be prorated over remaining months.300.00$
Edible THC Application/Investigation Fee 250.00$
Sexually Oriented Business
Sexually Oriented Business License Fee Annual - If less than one year, amount will be prorated over remaining months.1,000.00$
Sexually Oriented Business Investigation Fee 500.00$
Other
Bee Keeping One time registration fee 75.00$
Chicken Keeping One time registration fee 25.00$
Bingo (Gambling)Requires application
Raffle (Gambling)Requires application
Fire
2024 Fees
ITEM - ACTIVITY DESCRIPTION 2024
Fire Department Fees & Charges
Fees will be imposed on any response in which the victim is not an Eden Prairie taxpayer
Engine Company Per hour 350.00$
Ladder Company Per hour 400.00$
Boats Per hour 400.00$
Rescue Rig, Brush, ATV/UTV, LSU Per hour 275.00$
Utility/Command Per hour 125.00$
Specialized Personnel Chief Officer, Investigator Per hour - Regular time 90.00$
Specialized Personnel Chief Officer, Investigator Per hour - Overtime 125.00$
Tools/supplies used At cost at cost
Firefighter supplemental employment Per 3 hour block - Minimum charge of 3 hours 75.00$
False Fire Alarm
First false alarm free
2nd false alarm warning letter free
3rd false alarm 250.00$
4th false alarm 500.00$
5th false alarm 750.00$
6th and up false alarm 900.00$
Rental Licenses Fees
One to Four Plex -- annual fee for 1st unit of 1 to 4 plex - add'l units under same roof are $12.75 for each add'l unit 105.00$
Apartment Complex -- annual fee for the 1st unit in a complex + $12.75 for each add'l rental unit 105.00$
Late fee -- Any application received after March 1st of the licensing year is subject to a late fee of 25% of the license fee.25% of license fee
Late fee -- Any application received after April 1st of the licensing year is subject to a late fee of 50% of the license fee.50% of license fee
Late fee -- Any application received after May 1st of the licensing year is subject to a late fee of 100% of the license fee.100% of license fee
Radio Service
Reprogram and tune radios once a year per radio 30.00$
Labor rate an hour, billable on every half hour if additional help is needed 55.00$
Fire Department Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2024
BUILDING INSPECTIONS
Fire Alarm & Non-Water Suppression
$1 to $2,000 105.00$
$2,001 to $25,000 1st $2,000 plus $25.00 each add'l $1,000 or fraction thereof, to & including $25,000 105.00$
$25,001 to $50,000 1st $25,000 plus $18.25 each add'l $1,000 or fraction thereof, to & including $50,000 680.00$
$50,001 to $100,000 1st $50,000 plus $12.75 each add'l $1,000 or fraction thereof, to & including $100,000 1,136.25$
$100,001 to $500,000 1st $100,000 plus $10.25 each add'l $1,000 or fraction thereof, to & including $500,000 1,773.75$
$500,001 to $1,000,000 1st $500,000 plus $8.40 each add'l $1,000 or fraction thereof, to & including $1,000,000 5,873.25$
$1,000,001 & up 1st $1,000,000 plus $6.75 each add'l $1,000 or fraction thereof 10,073.25$
Plan checking 65% of the building permit fee if valuation is greater than $2,000 65%
Investigation fee Equal to the amount of permit fee (charges for work started w/o a permit)permit fee
Fire Prevention
Miscellaneous fees Per Minnesota State Fire Code (See Attachment A for description of item subject to fee)115.00$
Re-inspection fee 60.00$
Fire Prevention Permits
Burning permits Per site. Limit 2 days per week 145.00$
Fireworks - display Plus standby firefighters at present hourly rate.150.00$
Fireworks - sales Maximum rate set by the State - $100 non-exclusive, $350 exclusive
Flammable & combustible liquid tank removal -- Less than 1,000 gallons (fee is per tank)120.00$
Flammable & combustible liquid tank removal -- Greater than 1,000 gallons (fee is per tank)285.00$
Grease vapor removal system cleaning (fee is per cleaning)155.00$
LP gas, flammable & combustible liquid tank install (fee is per tank)315.00$
LP gas tank (temporary heat) > 100 gallons (fee is per tank)105.00$
Annual Fire Code Permit - Storage & Use Maximum of 3 per site 250.00$
* Late fee -- Any fire code permit application received after March 1st is subject to a late fee of 25% of the permit cost.25% of permit fee
* Late fee -- Any fire code permit application received after April 1st is subject to a late fee of 50% of the permit cost.50% of permit fee
* Late fee -- Any fire code permit application received after May 1st is subject to a late fee of 100% of the permit cost.100% of permit fee
Tents/canopy (Residential)Per tent 60.00$
Tents/canopy (Commercial)Per tent 105.00$
Investigation fee Equal to the amount of permit fee (charges for work started w/o a permit)permit fee
Fuel dispensing facilities (new, addition, or alteration) per dispenser 50.00$
Building Inspections Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2024
BUILDING INSPECTIONS
Building Inspections Fees & Charges
Fire Sprinkler Systems
$1 to $2,000 105.00$
$2,001 to $25,000 1st $2,000 plus $25.00 each add'l $1,000 or fraction thereof, to & including $25,000 105.00$
$25,001 to $50,000 1st $25,000 plus $18.25 each add'l $1,000 or fraction thereof, to & including $50,000 680.00$
$50,001 to $100,000 1st $50,000 plus $12.75 each add'l $1,000 or fraction thereof, to & including $100,000 1,136.25$
$100,001 to $500,000 1st $100,000 plus $10.25 each add'l $1,000 or fraction thereof, to & including $500,000 1,773.75$
$500,001 to $1,000,000 1st $500,000 plus $8.40 each add'l $1,000 or fraction thereof, to & including $1,000,000 5,873.25$
$1,000,001 & up 1st $1,000,000 plus $6.75 each add'l $1,000 or fraction thereof 10,073.25$
Plan Check Fee 65% of the fire-alarm/suppression permit fee if the job value is greater than $2,000 65%
Investigation Fee Equal to the amount of permit fee (charges for work started w/o a permit)permit fee
Mobile Food Preparation Vehicles (Food Trucks)
Annual permit is $25 Fire and life safety inspection required.25.00$
Heating & Ventilating - Job Valuation
0 to $1,000 40.00$
$1,001 to $10,000 1st $1,000 plus $2.70 for each add'l $100 or fraction thereof, to and including $10,000 40.00$
$10,001 to $50,000 1st $10,000 plus $22.40 for each add'l $1,000 or fraction thereof, to and incl. $50,000 285.50$
$50,001 and up 1st $50,000 plus $18.00 for each additional $1,000 or fraction thereof 1,181.50$
Heating & Ventilating - Other
Gas piping Each opening 30.00$
Reinspection Each 50.00$
Investigation fee Equal to the amount of permit fee (charges for work started w/o a permit)
Moving a Building
Moving a building $1,000 deposit from owner of the building or contractor plus a cash deposit or letter of credit for 75% of
the estimated cost, determined by the City, to bring the building moved up to current building code
250.00$
Moving a garage only $1,000 deposit from owner of the garage or contractor plus a cash deposit or letter of credit for 75% of the
estimated cost, determined by the City, to bring the garage moved up to current building code
50.00$
Plumbing - Job Valuation
$0 - $1,000 Minimum 40.00$
$1,001 - $10,000 1st $1,000 plus 2.85% for amount over $1,000 to & including $10,000 40.00$
$10,001 & up 1st $10,000 plus 2.40% for amount over $10,000 299.00$
For each openings on gas 30.00$
Municipal sewer per 100 feet 50.00$
Municipal water per 100 feet 50.00$
Storm sewer & sub soil drains per 100 feet 50.00$
Plumbing - Other Inspections & Fees
Reinspection fee Each 60.00$
Investigation fee Equal to the amount of permit fee (charges for work started w/o a permit)permit fee
Office
of the
City Manager
2024 Fees
ITEM - ACTIVITY DESCRIPTION 2024
CUSTOMER SERVICE
Copies
Copies - 1-100 pages Per page - single-sided, black and white, letter or legal size docs.0.25$
Copies - 101 or more pages Actual cost - see Data Practices Policy for details.
Administrative Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2024
FINANCE
Tax Exempt Financing Charge
Application fee Per transaction 2,000.00$
Annual Fee 1/8 of 1% on the unpaid principal balance at the beginning of each 12-month
period.
1/8 of 1%
Finance Fees & Charges
ITEM - ACTIVITY DESCRIPTION Frequency
FACILITIES EQUIPMENT RENTAL AND STAFF TIME
Audio-Visual Equipment (tax included)
Sound System and Screens daily rental each 55.00$
Podium, floor model 10.00$
Screen, projection (tripod stand) 6'x6'11.00$
Building Supervisor
Monday-Thurs, 5:00 p.m. - 10:00 p.m.hourly 40.00$
Weekends hourly 60.00$
Custodial
Time and a half will be charged on weekends hourly 45.00$
CITY CENTER MEETING ROOM RENTALS 2024
** Room rentals are tax exempt Group 1 Group 2 Group 3
** All rooms must be vacated by 10:00 p.m. The heritage room is an official emergency shelter for the City Center.
Reservations may be rescheduled or canceled in case of emergency. Reservation fees will be returned accordingly.See Attach B for Group Definitions
** Standard room set up is included in the fee. Additional set up charges will be incurred for round tables and special
room arrangements at a rate of $30/hr.
Atrium I Conference Room (2 hr. minimum rental)
Standard conference = seats 10; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 40.00$ 45.00$ 50.00$
Limited availability; City priority
Atrium II Conference Room (2 hr. minimum rental)
Standard conference = seats 6; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm) hourly 40.00$ 45.00$ 50.00$
Limited availability; City priority
Atrium III Conference Room (2 hr. minimum rental)
Standard conference = seats 10; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 40.00$ 45.00$ 50.00$
Limited availability; City priority
Council Chamber
Restricted use; Standard set-up; No food/beverages; hourly 80.00$ 90.00$ 105.00$
Facility and/or AV technician required w/extra charge ($40.00/hr after hours); AV tech required for broadcast events only.
Heritage Room (one quarter)(2 hr. minimum rental)
Limited set-up; Maximum capacity = 40 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 45.00$ 50.00$ 55.00$
Heritage Room (half)(2 hr. minimum rental)
Maximum capacity = 100 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 55.00$ 65.00$ 75.00$
Heritage Room (whole)(2 hr. minimum rental)
Maximum capacity = 200 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 75.00$ 85.00$ 120.00$
Prairie Room (2 hr. minimum rental)
Standard conference = seats 18; 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 40.00$ 45.00$ 50.00$
Limited availability; City priority
Garden Conference Room (2 hr. minimum rental)
Maximum capacity = 40. 4:30-10 pm; Mon-Fri; (Fri. closing is 5:00 pm)hourly 45.00$ 55.00$ 65.00$
GARDEN ROOM 2024
Garden Room Group 1 Group 2 Group 3
Room Rental, first four hours, minimum charge 340.00$ 440.00$ 540.00$
Room Rental, each additional hour, hour increments hourly 70.00$ 95.00$ 120.00$
Security per hour if alcohol is served hourly 109.00$ 109.00$ 109.00$
Sound System and Screens flat fee per event (tax included)100.00$ 100.00$ 100.00$
Facilities Equipment and Room Rental Fees & Charges
2024
Attachment A Permits from the Minnesota State Fire Code (MSFC) covered under the “miscellaneous” fee category on the fee resolution. Operational Permits Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight. Amusement buildings. An operational permit is required to operate a special amusement building. Aviation facilities. An operational permit is required to use a Group H or Group S occupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to, hot work, hazardous materials and flammable or combustible finishes. Carnivals and fairs. An operational permit is required to conduct a carnival or fair. Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy. Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, coal, cocoa, magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2. Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m3). Exception: A permit is not required for agricultural storage. Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.6.8. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. Covered mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid- or gas-fired equipment in the mall. 3. The use of open-flame or flame-producing equipment in the mall. Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10. Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. Cutting and Welding. An operational permit is required to conduct cutting or welding operations within the jurisdiction. Dry cleaning. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment. Exhibits and trade shows. An operational permit is required to operate exhibits and trade shows. Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosive, explosive material, fireworks, or pyrotechnic special effects within the scope of Chapter 56. Exception: Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale and in accordance with section 5606. Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids. Fruit and crop ripening. An operational permit is required to operate a fruit, or crop-ripening facility or conduct a fruit-ripening process using ethylene gas.
Fumigation and thermal insecticidal fogging. An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used. HPM facilities. An operational permit is required to store, handle or use hazardous production materials. High-piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46 m2). Hot work operations. An operational permit is required for hot work including, but not limited to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such as welding booths. 4. Hot work conducted within a wildfire risk area. 5. Application of roof coverings with the use of an open flame device. Industrial ovens. An operational permit is required for operation of industrial ovens regulated by Chapter 30. Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3). Liquid- or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings. Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium. Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material. Open flames and candles. An operational permit is required to remove paint with a torch; use a torch or open flame device in a hazardous fire area; or to use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments. Organic coatings. An operational permit is required for any organic-coating manufacturing operation producing more than 1 gallon (4 L) of an organic coating in one day. Places of assembly. An operational permit is required to operate a place of assembly. Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material. Pyroxylin plastics. An operational permit is required for storage or handling of more than 25 pounds (11kg) of cellulose nitrate (pyroxylin) plastics and for the assembly or manufacture of articles involving pyroxylin plastics. Refrigeration equipment. An operational permit is required to operate a mechanical refrigeration unit or system regulated by Chapter 6. Repair garages and motor fuel-dispensing facilities. An operational permit is required for operation of repair garages and automotive, marine and fleet motor fuel-dispensing facilities. Rooftop heliports. An operational permit is required for the operation of a rooftop heliport. Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 24. Storage of scrap tires and tire byproducts. An operational permit is required to establish, conduct or maintain storage of scrap tires and tire byproducts that exceeds 2,500 cubic feet (71m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire rebuilding plant.
Waste handling. An operational permit is required for the operation of wrecking yards, junk yards and waste material-handling facilities. Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6 m3). Construction Permits Compressed gases. When the compressed gases in use or storage exceed the amounts listed in Table 105.6.8, a construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a compressed gas system. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days prior to the termination of the storage, use or handling of compressed or liquefied gases. Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 2701.5.3. The 30-day period is not applicable when approved based on special circumstances requiring such waiver. Flammable and combustible liquids. A construction permit is required: 1. To repair or modify a pipeline for the transportation of flammable or combustible liquids. 2. To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. 3. To alter, abandon, place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank. Hazardous materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 50 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.20. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. Industrial ovens. A construction permit is required for installation of industrial ovens covered by Chapter 30. Exceptions: 1. Routine maintenance. 2. For repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work. LP-gas. A construction permit is required for installation of or modification to an LP-gas system. Spraying or dipping. A construction permit is required to install or modify a spray room, dip tank or booth.
Attachment B Fee Resolution Rental Rate Classifications Eden Prairie City Government: Any activity related to or benefitting the operations of Eden Prairie’s City Government including, but not limited to, City Council, Board and Commission meetings, City sponsored or hosted programs, events and public meetings. The Riley-Purgatory Creek Watershed District and the Eden Prairie School District programs located at City Center are included in this category for City Center rentals. No Charge. Group I - Eden Prairie Civic /Non-Profit Agencies: Includes Eden Prairie School District, Eden Prairie Youth Athletic Associations, PROP, SW Metro Transit, SW Suburban Cable, and Eden Prairie–based religious organizations. A civic, non-profit or resident group is considered as Eden Prairie-based if it has at least 75% of its membership roster residing in the City (as in the case of Eden Prairie Homeowner/Townhome Associations). Group II - Eden Prairie Residents and Businesses: Eden Prairie-based businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use. Group III - Non-Eden Prairie Residents/Businesses/Groups: Non-resident individuals, groups, commercial, and business organizations (including non-profit), as well as state & county-related committees, including Minnesota’s federal and state representatives and political groups (i.e., League of Women Voters, Town Hall meetings, political conventions, etc.). NOTE: Eden Prairie residents and businesses may NOT make reservations for non-Eden Prairie based residents and businesses under the Group II rate. City Rental Facilities Amphitheatre - located at Staring Lake Park City Center - meeting rooms, conference rooms, and the Council Chambers Community Center - ice arenas, meeting rooms, gymnasium, racquetball/Wallyball courts, and swimming pool Park Pavilions & Buildings - Round Lake Park Pavilion, Homeward Hills Park Barn, Round Lake Park Building, Staring Lake Park Building, Miller Park Building, Nesbitt Preserve Park Building, Riley Lake Pavilion, Riley-Jacques Barn, Purgatory Creek Park – Lambert Pavilion, Prairie View Park Building, Forest Hills Park Building, Edenvale Park Building and Crestwood Park Building Senior Center - community room, meeting rooms, and the wood shop (available with supervision according to wood shop regulations) Warming Houses – park buildings located throughout the City used during the winter at outdoor ice rinks
City of
Eden Prairie,
Minnesota
Fee Changes December
2023
2023-2024
Parks and
Recreation
2023-2024 Fee Changes
ITEM - ACTIVITY DESCRIPTION 2023 2024 % change
'23 to '24 Comments
COMMUNITY CENTER MEMBERSHIP
Daily Full Use Pass (includes open gym, open skate, open swim, group fitness, fitness, and racquetball)
Must be age 15 and up to use Fitness Center (12 - 14 with adult supervision)
Resident daily + tax 10.00$ 12.00$ 20%
Non Resident daily + tax 15.00$ new 2024
Membership Benefits
10% discount on upfront purchase of 12 month membership
Month to month automatic debit payment required unless a payment for 12 months is rendered in full at time of purchase.
Debits occur on 1st-3rd of every month.
1. Includes full use of fitness facility including a complimentary equipment orientation
2. Includes group fitness classes (except specialty fitness classes such as Yoga and Pilates)
3. Includes use of racquetball courts
4. Includes free open gym, skate and swim
Monthly Resident Membership Rates (Live or Work in Eden Prairie)
Youth (18 and under)Any child 18 years of age or younger.monthly + tax 35.40$ 38.94$ 10%
Adult (19 and over)Individual age 19 or older.monthly + tax 43.56$ 47.92$ 10%
Dual Any 2 adults or 1 adult/1 youth residing at same address monthly + tax 74.41$ 81.85$ 10%
Dual Plus One Any 2 adults plus 1 youth OR 1 adult and 2 youths residing at same address.monthly + tax 88.03$ 96.83$ 10%
Household Any 2 adults and up to 4 youth residing at same address.monthly + tax 99.83$ 109.81$ 10%
Senior (62 and older)Any individual 62 years of age or older.monthly + tax 36.30$ 39.93$ 10%
Senior Dual Any 1 senior and 1 additional member (55 or older) residing at same address.monthly + tax 58.99$ 64.89$ 10%
Monthly Non Resident Membership Rates
Youth (18 and under)Monthly rate plus applicable taxes monthly + tax 49.92$ 54.91$ 10%
Adult (19 and over)Monthly rate plus applicable taxes monthly + tax 50.82$ 55.90$ 10%
Dual Monthly rate plus applicable taxes monthly + tax 87.12$ 95.83$ 10%
Dual Plus One Monthly rate plus applicable taxes monthly + tax 102.55$ 112.81$ 10%
Household Monthly rate plus applicable taxes monthly + tax 118.89$ 130.78$ 10%
Senior (62 and older)Monthly rate plus applicable taxes monthly + tax 50.82$ 55.90$ 10%
Senior Dual Monthly rate plus applicable taxes monthly + tax 87.12$ 95.83$ 10%
Seasonal Short-term Membership Rates
Administrative Fee is waived.
One Month (Winter Break)30 consecutive days tax included 45.00$ 50.00$ 11%
Three Months (Summer)3 consecutive months tax included 142.00$ 126.00$ -11%
Four Months (Summer)4 consecutive months tax included 189.00$ 168.00$ -11%
Membership Administrative Fee
Membership Admin. Fee Fee to administer a new membership tax included 20.00$ 30.00$ 50%
Community Center Membership Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2023 2024 % change
'23 to '24
COMMUNITY CENTER OPEN ACTIVITIES
Tot Time / Play Structure Combo
Non Members 6.50$ 7.00$ 8%
Open Skate, Open Gym, Open Swim and Lap Swim
Resident and Non Resident - fee is for the use of open skate and open gym
Youth 2 years of age to 18 years of age 6.50$ 7.00$ 8%
Adult 19 years of age or older 7.00$ 9.00$ 29%
Family rate Max 5 people living at same address 20.00$ 25.00$ 25%
COMMUNITY CENTER PLAY CARE & PLAY STRUCTURE
Play Structure
2 years of age - 15 years of age Per child, per visit 5.50$ 7.00$ 27%
Play Structure - Non-prime Time
Half price Monday-Sunday after 1 p.m.
2 years of age - 15 years of age Per child, per visit 2.75$ 3.50$ 27%
Community Center Open Activities and PlayCare Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2023 2024 % change
'23 to '24
COMMUNITY CENTER EQUIPMENT RENTAL
Ice Skate Rental
Skates free to Eden Prairie non-profit service organization groups
Ice Skates Per pair 3.50$ 4.00$ 14%
COMMUNITY CENTER - GROUP RENTALS, RATES, & POLICIES
Daytime Group Rentals - under 50 people
Flat rate per hour + lifeguard fee for pool rental $95.00 100.00$ 5%
Skate Rental
Skate Rental groups of 10 or larger with purchae of ice, room, or birthday package 3.50$ 4.00$ 14%
Recreation Pool Rental
Fee is per hour. Two hour minimum.
Pool Rental 115.00$ 125.00$ 9%
Birthday Parties
Premiere Package 2 hours, up to 15 participants 169.00$ 179.00$ 6%
Swim Party Package 2 hours, up to 20 participants 250.00$ 275.00$ 10%
Detailed information about birthday party packages can be found on the City's website here
COMMUNITY CENTER ADVERTISING FEES
Advertising
On-Ice logo Per two 4' x4' logos per year / 1 year term 1,500.00$ 2,000.00$ 33%
Community Center Group Rates, Equip. Rental, and Advertising Fees & Charges
ITEM - ACTIVITY DESCRIPTION Fee
Type Comments
COMMUNITY CENTER RENTALS
Ice Arena Rental - Rinks 1, 2, & 3
Prime/nonprime rates are at staff discretion based on timing of the year and ice availability.
School Year Ice Rates
Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Ice Rates)hourly + tax 245.00$ 250.00$ 2%
Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Prime Time Event Ice Rates)hourly + tax 290.00$ 295.00$ 2%
Jan. 1 - May 31 & Sept. 1 - Dec. 31 (Non Prime Time Ice Rates)hourly + tax 180.00$ 185.00$ 3%
Summer Ice Rates
Jun. 1 - Aug. 31 (Non Prime Time Ice Rates)hourly + tax 180.00$ 185.00$ 3%
Special Ice Rates - School District 272
Physical Education classes Per hour - 50% of non-prime time rate hourly 90.00$ 92.50$ 3%
Hockey Games Prime time event rate - personnel required to run games supplied by others.290.00$ 295.00$ 2%
Special Pool Rates - Non Prime
Prime/nonprime rates are at staff discretion based on timing of the year and pool availability.
per lane fee hourly + tax 13.06$ 9.00$ -31%changed to per lane fee for 2024
Additional Fees
Special event fee non resident surcharge Daily flat rate plus tax 100.00$ new for 2024
Community Center Rental Fees & Charges
2023 % change
'23 to '242024
ITEM - ACTIVITY DESCRIPTION Fee
Type Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3
COMMUNITY CENTER RENTALS See Attach B for Group Definitions See Attach B for Group Definitions
Meeting Room Rentals
Two hour minimum. All meeting rooms include AV and white boards, wi fi and customized room set up included.
Request must be submitted to the Department Coordinator or Customer Service Representative two weeks prior to
requested date. Times and dates must not conflict with an existing program or activity. City programs have priority.
Eden Prairie Athletic Associations receive one free meeting room use per month.
112 EP Athletic Associations receive one free meeting room use per month hourly + tax 35.00$ 50.00$ 65.00$ 40.00$ 55.00$ 70.00$ 14%10%8%
Other Room Rentals
Studio C Based on short term, non-private revenue generating group availability hourly + tax 45.00$ 45.00$ 45.00$ 40.00$ 40.00$ 40.00$ -11%-11%-11%
Community Center Rental Fees & Charges
2024 % Change '23-'242023
ITEM - ACTIVITY DESCRIPTION Fee
Type Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3
PARK FACILITIES See Attach B for Group Definitions See Attach B for Group Definitions
Park Facilities Rental
Rates include one building supervisor
No private group of over 300 will be allowed to reserve facilities at any park (max. at Staring Park is 150)
Eden Prairie School District Programs charged only direct cost for all parks during the school day.
Riley Lake Park Pavilion 1/2 Day - Maximum capacity varies plus tax 175.00$ same for all 185.00$ same for all 6%
Riley-Jacques Barn Per hour - 4 hour minimum hourly + tax 90.00$ same for all 95.00$ same for all 6%
Riley-Jacques Barn Full Day - 10 hours or more plus tax 850.00$ same for all 900.00$ same for all 6%
Round Lake Park Building 1/2 Day - Maximum capacity varies plus tax 175.00$ same for all 190.00$ same for all 9%
Round Lake Park Building Full Day - Maximum capacity varies plus tax 250.00$ same for all 260.00$ same for all 4%
Round Lake Pavilion 1/2 Day - Maximum capacity varies plus tax 170.00$ same for all 175.00$ same for all 3%
Round Lake Pavilion Full Day - Maximum capacity varies plus tax 215.00$ same for all 230.00$ same for all 7%
Staring Lake Park Building 1/2 Day - Maximum capacity varies plus tax 175.00$ same for all 180.00$ same for all 3%
Staring Lake Park Building Full Day - Maximum capacity varies plus tax 250.00$ same for all 255.00$ same for all 2%
Staring Lake Pavilion Full Day - Add-On Only - Maximum Capacity Varies plus tax 110.00$ same for all 115.00$ same for all 5%
Parks & Recreation Rental Fees & Charges
2023 2024 % Change '23-'24
ITEM - ACTIVITY DESCRIPTION 2023 2024 % change
'23 to '24
ART CENTER
Open Studio
Quarterly Access Per person, does not include instruction 50.00$ 60.00$ 20%
Birthday Party
Flat Rate Limit of 15 participants 175.00$ 179.00$ 2%
Initial Rate, Regular Projects Up to 10 participants, ages 5+175.00$ 179.00$ 2%
Detailed information about birthday party packages can be found on the City's website here
FORESTRY
Administrative fee - weed/tree ordinance violations
Flat charge for weed and tree violations is added to the current balance due to obtain the certified amount 70.00$ 75.00$ 7%
SNOW REMOVAL
Administrative fee - snow removal ordinance violation
Flat charge is added to the current balance due to obtain the certified amount 70.00$ 75.00$ 7%
Parks and Recreation Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2023 2024 % change
'23 to '24 Comments
PLEASANT HILLS CEMETERY
Ground Thawing: November 1 - April 1
Casket burial 75.00$ 100.00$ 33%
Cremation burial 75.00$ 100.00$ 33%
Internment
Burial fees are direct cost from contractor.
These could adjust mid-year due to contractor price increase.
Weekend casket burial 800.00$ new for 2024
EDEN PRAIRIE CEMETERY
Ground Thawing: November 1 - April 1
Casket burial 75.00$ 100.00$ 33%
Cremation burial 75.00$ 100.00$ 33%
Internment
Burial fees are direct cost from contractor.
These could adjust mid-year due to contractor price increase.
Weekend casket burial 800.00$ new for 2024
Cemetery Fees & Charges
Public
Works
2023-2024 Fee Changes
ITEM - ACTIVITY DESCRIPTION 2023 2024 % change
'23 to '24
ENGINEERING
Geographic Information System (GIS) Services
Custom mapping fee - per hour minimum 50.00$ 55.00$ 10%
Right-of-Way Permits
Any right-of-way permit obtained subsequent to work done or obstructions placed in a public right-of-way will be two times the fee amount shown below
Mainline utility and telecommunication installations (per 100/L.F.)80.00$ 85.00$ 6%
Placement of utility and telecommunication in existing conduit or aerial (per 100/L.F.)19.00$ 20.00$ 5%
Repair/Service or Other Excavation Turf area (per each)90.00$ 93.00$ 3%
Repair/Service or Other Excavation Pavement area (per each)180.00$ 200.00$ 11%
per day for Collector roadways 600.00$ 630.00$ 5%
per day for residential and local roadways 120.00$ 125.00$ 4%
per day for restoration (pavement/turf) 65.00$ 70.00$ 8%
Permit extension fee 65.00$ 70.00$ 8%
Other Licenses
Refuse & garbage collectors Annual - 1st Vehicle 180.00$ 185.00$ 3%
Engineering Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2023 2024 % change
'23 to '24
UTILITIES - USER CHARGES
RESIDENTIAL
Sanitary sewer
Sanitary sewer Per 1,000 gallons 3.87$ 3.99$ 3%
Water (Residential)
Per 1,000 gallons
Tier 1 0 to 20,000 gallons 2.55$ 2.62$ 3%
Tier 2 20,001 to 40,000 gallons 3.58$ 3.70$ 3%
Tier 3 40,001 to 60,000 gallons 4.92$ 5.08$ 3%
Tier 4 60,001 and above 6.58$ 6.79$ 3%
Water
All Other classes besides residential (apartments, etc)2.65$ 2.73$ 3%
Base Charges
Per dwelling unit 44.98$ 46.38$ 3%
If account only has water or sewer, the fee will be half of the base charge times the number of dwelling units
Storm Drainage
Single-family homes/Multi-family homes Each 18.67$ 19.22$ 3%
Apartments Per acre rates 185.50$ 191.05$ 3%
Parks / open space / golf course / rail road Per acre rates 25.75$ 26.55$ 3%
Undeveloped land Each 61.85$ 63.72$ 3%
COMMERCIAL
Sanitary sewer
Sanitary sewer Per 1,000 gallons 3.87$ 3.99$ 3%
Water
Includes commercial, institutions, etc.2.65$ 2.73$ 3%
Base charges
Per dwelling unit 17.88$ 18.40$ 3%
If account only has water or sewer, the fee will be half of the base charge times the number of dwelling units
Storm Drainage - Commercial
Industrial Per acre rates 61.85$ 63.72$ 3%
Commercial/office Per acre rates 79.04$ 81.41$ 3%
Institutions Per acre rates 70.13$ 72.23$ 3%
Airport/landfill Per acre rates 15.38$ 15.84$ 3%
Parks / open space / golf course / rail road Per acre rates 8.59$ 8.85$ 3%
Undeveloped land Each 20.63$ 21.24$ 3%
IRRIGATION
Irrigation only Meters Residential and Other Classes. Irrigation billed 6 months of the year.
Tier 1 0 to 13,000 gallons 3.58$ 3.69$ 3%
Tier 2 13,001-20,000 gallons 4.92$ 5.07$ 3%
Tier 3 20,001 and above 6.58$ 6.78$ 3%
UTILITIES - OTHER FEES
Other Charges
Unmetered residential sewer only Use charges fee per quarter per dwelling unit plus sewer base charge 68.75$ 70.80$ 3%
Administrative fee Flat charge is added to the current balance due to obtain the total certified amount 70.00$ 75.00$ 7%
Penalty for billed charges: 1% per month on account not paid within 30 days of billing.
Utilities Fees & Charges
ITEM - ACTIVITY DESCRIPTION 2023 2024 % change
'23 to '24
Utilities Fees & Charges
Fire Hydrant Use / Meter for Construction and Irrigation
3" meter deposit Refundable 3,900.00$ 4,000.00$ 3%
All other meter monthly usage fee Fee charged upon day 30 and every 30 days thereafter from hydrant meter 48.00$ 50.00$ 4%
pickup date. Fee will be prorated weekly after 1st month.
Lawn Irrigation Restrictions
Surcharges for non-compliance with lawn irrigation restrictions and prohibitions
System Access Charges - Utility Charges Sanitary Sewer
Residential Per Metro SAC 790.00$ 810.00$ 3%
Industrial, commercial, public, office Per Metro SAC 1,430.00$ 1,470.00$ 3%
System Access Charges - Utility Charges Water
Residential Per Metro SAC 3,470.00$ 3,570.00$ 3%
Industrial, commercial, public, office Per Metro SAC 4,530.00$ 4,670.00$ 3%
Water/Sewer Connection
Trunk sewer and water (per acre)sewer 60%, water 40% 9,526.00$ 9,630.00$ 1%
A connection fee per single unit is applicable if the property has not 24,227.00$ 24,544.00$ 1%
participated in the cost of the utilities by other methods.
Police
2023-2024 Fee Changes
ITEM - ACTIVITY DESCRIPTION 2023 2024 % change
'23 to '24
POLICE FEES & CHARGES
Data Processing
Duplicating, digital media Includes video, audio, photos, etc 5.00$ As allowed
by MS 13.03
Police Officer Supplemental Employment
Police Officer Supplemental Employment Per hour - Minimum charge is three hours 106.00$ 109.00$ 3%
Police Officer Supplemental Employment Per hour - Min charge is three hours (time worked on double-time holiday)143.00$ 147.00$ 3%
Transcription, 911 Audio
Transcription 911 audio only 27.00$ As allowed
by MS 13.03
Police Fees & Charges
Fire
2023-2024 Fee Changes
ITEM - ACTIVITY DESCRIPTION 2023 2024 % change
'23 to '24
Rental Licenses Fees
One to Four Plex -- annual fee for 1st unit of 1 to 4 plex - add'l units under same roof are $12.75 for each add'l unit 100.00$ 105.00$ 5%
Apartment Complex -- annual fee for the 1st unit in a complex + $12.75 for each add'l rental unit 100.00$ 105.00$ 5%
Fire Department Fees & Charges
Office
of the
City Manager
2023-2024 Fee Changes
ITEM - ACTIVITY Frequency
FACILITIES EQUIPMENT RENTAL AND STAFF TIME
Building Supervisor
Monday-Thurs, 5:00 p.m. - 10:00 p.m.hourly 34.00$ 40.00$ 18%
Weekends hourly 50.00$ 60.00$ 20%
GARDEN ROOM 2023 2024 % change
'23 to '24
Garden Room Group 1 Group 2 Group 3 Group 1 Group 2 Group 3 Group 1 Group 2 Group 3
Security per hour if alcohol is served hourly 106.00$ 106.00$ 106.00$ 109.00$ 109.00$ 109.00$ 3%3%3%
Facilities Equipment and Room Rental Fees & Charges
2023 2024 % change '23 to '24
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
Dec. 5, 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 304721 - 305174
Wire Transfers 1034767 - 1034932 Wire Transfers 9977 - 10023
City of Eden Prairie
Council Check Summary
12/5/2023
Division Amount Division Amount
000 General 0 601 Prairie Village Liquor 182,944
100 City Manager 52,277 602 Den Road Liquor 313,572
101 Legislative 5,203 603 Prairie View Liquor 191,229
102 Legal Counsel 39,289 605 Den Road Building 7,119
110 City Clerk 620 701 Water Enterprise Fund 398,451
111 Customer Service 2,365 702 Wastewater Enterprise Fund 394,895
112 Human Resources 20 703 Stormwater Enterprise Fund 223,880
113 Communications 6,564 Total Enterprise Fund 1,712,090
114 Benefits & Training 2,833
131 Finance 420 802 494 Commuter Services 52,489
132 Housing and Community Services 4,959 806 SAC Agency Fund 17,395
133 Planning 16 807 Benefits Fund 1,217,554
136 Public Safety Communications 14,313 809 Investment Fund 7,054
137 Economic Development 0 810 Workers Comp Insurance 429,234
150 Park Administration 13 812 Fleet Internal Service 244,945
151 Park Maintenance 40,663 813 IT Internal Service 149,511
154 Community Center 18,301 815 Facilites Operating ISF 102,209
156 Youth Programs 2,890 816 Facilites City Center ISF 72,303
157 Special Events 40 817 Facilites Comm. Center ISF 70,542
158 Senior Center 779 818 Dental Insurance 11,777
159 Recreation Administration 7,587 820 Fencing Consortium 1,645
162 Arts 3,426 Total Internal Svc/Agency Funds 2,376,659
163 Outdoor Center 657
180 Police Sworn 30,721 Report Total 5,381,166
184 Fire 29,123
186 Inspections 848
200 Engineering 806
201 Street Maintenance 19,276
202 Street Lighting 3,926
Total General Fund 287,933
301 CDBG 90,946
303 Cemetary Operation 1,305
312 Recycle Rebate 6,146
Total Special Revenue Fund 98,398
308 E-911 3,250
315 Economic Development 123,716
502 Park Development 587,945
509 CIP Fund 99,460
512 CIP Trails 30,000
513 CIP Pavement Management 17,557
522 Improvement Projects 2006 2,474
526 Transportation Fund 18,622
528 Shady Oak Rd-CR 61 North 4,368
539 2020 Improvement Projects 6,916
540 Duck Lake Rd. Reconstruction 1,820
541 DELL RD (CRESTWOOD TO CSAH 118
542 Willow Creek Street/Utilities 1,474
804 100 Year History 8,367
Total Capital Projects Fund 906,087
City of Eden PrairieCouncil Check Register by GL
12/5/2023
Check #Amount Supplier / Explanation Account Description Business Unit Comments304854515,621 PARKOS CONSTRUCTION COMPANY Building Repair & Maint.Park Acquisition & Development Round Lake Park Bldg Project
304837 429,234 LEAGUE MN CITIES INS TRUST WC Workers Comp Insurance Workers Comp Insurance Workers Comp Premiums
304846 371,569 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee Dec 2023
9979 306,072 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 11.03.23
10001 301,595 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 11.17.23
9999 222,458 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 11.03.23
9977 217,876 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 10.20.23
9997 149,801 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund Sales Tax Oct 2023
304795 116,920 BKJ LAND COMPANY Improvement Contracts Stormwater Capital Old Shady Oak Drainage
1034932 114,068 XCEL ENERGY Electric Various Funds Multi-premise electric
305093 109,916 CEDAR RIDGE LANDSCAPING Design & Engineering Economic Development Fund Landscaping Town Center Place
1034798 95,701 LOGIS Improvement Contracts IT Operating
1034868 82,860 ODESA II LLC Other Contracted Services Park Acquisition & Development
304876 80,000 WEST HENNEPIN AFFORDABLE HOUSING LAND TR Other Contracted Services CDBG - Public Service
305027 57,184 METROPOLITAN FORD Autos Fleet - Police
305028 56,210 WOLF MOTOR CO INC Autos Fleet - Park & Rec
304797 53,883 BOLTON & MENK INC Design & Engineering Water Capital
304848 50,995 MINGER CONSTRUCTION INC Improvement Contracts Stormwater Capital
305127 49,439 HYDROCORP Improvement Contracts Water Capital
1034924 46,210 SRF CONSULTING GROUP INC Design & Engineering Stormwater Non-Capital
1034917 42,839 LOGIS LOGIS IT Operating
1034908 40,345 DEERE & COMPANY Machinery & Equipment Fleet - Public Works
1034914 39,289 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Council
1034921 37,777 MTI DISTRIBUTING INC Machinery & Equipment Fleet Operating
305104 37,354 DMJ ASPHALT INC Other Contracted Services Capital Maint. & Reinvestment
304977 33,364 HAMPTON INN EDEN PRAIRIE Deposits General Fund
9981 33,091 EMPOWER Deferred Compensation Health and Benefits
10003 33,040 EMPOWER Deferred Compensation Health and Benefits
1034922 32,045 PEARSON BROTHERS INC Sweeping Stormwater Non-Capital
304807 30,000 CPIG II SOUTHWEST TECH LLC Right of Way & Easement CIP Trails
304754 28,285 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1034793 26,450 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds
1034906 25,915 CENTERPOINT ENERGY Gas Various Funds
305133 25,692 LAKE COUNTRY DOOR LLC Equipment Repair & Maint Capital Maint. & Reinvestment
305126 24,484 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
9984 22,921 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Stores
304746 22,562 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
1034796 22,141 HAWKINS INC Treatment Chemicals Water Treatment
305060 20,815 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
304774 20,539 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
304730 19,942 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
304974 19,619 GRAYMONT Treatment Chemicals Water Treatment
1034873 19,487 XCEL ENERGY Electric Various Funds
305053 18,949 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
305003 18,940 NOW MICRO INC Computers IT Operating
9980 18,432 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
305113 17,550 EXTERIOR CONTRACTING INC Capital Under $25,000 Park Shelters
10002 17,511 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
304995 17,221 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments30511916,342 GRI EDEN PRAIRIE, LLC Building Rental Prairie Village Liquor Store
305150 16,187 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store
10022 15,180 WEX HSA - Employee Health and Benefits
305039 14,537 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
305075 14,135 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1034859 13,920 HAWKINS INC Treatment Chemicals Water Treatment
304781 13,875 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall (City Cost)
304916 13,701 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
9994 13,361 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
10023 13,360 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
305168 13,033 US DIGITAL DESIGNS Equipment Repair & Maint Public Safety Communications
304869 12,253 TOTAL MECHANICAL SERVICES Contract Svcs - HVAC City Center - CAM
304818 11,889 FIRE SAFETY USA INC Operating Supplies Fleet Operating
304760 11,824 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1034778 11,113 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management
304906 10,910 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
304792 10,882 BADGER METER Telephone Water Metering
305066 10,633 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
305000 10,258 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
305021 10,234 VALLEY RICH CO INC Equipment Repair & Maint Water Distribution
305112 10,183 EXCEL LAWN & LANDSCAPE Contract Svcs - Lawn Maint.Various Funds
305138 10,144 MACQUEEN EQUIPMENT INC Clothing & Uniforms Fire
305173 10,127 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
9983 10,121 CARD CONNECT Bank and Service Charges Community Center Admin
304874 10,031 VERIZON WIRELESS Other Contracted Services IT Operating
304870 10,000 TWO TEACHERS CONSTRUCTION Other Contracted Services Rehab
9998 9,967 U.S. BANK - I-494 PURCH. CARD Various Accounts 494 Corridor Commission
304779 9,840 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1034894 9,595 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Park Maintenance
305125 9,580 HIGHVIEW PLUMBING INC Capital Under $25,000 Senior Center
304834 9,500 LANDMARK REMODELING LLC Accounts Receivable TIF-Eden Shores Senior Housing
304924 9,117 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1034802 8,942 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC General Community Center
304769 8,917 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
304970 8,640 EXCEL LAWN & LANDSCAPE Contract Svcs - Lawn Maint.Various Funds
1034903 8,455 WSB & ASSOCIATES INC Other Contracted Services DELL RD (CRESTWOOD TO CSAH 61)
304737 8,400 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
304747 8,189 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
304931 8,181 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
304991 7,952 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
305054 7,862 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
305047 7,558 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
304845 7,242 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
304939 7,070 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
305055 7,066 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
1034866 6,870 MITY-LITE INC Building Materials Park Acquisition & Development
305065 6,838 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
305118 6,770 GRAYMONT Treatment Chemicals Water Treatment
1034804 6,630 MITY-LITE INC Capital Under $25,000 FF&E - Furn, Fixtures & Equip.
304822 6,533 GRAYMONT Treatment Chemicals Water Treatment
1034915 6,524 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
304862 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
1034931 6,395 WALL TRENDS INC Contract Svcs - General Bldg Various Funds
Check #Amount Supplier / Explanation Account Description Business Unit Comments3051706,295 WAYNES HOME SERVICES Window Washing Various Funds
304722 6,172 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
304984 6,131 JSW EMBROIDERY & TACKLE TWILL Clothing & Uniforms Street Maintenance
304799 5,841 CATALYST GRAPHICS INC Printing Recycle Rebate
1034812 5,839 XCEL ENERGY Electric Various Funds
304832 5,749 JSW EMBROIDERY & TACKLE TWILL Deposits Utility Operations - General
1034813 5,700 ZIEGLER INC Other Rentals Fleet Operating
305031 5,477 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
305006 5,299 PFM ASSET MANAGEMENT LLC Interest Investment Fund
304907 5,260 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
304908 5,236 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
305092 5,168 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Fire Station #1
304842 5,106 MACQUEEN EQUIPMENT INC Small Tools Fleet Operating
304858 5,086 POSTMASTER Postage Community Brochure
304947 5,077 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1034872 5,003 WALL TRENDS INC Contract Svcs - General Bldg Various Funds
304873 5,000 VERITONE INC Other Contracted Services Police Sworn
305124 5,000 HERITAGE TOWNHOME ASSOCIATION INC Rebates Water Conservation
305026 4,960 WM CORPORATE SERVICES INC Waste Disposal Fire Station #3
305080 4,952 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
304770 4,949 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
1034831 4,928 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 2006
304758 4,905 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
304748 4,854 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
305019 4,770 THYMES TWO INC Contract Svcs - Lawn Maint.Den Bldg. - CAM
305162 4,743 SSI KEF SLB LLC Electric City Center - CAM
304952 4,739 M-R SIGN CO INC Signs Traffic Signs
304890 4,698 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
1034927 4,655 TWIN CITY HARDWARE Contract Svcs - General Bldg Maintenance Facility
1034835 4,573 CUSTOM HOSE TECH Equipment Parts Snow & Ice Control
304990 4,546 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits
305172 4,502 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits
305131 4,500 IRON MALTESE ATHLETICS Health & Fitness Fire
304978 4,468 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission
1034853 4,464 BIFFS INC Other Contracted Services Park Maintenance
304988 4,388 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
304897 4,384 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
304875 4,345 WAYNES HOME SERVICES Window Washing Various Funds
9987 4,319 HEALTHPARTNERS Dental Insurance Dental Insurance
304884 4,215 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
304976 4,057 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
305071 4,015 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
304933 3,988 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
304986 3,950 LANDMARK REMODELING LLC Accounts Receivable TIF-Eden Shores Senior Housing
304872 3,910 VAN PAPER COMPANY Cleaning Supplies General Community Center
305072 3,909 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
305160 3,900 SEBCO INC Capital Under $25,000 Arts Center
304814 3,875 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service
304958 3,855 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Fire Station #1
10016 3,801 HEALTHPARTNERS Dental Insurance Dental Insurance
1034794 3,770 GMH ASPHALT CORPORATION Fire Hydrant Permits Water Enterprise Fund
304850 3,712 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various Funds
10006 3,657 HEALTHPARTNERS Dental Insurance Dental Insurance
Check #Amount Supplier / Explanation Account Description Business Unit Comments3049833,655 INFRARED CONSULTING SERVICES INC Contract Svcs - Electrical City Center - CAM
1034858 3,623 GRAINGER Cleaning Supplies Senior Center
304913 3,600 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
305079 3,591 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1034865 3,563 METRO SALES INCORPORATED*Equipment Rentals IT Operating
305045 3,501 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
305169 3,476 VAN PAPER COMPANY Janitor Service General Community Center
1034807 3,466 STREICHERS Clothing & Uniforms Volunteers
10012 3,451 BPAS Other Deductions Health and Benefits
304723 3,426 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
10021 3,413 WEX FSA - Medical Health and Benefits
305155 3,375 RECREATION SUPPLY CO Capital Under $25,000 Pool Operations
304829 3,360 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
305161 3,333 SSI KEF SLB LLC Electric Water Treatment
304966 3,250 DICK BUSS & ASSOCIATES LLC Equipment Repair & Maint E-911 Program
1034791 3,214 CDW GOVERNMENT INC.Computers IT Operating
9988 3,173 INVOICE CLOUD INC Bank and Service Charges Wastewater Accounting
304847 3,060 MHSRC/RANGE Tuition Reimbursement/School Police Sworn
304997 3,060 MHSRC/RANGE Tuition Reimbursement/School Police Sworn
304796 3,025 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn
304921 2,993 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
305171 2,961 XIGENT SOLUTIONS LLC Hardware - R&M IT Capital
1034905 2,953 CDW GOVERNMENT INC.Hardware - R&M IT Operating
305029 2,941 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
304721 2,910 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
304989 2,890 LEGACY GYMNASTICS Instructor Service Recreational Sports
304904 2,880 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
305070 2,872 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
304756 2,695 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1034822 2,659 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
1034836 2,658 FLEETPRIDE INC Equipment Parts Fleet Operating
304783 2,654 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Street Maintenance
304724 2,636 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
304889 2,604 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
304821 2,572 GOODPOINT TECHNOLOGY INC Other Contracted Services Park Maintenance
304835 2,550 LAVAN FLOOR COVERING Contract Svcs - General Bldg Senior Center
304920 2,476 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
305063 2,471 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
305020 2,470 USA INFLATABLES Other Contracted Services Fall Harvest
1034810 2,450 WALL TRENDS INC Contract Svcs - General Bldg Park Shelters
305050 2,449 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
1034862 2,426 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating
305073 2,418 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
1034871 2,400 STREICHERS Clothing & Uniforms Police Sworn
304969 2,381 EDINA, CITY OF Other Contracted Services Fire
304733 2,377 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
304975 2,349 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
305032 2,320 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
10011 2,292 WEX FSA - Medical Health and Benefits
304957 2,288 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
304742 2,286 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
304752 2,246 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
304771 2,240 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments3051392,226 MARS SUPPLY Cleaning Supplies Fleet Operating
1034792 2,218 CENTERPOINT ENERGY Gas Various Funds
304867 2,177 THE ADVENT GROUP Temp 494 Corridor Commission
304798 2,173 BRYAN ROCK PRODUCTS INC Gravel Water Distribution
304936 2,159 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
304852 2,133 NAC Contract Svcs - Plumbing City Center - CAM
305033 2,119 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
304777 2,118 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
305007 2,090 PLAISTED COMPANIES INC Landscape Materials/Supp Park Maintenance
305043 2,069 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
305002 2,050 NAC Contract Svcs - Plumbing Senior Center
305116 1,967 FIRENET SYSTEMS INC Building Repair & Maint.Utility Operations - General
305005 1,936 PERA Wages and Benefits 494 Corridor Commission
304790 1,935 ARVIG Fiber Lease Payments IT Operating
304894 1,931 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
305024 1,929 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital
305018 1,907 THE ADVENT GROUP Temp 494 Corridor Commission
305166 1,907 THE ADVENT GROUP Temp 494 Corridor Commission
305130 1,855 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
304895 1,851 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
1034885 1,834 CASE, RON Travel Expense City Council
304871 1,755 US BANK Interest Investment Fund
1034825 1,726 VINOCOPIA Liquor Product Received Den Road Liquor Store
304817 1,710 EVOCHARGE INC Other Contracted Services Capital Maint. & Reinvestment
1034780 1,689 FLEETPRIDE INC Equipment Parts Fleet Operating
304882 1,687 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
304782 1,650 ADS ON BOARDS Contract Svcs - Ice Rink Ice Arena Maintenance
1034788 1,650 BIFFS INC Waste Disposal Round Lake
1034888 1,635 FASTENAL COMPANY Operating Supplies Fleet Operating
304973 1,632 GIRARD'S BUSINESS SOLUTIONS INC Equipment Repair & Maint Customer Service
304944 1,626 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
305016 1,623 SYSCO WESTERN MINNESOTA Other Rentals Concessions
9982 1,618 AMERICAN EXPRESS Bank and Service Charges Wastewater Accounting
1034801 1,613 METRO SALES INCORPORATED*Printing/Copying 494 Corridor Commission
305174 1,606 TOWMASTER INC Equipment Parts Fleet Operating
304823 1,583 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services
1034829 1,559 VINOCOPIA Liquor Product Received Prairie View Liquor Store
304812 1,530 EARL F ANDERSEN INC Signs Traffic Signs
304929 1,524 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1034893 1,524 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM
304810 1,467 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
304932 1,464 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
305143 1,460 MINNEAPOLIS GLASS COMPANY Other Contracted Services Den Road Building
304945 1,443 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
304955 1,430 ARX PERIMETERS Conference/Training Fencing Consortium
1034879 1,405 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
305074 1,392 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
305151 1,375 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
1034907 1,366 DAIKIN APPLIED Contract Svcs - HVAC City Hall (City Cost)
304971 1,359 FORMS & SYSTEMS OF MINNESOTA Printing Police Sworn
305034 1,355 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1034870 1,343 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Repair & Maint. Supplies Park Maintenance
304728 1,333 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments3049631,322 CORE & MAIN Repair & Maint. Supplies Water Distribution
305008 1,313 PUMP AND METER SERVICE Machinery & Equipment Fleet Operating
305086 1,307 AIRGAS USA LLC Supplies - Pool Fire
305163 1,297 SSI KEF SLB LLC Electric Maintenance Facility
304909 1,290 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
304840 1,275 LINDSTROM RESTORATION Other Contracted Services Den Road Building
9991 1,270 WEX FSA - Dependent Care Health and Benefits
10007 1,258 WEX HSA - Employer Health and Benefits
304765 1,251 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
305140 1,250 MARTIN-MCALLISTER Employment Support Test Organizational Services
1034913 1,248 GRAINGER Repair & Maint. Supplies City Hall (City Cost)
305137 1,205 LUBE-TECH ESI Lubricants & Additives Fleet Operating
304838 1,180 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn
304994 1,167 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering
305009 1,150 RIVERS EDGE CONCRETE Building Repair & Maint.Utility Operations - General
305091 1,143 BECKER ARENA PRODUCTS INC Repair & Maint - Ice Rink Ice Arena Maintenance
1034854 1,142 CDW GOVERNMENT INC.Computers Housing and Human Svcs
1034768 1,139 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
304877 1,120 WIESE USA Equipment Testing/Cert.Fleet Operating
304761 1,118 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store
304776 1,118 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
305121 1,116 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
1034808 1,110 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance
305056 1,086 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
1034826 1,086 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1034782 1,062 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM
304885 1,055 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
304843 1,042 MARCO INC Hardware - R&M IT Operating
305165 1,041 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
1034918 1,036 MATHESON TRI-GAS INC Repair & Maint. Supplies Fleet Operating
1034895 1,035 NARAYANAN PG Travel Expense City Council
305142 1,020 MHSRC/RANGE Tuition Reimbursement/School Police Sworn
304824 1,009 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
304815 1,005 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
1034867 1,000 NOVOTX LLC Conference/Training Utility Operations - General
1034860 988 JANEX INC Janitor Service General Community Center
305068 978 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1034772 976 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1034800 970 METRO ELEVATOR INC Contract Svcs - Elevator Utility Operations - General
1034890 967 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
305077 965 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1034920 951 METRO ELEVATOR INC Contract Svcs - Elevator City Center - CAM
304999 946 MINNESOTA EXTERIORS COMMERCIAL Other Contracted Services Rehab
305058 932 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
304749 921 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
305117 884 GILBARCO INC Software Fleet Operating
1034799 878 MENARDS Equipment Parts Park Maintenance
304934 873 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
304912 864 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store
304836 864 LAWSON PRODUCTS INC Operating Supplies Fleet Operating
304741 844 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
305122 835 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications
304839 833 LEXISNEXIS RISK SOLUTIONS FL INC Other Contracted Services Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments1034875828BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
304901 828 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
9978 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
10000 825 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
304772 820 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
304863 808 RIVERS EDGE CONCRETE Equipment Repair & Maint Water Treatment
305015 800 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection
305097 798 CINTAS CORPORATION Safety Supplies Community Center Admin
304788 795 APPLE FORD SHAKOPEE Equipment Repair & Maint Fleet Operating
305025 775 WAYNES HOME SERVICES Contract Svcs - General Bldg Dunn Brothers
305132 772 I-STATE TRUCK CENTER Equipment Parts Fleet Operating
304886 767 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
304891 766 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
304828 756 HYDRO-VAC INC Equipment Repair & Maint Stormwater Collection
304786 750 ANDERSON RENEE Cemetery Lot Maint. 20%Eden Prairie Cemetery
304844 750 MEALS ON WHEELS Other Contracted Services Housing and Community Service
304918 746 MEGA BEER Liquor Product Received Den Road Liquor Store
304727 745 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
304926 718 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
304856 715 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
1034925 711 STREICHERS Clothing & Uniforms Police Sworn
305064 703 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
304773 700 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
1034889 688 FREIBERG MARK Travel Expense City Council
304892 679 MEGA BEER Liquor Product Received Prairie Village Liquor Store
305152 672 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission
1034877 670 VINOCOPIA Liquor Product Received Den Road Liquor Store
1034878 658 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
9996 658 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
1034795 658 GRAINGER Repair & Maint. Supplies Fire Station #4
305129 650 INFINITE HEALTH COLLABORATIVE Other Contracted Services Police Sworn
304859 650 PRAIRIE LAWN AND GARDEN Small Tools Park Maintenance
1034830 648 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
304878 642 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility
1034771 639 VINOCOPIA Liquor Product Received Den Road Liquor Store
304726 630 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
1034864 629 MENARDS Supplies - General Bldg Preserve Park
1034899 627 R & R SPECIALTIES OF WISCONSIN INC Repair & Maint - Ice Rink Ice Arena Maintenance
1034834 624 CLAREY'S SAFETY EQUIPMENT Safety Supplies Fleet Operating
1034769 623 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
304775 620 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
304919 613 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
1034883 612 BERRY COFFEE COMPANY Merchandise for Resale Concessions
1034909 605 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions
304813 604 EDEN PRAIRIE COMMUNITY EDUCATION Instructor Service Senior Center Programs
9993 594 WEX FSA - Medical Health and Benefits
1034861 594 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment
1034776 587 VINOCOPIA Liquor Product Received Prairie View Liquor Store
304938 583 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
305158 579 RIVERS EDGE CONCRETE Asphalt Overlay Water Distribution
305041 570 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
1034904 570 XTREME INTEGRATION Hardware - Cabling IT Operating
304784 567 AIRGAS USA LLC Supplies - Pool Pool Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments1034787564ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
304735 558 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
10017 557 WEX FSA - Medical Health and Benefits
305037 553 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
9995 549 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting
305089 545 ASPEN MILLS Postage Fire
304759 540 SMALL LOT MN Liquor Product Received Den Road Liquor Store
1034828 528 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
304757 517 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
1034897 517 OLSEN CHAIN & CABLE Clothing & Uniforms Utility Operations - General
305114 511 FERGUSON WATERWORKS Repair & Maint. Supplies Wastewater Lift Station
305102 500 DATA PRACTICES OFFICE Tuition Reimbursement/School Police Sworn
304981 498 HLS OUTDOOR Chemicals Park Maintenance
304887 498 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
1034849 484 ROTO-ROOTER Contract Svcs - Plumbing Police (City Cost)
304883 482 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
304905 482 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
304930 482 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
1034846 479 OUTDOOR ENVIRONMENTS INC Other Contracted Services Pleasant Hill Cemetery
304953 472 AIRGAS USA LLC Supplies - Pool Pool Maintenance
1034892 469 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM
1034823 460 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1034857 458 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating
1034777 455 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
305085 455 ACE SUPPLY COMPANY INC Supplies - HVAC General Community Center
304750 453 DOMACE VINO Liquor Product Received Den Road Liquor Store
304731 451 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
305069 450 WINEBOW Liquor Product Received Den Road Liquor Store
305012 445 STANTEC CONSULTING SERVICES INC Other Contracted Services Stormwater Non-Capital
304800 442 CENTURYLINK Internet IT Operating
1034887 437 CUSTOM HOSE TECH Equipment Parts Street Maintenance
305051 436 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
1034832 436 BOUNDLESS NETWORK Miscellaneous Engineering
10019 431 WEX FSA - Medical Health and Benefits
305067 431 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
305109 428 EDINA CHAMBER OF COMMERCE Chamber of Commerce 494 Corridor Commission
1034842 427 MINNESOTA NATIVE LANDSCAPES Miscellaneous Stormwater Non-Capital
304738 425 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
304825 425 HENNEPIN COUNTY FIRE CHIEF ASSOC Training Fire
1034856 420 EPA AUDIO VISUAL INC Other Contracted Services IT Operating
305035 417 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
304950 407 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
304763 399 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
304923 398 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
305149 398 OXYGEN SERVICE COMPANY Operating Supplies Fire
1034797 395 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells)
305141 394 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital
1034811 391 WM MUELLER AND SONS INC Landscape Materials/Supp Park Maintenance
304879 389 WATERS CYNTHIA AR Utility Water Enterprise Fund
305105 389 EDEN PRAIRIE CENTER LLC Building Rental Police
305134 388 LAWSON PRODUCTS INC Operating Supplies Fleet Operating
304778 380 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
1034805 378 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC City Hall (City Cost)
Check #Amount Supplier / Explanation Account Description Business Unit Comments304816375ESTRINE, ROBERT Other Contracted Services Community Band
1034916 373 JANEX INC Cleaning Supplies City Hall (City Cost)
305078 369 PEQUOD DISTRIBUTION Liquor Product Received Prairie View Liquor Store
304896 361 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1034923 358 PREMIUM WATERS INC Operating Supplies - Water Fire
305030 356 BARREL THEORY BEER COMPANY Liquor Product Received Prairie Village Liquor Store
305110 350 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Eden Shores Senior Housing
1034919 347 MENARDS Cleaning Supplies Historical Buildings
304725 344 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
304789 343 ARAMARK Janitor Service Prairie View Liquor Store
304734 342 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
305154 340 PROP - PR Charitable Contributions Health and Benefits
305049 338 WINEBOW Liquor Product Received Prairie Village Liquor Store
304942 333 MEGA BEER Liquor Product Received Prairie View Liquor Store
1034855 328 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
305011 325 ST CROIX LINEN LLC Operating Supplies-Linens Fire
305022 325 VAN PAPER COMPANY Cleaning Supplies General Community Center
305146 325 MN COMMERCIAL ASSOCIATION OF REAL ESTATE Dues & Subscriptions General Fund
304900 320 VENN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
305076 320 LUCE LINE BREWING CO LLC Liquor Product Received Prairie View Liquor Store
304736 320 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
305062 312 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
304940 306 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
305145 305 MN AWARDS & PROMOTIONS Operating Supplies Recycle Rebate
305111 305 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
304899 302 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
304910 301 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
1034928 301 TWIN CITY SEED CO Repair & Maint. Supplies Stormwater Collection
304811 300 DRAG N FLY WIRELESS INC Software Maintenance IT Operating
304993 300 MATTS AUTO SERVICE INC Training Fire
1034911 299 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
1034814 297 CASE, RON Travel Expense City Council
1034815 297 FREIBERG MARK Travel Expense City Council
1034816 297 GETSCHOW, RICK Travel Expense City Council
1034818 297 NARAYANAN PG Travel Expense City Council
1034820 297 TOOMEY LISA Travel Expense City Council
1034803 296 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
1034786 295 SITEONE LANDSCAPE SUPPLY, LLC Operating Supplies Park Maintenance
304739 295 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
304943 294 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
304860 293 PROPIO LS LLC Other Contracted Services Police Sworn
304780 292 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
1034910 292 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
304766 290 BARREL THEORY BEER COMPANY Liquor Product Received Prairie View Liquor Store
304946 290 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
304985 290 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Fire Station #3
305164 289 STAPLES ADVANTAGE Office Supplies Customer Service
305044 287 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
304959 287 CHAPUT HEATHER Travel Expense Police Sworn
1034900 286 SCHULZE, CARTER Mileage & Parking Engineering
305082 281 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store
304794 280 BIG STATE INDUSTRIAL SUPPLY INC Repair & Maint. Supplies Wasterwater Collection
305147 279 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments1034841276METROPOLITAN FORD Equipment Parts Fleet Operating
304732 275 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
305144 275 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Operating
305048 270 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
305135 270 LEIFELD FRAMING Operating Supplies Police Sworn
1034770 269 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
304827 268 HOME DEPOT CREDIT SERVICES Supplies - Electrical City Hall (City Cost)
1034874 265 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
304902 257 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
305103 256 DELTA DENTAL Wages and Benefits 494 Corridor Commission
10013 255 US BANK - PAYMODE Bank and Service Charges Finance
305017 251 TECH SALES CO Repair & Maint. Supplies Water Treatment
304954 249 ARAMARK Janitor Service Den Road Liquor Store
304967 245 DIRECTV Cable TV Community Center Admin
305090 245 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating
305083 241 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
304893 240 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
304803 237 CLARK RICK Mileage & Parking Facilities Staff
10009 237 WEX FSA - Medical Health and Benefits
304927 236 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
304861 235 REGENTS OF THE UNIVERSITY OF MINNESOTA Other Contracted Services Tree Disease
304903 235 56 BREWING LLC Liquor Product Received Den Road Liquor Store
304987 235 LANO EQUIPMENT INC Equipment Parts Fleet Operating
305052 232 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Den Road Liquor Store
305023 232 VERNON, TED Mileage & Parking Facilities Staff
304831 232 J H LARSON COMPANY Supplies - Electrical Maintenance Facility
305167 231 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
304928 230 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
10015 230 VANCO SERVICES Bank and Service Charges Wastewater Accounting
304922 227 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
304753 225 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
305038 225 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1034881 224 VINOCOPIA Liquor Product Received Prairie View Liquor Store
304965 222 DEM CON LANDFILL LLC Waste Disposal Park Maintenance
304745 216 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
304767 216 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
304841 215 LRS PORTABLES OF MINNESOTA Conference/Training Fencing Consortium
1034882 212 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1034852 210 ZEP SALES AND SERVICE Repair & Maint. Supplies Utility Operations - General
305040 207 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
304915 206 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
10014 206 OPTUM HEALTH Other Contracted Services Health and Benefits
304755 205 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store
304949 204 VENN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
305013 202 STAPLES ADVANTAGE Office Supplies Customer Service
304744 201 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
304833 200 KEANE KATIE MAE Operating Supplies Fall Harvest
305061 198 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
1034847 197 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
304851 195 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
305088 195 ARAMARK Janitor Service Prairie View Liquor Store
305156 190 REGENTS OF THE UNIVERSITY OF MINNESOTA Other Contracted Services Outdoor Center
304805 190 COMCAST Internet IT Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments1034781188HOANG PHU Travel Expense Utility Operations - General
1034898 188 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
304764 185 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
304866 183 STAPLES ADVANTAGE Office Supplies Customer Service
305042 182 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
305004 180 PAPCO INC Janitor Service General Community Center
305084 176 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1034824 176 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
304951 170 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1034843 170 MPX GROUP, THE Printing Police Sworn
304925 167 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
305081 165 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
1034863 165 LOGIS Software Maintenance IT Operating
305099 165 COMCAST Cable TV Fire
1034838 163 LEONARD, MICHELLE Outreach Mileage/Parking 494 Corridor Commission
305153 163 PRINT SOURCE MINNESOTA Printing Fitness Admin.
304868 162 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
304751 160 ELM CREEK BREWING COMPANY Liquor Product Received Den Road Liquor Store
304911 159 DOMACE VINO Liquor Product Received Den Road Liquor Store
1034869 157 OSI BATTERIES INC Office Supplies Police Sworn
305087 156 AMERICAN PRESSURE INC Operating Supplies Park Maintenance
1034775 155 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1034884 152 CARLSTON, BRANDON Canine Supplies Police Sworn
1034784 150 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
304743 150 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
1034930 150 USA SECURITY Maintenance Contracts Water Treatment
304791 150 ASPEN MILLS Clothing & Uniforms Fire
304762 142 VIP WINE & SPIRITS LTD Liquor Product Received Den Road Liquor Store
9986 140 BPAS HRA Health and Benefits
1034880 139 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
304935 135 DOMACE VINO Liquor Product Received Prairie View Liquor Store
305059 135 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
304956 134 ASPEN MILLS Clothing & Uniforms Fire
304996 134 MHSRC/DDP Other Contracted Services Senior Center Programs
1034876 134 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
304793 133 BCA - MNJIS Employment Support Test Fire
304948 132 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
1034839 127 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission
305036 126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store
305057 126 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
304979 125 HEIDGEN SHAWN Tuition Reimbursement/School Fitness Classes
304888 123 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
304960 120 CINTAS CORPORATION #470 Operating Supplies Park Maintenance
1034774 120 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store
1034817 120 LOWERY, THOMAS Travel Expense Police Sworn
1034819 120 STREIFF, CHAD Travel Expense Police Sworn
305098 119 COMCAST Cable TV Fire
304881 117 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
1034901 116 STAVE NOAH Clothing & Uniforms Police Sworn
304982 116 HOANG ALISA Tuition Reimbursement/School Fitness Classes
304768 116 BLUE CLOUD DISTRIBUTION OF MINNESOTA INC Liquor Product Received Prairie View Liquor Store
304740 115 VIP WINE & SPIRITS LTD Liquor Product Received Prairie Village Liquor Store
304992 115 MARWAH AMRUTA Awards Housing and Community Service
Check #Amount Supplier / Explanation Account Description Business Unit Comments1034837114KUFFEL, RYAN Travel Expense Police Sworn
304857 113 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn
305120 113 GYM WORKS Equipment Repair & Maint Police Sworn
304917 109 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
1034891 107 GROVES, TODD Travel Expense Police Sworn
1034806 106 STERICYCLE INC Other Contracted Services Police Sworn
305136 106 LOBB, SHARON P&R Refunds Community Center Admin
305046 105 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store
304898 105 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
304787 104 APCO INTERNATIONAL Dues & Subscriptions General Fund
304961 103 COMCAST Cable TV Fire
304865 102 SCHUG, DIANA P&R Refunds Community Center Admin
304980 100 HENNEPIN COUNTY FIRE CHIEF ASSOC Dues & Sub-Memberships Fire
1034827 99 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
304849 96 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
304785 94 ANDERSON LAKES ANIMAL HOSPITAL Other Contracted Services Police Sworn
304937 93 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
9989 91 WEX FSA - Medical Health and Benefits
304914 88 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
10020 87 WEX FSA - Medical Health and Benefits
304968 86 DURKEE, DAVID Operating Supplies Theatre Initiative
305115 84 FIERCE JEN Operating Supplies Sustainable Eden Prairie
304826 83 HOFFER, CLETIS AR Utility Water Enterprise Fund
1034773 83 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
304880 80 HENNEPIN COUNTY WARRANT OFFICE Deposits General Fund
1034821 79 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
10004 76 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
304853 76 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
304864 75 SCHMIT RON Operating Supplies Outdoor Center
305159 75 SAFETY SIGNS Operating Supplies Fall Harvest
304941 73 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
305014 72 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating
10005 71 MONEY MOVERS INC Other Contracted Services Community Center Admin
305095 70 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits
10010 67 WEX FSA - Medical Health and Benefits
304819 65 FLYNN, KERRY Operating Supplies Outdoor Center
304962 63 COMCAST Cable TV Fire
304809 60 DEPARTMENT OF PUBLIC SAFETY Prepaid Expenses Prairie View Liquor Store
305157 60 RICHFIELD PRINTING INC Office Supplies Customer Service
1034783 60 MPX GROUP, THE Printing Police Sworn
1034779 57 CARLSTON, BRANDON Canine Supplies Police Sworn
304808 57 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn
10008 57 WEX FSA - Medical Health and Benefits
304729 55 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1034790 52 CAWLEY COMPANY, THE Clothing & Uniforms Communications
305100 51 COMCAST Internet IT Operating
305096 50 CHINTA, DEEPAK Clothing & Uniforms Volunteers
1034833 44 CARLSON, THOR Clothing & Uniforms Police Sworn
1034912 43 FACTORY MOTOR PARTS COMPANY Equipment Parts Fleet Operating
1034809 42 UPS Postage Utility Operations - General
304830 41 I-STATE TRUCK CENTER Repair & Maint. Supplies Utility Operations - General
1034785 41 ROCKEY, JOSH Mileage & Parking Senior Center Admin
305128 39 IEDITWEB INC Licenses, Taxes, Fees Garden Room Repairs
Check #Amount Supplier / Explanation Account Description Business Unit Comments103484833RAHIMI, RENEE Tuition Reimbursement/School Fitness Classes
304964 32 CROSS ROB Operating Supplies Fire
1034767 31 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
9992 30 WEX FSA - Medical Health and Benefits
304804 30 COLLINS TIFFANY Refunds Historical Culture
1034845 29 OLSEN CHAIN & CABLE Equipment Parts Park Maintenance
304998 29 MICHURSKI STEVE AR Utility Water Enterprise Fund
1034902 25 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
304972 25 FRICKE HUNTER Clothing & Uniforms Police Sworn
304802 25 CHURCH ALEX Operating Supplies Theatre Initiative
304820 24 GLOBAL EQUIPMENT COMPANY Repair & Maint. Supplies Park Maintenance
1034789 24 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
1034844 24 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
1034850 21 SPOK, INC.Cell/Pager Plans IT Operating
304801 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission
304855 20 PERKINSON KRISTINA Operating Supplies Outdoor Center
1034929 20 UPS Postage Human Resources
305107 19 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
305108 19 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
305010 18 SHRED RIGHT Waste Disposal General Community Center
305123 17 HENNEPIN COUNTY TREASURER Equipment Repair & Maint Public Safety Communications
305106 16 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
305148 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
1034896 16 NOVAK-KREBS BETH Travel Expense Heritage Preservation
1034840 16 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
10018 15 WEX FSA - Medical Health and Benefits
305001 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods
305101 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission
1034851 10 VERLEY, VALERIE Deposits General Fund
9990 8 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
304806 4 COMCAST Other Contracted Services Police Sworn
305094 3 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF
1034886 3 CONCRETE CUTTING AND CORING Equipment Repair & Maint Park Maintenance
9985 0 WEX FSA - Medical Health and Benefits
5,381,166 Grand Total