HomeMy WebLinkAboutCity Council - 01/21/2025Agenda
Eden Prairie City Council Workshop
5:30 p.m. Tuesday, Jan. 21, 2025
City Center Heritage Rooms, Council Chambers
8080 Mitchell Road
Eden Prairie, MN 55344
ATTENDEES
City Council Members: 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, Police Chief Matt
Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Potter
MEETING AGENDA
Heritage Rooms
I. Sustainability Commission Work Plan 5:30 to 6 p.m.
II. Human Rights and Diversity Commission Work Plan 6 to 6:30 p.m.
Council Chambers
III. Open Podium
IV. Adjournment
Agenda
Eden Prairie City Council Meeting
7 p.m. Tuesday, Jan. 21, 2025
City Center Council Chambers
8080 Mitchell Road
Eden Prairie, MN 55344
ATTENDEES
City Council Members: 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
MEETING AGENDA
I. Call the Meeting to Order
II. Pledge of Allegiance
III. Open Podium Invitation
IV. Proclamations and Presentations
A. Martin Luther King, Jr. Day Proclamation
V. Approval of Agenda and Other Items of Business
VI. Minutes
A. City Council Workshop held Tuesday, January 7, 2025
B. City Council Meeting held Tuesday, January 7, 2025
VII. Consent Calendar
A. Clerk’s List
B. Code Amendment – Chapter 9 fences. Approve second reading of Ordinance
amending Chapter 9 section 9.76 and 9.77, adopt Resolution approving Summary
Ordinance
C. Approve joint powers agreement for Fire Department federal background checks
with State of Minnesota, authorize Mayor and City Manager to execute agreement
CITY COUNCIL MEETING AGENDA
January 21, 2025
Page 2
D. Approve construction contract for rehabilitation of nine City manholes with
Innovative High Performance Coatings
E. Approve professional services agreement for engineering design, bidding services,
and financial consulting for geothermal update of water treatment plant Heating,
Ventilation and Air Condition (HVAC) system with Advanced Engineering and
Environmental Services, LLC
F. Approve professional services agreement for conducting a filter performance
evaluation at the Water Treatment Plant with Advanced Engineering and
Environmental Services, LLC
G. Approve delegation agreement for aquatic invasive species prevention with the
Minnesota Department of Natural Resources
H. Approve one-year community garden plot lease agreement with the Metropolitan
Airport Commission (MAC)
I. Approve updated priority use of outdoor facilities for organized athletic policy,
approve update to fee Resolution
J. Approve professional services agreement for design and construction documents
for Homeward Hills park playground renovation project with WSB
K. Approve updates to Enterprise License Agreement with Environmental Systems
Research Institute, Inc.
VIII. Public Hearings and Meetings
A. MARSHALL GARDENS by Lake West Development, LLC. Approve first reading of
Ordinance for zoning district changes on 32.11 acres and PUD district review with
waivers on 8.03 acres, adopt Resolution for guide plan change from low density
residential to medium density residential on 9.78 acres and from low density
residential to parks & open space on 12.78 acres, adopt Resolution for PUD
concept plan on 8.03 acres, adopt Resolution for preliminary plat on 32.11 acres,
and adopt Resolution supporting park dedication
IX. Payment of Claims
X. Ordinances and Resolutions
A. Adopt Resolution accepting bids and awarding contracts for the Police Department
and City Office remodel project
XI. Petitions, Requests, and Communications
XII. Appointments
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January 21, 2025
Page 3
XIII. Reports
A. Reports of Council Members
B. Report of City Manager
C. Report of Community Development Director
D. Report of Parks and Recreation Director
E. Report of Public Works Director
F. Report of Police Chief
G. Report of Fire Chief
H. Report of City Attorney
XIV. Other Business
XV. Adjournment
City Council Agenda Cover Memo
Date: Jan. 21, 2025
Section: Proclamations and Presentations
Item Number: IV.A.
Department: Mayor Ron Case
ITEM DESCRIPTION
Martin Luther King, Jr. Proclamation
REQUESTED ACTION
Declare 2025 as a year to celebrate Human Rights and Diversity
SUMMARY
This proclamation asks all residents to continue their commitment and concern for equal rights
for all persons, to dedicate themselves to helping those who do not yet share in that freedom,
and to join the City of Eden Prairie in recognizing and celebrating Dr. Martin Luther King, Jr.’s
dream.
ATTACHMENTS
Martin Luther King, Jr. Proclamation
PROCLAMATION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, the City of Eden Prairie’s City Council and Human Rights &
Diversity Commission sponsors the Black History Month Words in Action
contest and the Human Rights Award program, recognizing those who work to
create an inclusive community spirit through their actions, activities, and
programs; and
WHEREAS, the City of Eden Prairie recognizes that Dr. Martin Luther King, Jr., had a dream and dedicated his life to helping freedom exist for all people through his commitment to human rights and his non-violent philosophy; and
WHEREAS, the City of Eden Prairie reaffirms its commitment to fostering diversity in our community through the Eden Prairie Manifesto.
NOW, THEREFORE, BE IT RESOLVED, that the City of Eden Prairie hereby
proclaims 2025 as a year to celebrate human rights and diversity, and asks all
residents to continue their commitment and concern for equal rights for all
persons, to dedicate themselves to helping those who do not yet share in that
freedom, and to join the City of Eden Prairie in recognizing and celebrating Dr.
Martin Luther King, Jr.’s dream.
Ronald A. Case, Mayor
on behalf of Council Members:
Kathy Nelson
Mark Freiberg
PG Narayanan
Lisa Toomey
Unapproved Minutes
Eden Prairie City Council Workshop
5:30 p.m. Tuesday, Jan. 7, 2025
City Center Heritage Rooms, Council Chambers
8080 Mitchell Road
Eden Prairie, MN 55344
ATTENDEES
City Council Members: 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, Police Chief Matt
Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose,
Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Potter
Guest Speakers: City Planner Jeremy Barnhart, Planning Commission Chair Andrew Pieper,
Parks, Recreation and Natural Resources Chair Patrice Erickson, Recreation Services Manager
Lori Brink
MEETING AGENDA
Heritage Rooms
I. Planning Commission Work Plan 5:30 to 5:50 p.m.
Case noted annual commission updates are beneficial to the Council. Planning Commission (PC) is
important as it’s statutory. City Planner Jeremy Barnhart introduced PC Chair Andrew Pieper.
Pieper gave a summary of the 11 land use applications reviewed by the PC in 2024 including the
new Preserve Village Chipotle, Eden Prairie School UNFI Comprehensive Plan Amendment, and
the Enclave at Manor Road housing development. The Marshall Gardens proposal, a
redevelopment of the former Marshall Farm, was reviewed by the PC in 2024. Narayanan asked if
the Marshall Gardens proposal includes solar panels. Pieper confirmed solar panels are included.
Pieper outlined the two text amendments reviewed by the PC in 2024. These text amendments
added flexibility for industrial districts and for landscaping in multi-family developments. Barnhart
added these amendments eliminated extra hoops for applicants in unique spaces, while still
adhering to the intent of City code. Pieper explained 2025 goals for the PC include reviewing
development applications and code amendments and facilitating training for PC members.
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Narayanan asked Pieper how long he has served on PC. Pieper replied he has served since 2013.
Narayanan asked if developer proposals have changed during Pieper’s tenure. Pieper confirmed
the PC is reviewing more proposals for senior living housing in recent years. City staff does an
excellent job vetting projects. Narayanan noted developers are proactively adding solar to their
projects. Pieper stated developers are proactively adding Electric Vehicle charging as well. Case
and Pieper agreed the PC and the City Council are in consensus on most development projects.
Nelson stated the importance of developers adhering to landscaping, solar, and electric vehicle
charging requirements. Toomey added developers must comply with the City’s Sustainable
Building Standard. The Council thanked Barnhart and Pieper for their time and efforts.
II. Parks, Recreation and Natural Resources Commission Work Plan 5:50 to 6:10 p.m.
Markle stated the Parks, Recreation and Natural Resources Commission (PRNRC) has many
longstanding commission members and engaged student commission members. Markle
introduced PRNRC Chair Patrice Erickson. Erickson thanked Parks and Recreation staff for their
assistance and highlighted the PRNRC’s wide array of topics. The Parks and Recreation
department offers events for every age, season, and culture. There is growing interest in bike
parks and offroad cycling. 2,300 youth participated in 2024 summer programming. EPCC
memberships are rebounding to pre-COVID levels. The PRNRC partakes in an annual bus tour of
facilities including the EPCC, the Round Lake Park building, and the Art Center. The City is
continuing its battle against Emerald Ash Borer and Oak Wilt. The City’s conservation areas are
one of a kind.
Erickson explained the PRNRC met with multiple organizations over 2024. The PRNRC held a joint
meeting with the Sustainability Commission to discuss the Climate Action Plan, rain gardens, and
solar panels. The PRNRC also met with Friends of EP Parks to discuss the Park Steward program,
which removes invasive species including buckthorn. The PRNRC met with the Three Rivers Park
District regarding new regional trails. Erickson summarized the PRNRC’s involvement with the
newly proposed athletic policy. The new pickleball attendant and improved signage help players
feel welcome and address behavior issues. Miller Park will have the first lit pickleball courts in the
City. Erickson detailed Parks and Recreation events, which were attended by 31 thousand
participants in 2024. The Third of July drone show received excellent reviews. Peoplefest and
CITY COUNCIL MEETING AGENDA
January 07, 2025
Page 3
Arbor Day have grown significantly. Nelson asked the PRNRC to research advanced orders for
Arbor Day as the City runs out of trees quickly.
Erickson stated the PRNRC updated its purpose statement in 2024 to add “provide input to staff
to ensure the inventory, preservation, and management of natural resources”. 2025 focus areas
include Cemetery Management, yearly CIP projects, increasing EPCC membership, expanding EP
Players and the Community Band, and supporting emerging sports. Narayanan asked the PRNRC
to look into items including underutilized playgrounds, installing a canopy for the Staring Lake
Amphitheatre, and offering nighttime rental options for park facilities. The Council thanked the
PRNRC for their time and efforts.
III. Athletic Policy 6:10 to 6:30 p.m.
Markle introduced Recreation Services Manager Lori Brink and summarized the need for a new
athletic policy. The current policy is outdated and does not reflect changing community needs. A
new policy provides opportunity to align with peers including the Eden Prairie School District
(EPSD) and surrounding cities. It would allow the City to reinvest in programs, improve access,
support emerging sports, and address negative behaviors.
Markle noted Staff began work in June 2024 to research surrounding city policies and gather
partner feedback. Positive feedback was received including the designated tiered approach to
scheduling, all organizations having an access point, and negating field overuse. Partners indicate
some items need clarification including how the application and scheduling processes will work
and how tier three fees will be structured. Some organizations have finalized their 2025 budgets
and are concerned about adding unanticipated costs.
Markle detailed the proposed fee structure is as follows: Tier one is internal programming and
has no associated fees. Tier two is the EPSD and has no fees for practices or competitions. Tier
three is non-profit organizations and would be charged an annual fee per athlete. Tiers four
through seven are for-profit organizations and would be charged in accordance with the annual
fee resolution. Fee revenue would fund improved scheduling technology and field maintenance.
Narayanan asked if the City has a reciprocal agreement with the EPSD. Brink confirmed the City
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January 07, 2025
Page 4
and EPSD do not charge each other for outdoor facilities. Narayanan asked if for profit teams are
differentiated from non-profit teams. Brink confirmed for-profit and non-profit teams are
assigned different tiers. Case noted families may want to reserve space for a birthday party.
Markle confirmed that would be viewed a as one-time facility rental, and groups under 20 would
not need to make a reservation.
Markle detailed options for the proposed fee structures. Tiers four through seven would reserve
and pay for facility space in a two hour block. Tier three organizations could pay the following: no
fees; $0 per athlete in 2025 and $10 per athlete in 2026; or $5 per athlete in 2025 and $10 per
athlete in 2026. No fee would be charged for athletes receiving financial assistance. Case asked if
a group in tiers four through seven would pay less overall in two hour reservation blocks than
with a per athlete annual fee. Getschow noted paying in two hour increments will be more
expensive at the end of the season than a per athlete basis. Brink added the tiered approach
allows non-profits to schedule the space needed to run their programs. Remaining availability
would be used to schedule for profit teams where able.
Narayanan asked which tier three option is recommended by staff. Markle answered staff
recommends charging $0 per athlete in 2025 and $10 per athlete in 2026. This would not burden
organizations who have finalized 2025 budgets and give a year to financially plan for a fee in
2026. Toomey asked how athletes on financial assistance are differentiated. Brink confirmed the
number of athletes, including those on financial assistance, are reported by the organization at
the end of the year. Toomey asked if the proposed fees are similar to other cities. Markle noted
the proposed fees are similar to other cities. Eden Prairie not charging for facility rental is
unheard of. Case summarized the Council is in agreement to charge tier three $0 per athlete in
2025 increasing to $10 per athlete in 2026.
Council Chambers
IV. Open Podium
V. Adjournment
Unapproved Minutes
Eden Prairie City Council Meeting
7 p.m. Tuesday, Jan. 7, 2025
City Center Council Chambers
8080 Mitchell Road
Eden Prairie, MN 55344
ATTENDEES
City Council Members: 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, Administrative
Services/HR Director Alecia Rose, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City
Attorney Maggie Neuville
MEETING AGENDA
I. Call the Meeting to Order
II. Pledge of Allegiance
III. Swearing In of Council Members Narayanan and Toomey
City Attorney Maggie Neuville conducted the swearing-in for Council Member Lisa
Toomey and Council Member PG Narayanan.
IV. Open Podium Invitation
Case read a statement regarding two incidents of threatening language used at the
previous City Council meeting. He explained the role of the Council in setting the levy
and the impacts on household taxes. The Council expressed its commitment to
representing the best outcomes for the most people across Eden Prairie. He implored
community members to respect democratic principles and to prioritize kindness.
Freiberg noted he was shocked with the incidents. People can agree to disagree with
any level of politics. Nonetheless, there needs to be respect for one another.
V. Proclamations and Presentations
A. Winter salt awareness week Proclamation
Ellis explained road salt is used to for safety on icy streets, sidewalks, and parking
lots throughout Eden Prairie. Chlorides from salt permanently pollute drinking
water, lakes, creeks, and wetlands. Chloride concentrations in Eden Prairie’s water
CITY COUNCIL MEETING AGENDA
January 07, 2025
Page 2
resources are slowly increasing, mainly from winter salt use.
Ellis pointed out the City of Eden Prairie is a leader in reducing salt application
while maintaining safe roads through the continued efforts of City winter
maintenance crews. The public is less aware of the impacts of salt overuse. The
focus on salt during Winter Salt Awareness Week will help educate the public on
the problems of salt pollution and ways to safely reduce salt use.
Case read the proclamation in full.
VI. Approval of Agenda and Other Items of Business
MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as published.
Motion carried 5-0.
VII. Minutes
MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the
Council workshop held Tuesday, December 3, 2024, and the City Council meeting held
Tuesday, December 3, 2024, as published. Motion carried 5-0.
VIII. Consent Calendar
A. Clerk’s List
B. Adopt Resolution No. 2025-001 establishing meeting dates and times for City
Boards and Commissions for 2025
C. Adopt Resolution No. 2025-002 authorizing Treasurer or Deputy Treasurer to
invest City of Eden Prairie funds
D. Adopt Resolution No. 2025-003 authorizing Treasurer or Deputy Treasurer to make
electronic fund transfers for City of Eden Prairie
E. Adopt Resolution No. 2025-004 authorizing City officials to transact banking
business
F. Adopt Resolution No. 2025-005 designating depository
G. Adopt Resolution No. 2025-006 authorizing use of facsimile signatures by public
officials
H. Adopt Resolution No. 2025-007 authorizing payment of certain claims by Finance
department without prior council approval
I. Adopt Resolution No. 2025-008 authorizing expenditure of fiscal year 2025 opioid
CITY COUNCIL MEETING AGENDA
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Page 3
settlement funds
J. Adopt Resolution No. 2025-009 endorsing Safe Routes to School grant application
and authorizing execution of grant agreement with the Minnesota Department of
Transportation
K. Adopt Resolution No. 2025-010 authorizing execution of Safe Road Zones grant
agreement with the Minnesota Department of Transportation
L. Approve investment policy
M. Approve legislative services agreement with Lockridge Grindal Nauen
N. Approve purchase of a mini-caliber tracked robot
O. Approve professional services agreement amendment for Prairie Center Drive
pavement rehabilitation project construction administration services with SRF
Consulting Group
P. Approve professional services agreement amendment for Prairie Center Drive and
Franlo Road intersection improvements construction administration services with
SRF Consulting Group
Q. Authorize purchase of a salt crusher dirt pulverizing bucket with hydraulic hoses
and loader mount
R. Authorize purchase of two portable changeable message boards
S. Approve upgrade to electronic plan review software as a service with Avolve
T. Declare obsolete computer equipment as surplus and authorize disposal
U. Approve renewal of towing services agreement between the City of Eden Prairie
and Allen’s Service, Inc. doing business as (DBA) Matt’s Auto Service
MOTION: Nelson moved, seconded by Toomey, to approve Items A-U on the
Consent Calendar. Motion carried 5-0.
IX. Public Hearings and Meetings
X. Payment of Claims
MOTION: Toomey moved, seconded by Narayanan, 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
CITY COUNCIL MEETING AGENDA
January 07, 2025
Page 4
A. First reading of Ordinance amending Chapter 9 related to fences and vision
impacts
Klima stated in August 2024 the City Council directed Staff to research an
amendment to regulate electrified and barbed wire fencing in in the City. This type
of fencing can be an attractive nuisance to children and cause harm when placed
inappropriately.
Klima stated Chapter 11 limits fence height to 7 feet but currently does not
address fencing materials. Chapter 11 also addresses traffic sight distances being
maintained at intersections due to fencing or landscape plantings.
Klima noted the proposed ordinance consolidates fence regulations from the
zoning code into one location in Chapter 9 for user clarity. The ordinance provides
definitions, height limitations, and permitting requirements. The ordinance also
outlines permitted and prohibited materials, consistent with current practice. The
ordinance allows barbed wire and above ground electric wire fencing in certain
areas and situations, including government and infrastructure uses, the airport,
and in agricultural areas, or temporary invasive species mitigation. The regulations
are generally consistent with those of peer cities.
Freiberg asked if barbed wire and razor wire are considered the same per the
proposed ordinance. Klima stated the list of prohibited materials is not exhaustive.
Both barb wire and razor wire would not be allowed.
MOTION: Nelson moved, seconded by Toomey, to approve the first reading of the
Ordinance to amend Chapter 9 relative to fences and vision impacts. Motion
carried 5-0.
XII. Petitions, Requests, and Communications
XIII. Appointments
A. Adopt Resolution No. 2025-011 designating official City newspaper
Case stated the designation is required on an annual basis.
MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No.
2025-011 designating the Eden Prairie Sun Sailor as the official City newspaper
for the year 2025. Motion carried 5-0.
B. Adopt Resolution No. 2025-012 designating official meeting dates, time, and place
for City council in 2025 and appointing acting mayor
Case noted State Statute requires each city to appoint an Acting Mayor. Eden
Prairie typically elects the most longstanding member as acting mayor.
CITY COUNCIL MEETING AGENDA
January 07, 2025
Page 5
MOTION: Narayanan moved, seconded by Freiberg, to adopt Resolution No.
2025-012 designating official meeting dates, time, and place for the City of Eden
Prairie Council in 2025 and appointing Council Member Kathy Nelson as Acting
Mayor. Motion carried 5-0.
C. Adopt Resolution No. 2025-013 appointing Commissioners to Eden Prairie Housing
and Redevelopment Authority
MOTION: Freiberg moved, seconded by Narayanan, to adopt Resolution No.
2025-013 appointing City Council Members to serve as Commissioners for the
Eden Prairie Housing and Redevelopment Authority and appointing Ron Case as
Chair, Rick Getschow as Executive Director, and Council Member Kathy Nelson as
secretary for the year 2025. Motion carried 5-0.
D. Adopt Resolution No. 2025-014 appointing Director and Alternate Director to
Suburban Rate Authority
MOTION: Toomey moved, seconded by Nelson, to adopt Resolution No. 2025-
014 designating Public Works Director Robert Ellis as the Director and Council
Member Mark Freiberg as the Alternate Director to the Suburban Rate
Authority. Motion carried 5-0.
E. Adopt Resolution No. 2025-015 appointing Municipal Representatives to the Fire
Relief Association Board of Trustees
MOTION: Narayanan moved, seconded by Toomey, to adopt Resolution No.
2025-015 appointing Council Member Kathy Nelson and Finance Manager
Tammy Wilson to the Eden Prairie Fire Relief Association. Motion carried 5-0.
F. Appointment of Delegate and Council Members as Alternates to National League
of Cities
MOTION: Nelson moved, seconded by Freiberg, to approve appointment of
Mayor Ron Case as Delegate and Council Members as Alternates to the National
League of Cities. Motion carried 5-0.
G. Appointment to Municipal Legislative Commission
MOTION: Narayanan moved, seconded by Freiberg, to approve appointment of
Mayor Ron Case and Council Member Lisa Toomey as alternate to the Municipal
Legislative Commission. Motion carried 5-0.
H. Appointment to Southwest Cable Commission
MOTION: Nelson moved, seconded by Narayanan, to approve appointment of
Council Member Mark Freiberg to the Southwest Cable Commission. Motion
CITY COUNCIL MEETING AGENDA
January 07, 2025
Page 6
carried 5-0.
I. Appointment to I-494 Commission
MOTION: Narayanan moved, seconded by Nelson, to approve appointment of
Council Member Lisa Toomey to the I-494 Corridor Commission. Motion carried
5-0.
J. Appointment of Assistant Weed Inspector
Case pointed out under State Statute, the Mayor is the City Weed Inspector and
appointment of an Assistant Weed Inspector thereby relieves the Mayor or City
Council of those duties as required by Minnesota State Statute.
MOTION: Toomey moved, seconded by Narayanan, to approve appointment of
Forestry and Natural Resources Supervisor Karli Wittner as Assistant Weed
Inspector for the City of Eden Prairie. Motion carried 5-0.
K. Appointment to Southwest Transit Commission
MOTION: Nelson moved, seconded by Narayanan, to approve appointment of
Council Member Lisa Toomey to the Southwest Transit Board as the Eden Prairie
Appointed Representative for a two-year term to end December 31, 2026.
Motion carried 5-0.
Case provided details on the composition of the Commission.
Freiberg noted the Southwest Transit Commission will approve the seventh
representative. Per Council consensus, Greg Leeper is the recommended
appointment.
XIV. Reports
A. Reports of Council Members
B. Report of City Manager
C. Report of Community Development Director
i. Update to the Community Development 2023-2027 Strategic Plan
Klima explained the latest version of the Community Development
Strategic Plan was originally approved by Council in 2022. The Strategic
Plan includes information on Community Development focus areas and
efforts related to the Race Equity initiative, housing programs and
CITY COUNCIL MEETING AGENDA
January 07, 2025
Page 7
initiatives, economic development partnerships, development and
redevelopment opportunity sites, and funding sources for programs and
initiatives.
Klima noted Staff is proposing a few minor updates to the Strategic Plan to
address a new funding source, namely Local Affordable Housing Aid (LAHA),
for housing programs and a large rehab project planned at St. Johns
Woods. Klima provided information on LAHA requirements and outcomes.
She showed a chart of proposed LAHA spending.
Klima detailed the St. Johns Woods project and the City’s assistance in the
rehabilitation effort.
Narayanan asked if recipients of financial support as new homeowners are
required to live in the home for a certain amount of time. Klima stated the
loan is forgivable if the homeowner lives in the house for 30 years. If the
homeowner sells the home, the funds would be repaid to the City.
Narayanan asked how the funds are received by the City. Klima stated it
comes through the Department of Revenue.
MOTION: Narayanan moved, seconded by Freiberg, to approve the
updates 2023 through 2027 Community Development Strategic Plan.
Motion carried 5-0.
D. Report of Parks and Recreation Director
E. Report of Public Works Director
F. Report of Police Chief
G. Report of Fire Chief
H. Report of City Attorney
XV. Other Business
XVI. Adjournment
MOTION: Toomey moved, seconded by Narayanan, to adjourn the meeting. Motion
carried 5-0. Mayor Case adjourned the meeting at 7:47 p.m.
City Council Agenda Cover Memo
Date: Jan. 21, 2025
Section: Consent Calendar
Item Number: VII.A.
Department: Police/Support Unit
ITEM DESCRIPTION
Clerk’s License Application List
REQUESTED ACTION
Approve the licenses listed below
SUMMARY
2025 Renewal Licenses
Commercial Kennel
Dog Camp Inc Camp Bow Wow Eden Prairie 10100 Viking Drive #200
Paws, LLC Paws Doggy Daycare 6340 Industrial Drive #100
Private Kennel
Kimberly Donahue 18090 Evener Way Kathy Meyer
7320 Bagpipe Blvd
Mike & Elaine Perry 9618 Portal Drive
Robert & Lorraine Stanton
16427 S Manor Road
City Council Agenda Cover Memo
Date:
Section:
Jan. 21, 2025
Consent Calendar
Item Number: VII.B.
Department: Community Development / Planning
Julie Klima / Jeremy Barnhart
ITEM DESCRIPTION
Approval of the 2nd reading of an ordinance amending Chapter 9 related to fences and
intersection impacts, establishing permissible fence height, materials, and locations within the
city. The ordinance also defines prohibited materials and provides for allowable exceptions.
REQUESTED ACTION
Move to approve the 2nd reading of an Ordinance amending regulations in Chapter 9 relative to
fences and vision impacts; and
Adopt a Resolution Approving the Summary Ordinance and ordering the publication of said
summary.
SUMMARY
This is the second reading of an ordinance that consolidates fence regulations from the Chapter
11 into Chapter 9, (Public Protection, Crimes and Offenses), for user clarity. The ordinance
provides definitions, height limitations, material requirements consistent with current practice.
The ordinance allows for exceptions for materials in certain areas and situations, including
government and infrastructure uses, the airport, and in agricultural areas, or temporarily
invasive species mitigation. The regulations are generally consistent with those of peer cities.
ATTACHMENTS
Ordinance
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. ___-2025 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.76 RELATING TO THE REGULATION
OF FENCES AND SECTION 9.77 RELATING TO VISION CLEARANCE, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 9 is amended by adding a new Section 9.76 to read as follows: SECTION 9.76. - FENCES
Subd. 1. Definitions. As used in this section, the following terms have the following
meanings: 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 of a lot.
Required yard has the meaning given in City Code Section 11.02. Subd. 2. Height; Building Code. Fences may not exceed seven (7) feet in height and may occupy any yard. Fences above seven (7) feet are prohibited. Fences must be constructed in
accordance with the applicable Building Code requirements
Subd. 3. Materials.
A. Permitted Materials. Fences must be constructed of permanent materials designed for permanent fencing. Any wood used must be resistant to decay.
B. Prohibited Materials. Fences may not be constructed of razor wire, barbed wire,
chain link with slats, chicken wire, rope, cable, railroad ties, landscape timbers, utility poles, mesh of any type, tarps, electrically charged wire or any other similar materials, or any other materials not specifically manufactured for permanent fencing. Such materials are prohibited, with the following exceptions:
1. Chicken wire may be used as fencing for the keeping of chickens when
permitted by Section 9.74.
2. Chicken wire may be used as fencing for a compost area in accordance with the requirements of Section 9.01.
3. Barbed wire may be used at an airport, data center, City-owned building or
facility, public infrastructure, or similar use approved by the City Planner, provided that the height of the barbed wire may not be less than six and one-
half (6½) feet above grade.
4. Temporary electric fencing may be used to contain animals used in the treatment of invasive vegetation with the approval of the City Forester.
5. Temporary construction fencing, including but not limited to erosion control hay bales, fabric, and plastic, may be used on a construction site but must be
removed following the elimination of hazards or completion of the
construction project.
Subd. 4. Shoreland. In addition to meeting all other requirements of this section, fences in shoreland areas as provided in City Code § 11.50 must comply with the following requirements. Terms used in this subdivision 4 have the meanings given in Section 11.50,
subdivision 2.E.
A. Fences must be set back at least ten (10) feet from the ordinary high water level;
B. Solid fences are not permitted within the shore impact zone;
C. Fences may not be located within wetlands or wetland buffer areas;
D. Fences must be located outside of bluff impact zones and steep slopes; and
E. Within the shore impact zone, fences must be installed and maintained without
removal of healthy native vegetation.
Subd. 5. Exemption. Fences in the Park and Open Space District are exempt from the requirements and restrictions of this section. Fencing standards for the Parks and Open Space District are set forth in City Code Section 11.37.
Section 2. City Code Chapter 9 is amended by adding a new Section 9.77 to read as follows:
SECTION 9.77. – VISION CLEARANCE No fence, hedge, or other vegetation 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 as determined by the City Engineer.
Section 3. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 9.99 entitled “Violation a Misdemeanor or Petty Misdemeanor” are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 4. This ordinance shall be in effect 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 7th day of January, 2025, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 21st day of January, 2025.
______________________ ________________________
David Teigland, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on __________________, 2025.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025-___ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. __-2025 AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. __-2025 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 21st day of January, 2025.
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. __-2025 is lengthy.
B. The text of summary of Ordinance No. __-2025, 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 __-2025 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 January 21, 2025.
_________________________
Ronald A. Case, Mayor ATTEST:
________________________ David Teigland, City Clerk
EXHIBIT A
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-2025
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.76 RELATING TO THE REGULATION OF FENCES AND SECTION 9.77 RELATING TO VISION CLEARANCE, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance adds two new sections to Chapter 9. The new Section 9.76 contains regulations relating to fences, including permitted location, height, and materials. The new Section
9.77 addresses vision clearance and limits the height of fences, hedges, vegetation, and trees where
there may be interference with traffic sight distance. Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
_________________________ __________________________
David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on ____________, 2025.
(A full copy of the text of this Ordinance is available from City Clerk.)
City Council Agenda Cover Memo
Date: Jan. 21, 2025
Section: Consent Calendar
Item Number: VII.C.
Department: Fire Department
ITEM DESCRIPTION
Joint Powers Agreement with State of Minnesota for Fire Department Federal Background
Checks
REQUESTED ACTION
Approve agreement and authorize the Mayor and City Manager to execute the agreement.
SUMMARY
This Agreement is between the State of Minnesota, acting through its Commissioner of Public
Safety on behalf of the Bureau of Criminal Apprehension and the City of Eden Prairie on behalf
the Fire Department. The BCA is responsible for fingerprint identification services including
submission of civil, fingerprint-based background checks to the Federal Bureau of Investigation
(“FBI”) subsequent to conducting Minnesota records checks. The Fire Department has a need to
conduct fingerprint-based background checks for employment purposes. The purpose of this
Joint Powers Agreement is to memorialize the requirements for the City to obtain access and
the limitations that apply to the information that the Fire Department obtains.
ATTACHMENTS
Joint Powers Agreement with the State of Minnesota
DPS/BCA NCJA Federal Background Check JPA (Aug. 2024) 1
Joint Powers Agreement
State of Minnesota
Federal Background Checks
ORI – NCJMN0125 SWIFT Contract # 260645
This Agreement is between the State of Minnesota, acting through its commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Eden Prairie
on behalf of its Fire Department ("Governmental Unit”). Recitals
1 Under Minnesota Statutes § 471.59, the BCA and Governmental Unit are empowered to engage in such agreements as are necessary to exercise their powers. 2 The BCA is the State Identification Bureau for the State of Minnesota and is responsible
for fingerprint identification services including submission of civil, fingerprint-based background checks to the Federal Bureau of Investigation (“FBI”) subsequent to conducting Minnesota records checks. 3 The Governmental Unit has a state statute, Minnesota Statutes, § 299F.035, that has been approved by the United States Attorney General as compliant with Public Law 92-544. 4 The Governmental Unit wants to access federal data in support of its duties to conduct background checks as provided by law. 5 The purpose of this Joint Powers Agreement is to memorialize the requirements for Governmental Unit to obtain access and the limitations that apply to the information that Governmental Unit obtains. Agreement 1 Term of Agreement
1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required signatures under Minnesota Statutes § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective.
2 Agreement Between the Parties 2.1 Request Submission. Governmental Unit agrees that it will collect fingerprints from
those individuals for whom a Minnesota and federal fingerprint-based background check will be conducted. Governmental Unit will forward the fingerprints and other documentation to the BCA. The fingerprints will be captured so they meet the
requirements of National Institute of Standards and Technology Special Publication 500-290. The Governmental Unit will ensure that all fields required on the fingerprint card are completed.
Fingerprints received by Governmental Unit will be forwarded to the BCA using a secure method. 2.2 Request Processing. On receipt of fingerprints that conform to the requirements of Clause 2.1, the BCA will conduct a check of the Minnesota criminal history repository
DPS/BCA NCJA Federal Background Check JPA (Aug. 2024) 2
for any records that match the fingerprints submitted. Any results of a fingerprint match in Minnesota will be returned to the Governmental Unit with the federal
results. The BCA will also forward the fingerprints to the FBI for processing. The BCA will
receive the response from the FBI, redact any data the Governmental Unit is not entitled to receive and forward the results to the Governmental Unit.
2.3 Policies. The FBI and BCA have laws and policies on access, use, audit, dissemination, screening (pre-employment), security, training, and use of the criminal history results. These FBI and BCA policies, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://bcanextest.x.state.mn.us//noncrim/launchpad/index.pl. Governmental Unit has
created its own policies to ensure that Governmental Unit’s employees and contractors comply with all applicable requirements. Governmental Unit ensures this compliance through
appropriate enforcement. 2.4 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Governmental Unit agrees that it
will comply with applicable state and federal laws when accessing, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.5 Requirement to Update Information. The parties agree that if there is a change to any of the information, whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. 2.6 Compliance with Personnel Security Requirements. Per Minnesota Statutes § 299C.46, employees of a Governmental Unit who review results of background checks will be required to take security awareness training and pass a federal, fingerprint-based background check. Any information technology staff who support the work of Governmental Unit and who have physical or logical access to criminal
history information will also be required to take security awareness training and pass a federal, fingerprint-based background check and may need to sign a security addendum certification. All required training by Governmental Unit employees will be
completed prior to reviewing or handling background checks. 3 Payment
Governmental Unit will pay the BCA for all services performed under this Agreement. For each background check that is processed by BCA, Governmental Unit will pay the fee identified at https://dps.mn.gov/divisions/bca/Documents/Background-check-fees.pdf.
There is an additional $10.00 fee if the fingerprints are taken at BCA. 4 Authorized Representatives
BCA's Authorized Representative is the person below, or her successor: Name: Diane Bartell, Deputy Superintendent Address: Dept. of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Avenue East Saint Paul, MN 55106 Telephone: 651.793.2590 Email Address: Diane.Bartell@state.mn.us
Governmental Unit’s Authorized Representative is the person below, or his/her successor:
DPS/BCA NCJA Federal Background Check JPA (Aug. 2024) 3
Name: Scott Gerber, Fire Chief Address: 8080 Mitchell Rd
Eden Prairie, MN 55344
Telephone: 952.949.8361 Email Address: sgerber@edenprairie.org
5 Assignment, Amendments, Waiver, and Agreement Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except that described in Clause 2.5 above, must be in writing and will not be effective until it has been signed and
approved by the same parties who signed and approved the original agreement, or their successors in office. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure
does not waive the provision or the right to enforce it. 5.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this
Agreement, whether written or oral, may be used to bind either party. 6 Liability
The BCA and the Governmental Unit agree each party will be responsible for its own acts and behavior and the results thereof to the extent authorized by law and shall not be responsible or liable for the acts of any others and the results thereof. The BCA’s liability shall be governed by provisions of the Minnesota Torts Claims Act, Minnesota Statutes § 3.736, and other applicable law. The Governmental Unit’s liability shall be governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law.
7 Audits 7.1 Under Minnesota Statutes § 16C.05, subdivision 5, the Governmental Unit’s books, records, documents, internal policies and accounting procedures and practices
relevant to this Agreement are subject to examination by the BCA, State Auditor, or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement. The examination shall be limited to the books, records, documents,
and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law and policy, the Governmental Unit’s records are subject to examination by the BCA and the FBI to ensure compliance with laws,
regulations and policies about access, use, and dissemination of data. 8 Government Data Practices 8.1 BCA and Governmental Unit. The BCA and Governmental Unit must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The remedies of Minnesota Statutes §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either
the BCA or the Governmental Unit.
DPS/BCA NCJA Federal Background Check JPA (Aug. 2024) 4
9 Investigation of Alleged Violations; Sanctions For purposes of this clause, “Individual User” means an employee or contractor of
Governmental Unit. 9.1 Investigation. Governmental Unit and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal law, state law, and
policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Governmental Unit of the
suspected violation, subject to any restrictions in applicable law. When Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions. 9.2.1 Under this Agreement, Governmental Unit must determine if and when an involved Individual User is disciplined due to inappropriate use of data.
Governmental Unit may decide to suspend or terminate access and the decision must be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred.
Governmental Unit must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to temporarily suspend or eliminate an Individual User’s access to data and will notify Governmental Unit if an
Individual User is affected. 9.2.2 If the BCA determines the Governmental Unit has jeopardized the integrity of the information, BCA may temporarily stop providing some or all the
information under this Agreement until the failure is remedied to the BCA’s satisfaction. If Governmental Unit’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately.
10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at
any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this
Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the
other party’s authorized representative. The Governmental Unit is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds.
Notice of the lack of funding must be provided within 30 days of the affected party receiving that notice. 12 E-Verify Certification (In accordance with Minnesota Statutes § 16C.075) For services valued in excess of $50,000, Governmental Unit certifies that as of the date of services performed by the BCA, Governmental Unit and all its subcontractors will have
DPS/BCA NCJA Federal Background Check JPA (Aug. 2024) 5
implemented or be in the process of implementing the federal E-Verify Program for all newly hired employees in the United States who will perform work on behalf of the
Governmental Unit. Governmental Unit is responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All
subcontractor certifications must be kept on file with Governmental Unit and made available to the BCA upon request.
13 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of Alleged Violations; Sanctions; and 10. Venue. BCA and the Governmental Unit indicate their agreement and authority to execute this Agreement by signing below.
GOVERNMENTAL UNIT Governmental Unit certifies that the appropriate person(s) has(have) executed this Agreement on behalf of the Governmental Unit and its jurisdictional government entity as required by applicable articles, laws, by-laws, resolutions, or ordinances. By and Title: ___________________________________, Mayor____________ ______________ City of Eden Prairie Date By and Title: ___________________________________, City Manager______ ______________ City of Eden Prairie Date DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION By and Title: _____________________________________________________ ______________ (with delegated authority) Date COMMISSIONER OF ADMINISTRATION
As delegated to the Office of State Procurement By: _____________________________________________________________ ______________ Date
City Council Agenda Cover Memo
Date:
Section:
Jan. 21, 2025
Consent Calendar
Item Number: VII.D.
Department: Public Works/Utilities Division - Rick Wahlen, Utilities Manager
ITEM DESCRIPTION
Approve Construction Contract with Innovative High Performance Coatings for the
Rehabilitation of nine City Manholes.
REQUESTED ACTION
Move to: Approve Contract with Innovative High Performance Coatings in the amount of
$77,286.00 to Rehabilitate Eight Sanitary Sewer Manholes and One Storm Sewer Manhole using
a Synthetic Structural Lining Method.
SUMMARY
Synopsis
Utilities Division repairs leaks throughout the city each year in sanitary sewer manholes and
stormwater catch-basins by manually removing and replacing defective components. Manholes
which leak, but are structurally sound can be repaired by lining the concrete structure with a
self-sealing plastic grout system. This contract will repair nine manholes in that manner.
Background Information
Inflow and Infiltration (I&I) is a problem that impacts every community with a sanitary sewer
system. I&I occurs when ground or surface water makes its way into the sanitary sewer,
effectively robbing the sewer system of capacity that should be reserved for wastewater.
Repairing leaking manholes is one facet of I&I reduction, and is recognized as a mitigation effort
that is reimbursable through a current Metropolitan Council I&I grant awarded to the City for
the years 2024 through 2025. This contract for a process using a high-solids synthetic product
called Zebron greatly augments the city’s manual repairs performed by city staff, and is one of
two commercially applied manhole sealing methods used by the city. Quotes were received
from both liner system contractors, and Innovative High Performance Coatings provided the
proposal with the lowest cost.
All costs associated with this contract will be paid from the wastewater utility enterprise fund,
the stormwater utility fund, and some of the cost will be reimbursed from the Metropolitan
Council I&I grant program after the conclusion of the grant period in December 2025.
ATTACHMENTS
Professional Services Agreement
(rev. 6/2024)
Construction Contract
This Contract (“Contract”) is made on the _21st_day of_January_, 20_25_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Innovative High Performance Coatings_, a Minnesota _Company_(hereinafter "Contractor") whose business address is_1325 South Frandsen, Rush
City, MN 55069_. . Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for _The Rehabilitation of Eight Sanitary Sewer Manholes and One Stormwater Manhole_ hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1.Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all theprovisions of the Work in accordance with attached Exhibit A. Any general or specificconditions, terms, agreements, contractor 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 ineffect in any manner.
2.Time of Commencement and Completion. The Work to be performed under this Contractshall be commenced immediately after execution of this Contract. The Work shall be
completed by _September 30, 2025_.
3.Compensation for Services. City agrees to pay the Contractor a fixed sum of $_77,286.00_as full and complete payment for the labor, materials and services rendered pursuant to thisContract and as described in Exhibit A.
a.Any changes in the scope of the work which may result in an increase to thecompensation due the Contractor shall require prior written approval by an authorizedrepresentative of the City or by the City Council. The City will not pay additionalcompensation for services that do not have prior written authorization.
b.If Contractor is delayed in performance due to any cause beyond its reasonablecontrol, including but not limited to strikes, riots, fires, acts of God, governmentalactions, actions of a third party, or actions or inactions of City, the time forperformance shall be extended by a period of time lost by reason of the delay.
Contractor will be entitled to payment for its reasonable additional charges, if any,due to the delay.
Standard Construction Contract (rev. 6/2024) Page 2 of 14
4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City.
a. Invoices. Contractor 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 Contractor 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. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which
payment was requested by Contractor and paid for by City on the preceding invoice.
b. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid.
c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City
to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment.
d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate from the
Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of its duties.
Standard Construction Contract (rev. 6/2024) Page 3 of 14
6. Project Manager and Staffing. The Contractor shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall
be new and in current manufacture, unless otherwise specified, and all goods and work shall
be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
Standard Construction Contract (rev. 6/2024) Page 4 of 14
10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be
responsible for the preservation of, and shall use every precaution to prevent damage to all
trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the
Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at
the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City.
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City;
Standard Construction Contract (rev. 6/2024) Page 5 of 14
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees.
b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment
Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds
Standard Construction Contract (rev. 6/2024) Page 6 of 14
shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance
and/or Payment Bond are not submitted as provided herein, this Contract shall be considered
void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN
$175,000]
17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City.
The Contractor shall pay any subcontractor involved in the performance of this Contract
within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor 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 Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors
and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting
its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the
City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract.
19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
Standard Construction Contract (rev. 6/2024) Page 7 of 14
deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate
$100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
Standard Construction Contract (rev. 6/2024) Page 8 of 14
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All policies shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall 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
Standard Construction Contract (rev. 6/2024) Page 9 of 14
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the
Standard Construction Contract (rev. 6/2024) Page 10 of 14
services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the
project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract 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.
23. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating 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 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
24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the
Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
29. 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
Standard Construction Contract (rev. 6/2024) Page 11 of 14
termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case.
30. 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 Contract or thereafter of any of the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral
agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its
subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such change.
Standard Construction Contract (rev. 6/2024) Page 12 of 14
35.Rights and Remedies. The duties and obligations imposed by this Contract and therights 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.
36.Services Not Provided For. No claim for services furnished by the Contractor notspecifically provided for herein shall be honored by the City.
37.Severability. The provisions of this Contract are severable. If any portion hereof is, for
any reason, held by a court of competent jurisdiction to be contrary to law, such decisionshall not affect the remaining provisions of this Contract.
38.Statutory Provisions.
a.Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Contractor or otherparties relevant to this Contract are subject to examination by the City and either theLegislative Auditor or the State Auditor for a period of six (6) years after the effectivedate of this Contract. This provision will survive the completion or termination of thisContract.
b.Data Practices. Any reports, information, or data in any form given to, orprepared or assembled by the Contractor under this Contract which the City requests tobe kept confidential, shall not be made available to any individual or organization withoutthe City's prior written approval. This Contract is subject to the Minnesota Government
Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance withMinn. Stat. § 13.05, subd. 11, to the extent this Contract requires Contractor to performany function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7,which is created, collected, received, stored, used, maintained, or disseminated byContractor in performing any of the functions of the City during performance of this
Contract is subject to the requirements of the MGDPA and Contractor shall comply withthose requirements as if it were a government entity. All subcontracts entered into byContractor in relation to this Contract shall contain similar MGDPA compliancelanguage. These obligations will survive the completion or termination of the Contract.
39.Waiver. Any waiver by either party of a breach of any provisions of this Contract shallnot affect, in any respect, the validity of the remainder of this Contract.
Executed as of the day and year first written above.
Standard Construction Contract (rev. 6/2024) Page 13 of 14
CITY OF EDEN PRAIRIE
__________________________________ Mayor
___________________________________
City Manager
CONTRACTOR
By: ________________________________
Its: ________________________________
SCOPE OF WORK
This proposal is based on site observations by Christian Westbrook from IHPC for the
above - mentioned project. The above pricing includes necessary substrate prep.
work/removal of all oil, grease, rust, scale, deposits and other debris or contaminants.This includes stopping active infiltration, bench repair, and coating of 125 mils of Zebron
386.
$385 VF
Standard Adverse Total
VF LOCATION Pricing Conditions Price
12.5’ 17000 Duck Lake Trail $4,812.00 $1,000.00 $5,812.00
Calcium - Chipping, Sandblasting, Waterstop
5’ Duck Lake Rd./Peterborg Rd. $1,925.00 $2,925.00 $4,850.00
Calcium - Chipping, Sandblasting, Waterstop, Bench Repair
13.5’ 18474 Chennalt Way $4,620.00 $1,600.00 $6,220.00
Calcium - Chipping, Sandblasting, Waterstop
21’ 8754 Black Maple Drive $8,085.00 $10,000.00 $18,085.00
Calcium - Root Infiltration, Leaking, Chipping, Sandblast, Waterstop
11.5’ 7115 Shady Oak Road $5,175.00 $5,000.00 $10,175.00
Calcium, Chipping, Sandblasting, Bench Repair, Waterstop
2 - MAJOR leaks, Extensive waterstop required.
One leaker is the equivalent of a garden hose on High.
The 2nd leaker is the equivalent of a kitchen faucet running.
9’ 15909 West 62nd Street $4,050.00 $900.00 $4,950.00
Roots, Calcium, Chipping, Bench/Invert Repair
Exhibit A: Scope of Work, Construction Contract for Manhole Rehabilitationhibit
VF LOCATION SURROUNDINGS PRICE
21’ 8644 Stanley Trail Residential Intersection $9,455.00
Cracked precast at top of cone section, Mortar, Water Stop-(I&I)
8’ 17591 Bearpath Trail Emergency Access Path $6,000.00
Forcemain MH - H2S, Exposed Aggregate, Wash, Mortar, Water Stop-(I&I)
Storm Sewer Manhole
DIMENSIONS LOCATION PRICE
5’ Dia. x 12.5’9121 Mitchell Rd.$11,739.00
- Chipping, Sandblasting, Water Stop, and Mortar work
• Wash area with 5000 PSI water blaster to ensure substrate is in clean, sound condition.• Rehab concrete as is necessary Eight gallons of water stop are included in this proposal.
Should the structure(s) require more than 8 gallons, additional charges shall occur.
• Prime all concrete with 3-5 mils of Zebron prime coat.
• Spray Zebron, the original, proven, 100% solids polyurethane to desired thickness (125mils), in one spray application. Crews will be using proper protective clothing as well as
respirators to limit exposure, although Zebron has NO VOC.
• Spark test with 12,500 volts to ensure no pinholes or imperfections in the coating exist.
Fix any pinholes or imperfections following the manufacturers standards and in line withstandard operations.
QUALIFICATIONS
Page 2 of 3
Exhibit A: Scope of Work, Construction Contract for Manhole Rehabilitation, page 2
• Crews on site will be led by trained and certified Zebron installers only. Product has highlyspecific application techniques that must be always adhered to.
• Innovative High Performance Coatings will mobilize a dedicated truck capable of sprayingthis two-part polyurethane, at a specific mix rate of 3-1, per the MSDS/Tech Data provided
on Zebron 386 with 9000 series activator.
Other Qualifications
• The general contractor/owners representative is responsible for providing proper access forInnovative High Performance Coatings "A Service Disabled Veteran Owned Small
Business’s” installation equipment.• This bid includes one mobilization to the work site. Additional mobilizations will cost anadditional $1000 per trip.
• Innovative High Performance Coatings is not responsible for coordinating or scheduling anyrequired inspections. That is the responsibility of the General Contractor.• As much equipment as possible should be removed from the vaults before the arrival of
Innovative High Performance Coatings on site. Innovative will tape off the equipment left inthe vaults but cannot guarantee it will be protected from any over-spray.
EXCLUSIONS • Damage to underground utilities or mechanical and electrical ductwork/conduits.
• Any excavation and/or disposal of excavated materials.
• Purchase, placement, and compaction of fill soils.
• Lighting necessary to provide crew visibility during installation.
• Additional insurance coverage beyond Innovative High Performance Coatings standardcoverage.• Bonding. If required, please add 2% to contract amount.
• Structural or cosmetic damages due to the installation process.
• Providing traffic control services (if applicable).
• Bypass pumping done by others.
• Prevailing wage not included in this proposal.
Innovative High Performance Coatings
"A Service Disabled Veteran Owned Small Business"
SIGNATURE:
DATE:
Acceptance of Proposal - The prices proposed, specifications and conditions are
satisfactory and are hereby accepted. You are authorized to do the work as specified.We jointly and severally agree to pay you upon completion of the job and will furtherpay your service charge of 1-1/3% per month (16% annum) if our account is 30 ormore days past due, and your attorney's fees and costs to collect or enforce thiscontract. Proposal price is valid for 60 days from time of receipt **My signature
indicates that I accept the terms of this Proposal.
SIGNATURE:
DATE:
Page 3 of 3
Exhibit A: Scope of Work, Construction Contract for Manhole Rehabilitation, page 3
City Council Agenda Cover Memo
Date:
Section:
Jan. 21, 2025
Consent Calendar
Item Number: VII.E.
Department: Public Works/Utilities Division - Rick Wahlen, Utilities Manager
ITEM DESCRIPTION
Approve Professional Services Agreement with AE2S for Engineering Design, Bidding Services,
and Financial Consulting for the Geothermal Upgrade of the Water Treatment Plant HVAC
System (IC # 25722)
REQUESTED ACTION
Move to: Approve Professional Services Agreement with Advanced Engineering and
Environmental Services (AE2S) for Engineering Design, Bidding Services, and Financial
Consulting in the amount of $170,000 for the Upgrade of the Water Treatment Plant Heating
and Cooling System.
SUMMARY
Synopsis
Eden Prairie’s water utility capital improvement plan includes a project for the upgrading of the
existing legacy heating and cooling system with an energy efficient geothermal system using
the facility’s constant temperature groundwater. AE2S is recommended by staff to provide the
engineering design and bidding services for this project as well as financial advice for the
expected federal funding aspect of this project.
Background Information
AE2S has provided engineering services for the city’s utilities division since 2006 and has
provided ongoing advice and design considerations for the conversion to geothermal heating
and cooling of the facility for capital planning purposes beginning in 2009. AE2S has worked
with utility staff on many different treatment plant upgrades and is more familiar with the
City’s water treatment facility than any other consulting firm. Additionally, AE2S has a financial
consulting group that is well postured to provide guidance and advice to City staff regarding
application procedures for federal financial support and the ongoing documentation required
throughout the project. Staff believes AE2S to be the most appropriate firm to represent the
City’s interests.
The geothermal project was planned in the water utility CIP, and funds for this project are
available in the Water Utility Enterprise Fund.
ATTACHMENTS
Professional Services Agreement
(rev. 6/2024)
Agreement for Professional Services
This Agreement (“Agreement”) is made on this _21st_ day of _January_, 2024, between the City of Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Advanced Engineering and Environmental Services (AE2S)_, a North Dakota _Limited Liability Company_ (hereinafter “Consultant”)
whose business address is _6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369_.
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_The Engineering Design, Bidding Services, and Financial Consulting for the City’s Geothermal Heating and Cooling System Upgrade at the Water Treatment Plant _ 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 inExhibit A ( Scope of Services ) 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 partof Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect inany manner.
2.Term. The term of this Agreement shall be from _January 21, 2025_through_December 31, 2025_ the date of signature by the parties notwithstanding. This Agreementmay be extended upon the written mutual consent of the parties for such additional periodas 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 plusexpenses in a total amount not to exceed $ 170,000 for the services as described in ExhibitA.a.Any changes in the scope of the work which may result in an increase to thecompensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not payadditional compensation for services that do not have prior written authorization.
b.Special Consultants may be utilized by the Consultant when required by thecomplex or specialized nature of the Project and when authorized in writing by the
City.
Page 2 of 10 (rev. 6/2024)
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 (rev. 6/2024)
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. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been
paid.
6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written
notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may
retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant
Page 4 of 10 (rev. 6/2024)
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 (rev. 6/2024)
$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 (rev. 6/2024)
k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Consultant under
this Agreement. The Professional Liability policy shall insure the 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 (rev. 6/2024)
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. Notwithstanding the foregoing, Consultant’s obligation to defend the City will not apply to claims covered by Consultant’s professional
liability insurance. 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 legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance
Page 8 of 10 (rev. 6/2024)
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 legal or equitable action may be instituted
for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any
agreement resulting from the mediation in a mediated settlement agreement, which
agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements
Page 9 of 10 (rev. 6/2024)
and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions.
Page 10 of 10 (rev. 6/2024)
a.Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, 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 dateof this Agreement. This provision will survive the completion or termination of thisAgreement.
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 keptconfidential, shall not be made available to any individual or organization without theCity's prior written approval. This Agreement is subject to the Minnesota Government DataPractices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat.
§ 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function
of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created,collected, received, stored, used, maintained, or disseminated by Consultant in performingany of the functions of the City during performance of this Agreement is subject to therequirements of the MGDPA and Consultant shall comply with those requirements as if itwere a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar MGDPA compliance language. These obligations willsurvive the completion or termination of the Agreement.
30.Waiver. Any waiver by either party of a breach of any provisions of this Agreement shallnot 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:
November 12, 2024
City of Eden Prairie
Mr. Rick Wahlen
Utility Operations Manager
14100 Technology Drive
Eden Prairie, MN 55344
Re: Proposal for Professional Services
WTP Geothermal Heating and Cooling Project
Dear Mr. Dusek:
Advanced Engineering and Environmental Services, LLC. (AE2S) proposed to render professional
engineering services (Assignment) to City of Eden Prairie (CLIENT).
Scope of Basic Services
The City of Eden Prairie is looking to capture energy using finished water as the source to reduce
the energy consumption associated with heating and cooling of the water treatment plant. This
project consists of HVAC improvements at the existing water treatment plant in Eden Prairie, MN.
Improvements include replacing the existing hot water boiler and air-cooled chiller with water-
to-water heat pumps using the process water as the heat sink. The three (3) existing dehumidifiers
will also be replaced. It is anticipated that the dehumidifier that serves the filter area will be
replaced in-kind and that the two (2) dehumidifiers that serve the gallery-level spaces will be
replaced with several portable refrigerant-type dehumidifiers. Existing air handlers 101, 102, and
103 will be modified to replace the existing dx cooling coils with chilled water coils. Leaving and
existing boiler for backup heating source will be considered.
AE2S or their sub consultants will be responsible for the following tasks related to the WTP
Geothermal Project:
Preliminary Design Phase
•Coordinate and conduct a project team kick-off meeting attended by City and engineer.
•Evaluate existing MP infrastructure and perform field work to determine options for
expanding existing services and optimal tie-in locations.
•Develop preliminary HVAC loads to establish major equipment sizes and evaluate
anticipated system energy use and payback timeline for the new heat pumps in
comparison with existing HVAC equipment.
Exhibit A: Scope of Services
City of Eden Prairie
WTP Geothermal Design & Bidding Proposal
Page 2 of 4
•Prepare base Revit model of existing building related to impacted spaces.
•Prepare a preliminary set of drawings. Drawings will be sufficiently detailed to
understand project but will lack details required of construction.
•Prepare preliminary opinion of probable construction cost.
•Review preliminary documents with City personnel and make changes as required.
•Review and summarize potential grant funding sources.
•Assist in preparation and submittal of grant applications.
Final Design Phase
•Process, mechanical, and electrical design.
•Integration of the new equipment with the existing building automation system (BAS)
including schematics, points list, sequence of operations, and specification of devices
and instruments.
•Prepare final construction drawings and specifications.
•Prepare an opinion of probable construction cost.
•Review 60% and 90% construction documents with City personnel and make changes as
required.
•Coordination with utility providers to provide energy rebates.
•MDH preparation & coordination.
•Respond to questions and comments from the MDH and receive approval for the
drawings and specifications.
Bidding Phase
•Print two copies of construction drawings and specifications for City (Bidding Documents).
•Maintain plan holders list.
•Respond to bidder questions.
•Issue addenda to bidding documents, as required.
•Attend bid opening and prepare bid tabulation sheets.
•Evaluate bids and prepare recommendation letter.
Additional Services
Services resulting from significant changes in the general scope, extent, or character of the
Assignment are not included as a part of the Scope of Basic Services. If authorized in writing by
the CLIENT, AE2S will provide services beyond the scope of this proposal on an hourly basis in
accordance with AE2S’s Hourly Fee Schedule.
Exhibit A: Scope of Services
City of Eden Prairie
WTP Geothermal Design & Bidding Proposal
Page 3 of 4
CLIENT’S Responsibilities
CLIENT shall do the following in a timely manner, so as not to delay the services of AE2S:
1.Designate a person to act as CLIENT’s representative with respect to the services to be
rendered under this Agreement. Such person shall have authority to transmit instructions,
receive information, and interpret and define CLIENT’s policies and decisions with respect
to services for the Assignment.
2.Provide relevant information regarding requirements for the Assignment. AE2S shall be
entitled to use and rely upon all information provided by CLIENT or others in performing
AE2S’s services under this Agreement.
3.Provide access to the relevant site sufficient for AE2S to perform its services under this
Agreement.
4.CLIENT shall, so long as AE2S is not in default, promptly pay AE2S for such services as have
been performed satisfactorily hereunder in accordance with the fee terms set forth herein.
5.Coordinate with the public and City Council, as needed.
6.Procure necessary testing services and bare cost associated with required testing.
Fees
AE2S shall render services under this Agreement on an hourly basis in accordance with our Hourly
Fee Schedule. ENGINEER proposes to complete the Scope of Services on an hourly not to exceed
basis. A breakdown of the estimated costs for the Scope of Services is as follows:
WTP Geothermal Project Fee
Design Phase Engineering Services $138,000
Funding Assistance $15,000
Bidding Phase Engineering Services $17,000
Total $170,000
Anticipated Times for Rendering Services
AE2S shall use commercially reasonable efforts to complete Basic Services within a reasonable
time period. Anticipated schedule is as follows:
•Design Kickoff – December 2024
•60% Deliverable – March 2025
•90% Deliverable – April 2025
•MDH Review – May 2025
Exhibit A: Scope of Services
City of Eden Prairie
WTP Geothermal Design & Bidding Proposal
Page 4 of 4
•Issue for Bid – May 2025
•Bid Opening – June 2025
•On-Site Construction Start – April 2026
•Heat Pumps Delivered – May 2026 (currently a 34 week lead time)
•Construction Completion – September 2026
Thank you for the opportunity to assist in this project and we look forward to working with you.
Sincerely,
Jason Benson
Project Manager
AE2S
Exhibit A: Scope of Services
City Council Agenda Cover Memo
Date:
Section:
Jan. 21, 2025
Consent Calendar
Item Number: VII.F.
Department: Public Works/Utilities Division - Rick Wahlen, Utilities Manager
ITEM DESCRIPTION
Approve Professional Services Agreement with AE2S for Conducting a Filter Performance
Evaluation at the Water Treatment Plant (IC # 25722)
REQUESTED ACTION
Move To: Approve Professional Services Agreement with Advanced Engineering and
Environmental Services (AE2S) in the amount of $40,000 for evaluating the performance of the
water treatment plant filters.
SUMMARY
Synopsis
The dual-media filters in use at the City’s water treatment plant have been in continuous
operation since they were installed – some of them since 1977. This agreement with AE2S
provides for the physical evaluation of the filter beds and the technical assessment of the
media in order to determine the extent of the planned rehabilitations of the filter system in
future years.
Background Information
The Eden Prairie water treatment plant has 13 filters, each with a maximum capacity of nearly 2
million gallons per day when fully functional. These filter systems consist of multiple layers of
graded granular material overlain by a bed of anthracite coal 18 inches thick. Through 40 years
of tumbling and abrasion during frequent wash cycles, the filter beds become less effective and
their performance gradually diminishes. The filter systems are due for reconditioning in the
next 5 years, improvements are planned in the 2028 and 2030 CIP, and this performance
evaluation will assist with the planning of resources for the project.
The filter evaluation was planned in the water utility CIP and funds for this project are available
in the Water Utility Enterprise Fund.
ATTACHMENTS
Professional Services Agreement
(rev. 6/2024)
Agreement for Professional Services
This Agreement (“Agreement”) is made on this _21st_ day of _January_, 2024, between the City of Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Advanced Engineering and Environmental Services (AE2S)_, a North Dakota _Limited Liability Company_ (hereinafter “Consultant”)
whose business address is _6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369_.
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_The Engineering Testing and Evaluation of the Performance of the Dual-Media Filters at the Water Treatment Plant _ 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 inExhibit A ( Scope of Services ) in connection with the Work. Exhibit A is intended to bethe 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 partof Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect inany manner.
2.Term. The term of this Agreement shall be from _January 21, 2025_through
_December 31, 2025_ the date of signature by the parties notwithstanding. This Agreementmay be extended upon the written mutual consent of the parties for such additional periodas 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 $ 40,000 for the services as described in ExhibitA.a.Any changes in the scope of the work which may result in an increase to thecompensation due the Consultant shall require prior written approval by anauthorized 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 thecomplex or specialized nature of the Project and when authorized in writing by theCity.
c.If Consultant is delayed in performance due to any cause beyond its reasonablecontrol, including but not limited to strikes, riots, fires, acts of God, governmental
Page 2 of 10 (rev. 6/2024)
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 (rev. 6/2024)
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. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid.
6. Project Manager and Staffing. The Consultant shall designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the
City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under
this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment
by the City for undisputed services provided by the subcontractor. If the Consultant fails 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
Page 4 of 10 (rev. 6/2024)
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 $2,000,000 general aggregate
Page 5 of 10 (rev. 6/2024)
$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 (rev. 6/2024)
k. All polices, except the Worker’s Compensation Policy and the Professional Liability Policy, shall insure the defense and indemnity obligations assumed by Consultant under
this Agreement. The Professional Liability policy shall insure the 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 (rev. 6/2024)
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. Notwithstanding the foregoing, Consultant’s obligation to defend the City will not apply to claims covered by Consultant’s professional
liability insurance. 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 legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance
Page 8 of 10 (rev. 6/2024)
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 legal or equitable action may be instituted
for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any
agreement resulting from the mediation in a mediated settlement agreement, which
agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses,
including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements
Page 9 of 10 (rev. 6/2024)
and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision
shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions.
Page 10 of 10 (rev. 6/2024)
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Consultant or other
parties relevant to this Agreement are subject to examination by the City and either the
Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This provision will survive the completion or termination 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 Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat.
§ 13.05, subd. 11, to the extent this Agreement requires Contractor to perform any function
of the City, all government data, as defined in Minn. Stat. § 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 MGDPA 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 MGDPA compliance language. These obligations will survive the completion or termination of the Agreement. 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:
November 10, 2024
City of Eden Prairie
Rick Wahlen
Utility Operations Manager
14100 Technology Drive
Eden Prairie, MN 55344
Re: Proposal for Professional Services
WTP Filter Evaluation
Dear Mr. Wahlen:
Advanced Engineering and Environmental Services, LLC. (AE2S) proposes to render professional
engineering services (Assignment) to City of Eden Prairie (CLIENT).
Scope of Basic Services
The objective of the project is to provide recommendations that meets the following objectives
and key deliverables:
1.Provides a thorough evaluation of existing filter media, filtration equipment, backwash
effectiveness, and overall filter performance for the WTP.
2.Complete an improvements assessment of the filter system and provide recommendations
and associated probable costs.
3.Develop technical documentation that includes detailed descriptions of the evaluations
performed, findings, recommended improvements, and provide planning level estimates
of probable costs.
4.Present recommendations to the City for consideration.
The detailed task and deliverables list for the project is tabulated over the following pages.
Filter Media Evaluation
•Core the filter media within two filters.
•Compare media depths of core sample to the media depths as originally designed.
•Conduct floc retention analysis at multiple coring depths to determine if media is
adequately cleaned during backwashing.
•Measure bed expansion to determine if the backwash rate provides recommended
expansion.
•Investigate potential plugging areas of media bed.
•Coordinate filter samples for laboratory analysis and parameters to be analyzed.
Exhibit A: Scope of Services
Page 11 of 13 (rev. 6/2024)
City of Eden Prairie
WTP Filter Evaluation
Page 2 of 3
Filter Components Evaluation
•Work with WTP staff to assess existing filtration components including backwash
troughs, surface wash, filter box, etc.
•Digging down to investigate underdrain components using a filter box in three filters.
•Identify needed improvements.
Filter Operations Evaluation
•Discuss filter performance with staff.
•Evaluate current data regarding filter operation such as: turbidity, flow, backwash
procedures, and filter operation.
•Develop backwash turbidity profile.
•Verify backwash rate.
Additional Services
Services resulting from significant changes in the general scope, extent, or character of the
Assignment are not included as a part of the Scope of Basic Services. If authorized in writing by
the CLIENT, AE2S will provide services beyond the scope of this proposal on an hourly basis in
accordance with AE2S’s Hourly Fee Schedule.
CLIENT’S Responsibilities
CLIENT shall do the following in a timely manner, so as not to delay the services of AE2S:
1.Designate a person to act as CLIENT’s representative with respect to the services to be
rendered under this Agreement. Such person shall have authority to transmit
instructions, receive information, and interpret and define CLIENT’s policies and
decisions with respect to services for the Assignment.
2.Provide relevant information regarding requirements for the Assignment. AE2S shall
be entitled to use and rely upon all information provided by CLIENT or others in
performing AE2S’s services under this Agreement.
3.Provide access and assistance in field investigation of filters sufficient for AE2S to
performs its services under this Agreement.
Fees
AE2S shall render services on an hourly basis in accordance with our Hourly Fee Schedule not to
exceed $40,000 without written authorization from CLIENT.
Exhibit A: Scope of Services
Page 12 of 13 (rev. 6/2024)
City of Eden Prairie
WTP Filter Evaluation
Page 3 of 3
Performance Schedule
AE2S shall use commercially reasonable efforts to complete Basic Services by April 30, 2025.
Anticipated schedule is as follows:
•Field Work – January 2025
•Draft Filter Evaluation – March 2025
•Final Filter Evaluation – April 2025
Thank you for the opportunity to assist in this project and we look forward to working with you.
Sincerely,
Jason Benson
Project Manager
AE2S
Exhibit A: Scope of Services
Page 13 of 13 (rev. 6/2024)
City Council Agenda Cover Memo
Date:
Section:
Jan. 21, 2025
Consent Calendar
Item Number: VII.G.
Department: Public Works/Engineering - Lori Haak, Water Resources Coordinator
ITEM DESCRIPTION
Approve Delegation Agreement with the Minnesota Department of Natural Resources for
Aquatic Invasive Species Prevention (IC #12-5815)
REQUESTED ACTION
Move to: Approve Delegation Agreement with the Minnesota Department of Natural
Resources for Aquatic Invasive Species Prevention and Inspection of Water-Related Equipment
SUMMARY
Synopsis
Since 2012, the City has cooperated with Riley-Purgatory-Bluff Creek Watershed District
(RPBCWD) to sponsor an aquatic invasive species (AIS) inspection program. To aid in this effort,
the City hires a contractor (Waterfront Restoration) to manage the watercraft inspector
program. A Delegation Agreement with Minnesota Department of Natural Resources (DNR) is
required for inspectors to receive required inspection training from DNR.
Background Information
In 2012, the City Council established an AIS inspection program in cooperation with RPBCWD
for Riley, Red Rock, and Mitchell Lakes. AIS inspection programs have been shown to slow or
prevent the spread of invasive species in lakes. For DNR to provide required AIS detection and
prevention training, they require the City sign a Delegation Agreement. There is no cost for the
delegation agreement or DNR training; the cost of the inspection program ($69,841.11 in 2024)
is paid with funding from RPBCWD ($34,000 in 2024) and the City’s stormwater utility.
Under the Delegation Agreement, the DNR provides:
•Training of individuals or contractors employed by the City.
•Training of licensed peace officers to enforce state invasive species law.
The City must:
•Ensure there is law enforcement support for inspectors.
•Ensure inspectors have completed the training and certification program.
•Ensure inspections are conducted in accordance with current DNR procedures.
•Support education and outreach programs to increase public awareness about the risks AIS
pose and their ability to contribute to preventing or managing the spread of AIS.
• Meet or consult with the DNR regularly to collaboratively develop the AIS program.
ATTACHMENTS
Delegation Agreement
Page 1 of 4 Delegation Agreement
DELEGATION AGREEMENT Aquatic Invasive Species (AIS) Prevention
Inspection of Water-related Equipment
This agreement is made by and between the Department of Natural Resources (referred to as DNR), an
administrative agency of the State of Minnesota and
(referred to as Governmental Unit), a local government unit (individually referred to generally as a Party or together as Parties). This agreement is entered into under authority granted to DNR pursuant to Minnesota Statutes section 84D.105.
WHEREAS AQUATIC INVASIVE SPECIES (AIS) are nonnative species that cause or may cause economic or environmental harm or harm to human health or threatens or may threaten natural resources
or the use of natural resources in the state;
WHEREAS DNR has been authorized and charged with responsibility by the state legislature to establish a statewide program to prevent and manage the spread of AIS in coordination with other governmental
entities; DNR has in its employ conservation officers trained and authorized to enforce the state invasive species laws; and DNR has developed AIS inspection protocols;
WHEREAS pursuant to Minnesota Statutes section 84D.105, Subdivision 2(a), Governmental Unit is a Tribal or local government that agrees to assume legal, financial, and administrative responsibilities for inspection programs on some or all public waters within their jurisdiction; and
WHEREAS DNR and Governmental Unit are committed to the following three core principles:
• Coordination of their authority and resources to develop a reasonable and effective water-related equipment inspection requirement to stop the spread of AIS in the state and prevent the introduction of
new AIS;
• a collaborative, cooperative approach to AIS management and prevention; • ensuring continued access to public waters.
NOW, THEREFORE it is mutually agreed by and between the Parties as follows:
1. PURPOSE. The purpose of this agreement is to enhance Minnesota’s capacity to prevent the spread of AIS by enabling local governmental entities to perform AIS inspections and manage access to water resources in keeping with the three principles stated above.
2. TASKS AND RESPONSIBILITIES.
A. DNR or its delegee will provide training of individuals employed by Governmental Unit and/or
individuals working for contractors to Governmental Unit as inspectors and, upon successful completion of training and testing requirements, the DNR will certify individuals as authorized inspectors in
accordance with Minnesota Statutes section 84D.105, subd. 2(a). DNR will assume all obligation for training to the extent set forth in Minnesota Statutes section 84D.105.
Page 2 of 4 Delegation Agreement
B.When requested by a law enforcement agency, DNR Enforcement will provide AIS training tolicensed peace officers
C.Governmental Unit will work with their local city and county law enforcement to ensure that locallicensed peace officers are available to support Governmental Unit inspectors. Governmental Unit
inspectors shall utilize local city and county law enforcement agencies as their primary law enforcement
support when inspection stations are operated. DNR Conservation Officers may assist with support if a
local agency officer is unavailable and there is an egregious violation.
D.Governmental Unit will design and implement an AIS inspection program, detailed in a WatercraftInspection Program Plan, which must be approved by DNR, on some or all public waters within theirjurisdiction utilizing existing authorities and the authority granted to inspectors under Minnesota Statutessections 84D.105, subd. 2(b) and 84D.10, subd. 3(a), clauses 1, 3, and 4 (the Program). The program
must comply with all requirements in Minnesota Statutes section 84D.105 and in DNR WatercraftInspection Program procedures and manuals.
E.Governmental Unit will designate individuals employed by the Governmental Unit and/orindividuals working for contractors to Governmental Unit to serve as inspectors for the Program and
ensure that these individuals complete the required training and certification in paragraph 2A of thisagreement prior to performing inspections. Governmental Unit will help coordinate training of licensed
peace officers as provided under paragraph 2B of this agreement.
F.Governmental Unit will provide one or more inspection stations established under the Program
with trained and certified inspectors, who will exercise inspection authorities in accordance with currentDNR procedures and manuals. General inspection procedures include:
i.Visually and tactilely inspecting water-related equipment to determine whether aquatic invasivespecies, aquatic macrophytes, or water is present;ii.Instructing persons on how to comply with AIS laws by removing AIS, draining, decontaminating,
or treating AIS and water-related equipment to prevent the transportation and spread of aquatic invasive
species, aquatic macrophytes, and water;
iii.Issuing verbal orders to prohibit placing water-related equipment, that has AIS attached or waterthat has not been drained, into waters of the state;iv.With owner’s consent, assisting with the removal of AIS and decontamination of water-related
equipment; andv. Contacting local law enforcement or Conservation Officers if a person transporting watercraft orwater-related equipment refuses to take corrective actions to remove AIS or fails to comply withrequirements to drain water prior to leaving the water access.
G.Governmental Unit will support education and outreach projects and programs designed toincrease public awareness and knowledge of the risks AIS pose to water resources and public capacity to
contribute to the effort to prevent and manage the spread of AIS.
H.Governmental Unit assumes legal, financial, and administrative responsibilities for their staffand/or individuals working for contractors and the actions of their staff/contractors and will bear costsincurred in completing the tasks and responsibilities herein, except that DNR will provide, at its sole
expense, staff and/or contracted professionals to coordinate and conduct the training described herein.
I.Governmental Unit and DNR will regularly meet or consult with each other to collaboratively
develop the above-described elements of Governmental Unit AIS Program and potential models thatcould be used by other local government entities to help the prevent the spread of AIS, guided by the threecore principles stated above.
Page 3 of 4 Delegation Agreement
J.Governmental Unit must submit an End-of-Season Watercraft Inspection Report to the DNRsummarizing the results and issues related to implementing the inspection program.
3.LIABILITY. Each Party to this agreement shall be liable for its own acts and the results thereof to theextent authorized by law and shall not be responsible for the acts of the other party, its agents, volunteers
or employees. It is understood and agreed that liability and damages arising from the Parties’ acts and
omissions are governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter
466, the Minnesota Tort Claims Act, Minnesota Statutes section 3.736, and other applicable laws.
4. TERM AND TERMINATION. The agreement becomes effective on the date of final signature. This
agreement expires on December 31; . The agreement may be terminated with or without cause
by 30-day written notice to the other Party.
5. ENTIRE AGREEMENT. This agreement supersedes any prior or contemporaneous representationsor agreements, whether written or oral, between DNR and Governmental Unit, and contains the entireagreement with regard to the subject matter herein.
6. AMENDMENTS. This agreement may be amended only by the mutual consent of the Parties in writing, signed by each of the Parties.
7. NOTICE. Any written communication required under this agreement will be addressed to the other
Party as follows, except that any Party may change its representative and/or address for notice by so
notifying the other Party in writing:
To DNR:
Watercraft Inspection Program Supervisor Minnesota Department of Natural Resources 500 Lafayette Road, Box 25
St. Paul MN 55155-4025
To Governmental Unit:
Name/Title:
Governmental Unit:
Address:
Address:
8. GOVERNING LAW AND VENUE. This agreement will be governed by and interpreted inaccordance with the laws of the State of Minnesota. Venue for all legal proceedings out of this agreement,or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey
County, Minnesota.
9. WAIVERS. The waiver by DNR or Governmental Unit of any breach or failure to comply with any
provision of this agreement by the other Party will not be construed as nor will it constitute a continuing
waiver of such provision or a waiver of any other breach of or failure to comply with any other provisionof this agreement.
Page 4 of 4 Delegation Agreement
10. STATE AUDITS. Under Minnesota Statutes section 16C.05, subd. 5, Governmental Unit books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum
of six years from the end of this agreement.
11. GOVERNMENT DATA PRACTICES. Governmental Unit and DNR must comply with the
Minnesota Government Data Practices Act, Minnesota Statute Chapter 13, as it applies to all data
provided by DNR under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Governmental Unit under this agreement. The civil remedies of Minnesota Statute section 13.08 apply to the release of the data referred to in this clause by either
Governmental Unit or DNR.
If Governmental Unit receives a request to release the data referred to in this Clause, Governmental Unit
must immediately notify the DNR’s Data Practices Compliance Official. The Governmental Unit’s response to the request shall comply with applicable law.
The state complies with Minnesota Government Data Practices Act regarding the released of any data created, collected, received, stored, used, maintained, or disseminated by the respective party under this
agreement. The state and the Governmental Unit shall let each other know when a data request has been received.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto execute and deliver this agreement.
GOVERNMENTAL UNIT:
By: ____________________________________________
Title: ___________________________________________
Date: _____________________________________
DEPARTMENT OF NATURAL RESOURCES
By: _______________________________ Title: Director, Division of Ecological and Water Resources
Date: ______________________________
COMMISSIONER OF ADMINISTRATION
By: _______________________________
Title: ______________________________
Date: ______________________________
City Council Agenda Cover Memo
Date: Jan. 21, 2025
Section: Consent Calendar
Item Number: VII.H.
Department: Parks and Recreation
ITEM DESCRIPTION
Community Garden Plot Lease Agreement with Metropolitan Airport Commission.
REQUESTED ACTION
Move to: Approve one-year Community Garden Plot Lease Agreement with the Metropolitan
Airport Commission (MAC).
SUMMARY
This lease agreement is for the use of the 3.17-acre land parcel of MAC property at 13180
Pioneer Trail for the purpose of 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, 2024. The MAC has prepared a new one-year lease agreement at the rental rate
of $1000.93, which allows the City the right to utilize this property again for the 2025 gardening
season.
ATTACHMENTS
Lease Agreement
COMMUNITY GARDEN PLOTS LEASE AGREEMENT
THIS COMMUNITY GARDEN PLOTS LEASE AGREEMENT ("Lease") was made effective
January 1, 2025 between the Metropolitan Airports Commission ("Commission" or
"MAC"), a public corporation of the State of Minnesota, as Lessor, and the City of Eden Prairie ("City"), as Lessee.
WITNESSETH:
WHEREAS, the Commission has determined that it currently has no specific airport use
suitable for the property described in this Lease and is authorized to lease or license the property for compatible uses; and
WHEREAS, the City desires to lease the property to operate community garden plots on
the property; and
WHEREAS, the City and Commission entered into a Memorandum or Understanding
("MOU"), dated December 17, 2002, that addresses certain terms regarding the property; and
WHEREAS, the City desires to define certain parcels of the property as described in the
Lease below, the MOU, and as shown on attached Exhibit A; and
WHEREAS, the Commission has determined that the authorized uses under this Lease would not interfere with airport operations; and
WHEREAS, Commission is willing to lease the property to the City upon the terms and
condition of this Lease, which has been approved by the Commission on November 18, 2024.
NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the
parties hereto agree as follows:
1.PROPERTY. The Commission grants to City a lease to occupy and use, subject to
the terms and conditions stated herein, a portion of the lands constituting FlyingCloud Airport ("Airport") in Hennepin County, Minnesota, totaling 3.17 acres, as
shown on attached sketch ("Premises"):
And as designated in red on the plat attached hereto as Exhibit A and made apart hereof. And the legal description of the premises area is attached hereto as
Exhibit B and made a part hereof.
City Council Agenda Cover Memo
Date: Jan. 21, 2025
Section: Consent Calendar
Item Number: VII.I.
Department: Parks and Recreation
ITEM DESCRIPTION
Priority use of outdoor facilities for organized athletics policy with supporting fees resolution.
REQUESTED ACTION
Move to approve the updated priority use of outdoor facilities for organized athletics policy
along with an updated fee resolution.
SUMMARY
Staff has spent months engaging with our community athletic partners, the Parks and
Recreation and Natural Resources Commission, and City Council to update the Priority Use of
Outdoor Facilities for Organized Athletics Policy. The improved policy aims to better meet the
changing needs of athletics in Eden Prairie. It also addresses providing high-quality facilities and
preserving equitable sport access while balancing the most cost-effective services.
A more detailed tiered approach is outlined in the policy that establishes fair, equitable, and
inclusive allocation of City outdoor athletic facilities for organized play. In 2025, there are no
annual fees for tiers 1-3, giving our community groups the opportunity to plan for the
scheduled $10/athletes/year fee in 2026. Tiers 4-7 will have fees in the updated fee resolution
that are aligned with local partners for facility use in 2-hour blocks.
Staff will be working in tandem with all partners to implement improved procedures that
support the updated policy. This includes efficient scheduling, increased communication
throughout the athletic seasons, and additional staff support.
ATTACHMENTS
Athletic Policy
Updated Fee Resolution
POLICY
PRIORITY USE OF OUTDOOR FACILITIES FOR ORGANIZED ATHLETICS
UPDATED JANUARY 21, 2025
The original policy version titled, ‘Guidelines for Priority Use of Public Facilities by Community Athletic Associations and Groups’ was approved by the City Council on April 1, 1997. It was developed from input received by Eden Prairie Athletic Associations and the Parks, Recreation
and Natural Resources Commission, updated on November 1, 2004, and April 5, 2016.
The City of Eden Prairie conducted a community engagement study to address the limitations of
the original policy with the goal to expand fair, equitable, and inclusive facility access to Eden Prairie residents. This policy version, adopted by City Council on January 21, 2025, was developed from input received by Eden Prairie Athletic Associations, Eden Prairie residents, local
organizations serving Eden Prairie residents, Eden Prairie Parks and Recreation staff, and the Parks, Recreation and Natural Resources Commission.
PURPOSE The City of Eden Prairie is committed to the overall health, safety, and well-being of Eden
Prairie residents. Providing high-quality facilities and preserving equitable sport access for Eden Prairie community athletic groups is part of this commitment and aligns with the following City Council goals.
Sense of Community: We promote a sense of community by providing recreational amenities,
programming and events for the entire community. We focus on inclusive and collaborative
community engagement initiatives.
Community Well-being and Safety: We provide unique and diverse opportunities for the
community to live well.
High Quality Efficient Services: We deliver cost-effective, efficient and responsive services to
residents and the public.
PRIORITY USE Eden Prairie’s Parks and Recreation Department develops, maintains, and manages use of City outdoor athletic facilities. Additionally, the City endeavors to ensure a high standard of organized athletic programming to the public by its user groups. This policy establishes fair, equitable, and inclusive allocation of City outdoor athletic facilities for organized play. Priority use is established through a tiered system, allowing for allocation of facilities in an organized manner.
.
Tier 1
City Programs (Examples: Parks and Recreation programs, City-sponsored or co-sponsored programs and events)
Tier 2
Eden Prairie Public School District Programs (Examples: High School athletic team practices and competitions, physical education classes). School District facilities must have a reciprocal priority agreement in place, and activities shall not be in direct competition with City- sponsored programs. Programs Serving Special Populations, including organizations serving persons with
neurodivergence and/or physical disabilities through organized sports. (Examples: Special Olympics Minnesota, Miracle League and their delegate teams serving the southwest Twin Cities Metro area.) Tier 3
Recognized Eden Prairie based nonprofit youth-serving athletic associations.
These organizations are recognized by the City as the established community providers of their
particular sport and the youth they serve (ages 18 and under) are primarily Eden Prairie residents. Organizations must maintain non-profit status, be open to all Eden Prairie residents, and prioritize rostering Eden Prairie residents. Additionally, they must have both inclusion and nondiscrimination policies in place and must address barriers to participation, including financial barriers.
As the primary organizations serving each sport, Tier 3 is provided access to facilities for as
many hours as they require to provide a quality program, subject to the limitations of available
facilities. City staff will provide fair distribution of available facilities, considering the age and
level of play of each group. Where facilities are shared across seasons, priority is given to the
sport in its primary competitive season.
● Eden Prairie Baseball Association
● Eden Prairie Fastpitch Association
● Eden Prairie Football Association
● Eden Prairie Lacrosse Association
● Eden Prairie Soccer Association
● Eden Prairie Soccer Club
● Eden Prairie Volleyball Association (beach volleyball)
● Eden Prairie Hockey Association (outdoor ice)
Sponsored Organization The City supports and invests in the long-term viability of Tier 3
organizations and their ability to serve the community. The City understands that Tier 3
organizations exist to serve Eden Prairie residents, are largely or completely administered by
volunteers, and may have limitations in capacity to solely provide competitive, traveling athletic
opportunities to the Eden Prairie community. Therefore, Tier 3 organizations may elect to
affiliate with one non-profit traveling athletics organization (Sponsored Organization). This
affiliation must be approved by the City during the annual application process.
The Tier 3 group is responsible for ensuring that the same safeguards for participant safety,
required data reporting, financial statements, and insurance coverage are in place with the
sponsored organization. The sponsored organization must prioritize rostering Eden Prairie
residents. If approved, the sponsored organization is considered an extension of the Tier 3
organization, with the Tier 3 organization responsible for their scheduling and use of Eden
Prairie facilities.
Tier 4
Private or charter schools located in Eden Prairie or those in close proximity serving
Eden Prairie students. Athletic team practices or competitions.
Tier 5
Adult-serving nonprofit athletic leagues or teams. Teams who register with their governing
league or organization with Eden Prairie as their home location (home games played in Eden
Prairie) and have Eden Prairie residents on their roster. Use may be limited on availability.
Tier 6
Other (non-recognized) youth-serving athletic organizations serving Eden Prairie youth.
Organizations registered with their league and governing body with Eden Prairie as their home
location and have Eden Prairie residents on their roster. The accepted number of organizations
and teams within each organization may be capped per sport. Use may be limited on
availability.
Tier 7
Other adult-serving athletic organizations serving Eden Prairie adults.
Organizations or leagues who provide adult athletic programming not already offered by Eden
Prairie Parks and Recreation and deemed at staff discretion to be of benefit to the community.
Emerging Sport
The City recognizes that as the community evolves, interest in sports that are not provided by
Tier 3 groups may grow. The Emerging Sport Program outlines how a sport reaches and
benefits from emerging status and provides a clear pathway to becoming a Tier 3 Recognized
Eden Prairie Athletic Association. The intent is to cultivate and support athletic opportunities to
reflect the diversity of the community.
To encourage growth of an emerging sport, the City may, at its discretion, elect to temporarily
place an emerging sports organization into a tier prior to the organization’s formal incorporation
with the State.
Single Use Rental Requests
Requests by Eden Prairie based service organizations and Eden Prairie businesses for outdoor
athletic facilities are considered single use rental requests. Refer to ‘Community Use of Parks
and Recreation Rental Facilities’ policy.
USAGE FEES
Tier 1 N/A Tier 2 No fees are charged for Eden Prairie Public Schools practices or competitions. (Fees for Section or State tournaments played in Eden Prairie, or activities offered by organizations serving special populations are determined by the Fee Resolution adopted annually by the City Council).
Tier 3 Organizations that are outdoor based are charged a per athlete/per year fee. Participant information is self-reported by the organization and is charged at the completion of their annual program season. Per-athlete fees, as well as fees for tournaments, are determined by the Fee
Resolution adopted annually by the City Council. The intent of the per-athlete fee is to recover a portion of the costs associated with facility maintenance and scheduling. Organizations that are primarily indoor based (hockey and volleyball) are not charged a per-athlete fee for occasional outdoor use. Tiers 4-7 Fees are determined by the Fee Resolution adopted annually by the City Council.
Requirements of Organized Athletic Groups
The organization must:
• meet the definition of one of the Priority Use Tiers. The City has final approval of Tier
assignments.
• complete application(s) required by the City and by the deadline.
• provide required documentation in the application. Example documentation includes but
not limited to:
o Proof of nonprofit status (if applicable)
o Bylaws
o List of current Board of Directors and their contact information
o Governing/Sanctioning body
o Participant data
o Financial statements (such as most recent IRS 990 or 1120, if applicable).
• Certificate of general liability insurance with coverage in the amount of $1,000,000 and
lists the City of Eden Prairie as additionally insured.
• Once approved for facility usage, provide live, accurate access to its detailed master
schedule.
Management of Facilities
Scheduling
The City determines a seasonal scheduling window for each Tier, which is made available during the registration process.
Permitted Use Permits issued are for the exclusive use of the specified facility by the permitted organization on the schedule. Users must remain in good standing with the City by providing accurate
information by established deadlines.
The following practices are not allowed:
• “Subleasing” of an organization’s permitted time to any other group or individual.
• Accessing facilities for organized play outside of their scheduled dates/times/locations
without prior authorization from the City.
• Intentionally over-booking to prevent others from accessing facilities.
Organizations found to be in violation of these regulations may have their facility use permit
suspended or revoked and/or additional rental fees applied.
The City reserves the right to cancel or assign alternate facilities, dates, and times due to weather or other special circumstances. Inclement weather procedures will be provided to users each season. Maximum Use City staff determines the maximum daily/weekly scheduled use of each field, and maximum use is subject to change throughout the season based on weather and facility conditions. Maximum use determinations may limit the number of organizations and/or teams permitted access. Duplication of Services Strong programs provided by Tiers 1, 2, and 3 preserve equitable access to sport opportunities for all Eden Prairie residents. The City may limit and/or deny an organization’s access to City facilities if it is determined to be a duplication of services provided by Tiers 1, 2, and 3. Tournaments Requests for the use of City facilities for tournaments are subject to fees based on the Annual Fee Resolution approved annually by the City Council. Requests are accepted during the Tier scheduling process and must be approved by the City prior to any advertisement for the tournament or clinic. The City reserves the right to determine the level of support services needed for a tournament based on the game schedule and the number of teams/spectators in attendance. Fees for these support services (field and facility maintenance, portable restrooms, lighting, traffic control) will
be estimated and communicated prior to the tournament and will be added to the facility reservation fees. Tournament organizers must ensure that any vendors brought in for a tournament (ex: food trucks, apparel) have the appropriate City permits and inspections.
Tournament cancelation due to low participation must be communicated to the City no less than 14 days before the tournament date. Cancelations after that date may result in cancelation fees.
The City reserves the right to cap the number of tournaments and revenue generating activities.
Park Regulations Participants and spectators must abide by park rules. Signs placed on City property must be
pre-approved by the City and removed by the date requested. Organizations found to be in violation of these regulations may have their facility use permit revoked and/or additional rental fees applied.
DEFINITIONS
Eden Prairie based
The organization must have a physical address in Eden Prairie or be affiliated with Eden Prairie High School. Participants in the organization must be primarily Eden Prairie residents or enrolled in an Eden Prairie school. Rosters with residency shall be made available to the City
upon request.
Eden Prairie Residents Youth who live or are enrolled in school in Eden Prairie. Adults who live or work in Eden Prairie.
Neurodivergence Traits and characteristics associated with a number of diagnoses, including autism, attention deficit hyperactivity disorder, dyspraxia, developmental language disorder, dyscalculia, dyslexia,
intellectual disability and tic disorders.
Nonprofit
The organization must be incorporated with the State of MN and have proof of nonprofit 501(C)3 status.
Organized Play This policy covers the ongoing use of outdoor City facilities for organized team sports governed by an organization or business. The rental of fields, courts or rinks for one-time use (a company picnic, for example) is not covered. One-time or occasional rentals are part of the City’s Facility Rental Policy that covers City buildings and park amenities.
Scheduled Fields and Facilities This policy covers city-owned baseball, softball, lacrosse, football, soccer, and cricket fields as
well as outdoor hockey rinks, tennis/pickleball courts and sand volleyball facilities. While maximizing access for local organizations, the City reserves the right to limit scheduled use of facilities due to maintenance, overuse or to balance their availability as public park amenities.
Tier 3 Organized Youth Athletic Associations
Athlete Fee for Recognized Youth Associations per athlete/per year $0 $10
ORGANIZED ATHLETICS
Tournament Facilities
Miller Baseball Complex (Fields 1-3)per day $375.00 $375.00
Miller Softball Complex (Fields 4-7)per day $500.00 $500.00
Miller Soccer Complex 3 fields (Fields 9-11)per day $375.00 $375.00
Miller Soccer Complex 5 fields (Fields 9-13)per day $625.00 $625.00
Flying Cloud Soccer Complex per day $625.00 $625.00
Additional Tournament Fields per day, per field $125.00 $125.00
Soccer Field Set-Up per field set-up to measure, line, stripe
different dimensions
$170.00 $170.00
Tournament Support Services
Field Maintenance Staff per staff, per half day $160.00 $160.00
On-Site Customer Service Staff per staff member, per hour $15.00 $15.00
Additional Portable Toilet per unit $50.00 $50.00
ADA Accessible Toilet per unit $150.00 $150.00
Extra Cleaning of Portable Toilets per unit -- Monday through Friday $20.00 $20.00
Extra Cleaning of Portable Toilets per unit -- Saturday and Sunday $30.00 $30.00
Extra Cleaning of Indoor Restrooms per hour (two hour minimum)$20.00 $20.00
Adult League Play
Non youth sports teams per two hour block, no additional fees for
1 hour pre- and post-game
$50.00 $50.00
Baseball/Softball
Round Lake Stadium per hour, per field $$45.00 $$100.00 $$45.00 $$100.00
Miller Softball per hour, per field $$35.00 $$75.00 $$35.00 $$75.00
Ball Field per hour, per field $$25.00 $$55.00 $$25.00 $$55.00
Grass Fields (Soccer, Football, Lacrosse, Cricket)
Miller Grass Field per hour, per field $$25.00 $$60.00 $$25.00 $$60.00
Grass Field per hour, per field $$20.00 $$45.00 $$20.00 $$45.00
Soccer Field Set-Up Request measure, line, stripe to different
dimensions (per field)
170.00 $170.00 $170.00 $170.00 $170.00
Sand Volleyball
Sand Volleyball Court per hour, per court $$15.00 $$25.00 $$15.00 $$25.00
COMMUNITY ATHLETIC FACILITY RENTAL
Community Use
Basketball, Tennis, Pickleball, volleyball per hour/per court $15 $15 $15 $15
Grass Fields and Ball Fields per hour/per field $20 $20 $20 $20
Group 3
2025 2026
Tier 3
2025 2026
Tiers 6-7
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.
2025 2026
Tiers 4-5 Tiers 6-7 Tier 3 Tiers 4-5
NOTE: Applies to Group 2 EP Businesses for single use recreational activities.
Group 1 Group 2 Group 3 Group 1 Group 2
City Council Agenda Cover Memo
Date: Jan. 21, 2025
Section: Consent Calendar
Item Number: VII.J.
Department: Parks and Recreation
ITEM DESCRIPTION
Approve the Professional Services Agreement with WSB for the design and construction
documents for the Homeward Hills Park Playground Renovation Project.
REQUESTED ACTION
Move to authorize entering into a Standard Agreement for Professional Services with WSB &
Associates, Inc. for design and plan development for the Homeward Hills Park Playground
Renovation Project at a cost not to exceed $136,267.00.
SUMMARY
Staff recommends entering into a professional services agreement with WSB & Associates for
the design, plan development and project bidding for the Homeward Hills Park Playground
Renovation Project. This project would redesign the playground area that would replace the
aging play equipment, add new features and amenities and make better use of the playground
area. The proposed project is scheduled in the Capital Improvement Program for 2025.
ATTACHMENTS
Standard Agreement for Professional Services
2021 04 22
Version 2017 06 01
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 21st day of January, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc. (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 701 Xenia Avenue South, Suite 300,
Minneapolis, MN 55416.
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 Documents and Bidding for the Homeward Hills Park Playground Renovation 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 January 21, 2025 through project bidding,
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 $136,267.00 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.
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
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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
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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
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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
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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:
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Exhibit A
Scope of Services 1. PROJECT FOCUS MEETING A. Meeting with Owner:
1) The general purpose of the focus meeting is to confirm key individuals, staff members, etc. who will be involved in the project or have information that will affect the project, and general review and discussion about the issues and concerns related to this project. We will develop a list of program elements that should be considered for the project which will serve as the foundation for the design process. 2) Summary notes will be provided to document the meeting.
2. TOPOGRAPHICAL SURVEY A. Service will include: 1) WSB will collect field data and prepare base mapping necessary to create construction documents for this project. 2) Survey limits will only encompass the areas associated with the proposed improvements. Work does not include a boundary survey. 3. WETLAND DELINEATION A. Services include: 1) WSB will complete a wetland delineation within the proposed project limits. The delineation will be performed using the US Army Corps of Engineers wetland delineation
manual and regional supplement. Any wetlands identified on site will be documented and flagged with pink pin flags. Other water resources (ditches, stormwater ponds, tributaries) will also be identified. Data from the field will be compiled in to a wetland delineation report and provided to the client for review. Following review, WSB will submit the wetland delineation report to the regulatory agencies for review and approval. Following approval, WSB will provide the client and project manager with an electronic file of the approved boundaries.
4. GEOTECHNICAL INVESTIGATION A. Services include: 1) Based upon our experience with similar projects the objectives of our geotechnical services are to perform subsurface borings, classify and analyze the soil samples, discuss groundwater issues, and prepare recommendations for subgrade preparation and a pavement section. 2) WSB will collect three soil borings and prepare a geotechnical report. The report will summarize our findings and provide a discussion of subsurface soil and groundwater conditions encountered in our borings and how they may affect the proposed construction of pavements. The report will also provide estimates of groundwater depths/elevations and a discussion of soils for use as structural fill and site fill. The report will also provide recommendations for pavement sections. 5. CONCEPT AND MASTER PLAN DEVELOPMENT A. Schematic Concept Plan 1) WSB will develop schematic concept plans for review with the client. With feedback from the client, WSB will make one round of refinements as necessary to establish a single final concept plan for development. 2) Our team will work with the program developed during the kickoff meeting to design features and amenities for the playground, splash pad and other design elements. We will work with vendors to select play elements that conform to the developed program. B. Master Plan
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1) After the schematic concept plan is confirmed with the client in the task above, WSB will make refinements based on City’s preferences, prepare written text, plans, photos, product info, and other drawings necessary to describe the design, materials, colors, textures in sufficient detail for the OWNER to grasp the appearance and function of the improvements. a. This includes review and use of appropriate design standards for listed facilities and
preparation of master plan drawings. The master plan drawings will include refined site facility layout and define preliminary design of grading, removals, site amenities, and character details as required. b. An estimate of the cost to construct these improvements will be developed based on
this master plan and product recommendations.
6. FINAL DESIGN AND BIDDING A. Construction Plans and Specifications (60%, 90%, 100% Design):
1) WSB will prepare final construction documents for the improvements based on the design development drawings WSB submitted and as approved by the City for inclusion in this project. The 100% bid documents shall include plans, details, and specifications in detail for the City to pursue competitive bids for the construction of the improvements.
Specific scope of work for this task will include: 2) Construction Plans A. Title Sheet B. Site Removals Plan C. Site Layout Plan D. Site Grading Plan 1) Erosion Control and SWPPP Plans as necessary.
2) Onsite soils are assumed to be free of hazardous materials. 3) Spot elevations for key finished grade elements. 4) ADA grading design of trails, sidewalks and other site facilities as appropriate for this project. E. Site Restoration Plan F. Playground and Splash Pad Equipment Plan
1) Playground and Splash pad equipment, surfacing, infrastructure, and installation will be purchased through Sourcewell. WSB to coordinate with playground and splash pad equipment manufacturer for flow through system and incorporation of package into final bid documents.
G. Storm Sewer and Drainage Plans and Details 1) Analysis and design of the stormwater drainage and conveyance system consistent with storm water management requirements. 2) Developing a drainage plan for the splash pad area including sizing additional storm structures as required based on LA site design. 3) BMP design as required to meet City and RPBCWD permit requirements for the disturbed area. H. Water Distribution Plans and Details
I. Electrical Plan and Details 1) Survey existing electrical service. 2) Site Lighting for park and plaza area 3) Splash Pad electrical connections
4) Mechanical (Plumbing) – water service sizing 5) Coordination with splash pad electrical requirements with Splash Pad
Designer 6) Certify Documents J. Miscellaneous Site Construction Details 3) Prepare Specifications including incorporation of City’s standard front end and design technical sections. 4) Prepare 60%, 90%, and 100% Cost Estimates.
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B. Permits (application fees not included) 1)Completion and submittal of the NPDES permit. Assumes Erosion Control Plan,
SWPPP and required erosion and sediment control details. 2)Minnesota Department of Health Permit. 3)Completion and submittal of City of Eden Prairie grading permit prior to start of construction.
4)Completion and submittal of City of Eden Prairie building permit for onsite water services only prior to start of construction.
5)Completion and submittal of technical memo and full MnRAM assessment to Riley Purgatory Bluff Creek Watershed District.
6)Stormwater Management Plan and Permit submission to RPBCCWD with one round of comment responses. C. Bidding
4. It is understood that the project will be bid as one single package. WSB will provide services for bidding associated to this project including the following: A. Advertisement for bids. B. Coordinate online plan set availability to Contractors. C. Field questions from prospective bidders. D. Issue addenda as necessary.
E. Attend the bid opening. F. Prepare tabulation of bids.
G. Prepare letter of recommendation for contract award.
5. Deliverables A. One complete paper and digital set of design development materials, construction drawings,
specifications, and final estimate of probable construction costs at 60%, 90% completion and 100% final completion.
B. Addenda during bidding. C. Bid tabulation. D. Letter of recommendation to award contract. E. Meetings 1) Two Construction Document and Cost Estimate review meeting (60% and 90%).
City Council Agenda Cover Memo
Date: Jan. 21, 2025
Section: Consent Calendar
Item Number: VII.K.
Department: Information Technology
ITEM DESCRIPTION
Update from current licensing to ESRI Enterprise License Agreement (ELA).
REQUESTED ACTION
Move to: Approve updates to ESRI Enterprise License Agreement (ELA) for annual cost of
$58,000 for a three year agreement cost of $174,000.
SUMMARY
The city has been using ESRI licensing for various GIS applications. Over the last 6 years ESRI
annual maintenance along with additional license purchases has more than doubled and
continues to increase as more users are requesting access to GIS applications and ESRI modules.
Current ESRI licensing needs to be enhanced to meet requirements of users across city
divisions. The ELA provides following benefits:
• Better load balancing on servers –currently running on more than four cores on ArcGIS
server. ELA will allow us to distribute load across additional servers as required.
• Increase in edit-level licenses for end users, each user will have their own edit license.
With current licensing, we need to move around licenses throughout the year.
• With upgrade to ArcGIS Enterprise to 11.4 planned in 2025, we will lose the ability to
use concurrent licensing and will need to procure additional licenses. With ELA, users
can have their own ArcGIS Pro license.
• Additional benefits include add-on licenses such as 3D Analyst, Data Reviewer, Spatial
Analyst and ArcGIS Monitor. Other licenses as required can be procured at a substantial
discount with an ELA in place.
IT Operational budget for 2025 ($32,000) and IT CIP for ESRI ELA in 2025 ($32,000) was
budgeted to upgrade to the ELA. IT Operational Budget for 2026 and 2027 will be updated to
$58,000 annually for ESRI ELA.
ATTACHMENTS
ESRI agreement with quote
Quotation # Q-532459
Date: September 30, 2024
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 269137 Contract #
City of Eden Prairie
Information Technology Dept
8080 Mitchell Rd
Eden Prairie, MN 55344-2203
To expedite your order, please attach a copy of ATTENTION: Zach Bodenner
this quotation to your purchase order. PHONE: 952-949-8444
Quote is valid from: 9/26/2024 To: 12/31/2024 EMAIL: zbodenner@edenprairie.org
Material Qty Term Unit Price Total
168179 1 Year 1 $58,500.00 $58,500.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
168179 1 Year 2 $58,500.00 $58,500.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
168179 1 Year 3 $58,500.00 $58,500.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
Subtotal:$175,500.00
Sales Tax:$0.00
Estimated Shipping and Handling (2 Day Delivery):$0.00
Contract Price Adjust:$0.00
Total:$175,500.00
*This quotation is being provided for budgetary purposes only. Should your organization choose to purchase the items quoted herein,
please contact me with finalized item choices and quantities for a revised quotation. You will find my contact information at the bottom
of the page.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Joe Araiza
Email:
jaraiza@esri.com
Phone:
312-609-0966 x5383
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use documentfound at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreementwith Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to yourpurchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is requiredto make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be providedand invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provideany such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US governmentprime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms andconditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All termsof this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation islimited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer,or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or releasedother than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for anyother purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.
ARAIZAJ This offer is limited to the terms and conditions incorporated and attached herein.
Esri Use Only: Cust. Name Cust. # PO # Esri Agreement #
Page 1 of 6 November 9, 2023
SMALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E214-3) This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A List of Products
Uncapped Quantities Desktop Software and Extensions (Single Use) ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise (Advanced and Standard) ArcGIS Monitor ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Additional Capability Servers ArcGIS Image Server
Developer Tools ArcGIS Runtime Standard ArcGIS Runtime Analysis Extension Limited Quantities One (1) Professional subscription to ArcGIS Developer Two (2) ArcGIS CityEngine Single Use Licenses
250 ArcGIS Online Viewers 250 ArcGIS Online Creators 37,500 ArcGIS Online Service Credits 250 ArcGIS Enterprise Creators 5 ArcGIS Insights in ArcGIS Enterprise 5 ArcGIS Insights in ArcGIS Online 50 ArcGIS Location Sharing User Type Extension (Enterprise) 50 ArcGIS Location Sharing User Type Extension (Online) 12 ArcGIS Advanced Editing User Type Extension (Enterprise)
OTHER BENEFITS
Number of Esri User Conference registrations provided annually 4
Number of Tier 1 Help Desk individuals authorized to call Esri 4
Maximum number of sets of backup media, if requested* 2
Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee
Page 2 of 6 November 9, 2023
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").
Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
(Customer)
By: Authorized Signature
Printed Name:
Title:
Date:
CUSTOMER CONTACT INFORMATION
Contact: Telephone: Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number (if applicable):
Aditi Salunke
8080 Mitchell Road
Eden Prairie, MN 55344
952-949-8520
asalunke@edenprairie.org
City of Eden Prairie City of Eden Prairie
Rick Getschow
City Manager
01/21/2025 01/21/2025
Ron Case
Mayor
(Customer)
By: Authorized Signature
Printed Name:
Title:
Date:
Page 3 of 6 November 9, 2023
1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the Master Agreement, the following definitions apply to this Agreement: "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional performance. "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Customer's organization(s). "Fee" means the fee set forth in the Quotation. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Customer during the Term of Agreement. "Master Agreement" means the applicable master agreement for Esri Products incorporated by this reference that is (i) found at https://www.esri.com/en-us/legal/terms/full-master-agreement and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri master agreement or license agreement that supersedes such electronically acknowledged master agreement. "Product(s)" means the products identified in Table A—List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Customer. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Customer's point of contact(s) to provide all Tier 1 Support within Customer's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Esri Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support.
2.0—ADDITIONAL GRANT OF LICENSE 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Customer a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the Term of Agreement (i) for the applicable Fee and (ii) in accordance with the Master Agreement. 2.2 Consultant Access. Esri grants Customer the right to permit Customer's consultants or contractors to use the Products exclusively for Customer's benefit. Customer will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Customer. Access to or use of Products by consultants or contractors not exclusively for Customer's benefit is prohibited. Customer may not permit its consultants or contractors to install Software or Data on consultant, contractor, or third-party computers or remove Software or Data from Customer locations, except for the purpose of hosting the Software or Data on Contractor servers for the benefit of Customer. 3.0—TERM, TERMINATION, AND EXPIRATION
3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Term of Agreement, unless this Agreement is terminated earlier as provided herein. Customer is only authorized to use Products during the Term of Agreement. For an Agreement with a limited term, Esri does not grant Customer an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations terminate upon expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or government-
Page 4 of 6 November 9, 2023
owned entities, either party may terminate this Agreement before any subsequent year if Customer is unable to secure funding through the legislative or governing body's approval process. 3.5 Follow-on Term. If the parties enter into another agreement substantially similar to this Agreement for an additional term, the effective date of the follow-on agreement will be the day after the expiration date of this Agreement. 4.0—PRODUCT UPDATES
4.1 Future Updates. Esri reserves the right to update the list of Products in Table A—List of Products by providing written notice to Customer. Customer may continue to use all Products that have been Deployed, but support and upgrades for deleted items may not be available. As new Products are incorporated into the standard program, they will be offered to Customer via written notice for incorporation into the Products schedule at no additional charge. Customer's use of new or updated Products requires Customer to adhere to applicable additional or revised terms and conditions in the Master Agreement. 4.2 Product Life Cycle. During the Term of Agreement, some Products may be retired or may no longer be available to Deploy in the identified quantities. Maintenance will be subject to the individual Product Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at https://support.esri.com/en/other-resources/product-life-cycle. Updates for Products in the mature and retired phases may not be available. Customer may continue to use Products already Deployed, but Customer will not be able to Deploy retired Products. 5.0—MAINTENANCE
The Fee includes standard maintenance benefits during the Term of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at
https://www.esri.com/en-us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or updates available for download. No Software other
than the defined Products will receive Maintenance. Customer may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Customer will provide Tier 1 Support through the Tier 1 Help Desk to all Customer's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. 3. At a minimum, Tier 1 Support will include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. 4. The Tier 1 Help Desk will be the initial point of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full description of each reported Case and the system configuration from the user. This may include obtaining any customizations, code samples, or data involved in the Case. 5. If the Tier 1 Help Desk cannot resolve the Case, an authorized Tier 1 Help Desk individual may contact Tier 2 Support. The Tier 1 Help Desk will provide support in such a way as to minimize repeat calls and make solutions to problems available to Customer’s organization. 6. Tier 1 Help Desk individuals are the only individuals authorized to contact Tier 2 Support. Customer may change the Tier 1 Help Desk individuals by written notice to Esri. b. Tier 2 Support
1. Tier 2 Support will log the calls received from Tier 1 Help Desk. 2. Tier 2 Support will review all information collected by and received from the Tier 1 Help Desk including preliminary documented troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required.
3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of
information, additional information, or answers to additional questions to
Page 5 of 6 November 9, 2023
supplement any preliminary information gathering or troubleshooting performed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will communicate the information to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 6.0—ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Customer's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE REQUIREMENTS 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Customer will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Customer will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration of this Agreement, Customer will provide Esri with a written report detailing all Deployments. Upon request, Customer will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Customer and provide Authorization Codes to activate the nondestructive copy protection program that enables Customer to download,
operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee up to thirty (30) calendar days before the annual anniversary date for each year. b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of invoice. Esri reserves the right to suspend Customer's access to and use of Products if Customer fails to pay any undisputed amount owed on or before its due date. Esri may charge Customer interest at a monthly rate equal to the lesser of one percent (1.0%) per month or the maximum rate permitted by applicable law on any overdue fees plus all expenses of collection for any overdue balance that remains unpaid ten (10) days after Esri has notified Customer of the past-due balance. c. Esri's federal ID number is 95-2775-732. d. If requested, Esri will ship backup media to the ship-to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Customer acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Customer will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Customer to issue a purchase order. Customer may submit a purchase order in accordance with its own process requirements, provided that if Customer issues a purchase order, Customer will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Customer will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each year. a. All orders pertaining to this Agreement will be processed through Customer's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Customer name; Esri customer number, if known; and bill-to and ship-to addresses (2) Order number (3) Applicable annual payment due
Page 6 of 6 November 9, 2023
9.0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Customer is a commercial entity, Customer will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Customer with or into another corporation or entity; (ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or terminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that portion of Customer's organization will transfer
the Products to Customer or uninstall, remove, and destroy all copies of the Products.
9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Customer will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will terminate upon such Ownership Change.
City Council Agenda Cover Memo
Date: Jan. 21, 2025
Section: Public Hearing
Item Number: VIII.A.
Department: Community Development / Planning
Julie Klima / Jeremy Barnhart
ITEM DESCRIPTION
The City has received land use applications requesting approvals necessary to subdivide the
32.11 acre parcel into 15 single family lots, a lot for a 100 unit multi-family stacked townhome
project, and several outlots for stormwater management and preserved open space.
REQUESTED ACTION
Move to:
• Close the public hearing, and
• Adopt a Resolution for a Guide Plan Change from Low Density Residential to Medium
Density Residential on 9.78 acres and from Low Density Residential to Parks & Open
Space on 12.78 acres; and
• Adopt a Resolution for Planned Unit Development (PUD) Concept Review on 8.03 acres;
and
• Approve the 1st Reading of an Ordinance for a PUD District Review with waivers on 8.03
acres and Zoning District changes from Rural to R1-9.5 on 8.03 acres, Rural to RM-2.5 on
9.78 acres, and Rural to Parks and Open Space on 12.78 acres; and
• Adopt a Resolution for a Preliminary Plat of one parcel into 16 lots and 5 outlots on
32.11 acres; and
• Adopt a Resolution In Support of Park Dedication Fees on 32.11 acres; and
• Direct Staff to prepare Development Agreement incorporating Staff and Commission
recommendations and Council conditions.
SUMMARY
Development Proposal Overview:
The project involves subdividing the 32.11 acre parcel into 5 outlots, 16 buildable lots, and
Right Of Way (ROW). The attached Planning Commission staff report provides further detail
and analysis of the project.
Single Family Lots. A new public street provides access to the dwelling units within the project
area. There are 15 buildable lots proposed for single family detached dwellings located north
of this street.
Marshall Gardens January 21, 2025 Page 2 These units will be owner occupied, and a HOA
will maintain the exterior grounds. Each of the
units will feature side loaded garages.
Multi-family Units. The property south of the
public street is being platted as a single lot to
construct a 100 unit, stacked townhome multi-
family structure. The structure, with a common
underground garage level, will appear to be 4
separate buildings above ground. In the stacked townhome concept, 6 units will share a 3-story
entrance foyer, which includes stairs and an elevator. There are 16 entrance foyers. Access
will be via a door to the north side of the building, and an elevator/ stairs at the garage level.
Individual units will have windows to the north and south sides of the building. A patio/
balcony is proposed for most units on the south side of the building.
The multi-family building is 3 stories above grade and includes a below grade parking garage
that will provide parking for 200 vehicles. Of these 200 parking stalls, 100 will be EV ready.
Handicapped and compact parking stalls are included in the total parking count. There are 47
surface lot parking spaces provided for guest parking. The project exceeds the City Code
parking requirements for a 100 unit multi-family project.
The buildings exceed the building material standards, with the exterior materials consisting of
stone, fiber cement, glass, and metal panel accents. The elevation sample below highlights the
different materials, not the colors of building. Red is the masonry, green is the metal accent
panels, cream is the fiber cement. Fiber cement is a Class I material in the RM-2.5 zoning
district. Material samples will be available at the meeting. The south roof plane will include
solar panels at the time of initial construction.
A Homeowners Association will maintain the multi-family building and the community garden
space.
The outlots each serve a specific purpose, including stormwater management and open space
preservation. Outlots A and E will be privately owned, and Outlot A will be used for the
community garden area. Outlot D will be deeded to the city for open space, protecting the
slope and vegetation in the area, allowing for an expansion of the Riley Creek conservation
area. Right of way is being provided for the new extension of Crestwood Terrace and the Dell
Road improvement project.
Marshall Gardens January 21, 2025 Page 3
The multi-family units are subject to the City’s Inclusionary Housing requirements. The
developer has elected to satisfy that requirement by payment of the fee, currently $150,000 for
each of the 10 units required. This will be due at the time of building permit.
Planning Commission Review and Subsequent Plan Revisions
The Planning Commission held a public hearing on the proposal on November 18, 2024. The
Planning Commission recommended approval of the project with a vote of 7-1. During that
meeting, residents commented on the size, traffic, parking and management of the community
garden; lack of buffer/ visual impact to existing single family homes to the north; and traffic
generated by the development in general. The Planning Commission offered suggestions to
address those concerns.
The applicant has revised the plans in response to the resident concerns and Planning
Commission comment. Most of the changes impact the layout on the north side of Crestwood,
though the garden shed building and a parking area was removed from the plans south of
Crestwood.
Original Proposal
Revised Proposal
Community garden. The revised plans shift the 15 single family homes to the west, reducing
the size of the community garden from almost 2.5 acres to about 1 acre. Reducing the garden
Marshall Gardens January 21, 2025 Page 4 area, and restricting users to only those in the development, eliminates traffic generated by the
garden, and supports stronger maintenance principals as the garden is in the users ‘front yard’.
The landscaping plan was also adjusted, adding landscaping to the community garden area
along Dell Rd and along the north property line, increasing screening in that area (green cloud,
preceding page)
Buffer from existing residences. Shifting the single family homes to the west and angling the
eastern two most lots increased the separation of the new homes from the existing homes. No
new lot will directly face an existing home. The newly created Outlot E will be private open
space and include additional buffer plantings. (Red cloud, preceding page). The Development
Agreement will include language that prohibits this area from becoming a single family
residential lot.
Waivers. Originally, 12 of the 15 single family
lots required a waiver from the lot width and
10 lots required a waiver from lot area. The
average lot width and area was 68.4 feet and
9121 sq ft, respectively.
Shifting the single family lots to the west
reduced the waivers. With the revised plan, 10
of the 15 lots require a lot width waiver and
only 4 require a lot area waiver. [Dimensions in
bold require a waiver.] The average lot width
and area increased to 76.5 feet and 10,916 sq
ft, respectively. The minimum requirements in
the R1-9.5 zoning district are 70 feet and 9,500
sq ft. In response to a waiver being requested,
all single family buildings are proposed to be
EV and solar ready.
Traffic. Some residents shared concerns of additional traffic created by the development and
distributed into the residential neighborhoods to the north and west.
Marshall Gardens January 21, 2025 Page 5 A traffic study was completed on August 27, 2024. The graphic below illustrates the distribution
of traffic from the development. The study looked at traffic forecasts per day in 2027 both in the
“build” and “no build” conditions. It is important to note that the property will likely develop in
the future, so a “no build” situation would not be realistic. Very little changes were observed in
the ‘no build’ condition besides nominal forecasted traffic growth and an estimated increase in
the use of Dell Road with the upgraded roadway connection to Flying Cloud Drive.
Marshall Gardens January 21, 2025 Page 6 The “build” condition analyzed the intersections studied with the added trips from the
development and also provided a distribution assessment of those trips throughout the area. In
the build condition, all study intersections remained at a level of service (LOS) A with only 2 side
streets tipping to a LOS B or increasing the delay by one second in the AM and PM peak. Those
were Geisler Road and Crestwood Terrace. The study concludes that no operational issues are
expected as a result of the proposed development from an intersection capacity perspective.
The additional traffic into the Geisler and Crestwood neighborhoods equates to about 10 cars
during a peak hour.
It is a goal in the City’s Comprehensive Plan to provide an efficient transportation system.
Multiple road connections, planned as part of the comprehensive plan, make the system more
efficient by improving accessibility. From an emergency management standpoint, more than one
means of egress into a neighborhood greatly improves resident safety and operations of
emergency situations and. Local roads with higher density, driveway and roadway connections
tend to see lower speeds than roads with fewer driveways and intersections. This is due to driver
awareness and the expectation of vehicle and pedestrian interaction.
Additional comments were
received from residents related
to existing and proposed traffic
on Dell Road, and concerns for
speeding, and interest in
additional stop signs. The
adjacent graphic illustrates the
expected traffic levels on Dell
Rd on all segments through
Eden Prairie.
The graphic shows the segment
of Dell between Pioneer Trail
and Flying Cloud Drive has the
lowest vehicle per day volume
off all existing Dell Road
segments.
Landscaping. The landscaping
plan was adjusted, adding
additional buffering and
screening along the north
property line and along Dell Rd.
The landscaping plan includes
overstory, evergreen, and
ornamental trees. Shrubbery,
ornamental grasses and flowers
are also incorporated into the
landscaping. The landscaping
plan exceeds the landscaping requirements for the building and for tree replacement.
Marshall Gardens January 21, 2025 Page 7
Fire. Staff and the developer are working together to address final details related to access,
communication, parking, and ventilation. These will be reflected in the final documents and in
the Development Agreement.
ATTACHMENTS
Attach 1 Resolution for Guide Plan Change
Attach 2 Resolution for PUD Concept Plan
Attach 3 Ordinance for Zoning District Change and PUD District Review with Waivers
Attach 4 Resolution for Preliminary Plat
Attach 5 Resolution supporting Park Dedication
Attach 6 Location Map
Attach 7 Planning Commission Staff Report
Attach 8 Planning Commission Minutes
Attach 9 Resident Comments
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-____ A RESOLUTION AMENDING THE
COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan (“Plan”); and
WHEREAS, the Plan has been approved by the Metropolitan Council and was placed into effect on October 1, 2019; and WHEREAS, the proposal of Marshall Gardens, by Lakewest Development, LLC
is for a Comprehensive Guide Plan Change from Low Density Residential to Medium
Density Residential on 9.78 acres, and from Low Density Residential to Parks and Open Space on 12.78 acres as legally described on Exhibit A and pictured on Exhibit B; and WHEREAS, the remaining portion of the property will remain guided Low
Density Residential.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the amendment of the Plan based on plans stamped dated December 26, 2024, and the staff report dated January 21, 2025 and
subject to Metropolitan Council approval.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of January, 2025.
___________________________
Ronald A. Case, Mayor
ATTEST:
__________________________ David Teigland, City Clerk
EXHIBIT A
COMPREHENSIVE PLAN AMENDMENT
Legal Description Prior to Final Plat
Area to be guided Medium Density Residential That part of the Northeast Quarter of the Southeast Quarter (NE1/4 of SE 1/4) of Section Thirty (30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th Principal Meridian, Hennepin County, lying easterly of the easterly right of way line of Dell Road per Document Number 3767121 and lying northerly of the following described line of the following described line: Commencing at the northeast corner of said Northeast Quarter of the Southeast Quarter; South 00 degrees 19 minutes 39 seconds East, assumed bearing along the east line of said Northeast Quarter of the Southeast Quarter, a distance of 240.45 feet to the point of beginning of the line to be described; thence South 61 degrees 26 minutes 08 seconds West, a distance of 61.38 feet; thence South 25 degrees 57 minutes 26 seconds West, a distance of 54.61 feet; thence North 87 degrees 26 minutes 13 seconds West, a distance of 109.76 feet; thence South 27 degrees 33 minutes 47 seconds West, a distance of 133.26 feet; thence South 34 degrees 38 minutes 46 seconds West, a distance of 72.45 feet; thence South 59 degrees 32 minutes 42 seconds West, a distance of 39.34 feet; thence North 77 degrees 18 minutes 26 seconds West, a distance of 12.17 feet; thence South 77 degrees 33 minutes 47 seconds West, a distance of 472.88 feet; thence South 50 degrees 17 minutes 42 seconds West, a distance of 64.83 feet; thence South 06 degrees 00 minutes 47 seconds East, a distance of 50.80 feet; thence South 55 degrees 19 minutes 39 seconds West, a distance of 142.69 feet; thence South 55 degrees 19 minutes 39 seconds West, a distance of 142.69 feet; thence South 82 degrees 33 minutes 47 seconds West, a distance of 232.78 feet to said easterly right of way line of Dell Road and said line there terminating. LESS AND EXCEPT that part lying westerly and northerly of the following described line Commencing at the northeast corner of said Northeast Quarter of the Southeast Quarter; thence North 87 degrees 26 minutes 13 seconds West, assumed bearing along the north line of said Northeast Quarter of the Southeast Quarter to the point of beginning of the line to be described; thence southerly along a non-tangential curve, concave to the northwest, having a central angle of 01 degree 12 minutes 43 seconds, a radius of 306.82 for an arc distance of 6.49 feet, the chord of said curve bears South 18 degrees 59 minutes 55 seconds West; thence southerly along a reverse tangential curve, concave to the east, having a central angle of 20 degrees 12 minutes 07 seconds, a radius of 200.00 feet for an arc distance of 70.52 feet; thence southwesterly along a reverse tangential curve, concave to the northwest, having a central angle of 93 degrees 09 minutes 38 seconds, a radius of 75.00 feet for an arc distance of 121.95 feet; thence North 87 degrees 26 minutes 13 seconds West, tangent to said curve, a distance of 148.50 feet; thence southwesterly along a tangential curve, concave to the southeast, having a central angle of 63 degrees 07 minutes 19 seconds, a radius of 125.00 feet for an arc distance of 137.71 feet; South 29 degrees 26 minutes 28 seconds West, tangent to said curve a distance of 13.17 feet; thence southwesterly along a tangential curve, concave to the northwest, having a central angle of 50 degrees 00 minutes 00 seconds, a radius of 125.00 feet for an arc distance of 109.08 feet; thence South 79 degrees 26 minutes 28 seconds West, tangent to said curve, a distance of 60.42 feet; thence westerly along a tangential curve, concave to the north, having a central angle of 05 degrees 42 minutes 38 seconds, a radius of 500.00 feet for an arc distance of 49.83 feet; thence South 85 degrees 09 minutes 06 seconds West, tangent to said curve, a distance of 75.81 feet; thence southwesterly along a tangential curve, concave to the southeast, having a central angle of 11 degrees 25 minutes 16 seconds, a radius of 500.00 feet for an arc distance of 99.67 feet; thence South 73 degrees 43 minutes 50 seconds West, tangent to said curve, a distance of 75.81 feet; thence southwesterly along a tangential curve concave to the northwest, having a central angle of 05 degrees 42 minutes 38 seconds a radius of 500.00 feet for an arc distance of 49.83 feet; thence South 79 degrees 26 minutes 28 seconds
West, tangent to said curve, a distance of 60.42 feet; thence northwesterly along a tangential curve concave to the northeast, having a central angle of 72 degrees 01 minutes 38 seconds, a radius of 125.00 feet for an arc distance of 157.14 feet; thence North 28 degrees 31 minutes 55 seconds West, tangent to said curve, a distance of 44.35 feet; thence westerly along a tangential curve, concave to the southwest, having a central angle of 62 degrees 01 minutes 56 seconds, a radius of 150.00 feet for an arc distance of 162.40 feet; thence South 89 degrees 26 minutes 09 seconds West, tangent to said curve, a distance of 57.95 feet to the said
easterly right of way line of said Dell Road and said line there terminating. Area to be guided Parks and Open Space That part of the Northeast Quarter of the Southeast Quarter (NE1/4 of SE 1/4) of Section Thirty (30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th Principal Meridian,
Hennepin County, lying easterly of the easterly right of way line of Dell Road per Document Number 3767121 and lying southerly of the following described line: Commencing at the northeast corner of said Northeast Quarter of the Southeast Quarter; South 00 degrees
19 minutes 39 seconds East, assumed bearing along the east line of said Northeast Quarter of the Southeast Quarter, a distance of 240.45 feet to the point of beginning of the line to be described; thence South 61
degrees 26 minutes 08 seconds West, a distance of 61.38 feet; thence South 25 degrees 57 minutes 26 seconds West, a distance of 54.61 feet; thence North 87 degrees 26 minutes 13 seconds West, a distance of 109.76 feet; thence South 27 degrees 33 minutes 47 seconds West, a distance of 133.26 feet; thence South 34 degrees 38 minutes 46 seconds West, a distance of 72.45 feet; thence South 59 degrees 32 minutes 42
seconds West, a distance of 39.34 feet; thence North 77 degrees 18 minutes 26 seconds West, a distance of 12.17 feet; thence South 77 degrees 33 minutes 47 seconds West, a distance of 472.88 feet; thence South 50
degrees 17 minutes 42 seconds West, a distance of 64.83 feet; thence South 06 degrees 00 minutes 47 seconds East, a distance of 50.80 feet; thence South 55 degrees 19 minutes 39 seconds West, a distance of
142.69 feet; thence South 55 degrees 19 minutes 39 seconds West, a distance of 142.69 feet; thence South 82 degrees 33 minutes 47 seconds West, a distance of 232.78 feet to said easterly right of way line of Dell
Road and said line there terminating.
LESS AND EXCEPT
That part of the Northeast Quarter of the Southeast Quartet of Section 30, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Southeast Corner of said
Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of said Section Thirty (30), and running thence west for a distance of two (2) rods; thence in a northeasterly direction to a point on said Section
Line which is two (2) rods north of the point of beginning; thence running south to the point of beginning, Hennepin County, Minnesota.
Legal Description After the Final Plat
Medium Density Residential Lot 1, Block 2, Outlot C, MARSHALL GARDENS, according to the recorded plat thereof, Hennepin County, Minnesota. Parks and Open Space Outlot D MARSHALL GARDENS, according to the recorded plat thereof, Hennepin County, Minnesota.
EXHIBIT B
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT
CONCEPT OF MARSHALL GARDENS FOR LAKEWEST DEVELOPMENT, LLC.
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 18, 2024 on Marshall Gardens by Lakewest Development, LLC and considered the 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 January 21, 2025. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie,
Minnesota, as follows:
1. Marshall Gardens is a project in Hennepin County. A portion of that project, 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 to Property as outlined in the plans stamp dated December 26, 2024. 3. That the PUD Concept meets the recommendations of the Planning Commission
dated November 18, 2024.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of January, 2025.
_______________________ Ronald A. Case, Mayor ATTEST:
______________________________ David Teigland, City Clerk
EXHIBIT A
Legal Description Prior to Final Plat
PUD: That part of the Northeast Quarter of the Southeast Quarter (NE1/4 of SE 1/4) of Section Thirty (30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th Principal Meridian, Hennepin County, lying easterly of the easterly right of way line of Dell Road per
Document Number 3767121 and lying northerly and westerly of the following described line:
Commencing at the northeast corner of said Northeast Quarter of the Southeast Quarter; thence North 87 degrees 26 minutes 13 seconds West, assumed bearing along the north line of said Northeast Quarter of the Southeast Quarter to the point of beginning of the line to be described;
thence southerly along a non-tangential curve, concave to the northwest, having a central angle of 01
degree 12 minutes 43 seconds, a radius of 306.82 for an arc distance of 6.49 feet, the chord of said curve bears South 18 degrees 59 minutes 55 seconds West; thence southerly along a reverse tangential curve, concave to the east, having a central angle of 20 degrees 12 minutes 07 seconds, a radius of 200.00 feet for an arc distance of 70.52 feet; thence southwesterly along a reverse
tangential curve, concave to the northwest, having a central angle of 93 degrees 09 minutes 38
seconds, a radius of 75.00 feet for an arc distance of 121.95 feet; thence North 87 degrees 26 minutes 13 seconds West, tangent to said curve, a distance of 148.50 feet; thence southwesterly along a tangential curve, concave to the southeast, having a central angle of 63 degrees 07 minutes 19 seconds, a radius of 125.00 feet for an arc distance of 137.71 feet; South 29 degrees 26 minutes 28
seconds West, tangent to said curve a distance of 13.17 feet; thence southwesterly along a tangential
curve, concave to the northwest, having a central angle of 50 degrees 00 minutes 00 seconds, a radius of 125.00 feet for an arc distance of 109.08 feet; thence South 79 degrees 26 minutes 28 seconds West, tangent to said curve, a distance of 60.42 feet; thence westerly along a tangential curve, concave to the north, having a central angle of 05 degrees 42 minutes 38 seconds, a radius of
500.00 feet for an arc distance of 49.83 feet; thence South 85 degrees 09 minutes 06 seconds West,
tangent to said curve, a distance of 75.81 feet; thence southwesterly along a tangential curve, concave to the southeast, having a central angle of 11 degrees 25 minutes 16 seconds, a radius of 500.00 feet for an arc distance of 99.67 feet; thence South 73 degrees 43 minutes 50 seconds West, tangent to said curve, a distance of 75.81 feet; thence southwesterly along a tangential curve concave
to the northwest, having a central angle of 05 degrees 42 minutes 38 seconds a radius of 500.00 feet
for an arc distance of 49.83 feet; thence South 79 degrees 26 minutes 28 seconds West, tangent to said curve, a distance of 60.42 feet; thence northwesterly along a tangential curve concave to the northeast, having a central angle of 72 degrees 01 minutes 38 seconds, a radius of 125.00 feet for an arc distance of 157.14 feet; thence North 28 degrees 31 minutes 55 seconds West, tangent to said
curve, a distance of 44.35 feet; thence westerly along a tangential curve, concave to the southwest,
having a central angle of 62 degrees 01 minutes 56 seconds, a radius of 150.00 feet for an arc distance of 162.40 feet; thence South 89 degrees 26 minutes 09 seconds West, tangent to said curve, a distance of 57.95 feet to the said easterly right of way line of said Dell Road and said line there terminating.
Legal Description After the Final Plat
Lots 1 through Lot 15, inclusive, Block 1, Outlot A, Outlot B, and Outlot E, MARSHALL GARDENS, according to the recorded plat thereof, Hennepin County, Minnesota.
MARSHALL GARDENS
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2025
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING
DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from
the Rural Zoning District and be placed in the R1-9.5 Zoning District, in the RM-2.5 zoning
District, and Parks/Open Space as described in Exhibit A. Section 3. That action was duly initiated proposing that the designation of the land be amended within the R1-9.5 Zoning District as -2025-PUD-_-2025 (hereinafter "PUD-_-2025”).
Section 4. The City Council hereby makes the following findings: A. PUD-_-2025 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD-_-2025 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-_-2025 are justified by the design of the
development described therein. D. PUD-_-2025 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and placed in the R1-9.5 Zoning District, the RM-2.5 Zoning District, and the Parks/ Open Space Zoning District, as noted in Exhibit A and the land
placed in the R1-9.5 Zoning District shall be included accordingly in the Planned Unit
Development PUD-_-2025 and the legal descriptions of land in each district referred to in City Code Section 11.03 shall be and are amended accordingly.
Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated entered into between ___________, and the City of
Eden Prairie, (hereinafter “Development Agreement”). The Development Agreement contains
the terms and conditions of PUD-_-2025, and are hereby made a part hereof. Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a
Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim
herein.
Section 8. The City Council determines that publication of the title and a summary of this ordinance clearly informs the public of the intent and effect of the ordinance, and directs that only the title of the ordinance and a summary attached as Exhibit B hereto be published, with
notice that a printed copy of the ordinance is available for inspection by any person during
regular business hours at the office of the city clerk. Section 9. 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 January 21, 2025, 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 ________, 2025. ATTEST:
___________________________ _____________________________
David Teigland, City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on__________________, 2025.
EXHIBIT A
Legal Description Prior to Final Plat
R1-9.5 and PUD That part of the Northeast Quarter of the Southeast Quarter (NE1/4 of SE 1/4) of Section Thirty
(30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th
Principal Meridian, Hennepin County, lying easterly of the easterly right of way line of Dell Road per Document Number 3767121 and lying northerly and westerly of the following described line: Commencing at the northeast corner of said Northeast Quarter of the Southeast Quarter; thence
North 87 degrees 26 minutes 13 seconds West, assumed bearing along the north line of said
Northeast Quarter of the Southeast Quarter to the point of beginning of the line to be described; thence southerly along a non-tangential curve, concave to the northwest, having a central angle of 01 degree 12 minutes 43 seconds, a radius of 306.82 for an arc distance of 6.49 feet, the chord of said curve bears South 18 degrees 59 minutes 55 seconds West; thence southerly along a reverse
tangential curve, concave to the east, having a central angle of 20 degrees 12 minutes 07 seconds, a radius of 200.00 feet for an arc distance of 70.52 feet; thence southwesterly along a reverse tangential curve, concave to the northwest, having a central angle of 93 degrees 09 minutes 38 seconds, a radius of 75.00 feet for an arc distance of 121.95 feet; thence North 87 degrees 26 minutes 13 seconds West, tangent to said curve, a distance of 148.50 feet; thence southwesterly
along a tangential curve, concave to the southeast, having a central angle of 63 degrees 07 minutes 19 seconds, a radius of 125.00 feet for an arc distance of 137.71 feet; South 29 degrees 26 minutes 28 seconds West, tangent to said curve a distance of 13.17 feet; thence southwesterly along a tangential curve, concave to the northwest, having a central angle of 50 degrees 00 minutes 00 seconds, a radius of 125.00 feet for an arc distance of 109.08 feet; thence South 79 degrees 26
minutes 28 seconds West, tangent to said curve, a distance of 60.42 feet; thence westerly along a tangential curve, concave to the north, having a central angle of 05 degrees 42 minutes 38 seconds, a radius of 500.00 feet for an arc distance of 49.83 feet; thence South 85 degrees 09 minutes 06 seconds West, tangent to said curve, a distance of 75.81 feet; thence southwesterly along a tangential curve, concave to the southeast, having a central angle of 11 degrees 25 minutes 16
seconds, a radius of 500.00 feet for an arc distance of 99.67 feet; thence South 73 degrees 43 minutes 50 seconds West, tangent to said curve, a distance of 75.81 feet; thence southwesterly along a tangential curve concave to the northwest, having a central angle of 05 degrees 42 minutes 38 seconds a radius of 500.00 feet for an arc distance of 49.83 feet; thence South 79 degrees 26 minutes 28 seconds West, tangent to said curve, a distance of 60.42 feet; thence northwesterly
along a tangential curve concave to the northeast, having a central angle of 72 degrees 01 minutes 38 seconds, a radius of 125.00 feet for an arc distance of 157.14 feet; thence North 28 degrees 31 minutes 55 seconds West, tangent to said curve, a distance of 44.35 feet; thence westerly along a tangential curve, concave to the southwest, having a central angle of 62 degrees 01 minutes 56 seconds, a radius of 150.00 feet for an arc distance of 162.40 feet; thence South 89 degrees 26
minutes 09 seconds West, tangent to said curve, a distance of 57.95 feet to the said easterly right of way line of said Dell Road and said line there terminating.
RM-2.5 That part of the Northeast Quarter of the Southeast Quarter (NE1/4 of SE 1/4) of Section Thirty (30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th
Principal Meridian, Hennepin County, lying easterly of the easterly right of way line of Dell Road per Document Number 3767121 and lying northerly of the following described line of the
following described line:
Commencing at the northeast corner of said Northeast Quarter of the Southeast Quarter; South 00 degrees 19 minutes 39 seconds East, assumed bearing along the east line of said Northeast Quarter of the Southeast Quarter, a distance of 240.45 feet to the point of beginning of the line to be
described; thence South 61 degrees 26 minutes 08 seconds West, a distance of 61.38 feet; thence
South 25 degrees 57 minutes 26 seconds West, a distance of 54.61 feet; thence North 87 degrees 26 minutes 13 seconds West, a distance of 109.76 feet; thence South 27 degrees 33 minutes 47 seconds West, a distance of 133.26 feet; thence South 34 degrees 38 minutes 46 seconds West, a distance of 72.45 feet; thence South 59 degrees 32 minutes 42 seconds West, a distance of 39.34
feet; thence North 77 degrees 18 minutes 26 seconds West, a distance of 12.17 feet; thence South
77 degrees 33 minutes 47 seconds West, a distance of 472.88 feet; thence South 50 degrees 17 minutes 42 seconds West, a distance of 64.83 feet; thence South 06 degrees 00 minutes 47 seconds East, a distance of 50.80 feet; thence South 55 degrees 19 minutes 39 seconds West, a distance of 142.69 feet; thence South 55 degrees 19 minutes 39 seconds West, a distance of 142.69 feet; thence
South 82 degrees 33 minutes 47 seconds West, a distance of 232.78 feet to said easterly right of
way line of Dell Road and said line there terminating. LESS AND EXCEPT that part lying westerly and northerly of the following described line
Commencing at the northeast corner of said Northeast Quarter of the Southeast Quarter; thence
North 87 degrees 26 minutes 13 seconds West, assumed bearing along the north line of said Northeast Quarter of the Southeast Quarter to the point of beginning of the line to be described; thence southerly along a non-tangential curve, concave to the northwest, having a central angle of 01 degree 12 minutes 43 seconds, a radius of 306.82 for an arc distance of 6.49 feet, the chord of
said curve bears South 18 degrees 59 minutes 55 seconds West; thence southerly along a reverse
tangential curve, concave to the east, having a central angle of 20 degrees 12 minutes 07 seconds, a radius of 200.00 feet for an arc distance of 70.52 feet; thence southwesterly along a reverse tangential curve, concave to the northwest, having a central angle of 93 degrees 09 minutes 38 seconds, a radius of 75.00 feet for an arc distance of 121.95 feet; thence North 87 degrees 26
minutes 13 seconds West, tangent to said curve, a distance of 148.50 feet; thence southwesterly
along a tangential curve, concave to the southeast, having a central angle of 63 degrees 07 minutes 19 seconds, a radius of 125.00 feet for an arc distance of 137.71 feet; South 29 degrees 26 minutes 28 seconds West, tangent to said curve a distance of 13.17 feet; thence southwesterly along a tangential curve, concave to the northwest, having a central angle of 50 degrees 00 minutes 00
seconds, a radius of 125.00 feet for an arc distance of 109.08 feet; thence South 79 degrees 26
minutes 28 seconds West, tangent to said curve, a distance of 60.42 feet; thence westerly along a tangential curve, concave to the north, having a central angle of 05 degrees 42 minutes 38 seconds, a radius of 500.00 feet for an arc distance of 49.83 feet; thence South 85 degrees 09 minutes 06 seconds West, tangent to said curve, a distance of 75.81 feet; thence southwesterly along a
tangential curve, concave to the southeast, having a central angle of 11 degrees 25 minutes 16
seconds, a radius of 500.00 feet for an arc distance of 99.67 feet; thence South 73 degrees 43 minutes 50 seconds West, tangent to said curve, a distance of 75.81 feet; thence southwesterly along a tangential curve concave to the northwest, having a central angle of 05 degrees 42 minutes 38 seconds a radius of 500.00 feet for an arc distance of 49.83 feet; thence South 79 degrees 26
minutes 28 seconds West, tangent to said curve, a distance of 60.42 feet; thence northwesterly
along a tangential curve concave to the northeast, having a central angle of 72 degrees 01 minutes 38 seconds, a radius of 125.00 feet for an arc distance of 157.14 feet; thence North 28 degrees 31 minutes 55 seconds West, tangent to said curve, a distance of 44.35 feet; thence westerly along a tangential curve, concave to the southwest, having a central angle of 62 degrees 01 minutes 56
seconds, a radius of 150.00 feet for an arc distance of 162.40 feet; thence South 89 degrees 26 minutes 09 seconds West, tangent to said curve, a distance of 57.95 feet to the said easterly right
of way line of said Dell Road and said line there terminating.
Parks and Open Space That part of the Northeast Quarter of the Southeast Quarter (NE1/4 of SE 1/4) of Section Thirty
(30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th
Principal Meridian, Hennepin County, lying easterly of the easterly right of way line of Dell Road per Document Number 3767121 and lying southerly of the following described line: Commencing at the northeast corner of said Northeast Quarter of the Southeast Quarter; South 00
degrees 19 minutes 39 seconds East, assumed bearing along the east line of said Northeast Quarter
of the Southeast Quarter, a distance of 240.45 feet to the point of beginning of the line to be described; thence South 61 degrees 26 minutes 08 seconds West, a distance of 61.38 feet; thence South 25 degrees 57 minutes 26 seconds West, a distance of 54.61 feet; thence North 87 degrees 26 minutes 13 seconds West, a distance of 109.76 feet; thence South 27 degrees 33 minutes 47
seconds West, a distance of 133.26 feet; thence South 34 degrees 38 minutes 46 seconds West, a
distance of 72.45 feet; thence South 59 degrees 32 minutes 42 seconds West, a distance of 39.34 feet; thence North 77 degrees 18 minutes 26 seconds West, a distance of 12.17 feet; thence South 77 degrees 33 minutes 47 seconds West, a distance of 472.88 feet; thence South 50 degrees 17 minutes 42 seconds West, a distance of 64.83 feet; thence South 06 degrees 00 minutes 47 seconds
East, a distance of 50.80 feet; thence South 55 degrees 19 minutes 39 seconds West, a distance of
142.69 feet; thence South 55 degrees 19 minutes 39 seconds West, a distance of 142.69 feet; thence South 82 degrees 33 minutes 47 seconds West, a distance of 232.78 feet to said easterly right of way line of Dell Road and said line there terminating.
LESS AND EXCEPT
That part of the Northeast Quarter of the Southeast Quartet of Section 30, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Southeast Corner of said Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of said Section Thirty (30),
and running thence west for a distance of two (2) rods; thence in a northeasterly direction to a
point on said Section Line which is two (2) rods north of the point of beginning; thence running south to the point of beginning, Hennepin County, Minnesota. Legal Description After the Final Plat
R1-9.5 and PUD Lots 1 through Lot 15, inclusive, Block 1, Outlot A, Outlot B, and Outlot E, MARSHALL GARDENS, according to the recorded plat thereof, Hennepin County, Minnesota.
RM-2.5 Lot 1, Block 2, Outlot C, MARSHALL GARDENS, according to the recorded plat thereof, Hennepin County, Minnesota.
Parks and Open Space Outlot D MARSHALL GARDENS, according to the recorded plat thereof, Hennepin County, Minnesota.
EXHIBIT B
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE __-2025
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 11 AND
SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This Ordinance rezones a parcel of land located at 9905 Dell Road. The ordinance re-zones the land into the R1-9.5, RM-2.5, and Parks and Open Space Districts, and designates the R1-9.5 portion of the property as a Planned Unit Development (PUD) District. Exhibit A to the Ordinance gives the full legal description of the property and identifies the portions being rezoned
into each district.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST: ____________________________ ______________________________
David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ____________, 2025.
(A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF MARSHALL GARDENS FOR LAKEWEST DEVELOPMENT, LLC
BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Marshall Gardens for Lakewest Development, LLC dated December
26, 2024, and consisting of 32.11 acres into 16 lots, 5 outlots, and right-of-way, a copy of which
is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the Comprehensive Plan Amendment, 2nd reading of the Ordinance for Zoning District changes and Planned Development District Review with waivers , and approval of the Development Agreement.
ADOPTED by the Eden Prairie City Council on the 21st day of January, 2025.
_______________________________ Ronald A. Case, Mayor ATTEST:
__________________________ David Teigland, City Clerk
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025-____ A RESOLUTION ADOPTING FINDINGS OF FACT IN SUPPORT OF PARK DEDICATION FEES FOR MARSHALL GARDENS WHEREAS, City Code Chapter 12, Section 12.40 Subd. 1 requires an owner of land being subdivided to dedicate to the public for public use as parks, playgrounds or public open space a reasonable portion of the land up to 10% thereof; and,
WHEREAS, in lieu of dedicating land, City Code Chapter 12, Section 12.40 Subd. 2; gives the City the option to require the developer to contribute an equivalent amount in cash in lieu of all or a portion of the land which the City may require such owner to dedicate in accordance with the schedule to be set by resolution of the Council;
WHEREAS, the Marshall Gardens project includes subdivision of property pursuant to City Code Chapter 12 into 15 single-family lots, 1 multi-family lot, 5 outlots and right of way (the “Project”); WHEREAS the payment of cash park fees in lieu of land dedication is appropriate given
the nature of the use on the property; WHEREAS, the City’s current fee ordinance sets the cash park fee at $6,500 per detached residential unit and $5,500 per attached residential unit, which amount was calculated in
accordance with Minn. Stat. § 462.358, subd. 2b(c);
WHEREAS, the City Council held a public hearing at its January 21, 2025 meeting;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the following findings are hereby adopted in support of the imposition of a cash park fee in lieu of land dedication as a condition of subdivision approval for the Marshall Gardens project:
1. The Project does not include available land that is suitable for parkland.
2. The Project includes the construction of 15 single-family homes and 100 attached multi-family units. Development and occupancy of the units is expected to have an impact on the City’s parks and trail system.
3. The Project is connected to a public sidewalk system providing access to a public trail
along Dell Road, Canopy Trail, and to parks and open spaces, increasing the likelihood that residents of the Project will use the City’s trails, parks, and open spaces.
4. The City has sidewalks and trails throughout the neighborhood. The City improves and maintains the pedestrian and bicycle facilities for all residents to enjoy.
5. There is an essential nexus between requiring the cash park fees for the Project and the City’s goal of providing a high-quality park system for all individuals who live or work in the City, including residents of the Project.
6. The need for parkland created by the Project is roughly proportional to the cash park fee
amount required by the City’s fee ordinance. The cash park fees will be used for future anticipated park acquisition and improvement projects in the City, pedestrian and bicycle facility improvements, and other projects to improve City park and recreational facilities that are likely to be used by residents of the Project.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of January, 2025.
__________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
David Teigland, City Clerk
DISCLAIMER: The City of Eden Prairie does not warranty the accuracy nor the correctnessoftheinformation 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:1:12,000 ²
Parcels
0 1,000
ft
MARSHALL GARDENS
Project
Location
9905 Dell Rd.
BACKGROUND
The subject property is located at 9905 Dell Road, and currently has
a single-family dwelling, agricultural buildings, farm land, and private
open space. North and west of the site is single family residential.
Northwest is Crestwood Park, and to the east is city owned preserved
natural areas. To the south is larger lot single family residential.
The northern one half of the property has been farmed for many
decades. The farmstead (house, barns and other related structures)
are located south of the farmed area, south of the farmstead area the
site drops off to Riley Creek. After crossing Riley Creek, the site
slopes back up toward Turnbull Road.
TO: Planning Commission
FROM: Jeremy Barnhart, City Planner
DATE: November 18, 2024
SUBJECT: Marshall Gardens (2024-10)
LOCATION: 9905 Dell Road
APPLICANT: Lake West Development
REQUESTS: • Comprehensive Plan Amendment from Low Density Residential
to Medium Density Residential on 8.69 acres and from Low
Density Residential to Parks & Open Space on 12.95 acres.
• Planned Unit Development Concept Plan Review on 32.11 acres
• Planned Unit Development District Review with Waivers on
7.21 acres
• Zoning Change from Rural to R1-9.5 on 7.21 acres, Rural to RM-
2.5 on 8.69 acres, and Rural to Parks and Open Space on 12.95
acres.
• Preliminary Plat of 32.11 acres into 16 lots, 4 outlots, and right
of way
• Site Plan Review on 32.11 acres
120-DAY REVIEW
PERIOD
March 12, 2025
Staff Report – Marshall Gardens
November 18, 2024
Page 2
2
The developer proposes subdividing the property into a neighborhood featuring a 100 unit multi-family
structure and 15 detached single family homes. The preliminary plat will include right of way for both
Crestwood and Dell, and 4 outlots for open space preservation and stormwater management.
The developer made conscious decisions in the planning process to limit impacts to the natural features
south of the bluff line and preserve open garden spaces. One of the outlots will preserve the bluff
leading to Riley Creek. Another outlot will be preserved for a community garden, owned and managed
by a private Homeowners Association.
Concurrent with this project, the City is redeveloping Dell Road, converting the existing section of gravel
road to a paved section, improving safety and accessibility. This improvement has been included in the
City’s Capital Improvement Plan (CIP) for many years, but has been deferred to coincide with the
development of the Marshall property. This improvement to Dell Road will unavoidably impact some
of the area south of the bluff line.
COMPREHENSIVE PLAN AMENDMENT AND ZONING
Staff Report – Marshall Gardens
November 18, 2024
Page 3
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Comprehensive Plan Amendment
The entire subject property is currently guided for Low Density Residential. Applying potential low
density residential density ratios to the gross acreage of the site, approximately 150 residential units
could be developed. The project provides for 115 dwelling units. Amending the land use guiding
facilitates additional green space preservation, adds additional variety in housing, and helps address
other city goals, including the routing of Dell Road and affordable housing.
The proposed Comprehensive Plan Amendment was distributed to 8 adjacent agencies, with comments
requested by October 12, 2024. The City received two responses, from the City of Chanhassen and
Hennepin County Transportation. Both reported no impact to their organizations.
Staff supports the Comprehensive Plan Amendment because it aids in the achievement of the goals
listed above.
Zoning Amendment
The proposed zoning amendment rezones the property from Rural to R1-9.5, RM-2.5, and Parks and
Open Space as illustrated above. The proposed zoning is consistent with the proposed land use
guidance.
PRELIMINARY PLAT
The preliminary plat subdivides the property into
16 buildable lots, 4 outlots, and right of way
(ROW). Portions of the ROW will be used for the
extension of Crestwood Terrace, connecting
Canopy Trail/Laforet Drive and Dell Road at
Crestwood Terrace. Additional ROW is provided
to accommodate the reconstruction of Dell Road,
a City led project to be constructed in conjunction
with the development.
A 8.69 acre lot is created for the multi-family
building. More information on the multi-family
building can be found later in this report.
15 single family lots are created on the north side
of Crestwood Terrace. The developer is
requesting waivers for these lots from the area
and width requirements. The reduced size supports buyers seeking single level living with minimized
exterior maintenance.
Staff Report – Marshall Gardens
November 18, 2024
Page 4
4
Of the four outlots proposed, Outlots B and C are provided for stormwater management and will be
owned by the City. Outlot A will be used as a community garden, with sub-plots ‘leased’ to
neighborhood initially, and if sites are available, to the community at large for small scale gardening.
Outlot D will be provided to the City and will be used to preserve the natural open space of this parcel
with the exception of the area needed for the City Dell Road project. The City plans to add nature trails
through the area, connecting with similar trails and sidewalks on adjacent parcels along the Creek.
None of the outlots, including the community garden, may be developed without platting. The HOA
documents and Development Agreement will illustrate the intention of the community garden and
protect it long term.
PLANNED UNIT DEVELOPMENT WAIVERS
Waivers are requested for the single-family homes north of Crestwood Terrace. The required
minimum width and area in the R1-9.5 zoning district is 70 feet, and 9,500 square feet, respectively.
12 of the 15 lots will require at least one waiver. Those lots are in bold in the table below.
The requested waivers initiate the Sustainable Building Standards for
the single-family homes, requiring EV ready parking and solar ready
construction for the homes. The waivers directly support the
community garden. If the single-family lots were larger, the
community garden size would be decreased, and shared open space
component to the project would be diminished.
Staff supports the waivers because in addition to meeting the
requirements of the Sustainable Building Standards, the developer
exceeds the requirements of usable open space, including the garden
area. The developer further proposes solar panels on the south side of
the multi-family building and 100 EV ready parking stalls in the
underground parking area. The solar panels will be installed with initial
construction.
ACCESS AND STREET CONNECTIONS
A new segment of Crestwood Trail will extend from Canopy Trail/Laforet Drive in the NE corner of the
site to Dell Road, creating a 4 way intersection at Dell Road with the existing Crestwood Trail.
Width Area
Lot 1 83 9875
Lot 2 60 8821
Lot 3 61 8608
Lot 4 60 8256
Lot 5 60 8099
Lot 6 61 8318
Lot 7 60 8765
Lot 8 60 9117
Lot 9 119 12376
Lot 10 61 8178
Lot 11 60 10026
Lot 12 60 9910
Lot 13 60 7965
Lot 14 60 7800
Lot 15 109 10711
Staff Report – Marshall Gardens
November 18, 2024
Page 5
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All developable lots will access off of Crestwood Terrace. No direct access onto Dell Rd is proposed.
The underground parking garage will have vehicular access on both the east and west sides of the
building. A single drive lane will connect these two entrances.
SIDEWALKS AND TRAILS
The existing public sidewalk on the east side of Dell Rd will extend south to the Crestwood Terrace
intersection. A new sidewalk will be added along the south side of new Crestwood, connecting to Dell
Rd and Canopy Trail/Laforet Dr. A connection to Crestwood Park is via a crosswalk at Geisler Rd at Dell
Rd.
The developer also proposes trails throughout the development, into the community garden area, and
around the multi-family building.
TRAFFIC STUDY
A traffic study was completed on August 27, 2024. The study looked at traffic forecasts in 2027 both
in the build and no build conditions. Very little changes were observed in the no build condition besides
nominal forecasted traffic growth and an estimated increase in the use of Dell Road with the upgraded
roadway connection to Flying Cloud Drive. The build condition analyzed the study intersections with
the added trips from the development and also provided a distribution assessment of those trips
throughout the area. In the build condition, all study intersections remained at a level of service (LOS)
A with only 2 side streets tipping to a LOS B or increasing the delay by one second in the AM and PM
peak. Those were Geisler Road and Crestwood Terrace. The study concludes that no operational issues
are expected as a result of the proposed development from an intersection capacity perspective.
PARKING
Parking requirements are 2 spaces per dwelling unit. One half of those spaces must be covered. Each
of the single family “villa” homes will have a two car garage and space for exterior parking in the
driveway. Because a PUD is requested for the villa homes, each building will be configured for EV
readiness.
The 100 unit multi-family building includes 200 underground parking spaces. Approximately ½ of these
spaces (those along the north wall) will be EV ready. Included within these 200 spaces are compact
stalls and ADA accessible stalls. Adjacent to the building are 58 uncovered guest parking spaces,
including 5 ADA spaces. The parking plan exceeds the code requirement.
Staff Report – Marshall Gardens
November 18, 2024
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BUILDING ARCHITECTURE AND MATERIALS
The multi-family structure looks like four separate buildings from the exterior; all buildings are
connected with a single underground parking level. The visually separated building reduces the
massing impact of a large single building. The buildings maintain a residential style, with peaks and
gables, rather than the typical flat roof seen in newer multi-family residential structures. The buildings
are sided with masonry, fiber cement siding, and glass, with metal accents. The south side of the
building will include metal railings for the elevated balconies. The building materials meet or exceed
the minimum standards of the RM-2.5 zoning district on all facades.
Each of the 4 buildings are three story, excluding the underground parking level. Two units will share a
front door/elevator foyer on each floor. (One elevator for 6 units). The elevator will go from the garage
level to the 3rd floor for each foyer area. The staircases in
every other foyer area will extend from the third floor to
the parking garage, providing fire access to all levels of the
structure, satisfactory to the Fire Department. The parking
lot adjacent to all entrance foyers are striped to prohibit
parking, to allow ease of identification and access for
emergencies and deliveries. The building height is
calculated at 38 feet, complying with the height limit of 45
feet.
Staff Report – Marshall Gardens
November 18, 2024
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The single-family homes are intended to provide single level living and feature gable roofs to mimic the
architecture of the multi-family building. The intended market is residents hoping to age in place.
Also proposed is a community ‘garden’ building
located near the multi-family building. This 800 sq ft
building can serve a variety of purposes, including
storage and space for gathering. The materials and
general design support the multi-family structure.
USABLE OPEN SPACE
The project includes 3.44 acres of outdoor and indoor open space, exceeding the code requirement,
which is 0.34 acres (150 sq ft per unit). 3.35 acres are outdoors, and include the community garden
area, grade level patios and pool, a dog park area and sidewalks and trails throughout the
neighborhood. Indoor open spaces include two community clubhouse rooms adjacent to the center
plaza and pool deck.
PHASE I ENVIRONMENTAL SITE ASSESSMENT
A Phase I Environmental Site Assessment was prepared on August 15, 2024. This assessment has
revealed no ASTM Recognized Environmental Conditions (RECs), no Controlled Recognized
Environmental Conditions (CRECs) and no Historical Recognized Environmental Conditions (HRECs) in
connection with the Subject Property.
WETLAND, SHORELAND, AND BLUFF
Development on the site is concentrated on the northern half of the site, north of the established bluff
line. In this area, no wetland has been identified. South of the bluff line is the bluff, steep slopes,
vegetated areas, and shoreland around Riley Creek. The outlot south of the bluff line, to be owned and
maintained by the city, will encompass and protect these sensitive areas. An amendment to the
Comprehensive Plan and zoning district change will further protect this area long term.
ENDANGERED, THREATENED OR SPECIAL CONCERN SPECIES
A rare species assessment was completed on May 30, 2024. Within the developable area (north of the
bluff line), the report found the Marshall Gardens project will not result in impacts to state or federal
threatened, endangered, or special concern plant species or native plant communities, based on
available information and site observations.
DRAINAGE/STORMWATER MANAGEMENT
Stormwater is managed carefully to avoid impact to the bluff. Water will be collected and routed to
one of two storm water ponds, in Outlots B and C. Both of these ponds, because they collect water
Staff Report – Marshall Gardens
November 18, 2024
Page 8
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from the public street, will be owned and maintained by the City.
UTILITIES
A new water main is proposed to connect at both Laforet Drive and Crestwood Terrace, looping that
service. An additional private water main will loop through the multi-family parking lot. Several fire
hydrants are located along these mains. A new sanitary sewer main will be installed along the new
Crestwood Terrace and will connect to an existing main along Dell Road.
TREE LOSS AND GRADING
A tree inventory of all heritage and significant trees has been completed. No heritage trees are being
removed. 871 caliper inches of significant trees are removed, mostly in the area of the existing
farmstead. Trees south of the bluff line will not be removed as part of this project, though some will
be removed as part of the City’s reconstruction of Dell Road. With credit for preserving heritage trees,
the developer is responsible for replacing 40 caliper inches of trees. These are incorporated into the
landscaping plan, many located within the buffer area along the north property line.
Staff Report – Marshall Gardens
November 18, 2024
Page 9
9
LANDSCAPING AND TREE REPLACEMENT PLAN
A landscaping plan has been
prepared and exceeds the
minimum requirements. The size
of the multi-family building
requires 754 caliper inches of
trees, the landscape plan
provides for 911 caliper inches of
trees, shrubs, and decorative
planting. Buffer plantings of
overstory and evergreen trees are
proposed along the north
property line of Lots 11-15 for
screening between the residential
neighborhood to the north.
These are the only lots directly
neighboring other residential. Additional screening is provided along the parking lot for the multi-
family building and along Dell Road.
Foundation plantings are proposed around the multi-family building, and include deciduous and
evergreen shrubs, ornamental grasses, and perennials.
The landscaping plan exceeds the minimum requirements of the City Code, though some additional
detail is required and will be provided prior to review by the City Council.
INCLUSIONARY HOUSING
The multi-family project is subject to the inclusionary housing ordinance. The developer has elected
to satisfy that requirement by payment of the fee, currently $150,000 for each of the 10 units
required. The fee in place will be due at the time of building permit.
SUSTAINABILITY
Waivers have been requested for the single-family portion of the development. Each of the homes will
be wired for EV readiness, and the structure engineered to accommodate solar panels and wiring.
According to the applicant’s narrative and plans, the following sustainable features are proposed for
this project, including:
• Solar panels on the roof of the multi-family building,
• EV capable parking
• Enrollment in Xcel Energy Design Assistance Program
Staff Report – Marshall Gardens
November 18, 2024
Page 10
10
• Energy Star appliances
• Meet existing code requirements related to energy consumption and conservation
• Preservation of significant trees where possible
• Introduction of above ground planting beds and pollinator stations
• Onsite stormwater management
• Minimizing hardcover
HISTORIC/ARCHEOLOGICAL FEATURES AND/OR STRUCTURES
The house and barn have not been designated as a local heritage preservation site, having been
surveyed in 1993. Photo documentation has been requested prior to demolition.
Being close to the river bluff, there is a potential for historical features related to prior occupancy of
the land. In the event evidence is found during construction, the developer is required to contact the
appropriate authorities through the Development Agreement, complying with state and federal
regulations.
PARK FEES
Park dedication will be required for the project, to be paid at the time of building permit.
SPECIAL ASSESSMENTS
Assessments will be required with this project. Trunk assessments at the rate of $9,630/acre will apply
to the net assessable acreage of 15.97 acres. There is a deduct for previously paid $520 on this property,
for a total trunk assessment of $153,7271.10. The property has two deferred assessments for
$1,100.23 and $20,802.87. The deferred assessments are for Green Acres Parcel and will be deferred
until loss of Green Acres Status. The deferred assessments will be due within 90 days of the property
sale. Also, the property is subject to assessments for the City’s Dell Road project. The preliminary
amount is $850,000. This assessment will be levied after completion of the Dell Rd project. Final
amounts will be determined at time of payment or finalizing the special assessment agreement.
AIRPORT
The property is in the airport safety zone for the Flying Cloud Airport. The airport had no comment on
the proposed Comprehensive Plan Amendments, and a disclosure for potential noise and other impacts
will be required of each first time resident, outlined in the Development Agreement.
SIGNS
A monument sign is anticipated for the corner of Crestwood Terrace and Dell Road. Signs are required
to comply with the applicable city code and maintenance will be the responsibility of the Homeowners
Association.
Staff Report – Marshall Gardens
November 18, 2024
Page 11
11
LIGHTING
A photometric plan has been provided for the multi-family project. The lighting plan meets the city
standards in terms of lighting levels off site.
NEIGHBORHOOD MEETING AND RESIDENT INPUT
The developer has had two neighborhood meetings. One in April as the project plans were being
developed, and one on October 9th. The developer reports the following messages received from these
meetings:
• Traffic
o One neighbor abutting Lots 14 and 15 (Villas) advocated for closing off the through
Crestwood Terrace and proposed just a trail.
o Some talked about the speeds down Dell Road and if a 4-way stop at Crestwood Terrace
would be appropriate.
• General Density concerns
• Community Gardens
o Some were not excited about this and wanted to know how it would be maintained. –
the developer drafted the letter of how this will be maintained and upkept
• Proposed SF in comparison to existing homes
o Attendees were happy that trails weren’t placed around the pond and that was
providing more separation
o Potential impact of Lots 14 and 15 on adjacent, existing residential.
One written comment has been received, and is included in the packet.
STAFF RECOMMENDATION
Staff recommends approval of the following requests:
This is based on plans stamp dated November 14, 2024, and the following conditions:
• Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential on
8.69 acres and from Low Density Residential to Parks & Open Space on 12.95 acres; and
• Planned Unit Development Concept Plan Review on 32.11 acres; and
• Planned Unit Development District Review with Waivers on
7.21 acres; and
• Zoning District Change from Rural to R1-9.5 on 7.21 acres, Rural to RM-2.5 on 8.69 acres, and Rural
to Parks and Open Space on 12.95 acres; and
• Preliminary Plat of 32.11 acres into 16 lots, 4 outlots, and right of way; and
• Site Plan Review on 32.11 acres.
Staff Report – Marshall Gardens
November 18, 2024
Page 12
12
1. Prior to the 1st reading by the City Council, the applicant must:
A. Update the landscaping plans to include labels of plant materials.
B. Updated legal description of zone change and Comprehensive Plan Amendment areas
C. Plan to show lighted pathways
D. Additional soil boring locations to be shown on grading plans. Additionally, any changes
from the findings will be required to be reflected in the stormwater report.
E. The west end of the proposed Crestwood Terrace is required to align with the existing
Crestwood terrace.
F. Incorporate the proposed ROW for the City Dell Rd project into the preliminary plat.
G. Additional detail needed for erosion control plan during construction, including temporary
outlet from Outlot C during Dell Rd construction.
H. Provide a separate exhibit with all proposed utilities demonstrating public vs private
ownership.
2. Prior to release of the final plat, the applicant must:
A. Tender a warranty deed for the outlot(s).
B. Provide an Encroachment Agreement document for review and approval by the City
Engineer. The document must be filed with the final plat.
C. Provide a figure showing public and private utility and stormwater facilities on the site.
D. Provide a Trail Easement document for review and approval by the City Engineer. The
document shall be filed with the final plat.
E. Pay trunk sewer and water charges or sign a Special Assessment Agreement.
F. Pay connection fees.
G. Submit a bond, letter of credit, or cash deposit (“security”) that guarantees completion
of all public improvements equivalent to 125% of the cost of the improvements.
H. Provide copies of legal documents, either in Association format or private covenant and
agreement format to be approved by the City that shall address the following:
• The long-term private maintenance or replacement agreement for Condominium
Building, grounds, and improvements
• The long-term management and maintenance of the community garden and garden
building.
3. Prior to land alteration permit issuance, the applicant must:
A. Obtain permits and approvals from other agencies as needed.
B. Obtain City approval of a final grading and drainage plan for the property.
C. Submit construction plans and project specifications for public infrastructure for
review and approval by the City Engineer.
D. Submit detailed utility and erosion control plans for review and approval by the City
Engineer.
Staff Report – Marshall Gardens
November 18, 2024
Page 13
13
E. Obtain and provide documentation of Watershed District approval.
F. Notify the City and Watershed District 48 hours in advance of grading.
G. Provide a construction grading limits and tree protection plan for review and approval
by the City.
H. Install erosion control at the grading limits of the property for review and approval by
the City.
I. Install fencing at the construction grading limits and tree protection areas as shown on
the approved plans.
J. Submit and receive written approval of an executed landscape agreement.
K. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of the
landscaping.
L. Provide temporary easements to do work off-site.
M. Obtain written approval of a Wrecking Permit for the removal of buildings on the
property.
N. Obtain a building permit for retaining wall construction from the City for any retaining
walls greater than four feet in height.
O. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of
the cost of the land alteration.
P. Submit a Wetland Plan for approval by the Water Resources Coordinator.
Q. Obtain an Airport Permit from the City that complies with the Joint Airport Zoning
Ordinance.
R. Provide proof that the Inspection and Maintenance Agreement for Private Stormwater
Facilities has been recorded.
4. Prior to building permit issuance for the property, the applicant must:
A. Provide proof that legal documents have been recorded.
B. Provide proof that the deeds have been recorded.
C. Provide proof that the Encroachment Agreement has been recorded.
D. Provide proof that the septic system has been removed and the well has been capped
in accordance with applicable regulations.
E. Pay the appropriate cash park fees.
F. Pay Inclusionary Housing fees equal to 10% of the units installed, at the rate in effect
at the time.
G. Provide recorded copies of all private covenants and agreements to the City following
recording of the final plat.
Staff Report – Marshall Gardens
November 18, 2024
Page 14
14
5. The following waivers are granted through the PUD for the project as indicated in the plans
stamp dated November 8, 2024.
Width Area
Lot 2 60 8821
Lot 3 61 8608
Lot 4 60 8256
Lot 5 60 8099
Lot 6 61 8318
Lot 7 60 8765
Lot 8 60 9117
Lot 10 61 8178
Lot 11 60
Lot 12 60 9910
Lot 13 60 7965
Lot 14 60 7800
6. Prior to issuance of an Occupancy Permit, the applicant must:
A. Construct the retaining wall(s) in accordance with the terms of the permit and terms
and conditions of Exhibit C.
B. Complete implementation of the lighting plan in Exhibit B.
C. Complete construction of mechanical equipment screening.
D. Install EV charging equipment that is fully operational.
E. Complete implementation of the approved exterior materials and colors plan.
F. Install the landscaping trees for tree replacement for a single-family plat.
G. Install all the features that are intended to meet the Usable Open Space requirement.
H. Install solar panels on the multi-family structure as illustrated in the Exhibit B plans.
UNAPPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, NOVEMBER 18, 2024 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Trisha Duncan, 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 Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission member Weber was absent. III. APPROVAL OF AGENDA
MOTION: Grote moved, seconded by Duncan to approve the agenda. MOTION
CARRIED 7-0.
IV. MINUTES
MOTION: Farr moved, seconded by Taylor to approve the minutes of September 9,
2024. MOTION CARRIED 7-0.
V. PUBLIC HEARINGS
A. MARSHALL GARDENS (2024-10))
Request for:
• Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential on 8.69 acres and from Low Density Residential to Parks and Open Space on 12.95 acres
• Planned Unit Development Concept Plan Review on 32.11 acres
• Zoning Change from Rural to R1-9.5 on 7.21 acres, Rural to RM-2.5 on 8.69 acres, and Rural to Parks and Open Space on 12.95 acres
PLANNING COMMISSION MINUTES November 18, 2024
Page 2
• Preliminary Plat of 32.11 acres into 16 lots, four outlots, and right of way
• Site Plan Review on 32.11 acres The applicant, Cody Dietrich of Lake West Development, displayed a PowerPoint
and detailed the application. He introduced colleague Kelsey Thompson and Lake
West owner Curt Fretham. The property was located west of Flying Cloud Airport and had been owned by the Marshall family for 70 years. It sits on the bluffs overlooking the Minnesota
River to the south. This was designated by the Comprehensive Plan as an infill
site, calling for increased density to provide housing. The applicant wishes to convert part of the site to medium density. The higher density would be kept away from the existing homes to the north.
The applicant began to work with staff a year ago, attended two City Council
workshops, held two neighborhood meetings and submitted the application in August. If approved, construction would start in summer of 2025. The northwest corner (Outlot A) would be a community garden first available to the residents of the development, then to the wider community. Outlots B and C on the northwest
side would be additional stormwater ponds. 15 villa homes would run across the
width of the development, with 60-foot lots and single-level dwellings. On the south side, the project would provide a townhome feel (Stacked Townhome Flats), with four separate buildings on top of an underground garage
to provide 100 units. There would be a pool, fire pits and other amenities. On the
west side of the property there would be a garden shed and a dog run. The bluff area would be deeded to the City, and the development provides 60 percent of the site as open green space and preserved bluff area.
During the neighborhood meeting, neighbors had expressed concern with the
proposed connection of Crestwood Terrace through the development to LaForet Drive and Dell Road. Others had commented on the separation between the single family homes and the neighborhood to the north. Dietrich provided drawings showing a 90-foot separation between the proposed and existing homes, along
with tree plantings for screening and buffering. The community garden offered
250 plots of various areas and accenting raised planter beds. It would be owned and administered by the HOA through a non-profit and a board. Dietrich displayed several renderings of the proposed development and explained the sustainable elements such as EV charging, stormwater improvements, and solar
panels on the rooves. He displayed the unit and villa floorplans and the locations
of the elevators. Farr asked for and received confirmation the flats and the villas would be all of the same color and that the units above the parking garage would be a wood-
PLANNING COMMISSION MINUTES November 18, 2024
Page 3
frame, rather than concrete, structure. He asked for the reason the backyards were not color-coded as the rest of the open space, and Dietrich explained the
backyards could not be counted in the open space calculation. Therefore, the 60 percent of open space could not include those backyards. Farr asked for and received confirmation there were two trash rooms in the basement of the flat building, requiring residents to take an elevator. He added this was outside the purview of the commission.
Duncan requested clarification on the buffer area configurations between the villa homes and the existing neighborhood. She also asked for and received confirmation the buffer areas in the development there were existing trees that might be removed. Pieper asked if east side villa units 13, 14, and 15 could be
flipped with the community garden. Dietrich replied the result would be a long and narrow garden, not feasible from a design perspective. This was a consequence of having a road through the development. He explained the noise-reduction efforts of the design.
Farr asked if twin homes were considered to match the house widths of the surrounding neighborhoods and increase the space between the twin homes. He noted there would be Comprehensive Plan and zoning issues with this change. Dietrich replied this had not been considered. Fretham replied the design was geared toward single-family homes. The final result was the most popular
compromise, as they had considered a development entirely of single-family homes as well. Barnhart added the property was guided for low-density residential, and in review staff saw the benefits of a mixed-use development while keeping single-family homes to the north.
Taylor asked for and received confirmation there were only two entrances to the garage for the flats, on the east and west. Dietrich added the garage was completely open across the building. It would hold 200 stalls, plus 50 outside for guests. The pool would only be for the HOA residents. Duncan asked for and received confirmation staff followed the guidelines of the Comprehensive Plan
from the beginning of this design which guided the site for low-density residential. Kirk added in Eden Prairie the bluff was sacred, and this development as presented protected it. Sivilay asked for and received confirmation the square footage of the foundation
was 1,700 to 1,800 square feet per unit and 3,475 square feet per loft. The villas would start at $1.2 million, and the condos would start at $900,000.00 to 1.3 million.
Barnhart presented the staff report. This development needed a number of
approvals: a Comprehensive Plan amendment; a zoning change from rural to the low- and middle-density sections and the parks and green space section instead of a straight, flat, uniform zoning; and a PUD with waivers to allow a unique infill
PLANNING COMMISSION MINUTES November 18, 2024
Page 4
development and to preserve the community garden area. There were no waivers for density, setback, or height. This was a good example of the PUD flexibility in
applying the zoning regulations to a property. He listed again the sustainable features of the application and its compliance with Eden Prairie’s affordability housing goals. The parking met City code. Staff recommended approval subject to the conditions outlined in the staff report.
Kirk asked for and received confirmation from Kelsey Thompson that the original owners of the farm made the community garden a condition of the sale. Thompson explained this was also a result of researching a community-social benefit. There was a great demand in Eden Prairie for community gardens. Grote asked how many would be individual plots versus a garden club. Thompson
replied their site plan would allow for combining plots as residents chose. Grote asked for and received confirmation a water spigot would be provided. Taylor asked for and received confirmation the plots would be assigned on a first-come, first-served basis.
Farr asked for and received confirmation there was no buffering or screening requirement with a single-family home next to another. Schulze gave the results of the traffic study. It looked at several surrounding intersections, both at build condition and trip generation. A single-family dwelling
generally generated six-10 trips per day; a multi-family building generally generated six to seven trips per unit per day. There were expecting no operational issues from the traffic study. The study concluded 700-900 trips per day, 50 each in the morning and evening peak hours. An access to the south (Dell Road) to Flying Cloud Drive was provided for the benefit of the potential new residents.
Farr asked for the construction sequencing of the road improvements versus the development itself. Schulze replied they would be simultaneous. The culvert along Dell Road would begin first in 2025, while the flats were being constructed. Farr stated he anticipated questions from neighbors north of the project and asked
if the road there could accommodate new commuters. Schulze replied they would, as this development would still generate lower traffic than the total load of those roads. Sherwood asked what the connection to Flying Cloud Drive would look like.
Schulze replied it would resemble Dell Road north of Crestwood Terrace, a thirty-foot wide collector road with a trail, completed at the end of 2026. Duncan asked for and received confirmation there were similar developments
near the bluffs but Barnhart did not have specifics about the multi-family
building. Kirk suggested Hennepin Village as an example of this. Grote asked for and received confirmation there were 3.6 homes per acre in this development, but
PLANNING COMMISSION MINUTES November 18, 2024
Page 5
was denser at the southern end (7-8 units per acres). Barnhart explained the density calculation.
Pieper opened the public Hearing Mark and Beth Reese, residents at 9744 LaForet Drive, stated they had sent a letter, which Barnhart replied he received. As residents for 22 years, their primary
concern was the amount of possible traffic with this development. 175 cars traveled from Crestwood Drive to Canopy Trail per day. The exit flow from the townhome, the most densely populated, would exit north through Canopy Trail, impacting their neighborhood. He expected ten times the current amount of traffic, and expressed concern for existing families and children along the streets.
They also objected to having to look at two houses across from them with 20-foot setbacks without trees. They requested the development be shifted 30 feet to the west or even eliminate one of the 1.3 million homes. They also objected to the fee for the community gardens. They requested Canopy Trail be closed.
Ted Mellby, resident of 1181 Germaine Terrace and a former attorney, questioned the definition of a “wavier,” calling it a “variance” and questioning its legality. He read from the staff report: “None of the outlots including the community garden may be developed without platting” and suggested the commission remove the final two words. He also requested an archeological study done to find historically
significant artifacts or features along the river bluffs, as he understood this to be a prerequisite. He also suggested the commission check this development against a copy of the airport safety zone map. Becky Somerville, resident of 9735 LaForet Drive, opposed opening Canopy
Trail, as her family had already experienced a car-pedestrian accident. She doubted the new residents would use Dell Road instead of the smaller residential roads. She feared the increase in traffic. Her son expressed concern at the 900-trip figure.
Richard Koppy, resident of 9872 Crestwood Terrace and a former city engineer, was concerned that Eden Prairie was not pulling together a cohesive plan with the development of farms and the connection of trails and pedestrian crossings. He described the message “when the farm is developed” as an answer to his question. He also expressed concern about traffic and speeds on Dell Road. He suggested a
traffic roundabout at Crestwood Terrace and Dell Road. He asked when the trail, which was not part of this development application, would be completed, as there was nothing yet proposed by the City. He also did not see the traffic produced by the community gardens as part of the traffic study. He stated he had tried to find
an example of a community garden in Eden Prairie as a reference but could not
find one. He also asked what the fee for the garden would be used for, and how it would look in the winter. He commended the development plan but wished to see more integration.
PLANNING COMMISSION MINUTES November 18, 2024
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Robert Duerr, resident of 9688 Geisler Road, echoed Grote’s question about the
actual density of the south side of the development. He questioned why the natural buffer had not been extended all the way across the length of the development, and also the affordability of the condos. He expressed concern about traffic going through neighborhoods instead of along the back of the development as planned. He urged that profit not be the driving factor.
Gupreet Vig, resident of 9727 Geisler Road, stated his concerns were addressed by previous speakers. He added he attended the two neighborhood meetings and appreciated the hard work that went into this project, but questioned the actual effect of the community garden. He wished the Planning Commission to get
answers from the developer how this non-profit development would actually work with the garden, leasing, and other essential questions. Ryan Devin, resident of 9839 Crestwood Terrace, expressed his strong concern about traffic with so many children in the neighborhood, and with the
conversation of a dirt road to a paved one, increasing both traffic and speeds. He advocated a wider study of the neighborhood environment be done. He also doubted the community gardens would be a success due to rodents and other pests. He also worried about parking, including with the dog park—parking was scarce during sports events.
Einad Ahmad, resident of 9751 LaForet Drive, expressed concern about noise from this development, as he already heard noise from Flying Cloud Drive. This development was a surprise and he worried about increased traffic.
Andrew Grabiel, resident of 9888 Crestwood Terrace, stated the aerial view did not capture the impact of the three-story buildings on the site. He asked the commission to please consider impact of traffic, as this neighborhood was not walkable to major amenities, and encourage the traffic to indeed use Dell Road.
Barbara Hamilton-Sustad, resident of 9711 Geisler Road, stated she had bought her home six months ago and knew nothing of this development, but from talking with neighbors, found the proposal more aggressive than discussed last year. She added the rendering was deceptively creating more space between buildings than there would be. Many ash trees were dead or dying and would soon be removed,
so residents would be staring at bare buildings. She agreed the situation could be worse but did it need to be this big. She pleaded for the commission to consider the impact of traffic on the children. She asked that something done across the whole north line because with this development the aesthetic would change.
MOTION: Grote moved, seconded by Duncan to close the public hearing. Motion carried 8-0.
PLANNING COMMISSION MINUTES November 18, 2024
Page 7
Kirk explained the commission members were volunteers. Being the senior member on the commission, two things he had learned: City staff spent a lot of
time and resources doing its due diligence, and the owner of the property had a right to sell, as the neighbors had rights to speak and seek changes, and a good balance was ideal. The commission’s job was to find a compromise and a balance and take this to a vote, though tonight’s vote was not final—the City Council would subsequently hold a public hearing, listen to residents’ concerns, and take
the final vote. There were a lot of factors to be taken into consideration, and the best solution may not please everyone. Farr noted two recurring concerns: traffic and lack of detail in the garden plan. He appreciated the question of what the garden would look like in the winter. He
suggested the commission could offer comments to the applicant regarding the garden to result in a more detailed concept. He suggested a proof-of-parking plan. Regarding traffic, he stated the streets in Eden Prairie were overdesigned and had more than enough capacity for cars. The new residents of this development would become the new neighbors of the current residents, and he warned against this
becoming an adversarial situation. Dietrich added the construction of the community garden would be in phases broken into four quadrants, and until that time it would remain an open green space, with additional trees planted to make it more pleasing, as referenced in
their memo to staff. The garden would be operated by the non-profit, and there would be an initiation fee plus a multi-year lease structure, and the leasees would be responsible for the gardens, otherwise the owners would be notified their garden was in violation. The garden space would have fencing around it, be tilled at the start of the year, then cleaned up in autumn and tilled at end of year. There
would be 30 or 40 public parking spots for that garden. The dog run would be private and administered by the HOA. Thompson added she was working with a Master Gardener at the Minnesota Landscape Arboretum on best practices and planned to plant more climate-
resilient plants. There were backup plans if the community garden was not in demand. During the winter, the space would hold snow. Dietrich added there would also be perimeter plantings, avoiding the utility easements, of course. The residents would be free to either plant vegetables or flowers. The City was not interested in acquiring the land. The garden could be tweaked to suit the needs of
the community. Duncan stated she had not seen that memo in the commissioner’ packet, and Barnhart stated he had received it but warned the commission against exceeding
its purview in getting into these HOA level details; staff would work with the City
Council on certain matters.
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Page 8
Farr encouraged the developer to show more creativity with the community garden design. The layout was very efficient but somewhat sterile, and it needed a
guided principle plan and input from a landscape architect, and more trees. Taylor asked if there were other options to the garden. Dietrich replied there would be three to five more homes and green space. Sherwood suggested the applicant remove the garden, move the villas to the west,
rework the plan, and move the whole concept to the south. Sivilay noted with a move south the development could tear into the bluff trees. Taylor observed a shift to the west reduced the size of the garden. Farr suggested trading the green space at Crestwood Terrace for the backyard at units 13, 14, and 15. Dietrich replied the resulting front setback would trigger more waiver requirements.
Barnhart counseled the commission to identify the major concerns for the City Council, not redesign the development at the dais. Duncan asked for and received clarification the garden space was needed to balance the waivers. Kirk asked for and received clarification such waivers on an
infill project were not unusual. Thompson stated what set this development proposal apart from the others proposed at this site was the green space that could be enjoyed not only by the residents but by the larger community. Farr asked Schulze to comment on the road through the development. Schulze
replied it followed City specifications and the Comprehensive Plan, and it was always the preference to make any road accessible rather than terminating in a dead end. Parking would be allowed along the side of the road. Discussion followed on the connection to Dell Road. Farr stated he interpreted the applicant’s plans for the garage as allowing two-way traffic, and Dietrich confirmed this. He
added he expected residents to be mostly empty-nesters. Farr also addressed the consolidation of projects: the private application was before the commission tonight, whereas the public improvements did not usually come before the Planning Commission. Private development could trigger public improvements, but they often occurred separately.
Taylor asked for and received confirmation the snow removal on Crestwood would be the City’s responsibility, being a public road, whereas all other removal would be the responsibilities of the HOAs. Schulze confirmed the project had snow storage areas.
Duncan asked for what was and was not allowed regarding the proximity of the airport. Barnhart replied the development was located far enough from the airport that noise would be the only issue. There will be a notification to that effect in the
Development Agreement. Pieper asked what would happen if the gardens did not
work out and the applicant wished to build more homes instead. The lor would need to be replatted, but Barnhart stated he did not see that as a development
PLANNING COMMISSION MINUTES November 18, 2024
Page 9
option, and he encouraged the applicant to get all questions answered before final approval.
Kirk stated for the current neighborhood residents that, as random as some of these points may have seemed to be, this was a healthy and appropriate discussion. Every development was a balance, and the owner of the property needed to get a fair deal, as this was their retirement money, and every developer
needed a threshold of units to pay for the development, as well as to make a certain profit. He commended this development, which focused on ensuring the bluffs would be protected. Farr stated he found this to be an exciting architectural opportunity that veered
away from conventional three story structures. He commended the gable design and character depth, and appreciated the thought that went into this. This would be a successful project. Pieper echoed Farr’s comments. He added he disagreed with the through road but
supported the project. MOTION: Kirk moved, seconded by Farr to recommend approval of the Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential on 8.69 acres and from Low Density Residential to Parks & Open Space
on 12.95 acres; and Planned Unit Development Concept Plan Review on 32.11 acres; Zoning Change from Rural to R1-9.5 on 7.21 acres, Rural to RM-2.5 on 8.69 acres, and Rural to Parks and Open Space on 12.95 acres; Planned Unit Development District Review with waivers on 7.21 acres, Preliminary Plat of
32.11 acres into 16 lots, four outlots, and right of way; Site Plan Review on 32.11 acres, as represented in the November 18, 2024 staff report subject to the conditions listed in the staff report. Motion carried 7-1 (Grote). PLANNERS’ REPORT
MEMBERS’ REPORTS Farr announced Eden Prairie resident Mark Weber wrote an in-depth historical article in the Eden Prairie Local News how Eden Prairie accumulated its open
space over the decades and invited commissioners to read it.
VI. ADJOURNMENT MOTION: Taylor moved, seconded by Sherwood to adjourn. Motion carried 8-
0. The meeting was adjourned at 9:37 p.m.
From:Richard Koppy
To:Jeremy Barnhart
Subject:Re: Re:
Date:Tuesday, November 12, 2024 1:34:36 PM
Jeremy, sorry that I am late with this email regarding the development project on Dell Road,
the 35 acre farm property. I will try to keep it succinct. Before I begin, a couple of notesabout my past experiences. I was City Engineer/Director of Public Works in St. Louis Park
for 12 years, and I owned my own Civil Engineering/Landscape Architecture business for 15years, RLK Associates. I have been retired for several years, but I add this information to
make you aware that the land development business is in my blood. Now to get on with mycomments about this development proposal. I have attended two neighborhood meetings
hosted by the developer and one solo meeting with his staff. The last neighborhood meetingwas about one month ago at City Hall. I am not aware of any City staff members at any of
these meetings. So, my comments may be foreign to you, but they represent what I believecame out of these meetings overlayed with my personal view.
1) Dell Road --- I think it is important that the City staff show the design concepts they
envision for Dell Road. I questioned the developer on these plans. His response was thedesign is being handled by the City and he doesn't have specific knowledge of the design
proposal. Design plans of this roadway are key to this project. I suspect that the design willbe similar to what is already on Dell Road between Pioneer Road and the development site.
There are two big concerns... first is the traffic volumes on Dell Road. Hopefully, opening itup to Flying Cloud Drive with a completely paved surface and smoother route will not
encourage cut through traffic. It is essential that speeds on Dell Road be considered. I haveseen automobiles travelling at excessive speeds as I walk my dog along the completed section
on the sidewalk or trail. Without any traffic controls, this could be a major problem. Irecommend staff review traffic islands at Stable Path and at the proposed developments entry.
Not only would they help control the traffic, but they could be designed with landscapingamenities that would be an added attraction to our neighborhood.
2) Landscaping --- The proposed development is the last undeveloped area in this
neighborhood that will be developed. It is also a very unique and beautiful 35 acres. The Cityneeds to keep in mind that landscaping and public amenities should be much better here than
what was done in the new development on Pioneer Road and Dell Road and in thedevelopment on the north perimeter of the Crestwood Park.
3) Connection to Park east of the 35 acre site from the Crestwood neighborhood -- there
should be a sidewalk connecting the park to Dell Road. Ultimately, we understand there willbe a trail along Riley Creek, but that could be many years in the future. Sidewalks and trails
in this neighborhood are abundant and well utilized. This is a very important element that wasdiscussed at the neighborhood meetings.
4) Rezoning for 115 units seems excessive. That is 3-4 units per acre which is much more
dense than the surrounding area. I believe this should be reduced.
5) Housing adjacent to the north perimeter of the site seems adequate if you believe the simplerenderings we have seen. The existing residents to the north want single family residential
properties to be developed in this adjacent land. I implore the City to uphold the architecturalstandards of the neighborhood as the developers proposal is analyzed. The 15 units that are
shown should have higher standards than the units planned for the recent Dell Road/Pioneer Road development and the development north of Crestwood Park completed a couple years
ago. If the housing density is going to be increased, the three level structures along Riley Creek should be architecturally upgraded from what is shown in the renderings. This is one of
the most beautiful areas of the City with the topography, existing landscaping, Riley Creek, and the existing high valued real estate. We should demand the highest standards for the
density that is proposed.
6} Community Gardens -- We have been shown plans with the Gardens shown in the Northwest corner of the development adjacent to the entry to the site and Dell Road. Requests
for more information on how these will work and examples of community gardens in other parts of Eden Prairie have not been revealed by the developer. He has indicated that the City
staff requested the community gardens be included in the proposal. We need much more information with examples to review before this will be happily accepted by the existing
neighborhood. Simply calling it open space is not adequate.
Thank you for the opportunity to present these views of what I have heard from other participants of the neighborhood meetings plus my personal observations. I look forward to
the Planning Commission meeting on November 18th with the opportunity to hear more information about the development proposal.
Richard Koppy
Resident at 9872 Crestwood Terrace
1
Jeremy Barnhart
From:Beth Reese <bethareese@yahoo.com>
Sent:Friday, November 15, 2024 2:44 PM
To:Jeremy Barnhart
Subject:Marshall Gardens--effects on 9744 Laforet Drive
To Jeremy Barnhart and To Whom This May Concern: Per my conversation with Jeremy Barnhart this morning, Friday November 15, 2024 I am writing this letter to address mine and my husbands concerns regarding the proposed Marshall Gardens development located directly behind our house, 9744 LaForet Drive, Eden Prairie, MN. We have lived here since December of 2002. During the past twenty two years we have enjoyed a peaceful and beautiful prairie-style setting encompassing our entire backyard view. We have several large two-story picture windows that face out towards this farmland. While there was a mature single row of trees that lined our backyard, in the past twelve months many of these trees have mysteriously died due to an elm/ash disease and now only a small percent of their summer foliage provides any privacy from the proposed development.
From the diagrams provided to the neighbors both at the city planning meetings and via the city website it is clear to me that the new proposed development being introduced by Lake West is NOT taking into consideration the loss of value to our homestead as a result of the Marshall Garden
housing development. My property line is the only property that will be encroached with not one but two housing villas, each with a zoning set-back of only twenty feet. In addition to the two encroaching houses that encumbers my house and to which no other houses in my existing development must face with this minimal zoning set-back, there is also a proposed street connection to Canopy Trail right beside my house which as of now is a dead end. If this street is allowed to be
expanded there would be a significant increase in the volume of traffic. With the heavy flow of more traffic will come a great deal of noise, congestion and a safety risk to all of our neighbors who for over twenty years have enjoyed a very peaceful and quiet neighborhood. If this road connection is approved and the zoning law is increased from low density to Medium density the potential for 300+ cars a day would pass by our house and through our existing neighborhood.
I am wring this letter to make our voice heard and our desirers known, the proposed type of zoning, Medium density, is not wanted. There are NO retail amenities within walking distance. The closest
gas station and retail stores are 2.6 miles from here meaning anytime some one wants something a
vehicle will more than likely be used. This type of density belongs closer to where retail stores are located or where streets have been adequately designed to handle the significant increased traffic flow and not in a peaceful, well established neighborhood which fosters to young families whose children are often found crossing the street or even used to play games.
At a minimum, our main request to be addressed is: to please consider moving the location of the first proposed villa house, which as planned would look directly into our house, over to the west at least 25 feet towards Dell Road, thus creating a more open and appealing staggered view. This would
benefit both the proposed housing plat and our existing housing plat. No one wants a view that faces directly into someone else's house! This would be much more aesthetically pleasing to future buyers and help to maintain current housing valuations. By moving the start of the row of villas more to the
2
east a greater density of trees could be planted to buffer our views into each others household. And it would create a safer set back to the busy new street connecting with Canopy Trail. Thank you for your allowing me to express my concerns and for hopefully making this minor adjustment to the proposed development. Sincerely,
Mark and Beth Reese 9744 LaForet Drive Eden Prairie, MN 55347
612-210-1996 bethareese@yahoo.com
From:Cindy / Scott Leverenz
To:Jeremy Barnhart
Subject:9905 Dell Road project
Date:Monday, November 18, 2024 5:07:19 PM
Good afternoon,
I have concerns regarding the 115 housing project on the Marshall Farm.
First, that property is currently zoned as Low Density Residential. That would indicate
1 to 5 units per acre of single family housing. The current building proposal is for that
of Medium Density Residential, which has with a higher number of units per building
acre and residences that are stacked and have shared common entrances and
amenities.The developers have indicated that they anticipate the primary buyers would be
retired Eden Prairie residents who want to remain in the community but don't want the
yard maintenance. This area is miles from public transportation, shopping, or dining
that would attract the kind of anticipated residents that they speak of.Having 115 units on that property would increase the traffic a significantly in what is
currently a quiet neighborhood. Additionally, some of the current homes, particularly
towards woods, will have homes built very close to their back yards. This would likely
negatively decrease current home values, while the anticipated development of curband gutters on Dell Road would be reflected in tax increases.
Thank you for considering the current residents' concerns.
Cindy Leverenz
From:jlfrem@icloud.com
To:Jeremy Barnhart
Subject:Comments re: Jan. 21 Marshall Gardens City Council Public Hearing
Date:Tuesday, January 14, 2025 11:45:31 AM
Attachments:Marshall Farm Dev Concerns.docx
Importance:High
Hello Mr. Barnhart -
Please distribute these comments into the Eden Prairie City Council meeting packet for
the Public Hearing to be held on January 21, 2025, at 7 p.m. At the City Center.
I have attached an MS Word document as well as the copied text below.
===============
Here are a few concerns and questions in regards to the city’s plan to build 100
townhome units plus 15 single-family homes on the 32-acre Marshall family farm at
9905 Dell Road:
a. Concern 1: If the plan is to have at least another 100+ vehicles (andperhaps double that if 2 cars per unit) driving the stretch of road from
Marshall Farm Gardens onto Dell Road toward Pioneer, to then meet upwith the New Pulte development with 20+ units – it seems hard to imagine
that there wouldn’t be some sort of congestion problem. The current city’swebsite indicates that there was a traffic study that was done during the
past summer vacation that determined there should be no problem withthe additional car traffic.
i. Question 1: Could the city please share the actualinterpreted and projected traffic study results with
the community?
a. Concern 2: There are currently no stop signs the entire way down DellRoad from Marshall Farm Gardens, past Stable Path, Geisler Road,
Jonathan Lane, Laforet Drive, Haralson Drive, Hackberry Court, WiedmanWay, to Pioneer.
i. Question 2A: If this development plan is continuedas currently planned, can we please have stop
signs installed on Dell Road at every corner forsafety purposes? This would reduce the constant
speeding that happens on Dell Road now.ii. Question 2B: In addition to question 2A above, was
there any other study to see if traffic would besafer and less congested by directly connecting
Dell Road from near Marshall Farm Gardens intoStable Path, which only has 2 blocks to get to
Pioneer? Dell Road could easily be straightened outto connect directly with Stable Path, thereby
addressing many of the community’s traffic concerns
regarding congestion at the junction of Dell Road andPioneer.
a. Concern 3: If the plan is to develop a setting for “empty nesters”, it seems
a bit strange that all of the units are selling for $900K and up. Many emptynesters that live in or near Eden Prairie would like to entertain the idea of
downsizing from their current large two-story homes into one of theplanned units, but they are not going to move into one for a million dollars
or more (plus a hefty HOA payment each month).i. Question 3: If this is really going to be for empty
nesters, will there be some sort of criteria of proofthat has to be met before a person is allowed to
buy a unit?
Thanks, Concerned Neighbor
City Council Agenda Cover Memo
Date: Jan. 21, 2025
Section: Payment of Claims
Item Number: IX.
Department: Administration / Finance
ITEM DESCRIPTION
Payment of Claims
REQUESTED ACTION
Move to approve the payment of claims as submitted (roll call vote).
SUMMARY
Checks 314740-314949
Wire Transfers 10950-11028
ATTACHMENTS
Check Register
Check Summary
Department Amount Department Amount
000 General 12,906 315 Economic Development 207
100 City Manager 237 435 2008B G.O. Improvement Bonds 147
101 Legislative 105,944 446 2014A G.O. TAX ABATEMENT BONDS 200
102 Legal Counsel 36,323 448 2016A GO BONDS - WEST 70TH ST.147
110 City Clerk 63 Total Debt Service Fund 700
111 Customer Service 444
113 Communications 1,290 308 E-911 11,721
114 Benefits & Training 6,343 502 Park Development 6,363
131 Finance 281 509 CIP Fund 88,833
132 Housing and Community Services 14,176 522 Improvement Projects 2006 402
133 Planning 30 526 Transportation Fund 4,290
136 Public Safety Communications 1,058 543 Police Remodel 2,440
138 Community Development Admin.9 Total Capital Project Fund 114,049
150 Park Administration 415
151 Park Maintenance 24,831 601 Prairie Village Liquor 50,927
154 Community Center 69,314 602 Den Road Liquor 59,436
155 Beaches 119 603 Prairie View Liquor 36,105
156 Youth Programs 3,831 605 Den Road Building 237
157 Special Events 80 701 Water Enterprise Fund 221,394
158 Senior Center 1,610 702 Wastewater Enterprise Fund 404,838
159 Recreation Administration 183 703 Stormwater Enterprise Fund 43,060
160 Therapeutic Recreation 822 Total Enterprise Fund 815,997
162 Arts 77
163 Outdoor Center 1,717 802 494 Commuter Services 35,830
168 Arts Center 4,426 804 Historical Culture 1
180 Police Sworn 34,797 820 Fencing Consortium 380
184 Fire 19,664 807 Benefits Fund 1,726,075
186 Inspections Admin 1,724 818 Dental Insurance 1,914
200 Engineering 11 812 Fleet Internal Service 216,584
201 Street Maintenance 34,875 813 IT Internal Service 93,905
202 Street Lighting 68,140 815 Facilities Operating ISF (56,646)
Total General Fund 445,740 816 Facilities City Center ISF 14,216
817 Facilities Comm. Center ISF 62,984
301 CDBG 83,170 Total Internal Svc/Agency Fund 2,095,243
303 Cemetery Operation 143
Total Special Revenue Fund 83,313
Report Total 3,555,043
CHECK SUMMARY REPORT FOR CITY OF EDEN PRAIRIE
1/21/2025
Vendor Name Amount Account Description Business Unit Comments
HEALTHPARTNERS 399,595.88 Insurance Health and Benefits January 2025 Premium
METROPOLITAN COUNCIL 396,352.41 MCES User Fee Wastewater Collection Wastewater Svc Fee Feb 2025
UKG INC 354,936.96 Taxes Withheld Health and Benefits Payroll Taxes PR Ending 11.29.24
UKG INC 323,557.29 Taxes Withheld Health and Benefits Payroll Taxes PR Ending 12.13.24
PUBLIC EMPLOYEES RETIREMENT ASSOCIATION 258,383.39 PERA Health and Benefits PERA PR Ending 11.29.24
PUBLIC EMPLOYEES RETIREMENT ASSOCIATION 233,257.86 PERA Health and Benefits PERA PR Ending 11.15.24
XCEL ENERGY 185,924.73 Electric Various Funds Electric Bills
RUFFRIDGE JOHNSON EQUIPMENT CO INC 118,300.00 Autos Fleet - Public Works Streets Water Truck
WEST HENNEPIN AFFORDABLE HOUSING LAND TR 81,000.00 OCS - Other Contracted Services CDBG - Public Service
BLAKEBOROUGH HARDSCAPES 80,575.00 OCS - Other Contracted Services Capital Impr. / Maint. Fund
US BANK - CREDIT CARD MERCHANT ONLY 67,869.42 Various Various Funds
JOHNSON FITNESS & WELLNESS 52,415.00 Capital Under $25,000 Fitness Center
ABM EQUIPMENT LLC 44,657.00 Autos Fleet - Public Works
LEAGUE OF MINNESOTA CITIES 38,487.00 Dues & Subscriptions City Council
FITZGERALD EXCAVATING & TRUCKING INC 38,019.45 Improvement Contracts Stormwater Capital
GREGERSON ROSOW JOHNSON & NILAN LTD 36,368.14 Legal Legal
BEAUDRY OIL & PROPANE 35,651.27 Motor Fuels Fleet Operating
POLCO 35,400.00 OCS - Other Contracted Services City Council
EMPOWER 35,093.22 Deferred Compensation Health and Benefits
UKG INC 34,683.12 Taxes Withheld Health and Benefits
EMPOWER 30,768.71 Deferred Compensation Health and Benefits
CENTERPOINT ENERGY 26,126.83 Gas Various Funds
ICMA RETIREMENT TRUST-457 25,555.59 Deferred Compensation Health and Benefits
HAWKINS INC 23,843.80 Chemicals Water Treatment
WALL TRENDS INC 23,711.25 OCS - Building Ice Arena Maintenance
XIGENT SOLUTIONS LLC 23,195.94 Software Maintenance IT Operating
GRAYMONT 22,387.89 Chemicals Water Treatment
JOHNSON BROTHERS LIQUOR CO 21,635.18 Liquor Product Received Liquor Funds
ICMA RETIREMENT TRUST-457 19,896.08 Deferred Compensation Health and Benefits
CAPITOL BEVERAGE SALES LP 19,502.95 Liquor Product Received Liquor Funds
BREAKTHRU BEVERAGE MN WINE & SPIRITS 17,438.84 Liquor Product Received Liquor Funds
SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 17,380.55 Liquor Product Received Liquor Funds
PAYCHEX 16,958.78 Wages and Benefits 494 Corridor Commission
CITY OF EDEN PRAIRIE 16,193.00 Dues & Subscriptions Various Funds
SMSC ENTERPRISES 16,179.75 OCS - Other Contracted Services Yard Waste Site
BREAKTHRU BEVERAGE MN BEER LLC 16,075.10 Liquor Product Received Liquor Funds
TARGETSOLUTIONS LEARNING, LLC 14,153.02 Software Maintenance IT Operating
WEX 13,662.53 Health Savings Account Health and Benefits
XCEL ENERGY 13,128.98 Electric Various Funds
BADGER METER 12,884.95 Telephone Water Metering
INDEPENDENT EMERGENCY SERVICES LLC 11,124.00 Capital Under $25,000 E-911 Program
SOUTHWEST SUBURBAN CABLE COMMISSION 10,712.00 Dues & Subscriptions City Council
MUNICIPAL LEGISLATIVE COMMISSION 10,500.00 Dues & Subscriptions City Council
SENIOR COMMUNITY SERVICES 9,625.00
US BANK - CREDIT CARD MERCHANT ONLY 9,089.42
HEALTHPARTNERS 7,629.88
CUMMINS SALES AND SERVICE 7,116.80
STALKER RADAR 6,870.00
ACT RESTORATION 6,782.50
HEALTHPARTNERS 6,761.34
ISG 6,362.50
NATIONAL LEAGUE OF CITIES 6,356.00
PHILLIPS WINE AND SPIRITS INC 6,091.56
LOGIS 5,732.50
MARTIN-MCALLISTER 5,625.00
ARTISAN BEER COMPANY 5,031.71
HEALTHPARTNERS 4,822.06
CASTRO CLEANING LLC 4,600.00
WATERSHED PARTNERS 4,500.00
U.S. BANK - I-494 PURCH. CARD 4,413.26
NAC 4,358.20
TRAFFIC CONTROL CORPORATION 4,290.00
PAUSTIS & SONS COMPANY 4,090.50
ASPEN MILLS 3,726.10
T-MOBILE 3,663.47
IMPACT PROVEN SOLUTIONS 3,474.57
METERING & TECHNOLOGY SOLUTIONS 3,449.48
BOLTON & MENK INC 3,344.50
HENNEPIN COUNTY TREASURER 3,299.00
CHECK REGISTER FOR CITY OF EDEN PRAIRIE
1/21/2025
INVOICE CLOUD INC 3,251.25
CARVER COUNTY 3,000.00
WEX 2,780.66
DEALER AUTOMOTIVE SERVICES INC 2,735.00
BAYCOM INC 2,682.00
THE ADVENT GROUP 2,604.93
MEGA BEER 2,560.30
TYLER TECHNOLOGIES INC 2,480.00
BERGMAN LEDGE LLC 2,428.00
AFFEKTIVE SOFTWARE LLC 2,377.11
DG MINNESOTA CS 2021 LLC 2,375.44
HOMELINE 2,375.00
STREICHERS 2,335.78
U.S DEPARTMENT OF AGRICULTURE 2,287.79
DOMACE VINO LLC 2,271.00
STREICHERS 2,262.73
HENNEPIN COUNTY ACCOUNTS RECEIVABLE 2,196.84
ONWARD EDEN PRAIRIE 2,125.00
WINE MERCHANTS INC 2,121.90
BLOOMINGTON, CITY OF 1,950.00
HOHENSTEINS INC 1,948.50
FASTENAL COMPANY 1,933.95
MOVEFWD INC 1,875.00
CDW GOVERNMENT INC.1,869.06
SCHERER BROTHERS LUMBER CO 1,760.69
Q3 CONTRACTING INC 1,605.10
HIGHWAY 5 BP 1,589.00
PETERSON COUNSELING AND CONSULTING LLC 1,585.00
GRAINGER 1,578.05
CLEAR RIVER BEVERAGE CO 1,563.41
SHIRAZI ELHAM 1,500.00
FAT PANTS BREWING CO LLC 1,490.00
TOTAL MECHANICAL SERVICES 1,480.25
SUMMER LAKES BEVERAGE LLC 1,435.50
VARITECH INDUSTRIES INC 1,419.07
CHASE 1,389.86
CENTURYLINK 1,318.24
NEW FRANCE WINE COMPANY 1,293.50
US BANK 1,280.00
VINOCOPIA 1,247.50
A CLEAR SOLUTION AUTO GLASS REPAIR 1,234.05
J&W INSTRUMENTS INC 1,206.90
WEX 1,200.00
EMERGENCY TECHNICAL DECON 1,180.25
IDEXX DISTRIBUTION CORP 1,168.61
I-STATE TRUCK CENTER 1,164.79
MTI DISTRIBUTING INC 1,161.25
J&N TACTICAL 1,150.00
CORE & MAIN 1,143.28
MILESTONES 1,138.25
SCHLOMKA SERVICES LLC 1,110.48
M-R SIGN CO INC 1,102.32
PROPIO LS LLC 1,092.77
BIFFS INC 1,085.76
CLAREY'S SAFETY EQUIPMENT 1,058.00
WINEBOW 1,051.75
MARCO INC 1,041.73
UKG INC 1,038.31
WEX 1,013.49
MENARDS 1,007.33
WEX 987.15
UKG INC 966.79
MACQUEEN EQUIPMENT INC 949.17
WEX 946.75
WEX 930.50
BOUND TREE MEDICAL LLC 902.05
SYSCO WESTERN MINNESOTA 891.04
SUSA TREASURER 875.00
WEX 800.00
NATIONAL MARTIAL ARTS ASSOCIATION, INC 799.88
MINNESOTA CHIEFS OF POLICE ASSOC 784.00
WEX 775.34
WEX 756.50
SOLUTION BUILDERS 705.00
ASSURED SECURITY 697.66
FLYING CLOUD TRANSFER STATION 4553 685.28
ST CROIX LINEN LLC 663.36
ASPEN WASTE SYSTEMS INC.656.08
BELLBOY CORPORATION 655.52
WINE COMPANY, THE 640.00
MAVERICK WINE LLC 620.46
DANGEROUS MAN BREWING CO LLC 556.00
NOVACARE REHABILITATION 555.00
SHAMROCK GROUP, INC - ACE ICE 545.73
THE OASIS GROUP 542.50
MINNESOTA VALLEY ELECTRIC COOPERATIVE 538.23
BUILDING CONTROLS & SOLUTIONS 527.13
WEX 505.04
QUALITY PROPANE 486.89
INVOICE CLOUD INC 477.20
AIRGAS USA LLC 440.10
MINNESOTA CHIEFS OF POLICE ASSOC 434.00
CONCRETE CUTTING AND CORING 433.90
OXYGEN SERVICE COMPANY 423.74
METRO CHIEF FIRE OFFICERS ASSOCIATION 400.00
WEX 397.00
SPS COMPANIES 383.63
GREATAMERICA FINANCIAL SVCS 370.44
BIG STATE INDUSTRIAL SUPPLY INC 359.94
ASSURED SECURITY 356.00
COMCAST 334.87
VORTEX ONE CORPORATIONS 322.50
MARIE RIDGEWAY LICSW LLC 320.00
BOURGET IMPORTS 310.00
PETTY CASH-POLICE DEPT 300.44
STATE OF MINNESOTA DEPT OF PUBLIC SAFETY 300.00
ACME TOOLS 299.00
MPX GROUP, THE 280.00
INSIGHT BREWING COMPANY LLC 277.50
GREGOIRE, DAVID 275.00
STEEL TOE BREWING LLC 268.00
MILK AND HONEY CIDERS 266.00
DODGE OF BURNSVILLE 263.20
DREW'S CONCESSIONS LLC 263.10
VANCO SERVICES 250.68
CARLTON JESSUP 250.00
TIMESAVER OFF SITE SECRETARIAL INC 246.00
EDEN PRAIRIE NOON ROTARY CLUB 242.00
INVICTUS BREWING CO 237.00
GOPHER STATE ONE-CALL 234.90
TRANSUNION RISK & ALTERNATIVE DATA 228.60
US BANK - PAYMODE 225.30
PAFFY'S PEST CONTROL 219.80
WEX 216.66
FREEZIAC 216.00
WSB & ASSOCIATES INC 207.00
CHANSKI DAN 203.99
HUNT, JASON 202.66
CRIME STOPPERS OF MINNESOTA 200.00
OPTUM HEALTH 198.75
GYM WORKS 195.00
WEX 182.95
AZTEC BP 178.50
PRAIRIE ELECTRIC COMPANY 175.00
VESTIS SERVICES LLC 170.73
LINDEMAN BRETT 163.90
CINTAS CORPORATION #470 145.60
KARI LARSEN 144.40
56 BREWING LLC 144.00
BLACK & DECKER, U S INC 139.00
PETTY CASH-EPCC 136.81
METROPOLITAN FORD 135.10
FACTORY MOTOR PARTS COMPANY 132.84
CITY OF ROSEVILLE 129.99
HENNEPIN COUNTY TREASURER 123.43
PRAIRIE LAWN AND GARDEN 120.83
AMERICAN RED CROSS 119.00
BROOKE ENGELBREKT 115.83
STERICYCLE INC 113.67
COMCAST 112.98
COMCAST 112.85
ZACKS INC 108.94
LANDS END CORPORATE SALES 107.67
XCEL ENERGY 99.25
GS DIRECT 97.00
KUCERA MATT 95.00
ROCKEY, JOSH 93.80
PAFFY'S PEST CONTROL 88.90
BETHANY KERVAN 83.00
PAYCHEX 82.59
NORTHERN TOOL 81.66
A TO Z RENTAL 76.99
CAWLEY COMPANY, THE 73.63
HANSON JIM 65.66
FIRE SAFETY USA INC 63.00
COMCAST 56.25
ECM PUBLISHERS INC 52.20
MEREDITH KATE 47.24
WEX 43.12
WEX 36.00
BPAS 35.00
COMCAST 33.98
SAWYER VINCENT 24.01
PILGRIM DRY CLEANERS INC 21.57
CHRIS CASTLE INC 20.00
BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE 9.12
NELSON, ROBIN 8.04
WEX 7.68
3,555,043
City Council Agenda Cover Memo
Date:
Section:
Jan. 21, 2025
Ordinances and Resolutions
Item Number: X.A.
Department: Matt Sackett, Police Chief, Police
Rick Clark, Facilities Manager, Administration
ITEM DESCRIPTION
Accept Construction Bids and Award Contracts for Police Department & City Office Remodel
Project
REQUESTED ACTION
Move to: Adopt Resolution Accepting Bids and Awarding Contracts for the Police Department &
City Office Remodel Project
SUMMARY
The City of Eden Prairie has been working toward the remodel of the west side of City Center to
house the Eden Prairie Police Department, providing additional space for future growth and
functionality for the department. The renovation will also centralize all city functions, including
meeting rooms, on a single level for improved accessibility. Kraus-Anderson is the Construction
Manager and BKV Group is the Architect for the Project.
BKV Group developed concept plans and costs estimates for the Project, which were reviewed
by the Council at its workshops on May 18 and June 16, 2024. The Council directed staff to
proceed with the project concept plan with an estimated cost of $26.5 million.
Based on the Council’s direction, BKV developed construction plans and specifications for the
Project. Kraus Anderson prepared bid documents and bids were publicly advertised for 26
different prime contracts for the various scopes of work on the project.
Bids were opened on December 18, 2024. The project received a robust response resulting in
108 competitive bids, which were received and verified. The bid documents invited bids on four
alternates for the project, of which staff recommends proceeding with Alternate #2, Shielded
Modular Enclosure (Faraday room). Kraus Anderson has reviewed and tabulated the bids, and
their recommendation of the lowest responsible bidder for each scope of work is set out in the
attached bid tabulation.
Funding for the project will come from Five-Year Capital Improvement Bonds in the amount of
$26.5 million, the issuance of which was preliminarily approved by the Council at the December
3, 2024 meeting. Final issuance and approval of the Bonds will occur at a later date.
ATTACHMENTS
Bid Tabulation
Resolution
January 9, 2025 City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Eden Prairie Police Station Renovation Dear Mr. Clark,
Kraus-Anderson Construction Company
501 South Eighth Street, Minneapolis, MN 55404
This letter is concerning the contract awards for the City of Eden Prairie – Police Department Renovation project that was bid on December 18, 2024. Kraus-Anderson has verified bidders and we submit the following lowest responsible bidders and their bid amount.
Work Scope Contractor, City, State Bid Amount
WS 01-J FINAL CLEAN MIDWEST SPACIALTY MAINTENANCE, BASE BID $66,613.00
INC. ALTERNATE 001 NOT ACCEPTED
9225 EAST RIVER ROAD NW ALTERNATE 002 $0.00
COON RAPIDS, MN 55433 ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED WS 02-A DEMOLITION MINNESOTA DEMOLITION COMPANY BASE BID $456,000.00
PO BOX 117 ALTERNATE 001 NOT ACCEPTED
SAVAGE, MN 55379 ALTERNATE 002 $0.00
ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 03-A CONCRETE EBERT, INC. DBA BASE BID $1,246,000.00
EBERT COMPANIES ALTERNATE 001 NOT ACCEPTED
23350 COUNTY ROAD 10 ALTERNATE 002 $0.00
CORCORAN, MN 55357 ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 05-A STRUCTURAL JRK STEEL, INC BASE BID $140,775.00
STEEL - 5900 MAIN STREET ALTERNATE 001 NOT ACCEPTED
MATERIAL DULUTH, MN 55807 ALTERNATE 002 $0.00
ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 05-B STRUCTURAL J&L OF AMERICA, LLC BASE BID $169,880.00
STEEL - 12467 ALTERNATE 001 NOT ACCEPTED
ERECTION BOONE AVENUE ALTERNATE 002 $0.00
SUITE 2 ALTERNATE 003 NOT ACCEPTED
SAVAGE, MN 55378 ALTERNATE 004 NOT ACCEPTED
WS 06-A CARPENTRY KELLINGTON CONSTRUCTION, INC BASE BID $1,363,700.00
807 BROADWAY STREET NE ALTERNATE 001 NOT ACCEPTED
SUITE 185 ALTERNATE 002 $95,000.00
MINNEAPOLIS, MN 55413 ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 07-H ROOFING JACKSON & ASSOCIATES, LLC BASE BID $74,898.00
1817 BUERKLE ROAD ALTERNATE 001 NOT ACCEPTED
WHITE BEAR, MN 55110 ALTERNATE 002 $0.00
ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
Office 612-332-7281 | www.krausanderson.com | Fax 612-332-0217
Building enduring relationships and strong communities
WS 07-K JOINT CARCIOFINI COMPANY BASE BID $86,200.00
SEALANTS 14380 WEST BURNSVILLE PARKWAY ALTERNATE 001 NOT ACCEPTED
BURNSVILLE, MN 55306 ALTERNATE 002 $1,250.00
ALTERNATE 003 NOT ACCEPTED ALTERNATE 004 NOT ACCEPTED
WS 08-A DOORS, CONTRACT HARDWARE CO, INC BASE BID $421,162.00
FRAMES & 374 APOLLO DRIVE ALTERNATE 001 NOT ACCEPTED
HARDWARE LINO LAKES, MN 55014-30198 ALTERNATE 002 $0.00
ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 08-D SPECIALTY CRAWFORD DOOR SALES COMPANY BASE BID $96,520.00
DOORS TWIN CITIES, INC ALTERNATE 001 NOT ACCEPTED
1641 OAKDALE AVENUE ALTERNATE 002 $0.00
PO BOX 18143 ALTERNATE 003 NOT ACCEPTED
WEST ST PAUL, MN 55118 ALTERNATE 004 NOT ACCEPTED
WS 08-E SECURITY JTA BUILDERS LLC DBA WDSI BASE BID $108,000.00
DOORS 460 DECORAH ROAD ALTERNATE 001 NOT ACCEPTED
WEST BEND , WI 53095 ALTERNATE 002 $0.00
ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 08-F ENTRANCES, UNITED GLASS, INC BASE BID $260,797.00
STOREFRONTS 8340 89TH AVENUE NORTH ALTERNATE 001 NOT ACCEPTED
& CURTAINWALL BROOKLYN PARK, MN 55445 ALTERNATE 002 $0.00
ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 09-A DRYWALL MULCAHY NICKOLAUS, LLC BASE BID $1,118,400.00
2980 GRANADA LANE ALTERNATE 001 NOT ACCEPTED
SUITE 100 ALTERNATE 002 $4,250.00
OAKDALE, MN 55128 ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 09-B TILE SUPER SET FLOORING & TILE, LLC BASE BID $159,000.00
13860 INDUSTRIAL PARK BLVD ALTERNATE 001 NOT ACCEPTED
PLYMOUTH, MN 55441 ALTERNATE 002 $0.00
ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 09-C CEILINGS & SONUS INTERIORS, INC BASE BID $635,926.00
ACOUSTICAL 6325 SANDBURG ROAD ALTERNATE 001 NOT ACCEPTED
TREATMENT SUITE 800 ALTERNATE 002 $0.00
GOLDEN VALLEY, MN 55427 ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 09-D FLOORING SUPER SET FLOORING & TILE, LLC BASE BID $415,000.00
13860 INDUSTRIAL PARK BLVD ALTERNATE 001 NOT ACCEPTED
PLYMOUTH, MN 55441 ALTERNATE 002 $0.00
ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 09-H FLUID APPLIED STARTING LINE FLOOR COATING, INC BASE BID $9,950.00
FLOORING 14608 FELTON COURT ALTERNATE 001 NOT ACCEPTED
SUITE 102 ALTERNATE 002 $0.00
APPLE VALLEY, MN 55124 ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 09-K PAINTING & ADMIRAL COATINGS, INC BASE BID $323,800.00
WALL 4890 HIGHWAY 55 ALTERNATE 001 NOT ACCEPTED
COVERING PO BOX 520 ALTERNATE 002 $350.00
MAPLE LAKE, MN 55358 ALTERNATE 003 NOT ACCEPTED ALTERNATE 004 NOT ACCEPTED
WS 14-B ELEVATORS TK ELEVATOR CORPORATION BASE BID $157,420.00
3100 INTERSTATE NORTH CIRCLE SE ALTERNATE 001 NOT ACCEPTED
SUITE 500 ALTERNATE 002 $0.00
ATLANTA, GA 30339 ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 21-A FIRE REJECTED BASE BID REJECTED
PROTECTION RE-BIDDING ALTERNATE 001 RE-BIDDING
ALTERNATE 002
ALTERNATE 003
ALTERNATE 004
WS 22-A PLUMBING CORE MECHANICAL SEVICES, INC BASE BID $1,497,000.00
4796 MERGANSER DRIVE ALTERNATE 001 NOT ACCEPTED
MINNETRISTA, MN 55375 ALTERNATE 002 $0.00
ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 23-A HVAC WEIDNER PLUMBING & HEATING CO BASE BID $4,743,500.00
29 WILSON AVENUE NE ALTERNATE 001 NOT ACCEPTED
ST CLOUD, MN 56304 ALTERNATE 002 $0.00
ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 26-A ELECTRICAL FOBBE ELECTRIC, INC BASE BID $5,040,000.00
111 MEADOWLARK DRIVE ALTERNATE 001 NOT ACCEPTED
DELANO, MN 55328 ALTERNATE 002 $0.00
ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 31-A SITE CLEARING MINNESOTA UTILITIES & EXCAVATING, BASE BID $1,152,594.00
& EARTHWORK INC ALTERNATE 001 NOT ACCEPTED
13932 LAKE DRIVE ALTERNATE 002 $0.00
FOREST LAKE, MN 55025 ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 32-D FENCING PETERSON COMPANIES, INC BASE BID $288,185.00
8326 WYOMING TRAIL ALTERNATE 001 NOT ACCEPTED
CHISAGO CITY, MN 55023 ALTERNATE 002 $0.00
ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
WS 32-F LANSCAPE & AUTUMN RIDGE LANDSCAPING, INC BASE BID $198,923.00
IRRIGATION 8940 GREENFIELD ROAD ALTERNATE 001 NOT ACCEPTED
LORETTO, MN 55357 ALTERNATE 002 $0.00
ALTERNATE 003 NOT ACCEPTED
ALTERNATE 004 NOT ACCEPTED
Total: $20,330,013.00
$20,331,093.00
We have enclosed the Bid Tabulation sheets that reflect the bids received. If you have any questions regarding this information, please do not hesitate to contact me at 763-453-5972 Very truly yours, KRAUS-ANDERSON® CONSTRUCTION COMPANY
Dan Kjellberg
Dan Kjellberg Project Manager
Cc: Ken Francios – Kraus Anderson Construction Dan Kjellberg – Kraus Anderson Construction Michael Healy – BKV Group Rick Clark – City of Eden Prairie Matt Sackett – City of Eden Prairie
.
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 01-J - FINAL CLEAN
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
MIDWEST SPECIALTY
MAINTENANCE, INC. PRIME SOLUTIONS, LLC
BID SECURITY X X
ADDENDA REC'D. 1 - 2 1-2
BASE BID $66,613.00 $70,000.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
WS WORK SCOPE 02-A - DEMOLITION
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
MINNESOTA DEMOLITION
COMPANY TWIN TOWN DEMOLITION MAVO SYSTEMS LLOYD'S CONSTRUCTION
SERVICES, INC
EBERT
CONSTRUCTION ENVIROBATE, INC
BID SECURITY X X X X X X
ADDENDA REC'D. 1-2 1-2 1-2 1-2 1-2 1-2
BASE BID $456,000.00 $515,000.00 $627,510.00 $643,840.00 $683,000.00 $686,000.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 03-A - CONCRETE
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
EBERT
CONSTRUCTION
THOMPSON CONSTRUCTION OF PRINCETON, INC
DELS
CONSTRUCTION, INC
B&D ASSOCIATES,
LLC GRESSER, CO NORTHLAND CONCRETE CONCRETE & MASONRY COMPANY, LLLC
BID SECURITY X X X X X X
ADDENDA REC'D. 1-2 1-2 1-2 1-2 1-2 1-2
BASE BID $1,246,000.00 $1,344,844.00 $1,384,800.00 $1,389,250.00 $1,417,600.00 $1,462,900.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$58,000.00
$55,800.00
$83,700.00
$115,000.00
$82,700.00
$88,760.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 03-A - CONCRETE
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
AXEL OHMAN
DONALD R FRANTZ CONCRETE CONSTRUCTION, LLC
CROSSTOWN MASONRY
INCORPORATED
RESTORATION & CONSTRUCTION SERVICES, LLC
HOLLENBACK &
NELSON
BID SECURITY X X X X X
ADDENDA REC'D. 1-2 1-2 1-2 1-2 1-2
BASE BID $1,498,000.00 $1,500,950.00 $1,595,800.00 $1,597,000.00 $1,719,900.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$51,000.00
$74,750.00
$85,000.00
$0.00
$62,000.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 05-A - STRUCTURAL STEEL - MATERIAL
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
JRK STEEL CONSTRUCTION
SYSTEMS
BID SECURITY X X
ADDENDA REC'D. 1-2 1-2
BASE BID $140,775.00 $183,036.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 05-B - STRUCTURAL STEEL - ERECTION
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
GUIDED STEEL
ERECTORS, INC. J&L STEEL ERECTORS HIGH FIVE ERECTORS
RED CEDAR STEEL
ERECTORS, INC
KMH ERECTORS, INC PATRIOT ERECTORS, INC
BID SECURITY X X X X X X
ADDENDA REC'D. 1-2 1-2 1-2 1-2 1-2 1-2
BASE BID $116,400.00 $169,880.00 $182,600.00 $246,600.00 $326,200.00 $349,500.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 06-A - CARPENTRY
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
KELLINGTON
CONSTRUCTION, INC EBERT CONSTRUCTION
TEKTON
CONSTRUCTION
MEISINGER
CONSTRUCTION, CO
BID SECURITY X X X X
ADDENDA REC'D. 1-2 1-2 1-2 1-2
BASE BID $1,363,700.00 $1,427,000.00 $1,524,000.00 $1,580,000.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$95,000.00
$71,700.00
$93,790.00
$99,000.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 07-H - ROOFING
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
JACKSON & ASSOCIATES, LLC BERWALD ROOFING
COMPANY, INC
CENTRAL ROOFING
COMPANY
BID SECURITY X X X
ADDENDA REC'D. 1-2 1-2 1-2
BASE BID $74,898.00 $152,500.00 $194,285.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 07-K - INTERIOR SEALANTS
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
CARCIOFINI COMPANY RIGH-WAY CAULKING,
INC
BID SECURITY X X
ADDENDA REC'D. 1-2 1-2
BASE BID $86,200.00 $115,025.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$1,250.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 08-A - DOORS, FRAMES & HARDWARE
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
CONTRACT
HARDWARE CO, INC BREDEMUS HARDWARE
COMPANY
TWIN CITY
HARDWARE
BID SECURITY X X X
ADDENDA REC'D. 1-2 1-2 1-2
BASE BID $421,162.00 $426,977.00 $440,000.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$42,000.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 08-D - SPECIALTY DOORS
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
CRAWFORD DOOR SALES CO YALE MECHANICAL
BID SECURITY X X
ADDENDA REC'D. 1-2 1-2
BASE BID $96,520.00 $176,658.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 08-E - SECURITY DOORS & HARDWARE
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
JTA BUILDERS LLC
DBA WDSI STRONGHOLD
INDUSTRIES
BID SECURITY X X
ADDENDA REC'D. 1-2 1-2
BASE BID $108,000.00 $167,500.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 08-F - ENTRANCES, STOREFRONTS & CURTAINWALL
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
UNITED GLASS NORTHERN GLASS &
GLAZING, INC
BRIN GLASS
COMPANY FORD METRO, INC
BID SECURITY X X X X
ADDENDA REC'D. 1-2 1-2 1-2 1-2
BASE BID $260,797.00 $314,900.00 $324,100.00 $336,000.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 09-A - CARPENTRY
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
RTL CONSTRUCTION MULCAHY NICKOLAUS,
LLC
PIETSCH
CONSTRUCTION, INC
CUSTOM DRYWALL,
INC
PINNACLE WALL SYSTEMS, INC COMMERCIAL DRYWALL
BID SECURITY X X X X X X
ADDENDA REC'D. 1-2 1-2 1-2 1-2 1-2 1-2
BASE BID $1,117,345.00 $1,118,400.00 $1,154,627.00 $1,158,895.00 $1,221,770.00 $1,346,380.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$24,074.00
$4,250.00
$0.00
$4,675.00
$0.00
$3,200.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 09-B - TILE
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
SUPER SET FLOORING & TILE GULF COAST TILE &
MARBLE, INC
MULTIPLE CONCEPTS INTERIORS (MCI CARPET ONE)
COMMERCIAL FLOORING
SERVICES, LLC
ACOUSTICS ASSOCIATES BLACKHAWKPCS
BID SECURITY X X X X X X
ADDENDA REC'D. 1-2 1 1-2 1-2 1-2 1-2
BASE BID $159,000.00 $180,894.00 $194,900.00 $207,652.00 $227,775.00 $232,954.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 09-B - TILE
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
GRAZZINI BROTHERS &
COMPANY
TIM'S CONSTRUCTION
GROUP
BID SECURITY X X
ADDENDA REC'D. 1-2 1-2
BASE BID $233,940.00 $238,500.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 09-C - CEILINGS & ACOUSTICAL TREATMENTS
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
SONUS INTERIOR ACOUSTICS ASSOCIATES
TWIN CITY
ACOUSTICS, INC ARCHITECTURAL SALES OF
MINNESOTA, INC
BID SECURITY X X X X
ADDENDA REC'D. 1-2 1-2 1-2 1-2
BASE BID $635,926.00 $646,568.00 $693,900.00 $71,650.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 09-D - FLOORING
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
SUPER SET
FLOORING & TILE ACOUSTICS ASSOCIATES
ST PAUL LINOLEUM &
CARPET CO MULTIPLE CONCEPTS INTERIOR (MCI CARPET ONE)
COMMERCIAL FLOORING
SERVICES, LLC
GRAZZINI BROTHERS &
COMPANY
BID SECURITY X X X X X X
ADDENDA REC'D. 1-2 1-2 1-2 1-2 1-2 1-2
BASE BID $415,000.00 $473,363.00 $473,871.00 $481,784.00 $493,018.00 $496,690.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 09-H - FLUID APPLIED
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
FLOOR COATINGS,
INC ACOUSTICS ASSOCIATES
BID SECURITY X X
ADDENDA REC'D. 1-2 1-2
BASE BID $9,950.00 $18,050.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 09-K - PAINTING & WALL COVERING
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
ADMIRAL COATINGS, INC MULCAHY NICKOLAUS,
LLC WASCHE COMMERCIAL FINISHES,
INC
REINHARDT SONS
PAINTING
SWANSON & YOUNGDALE STEINBRECHER
PAINTING COMPANY
BID SECURITY X X X X X X
ADDENDA REC'D. 1-2 1-2 1-2 1-2 1-2 1-2
BASE BID $323,800.00 $389,450.00 $408,870.00 $461,740.00 $503,585.00 $581,000.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$350.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 14-B - ELEVATORS
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
TK ELEVATOR CORPORATION
BID SECURITY X
ADDENDA REC'D. 1-2
BASE BID $157,420.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 21-A - FIRE PROTECTION
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
VIKING AUTOMATIC
SPRINKLER COMPANY
SUMMIT FIRE
PROTECTION CO NASSEFF MECHANICAL
CONTRACTORS
BID SECURITY X X X
ADDENDA REC'D. 1-2 1-2 1-2
BASE BID $193,000.00 $488,000.00 $716,000.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$1,000.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$19,000.00
$0.00
$55,000.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
COMBINED
ARCHITECT: BKV Group WORK SCOPE 22-A - PLUMBING
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
CORE MECHANICAL
SERVICES WEIDNER PLUMBING &
HEATING CO PETERSON SHEET
METAL
BID SECURITY X X
ADDENDA REC'D. 1-2 1-2
BASE BID $1,497,000.00 $1,587,000.00
COMBINED BASE BID $7,088,000.00
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$650,000.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
COMBINED
ARCHITECT: BKV Group WORK SCOPE 23-A - HVAC
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
WEIDNER PLUMBING &
HEATING
SENTRA-SOTA SHEET
METAL, INC
MCDOWALL
COMPANY PETERSON SHEET
METAL
BID SECURITY X X X
ADDENDA REC'D. 1-2 1-2 1-2
BASE BID $4,743,500.00 $4,792,000.00 $5,697,000.00
COMBINED BASE BID $7,088,000.00
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$310,000.00
$325,000.00
$344,700.00
$650,000.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 26-A - ELECTRICAL
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
FOBBE ELECTRIC MEDINA ELECTRIC, LLLC
BLOOMINGTON
ELECTRIC COMPANY VINCO, INC ELECTRICAL
PRODUCTION SERVICES
BID SECURITY X X X X X
ADDENDA REC'D. 1-2 1-2 1-2 1-2 1-2
BASE BID $5,040,000.00 $5,168,245.00 $5,216,000.00 $5,220,000.00 $6,575,000.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$15,000.00
$19,000.00
$5,000.00
$8,000.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$5,000.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 31-A - STIRE CLEARING & EARTHWORK
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
MINNESOTA UTILITIES &
EXCAVATING
KEVITT EXCAVATING,
LLC VEIT COMPANY, INC
URBAN COMPANIES,
LLC
BID SECURITY X X X X
ADDENDA REC'D. 1-2 1-2 1-2 1-2
BASE BID $1,152,594.00 $1,187,000.00 $1,347,500.00 $1,520,000.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$106,276.00
($3,000.00)
$7,500.00
$100,000.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 32-D - FENCING
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
MAUER COMPANY PETERSON COMPANIES,
INC
CENTURY FENCE
COMPANY ACTION FENCE, INC.
BID SECURITY NO X X X
ADDENDA REC'D. 1-2 1-2 1-2 1-2
BASE BID $270,000.00 $288,185.00 $300,013.00 $340,966.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$0.00
$4,890.00
$0.00
$0.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
EDEN PRAIRIE POLICE DEPARTMENT
RENOVATIONS
BID TABULATIONS
DECEMBER 18, 2024 - 2PM
OWNER: City of Eden Prairie
ARCHITECT: BKV Group WORK SCOPE 32-F - LANDSCAPE & IRRIGATION
BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
GREAT NORTHERN
LANDSCAPE, INC GREENSCAPE LANDSCAPE & IRRIGATION
AUTUMN RIDGE
LANDSCAPING, INC
CEDAR RIDGE
LANDSCAPING
HOFFMAN & MCNAMAR CO URBAN COMPANIES, LLC
BID SECURITY X X X X X X
ADDENDA REC'D. 1-2 1-2 1-2 1-2 1-2 1-2
BASE BID $110,145.00 $158,900.00 $198,923.00 $245,950.00 $284,473.00 $410,000.00
COMBINED BASE BID
ALTERNATE 001 -
LARGE SITE RETAINING
WALL
$145,500.00
$176,000.00
$175,745.00
$190,600.00
$128,292.00
$185,000.00
ALTERNATE 002 -
SHIELDED MODULAR
ENCLOSURE (FARADAY
ROOM)
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 003 -
SQUAD GARAGE
ADTNL IN FLOOR
HEATING
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
ALTERNATE 004 - DATA
ROOM 2044 DISPATCH
FIRE SUPPRESSION
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
From: Alice Tillman <alice@gnlandscapes.com>
Sent: Thursday, January 9, 2025 11:23 AM
To: Kjellberg, Dan; Todd Kleven
Cc: Kurak, Tamara
Subject: RE: EPPD - Work Scope 32F
Dan – please accept this email as our notice to withdraw from the project due to miscommunications
regarding our quote/proposal.
Respectfully,
Alice
NOTE: My hours are changing – I will be off on Tuesday’s to babysit my “most
handsome” grandson. Will respond to all emails W. Thanks so much.
Happy New Year @!
Alice Tillmann
Project Admin Manager
Great Northern Landscapes
19720 Iguana Street NW
Elk River, MN 55330
763-441-1567 (D)
763-274-2679 (F)
alice@gnlandscapes.com
From: Alice Tillman
Sent: Thursday, January 9, 2025 10:16 AM
To: Kjellberg, Dan <dan.kjellberg@krausanderson.com>; Todd Kleven <toddk@gnlandscapes.com>
Cc: Kurak, Tamara <tamara.kurak@krausanderson.com>
Subject: RE: EPPD - Work Scope 32F
Hi Dan – Todd is out of the office until late next week – what can I assist with?
From: Kjellberg, Dan
Sent: Thursday, January 9, 2025 7:42 AM
To: Kurak, Tamara
Subject: FW: Withdraw-EP Police
Dan Kjellberg | Project Manager
dan.kjellberg@krausanderson.com| direct 612.335.2773
KRAUS-ANDERSON CONSTRUCTION COMPANY
501 South Eighth Street, Minneapolis, MN 55404
Office 612.332.7281 | Cell 763.453.5972 | krausanderson.com
Together, strengthening the communities we serve
From: Luke Melquist <lmelquist@hotmail.com>
Sent: Tuesday, January 7, 2025 4:59 PM
To: Kjellberg, Dan <dan.kjellberg@krausanderson.com>
Subject: Withdraw-EP Police
Dan,
Do to not having the rooftop planters and irrigating them that was in addendum #1, we'll need
to withdraw our landscape proposal.
Sorry for the inconvenience,
Luke Melquist
Greenscape Companies, Inc.
Commercial Operations Manager
11684 219th Ave North
Elk River, MN 55330
Office: 763-441-2141
Cell: 612-685-4669
www.greenscapecompanies.com
From: Nathan Mauer <mauer@mauercompany.com>
Sent: Monday, January 6, 2025 7:00 PM
To: Kurak, Tamara
Subject: Eden Prairie Fence
Follow Up Flag: Follow up
Flag Status: Flagged
Tamara,
Please withdrawal my quote for this project. Thanks
Warm Regards,
Nate Mauer
GUIDED STEEL ERECTORS INC.
PO Box388
Wayzata, MN 55391
(952) 476-5963 FAX 449-4811
scott@guidedsteel.com
1/3/25
City of Eden Prairie/ Dan Kjellberg
Re: Eden Prairie Police Department Bid
Guided Steel Erectors Inc. needs to withdrawal our bid for Bid Package WS 05 -
Structural Steel - Erection.
After reviewing my bid, I have realized that my scope is not complete.
I apologize for any inconvenience I may have caused.
Thank you.
Sincerely,
Guided Steel Erectors Inc.
R.Scott Vickerman
scott@guidedsteel.com Estimator / Owner
Equal Opportunity Employer
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025-___ RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR THE POLICE DEPARTMENT & CITY OFFICE REMODEL PROJECT
WHEREAS, pursuant to a public advertisement for bids for the construction of the Police Department and City Office Remodel Project, bids were received, opened on December 18, 2024, and tabulated according to law, and the following bids were received, complying with the advertisement:
Work Scope Contractor Bid Amount
WS 01-J
Final Clean
Midwest Specialty Maintenance, Inc. $66,613.00
WS 02-A Demolition Minnesota Demolition Company $456,000.00
WS 03-A
Concrete
Ebert, Inc. DBA Ebert Companies $1,246,000.00
WS 05-A Structural Steel - Material JRK Steel, Inc. $140,775.00
WS 05-B
Structural Steel – Erection
J&L of America, LLC $169,880.00
WS 06-A Carpentry Kellington Construction, Inc. Alternate 2 $1,363,700.00 $95,000.00
WS 07-H
Roofing
Jackson & Associates, LLC $74,898.00
WS 07-K Joint Sealants Carciofini Company Alternate 2 $86,200.00 $1,250.00
WS 08-A
Doors, Frames, & Hardware
Contract Hardware Co., Inc. $421,162.00
WS 08-D Specialty Doors Crawford Door Sales Company Twin Cities, Inc. $96,520.00
WS 08-E
Security Doors
JTA Builders LLC DBA WDSI $108,000.00
WS 08-F Entrances, Storefronts, & Curtainwall
United Glass, Inc. $260,797.00
2
WS 09-A Drywall Mulcahy Nickolaus, LLC Alternate 2 $1,118,400.00 $4,250.00
WS 09-B Tile Super Set Flooring & Tile, LLC $159,000.00
WS 09-C Ceilings & Acoustical Treatment
Sonus Interiors, Inc. $635,926.00
WS 09-D Flooring Super Set Flooring & Tile, LLC $415,000.00
WS 09-H Fluid Applied Flooring Starting Line Floor Coating, Inc. $9,950.00
WS 09-K Painting & Wall Covering Admiral Coatings, Inc. Alternate 2 $323,800.00 $350.00
WS 14-B Elevators TK Elevator Corporation $157,420.00
WS 21-A Fire Protection (All Bids Rejected)
WS 22-A
Plumbing
Core Mechanical Services, Inc. $1,497,000.00
WS 23-A HVAC Weidner Plumbing & Heating Co. $4,743,500.00
WS 26-A Electrical Fobbe Electric, Inc. $5,040,000.00
WS 31-A Site Clearing & Earthwork Minnesota Utilities & Excavating, Inc. $1,152,594.00
WS 32-D Fencing Peterson Companies, Inc. $288,185.00
WS 32-F Landscape & Irrigation Autumn Ridge Landscaping, Inc. $198,923.00
WHEREAS, the City, in consultation with Kraus-Anderson, Construction Manager for the
Police Department and City Office Remodel Project, has determined that the contractors listed above are the lowest responsible bidder for each scope of work. NOW, THERFORE, BE IT REOLVED BY THE CITY COUNCIL OF EDEN PRAIRIE,
MINNESOTA:
3
1. The Mayor and City Manager are hereby authorized and directed to enter into and execute contracts with the listed bidders in the name of the City of Eden Prairie for the Police
Department and City Office Remodel Project according to the plans and specifications on
file in the office of the City Manager. 2. The Construction Manager is hereby authorized and directed to return to all bidders the bid bond made with their bids, except that the bid bond of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of January, 2025.
____________________________________ Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk