HomeMy WebLinkAboutCity Council - 03/04/2025Agenda
Eden Prairie City Council Workshop
5:30 p.m. Tuesday, Mar. 4, 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. Mountain Biking Update
II. City-wide Fiber Installation Update
Council Chambers
III. Open Podium
IV. Adjournment
Agenda
Eden Prairie City Council Meeting
7 p.m. Tuesday, Mar. 4, 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
V. Approval of Agenda and Other Items of Business
VI. Minutes
A. City Council Workshop held Tuesday, February 18, 2025
B. City Council Meeting held Tuesday, February 18, 2025
VII. Consent Calendar
A. Clerk’s List
B. Code Amendment – Chapter 11 Housekeeping. Second reading of Ordinance
Chapter 11 Land Use Regulations (Zoning) to correct inconsistencies
C. Approve Lotus Villas Development Agreement amendment
D. Approve purchase and installation of digital monument sign at Eden Prairie Senior
Center
E. Approve 2025 Municipal Off Site Storage (MOSS) and Yard Waste Site hauling and
CITY COUNCIL MEETING AGENDA
March 4, 2025
Page 2
disposal contract with Shakopee Mdewakanton Sioux Community (SMSC) Dakota
Prairie Composting
F. Approve Trunk Highway 5/County State-Aid Highway 4 supplemental information
for interchange request project professional services agreement with SRF
Consulting Group, Inc.
G. Approve pond 05-13-B feasibility study professional services agreement with
Stantec, Inc.
H. Approve 2025 Material Drop Off Day agreement with Republic Services
I. Declare obsolete Knox Key Secure boxes as surplus and authorize disposal
VIII. Public Hearings and Meetings
A. Highway 5 Business Center by Endeavor Development, LLC. First reading of an
Ordinance for Zoning District change from I-General to Flex Service on 3.98 acres,
adopt Resolution for preliminary plat combining several tracts into one lot on 3.98
acres, adopt Resolution in support of Park Dedication Fees
IX. Payment of Claims
X. Ordinances and Resolutions
XI. Petitions, Requests, and Communications
XII. Appointments
A. 2025 Commissions
B. 2025 Board of Appeal and Equalization
C. 2025 Commission Chairs and Vice Chairs
XIII. Reports
A. Reports of Council Members
1. Summary of City Manager Performance Review
B. Report of City Manager
C. Report of Community Development Director
D. Report of Parks and Recreation Director
CITY COUNCIL MEETING AGENDA
March 4, 2025
Page 3
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
Unapproved Minutes
Eden Prairie City Council Workshop
5:30 p.m. Tuesday, Feb. 18, 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. Council Goals and Priorities for 2025
Case introduced the workshop topic and explained the opportunity for Council to express their
values to staff and each other. The Council has been stable over the past four years. Tonight’s
discussion is to allow open communication on new issues and perspectives, not to set concrete
directives.
Toomey noted the best part of serving as a Council Member is helping residents. Toomey
explained Meals on Wheels is currently based out of Bloomington. It serves approximately 40
Eden Prairie clients with frozen meals once per week. A goal for the upcoming year is finding a
location to house Meals on Wheels in Eden Prairie. In addition to providing meals, Meals on
Wheels serves the community by checking in on elderly neighbors. Toomey explained another
goal is to provide small business startup loans, perhaps in partnership with the Eden Prairie
Chamber of Commerce. The Council Members holding town hall meetings with various
communities is important and that work should continue. Additionally, a town hall with non-
profit organizations could be beneficial. Lastly, Toomey noted she is interested in increasing the
amount of drones at the Fourth of July Hometown Celebration.
CITY COUNCIL MEETING AGENDA
February 18, 2025
Page 2
Narayanan stated maintaining the balance of providing excellent services at a reasonable price is
a goal. Sustainability and multicultural awareness initiatives should continue to be a priority.
Although the City has limited control, affordable housing should continue to be prioritized. It’s
important for individuals like teachers to be able to afford a home in Eden Prairie. Narayanan
expressed agreement with Toomey over helping non-profit organizations, and the City would
have difficulty providing these important services.
Freiberg noted affordable housing is an important goal. The City should continue building on past
successes and ensure the Housing and Redevelopment Authority (HRA) is appropriately funded.
There is a surplus of vacant commercial and retail space, especially at the mall. The City should
look into ways to fill the vacant space. The City should also continue raising awareness and funds
for People Reaching Out to People (PROP) to help the food and housing insecure. Freiberg noted
there has been an increase in traffic and speeding issues over the past few years the City should
address.
Nelson stated the City should continue to maintain roads, trails, parks, benches, and flower beds.
It’s important to preserve a beautiful environment. The City should also invest in more outdoor
electric maintenance tools including trimmers, lawn mowers, and branch cutters. The City is
becoming a technology hub, and should continue to build a wide range of housing to attract
families working in these positions. The City should continue to invest in streets and stormwater
infrastructure. Additionally, per the recent fire staffing coverage study, all four fire stations
should be staffed 24 hours per day, seven days per week. Additional full time firefighters should
be hired to provide the staffing coverage needed. Finally, the City should continue to offer
exceptional services at a reasonable tax increase year to year.
Case noted the current Council Members will not serve forever and reiterated the importance of
leaving a well-organized, well planned City for the future Council Members. Adequate housing,
open space, parks, sewer and water infrastructure, and the mall area should be laid out.
Sustainability goals should be prioritized including electric vehicles and lawn maintenance
equipment. It is important for all cities to pursue climate action goals. Affordable housing is
another goal. The City’s inclusionary housing ordinance is a good start. Additionally, the City’s
CITY COUNCIL MEETING AGENDA
February 18, 2025
Page 3
partnership with the Eden Prairie Chamber of Commerce to encourage entrepreneurship is
beneficial for the small business community, especially the innovation sandbox. Small business
loans could also be explored.
Case summarized the importance of reasonable tax increases for residents. It may be beneficial
to explain how many services would need to be cut for the City’s tax levy to remain the same.
Transitioning the Fire Department to a full time and duty crew hybrid model is beneficial for
public safety, but it comes with a levy increase. Case explained the Council Members should
continue to do town hall meetings to connect with the community, especially focusing on seniors
and young people. Case said multicultural initiatives should continue to be pursued, and noted
the City is 28 percent diverse. Additionally, new ways to decrease speeding vehicles should be
explored. Narayanan added open space will be crucial in the long term as housing density
increases, and suggested ways to decrease expenses without laying off individuals including
negotiating contracts and purchases.
Getschow thanked the council for their input and noted many upcoming workshops will be
dedicated to the priorities and goals mentioned including sustainability, budgeting, and fire
staffing. The City is realizing large savings from energy efficiency investments. The City will
continue to uphold partnerships with organizations such as the school district, the chamber, and
local non-profits. Town hall meetings will continue with different members of the community.
Small business loans are a relatively new topic that can be researched. Case added the City should
research small business needs and ways the City can assist.
Getschow noted the City can prepare information as to what services would need to be cut for a
zero percent tax levy increase. It’s important to emphasize the City’s high quality services at a
reasonable tax burden compared to surrounding Cities. Vacant real estate including commercial
and retail spaces can be discussed further. Case stated he is glad to hear a second cricket pitch
will soon be constructed. Additionally, the soccer and baseball fields at flying cloud will likely
remain for the next decade. The Council discussed additional priorities including the light rail, the
City Center renovation, and the flying red horse monument sign. The Council Member noted their
appreciation for city staff.
CITY COUNCIL MEETING AGENDA
February 18, 2025
Page 4
Council Chambers
II. Open Podium
III. Adjournment
UNAPPROVED MINUTES
Eden Prairie City Council Meeting
7 p.m. Tuesday, Feb. 18, 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, Fire Chief Scott Gerber, Police Chief Matt Sackett, and City
Attorney Maggie Neuville
MEETING AGENDA
I. Call the Meeting to Order
Mayor Case called the meeting to order at 7 p.m. All council members were present.
II. Pledge of Allegiance
III. Open Podium Invitation
Open Podium is an opportunity for Eden Prairie residents to address the City Council on
issues related to Eden Prairie city government before each Council meeting, typically the
first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If
you wish to speak at Open Podium, please contact the City Manager’s Office at
952.949.8412 by noon of the meeting date with your name, phone number, and subject
matter. Open Podium is not recorded or televised. If you have questions about Open
Podium, please contact the City Manager’s Office.
IV. Proclamations and Presentations
A. Words in Action Award Presentation
Getschow introduced Babar Khan, Human Rights and Diversity Commissioner, and
Housing and Community Services Manager Paja Xiong to continue the
presentation.
Ms. Xiong explained Words in Action is in honor of Black History Month. Each
participant selected a famous quote and created an art piece or written work
representing the quote.
CITY COUNCIL MEETING AGENDA
February 18, 2025
Page 2
Mr. Khan noted Itisha Budamagunta won the award for the Visual Art category.
Ms. Budamagunta introduced herself and presented her artwork to the Council.
Mr. Khan noted Amaya Demery won the award for the Visual Art category. Ms.
Demery introduced herself and presented a video of her dance to the Council.
Mr. Khan noted Sonakshi Dwivedi won the award for the Writing category. Ms.
Dwivedi introduced herself and presented her poem to the Council.
Mr. Khan noted Leisha Mekala won the award for the Visual Art category. Ms.
Mekala introduced herself and presented her video to the Council.
Case thanked the winners and other submissions for their participation. He stated
diversity will always be important in Eden Prairie.
V. Approval of Agenda and Other Items of Business
MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as published.
Motion carried 5-0.
VI. Minutes
MOTION: Nelson moved, seconded by Freiberg, to approve the minutes of the Council
workshop held Tuesday, February 4, 2025, and the City Council meeting held Tuesday,
February 4, 2025, as published. Motion carried 5-0.
VII. Consent Calendar
A. Clerk’s List
B. Code Amendment – Office Use in Public District. Approve second reading of
Ordinance No. 02-2025 amending City Code Chapter 11 allowing office and
medical office use in public zoning district, adopt Resolution No. 2025- 024
approving summary ordinance
C. Nexus Innovation Center II by Endeavor Development. Adopt Resolution No. 2025-
025 for Site Plan Review on 14.35 acres, approve Development Agreement
D. Nexus Innovation Center II by Endeavor Development. Adopt Resolution No. 2025-
026 approving final plat
E. Approve construction contract to service and upgrade municipal well no. 10 with
Keys Well Drilling
F. Approve construction contract to service and upgrade municipal well no. 16 with
Keys Well Drilling
CITY COUNCIL MEETING AGENDA
February 18, 2025
Page 3
G. Authorize purchase of one speed and message trailer, two dynamic speed
feedback signs, and two rectangular rapid flashing beacons with MnDOT Safe Road
Zone grant funds
MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-G on the
Consent Calendar. Motion carried 5-0.
VIII. Public Hearings and Meetings
A. Code Amendment – Chapter 11 housekeeping. First reading of Ordinance to
amend City Code Chapter 11 Land Use Regulations (Zoning) to correct
inconsistencies
Getschow introduced the item and invited Klima to continue the presentation.
Klima explained in 2023, the City reorganized and reformatted Chapter 11,
Zoning. Since then, Staff has identified areas where the recodified code was
inconsistent with the original source document. Additionally, Staff reviewed the
definitions used throughout the Zoning Code and found some definitions that
were incompatible between sections. The proposed ordinance corrects those
inconsistencies, corrects typographical errors, and relocates or removes
definitions scattered within the document. These changes do not represent a
change in policy. The Planning Commission voted 8-0 to recommend approval of
the chapter 11 amendment on January 27, 2025.
Case noted Chapter 11 requires a public hearing before it can be adopted.
No one wished to address the Council.
MOTION: Freiberg moved, seconded by Nelson, to close the public hearing and
approve the first reading of an ordinance correcting inconsistencies found in
Chapter 11 Zoning. Motion carried 5-0.
IX. 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.”
X. Ordinances and Resolutions
XI. Petitions, Requests, and Communications
XII. Appointments
CITY COUNCIL MEETING AGENDA
February 18, 2025
Page 4
XIII. Reports
A. Reports of Council Members
B. Report of City Manager
1. Adopt Resolution No. 2025-027 Relating to General Obligation Capital
Improvement Plan Bonds, Series 2025A. Authorizing the Issuance,
Awarding the Sale, Fixing the Form and Details, Providing for the Execution
and Delivery Thereof and the Security Therefor and Levying Ad Valorem
Taxes for the Payment Thereof
Getschow explained the 2025A bonds will finance the remodel of the
existing vacant space on the west side of City building of approximately
73,000 square feet for the police station, which would include enclosed
parking for police vehicles and 23,000 square feet for city office and
meeting space.
Bruce Kimmel, Financial Advisor with Ehlers, noted the City received 15
aggressive bids for the bonds. It reflects the economically diverse and
well-run government in Eden Prairie, as does the AAA rating. He
explained the bid process and provided details on the winning bid. He
also explained the long-term bond process.
MOTION: Freiberg moved, seconded by Nelson, to adopt a Resolution
No. 2025-027 relating to $24,760,000 General Obligation Capital
Improvement Bonds, Series 2025A; authorizing the issuance, awarding
the sale, fixing the form and details, providing for the execution and
delivery thereof and the security therefor and levying ad valorem taxes
for the payment hereof. Motion carried 5-0.
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
CITY COUNCIL MEETING AGENDA
February 18, 2025
Page 5
A. Closed Session for City Manager Performance Review
MOTION: Narayanan moved, seconded by Toomey, to enter into closed session
for the purpose of conducting the City Manager’s review at 7:47 p.m. Motion
carried 5-0.
MOTION: Toomey moved, seconded by Nelson, to exit the closed session for the
purpose of conducting the City Manager’s review. Motion carried 5-0.
XV. Adjournment
MOTION: Narayanan moved, seconded by Nelson, to adjourn the meeting. Motion
carried 5-0. Mayor Case adjourned the meeting at 8:54 p.m.
City Council Agenda Cover Memo
Date: March 4, 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
Temporary On-Sale Liquor
Organization: Pax Christi Catholic Community
Event: Cana Dinner Date: April 26, 2025 Place: Pax Christi Social Hall 12100 Pioneer Trail
Organization: Eden Prairie Lions Club Event: Schooner Days Date: May 30 - June 1, 2025 Place: Round Lake Park
16691 Valley View Road
Organization: Eden Prairie Lions Club Event: 4th of July Hometown Celebration Date: July 3-4, 2025
Place: Round Lake Park
16691 Valley View Road Organization: Eden Prairie Lions Club Event: Corn Feed
Date: August 2, 2025
Place: Round Lake Park 16691 Valley View Road
City Council Agenda Cover Memo
Date: March 4, 2025
Section: Consent Calendar
Item Number: VII.B.
Department: Community Development / Planning
Julie Klima / Jeremy Barnhart
ITEM DESCRIPTION
Approval of the 2nd reading of an ordinance that corrects inconsistencies from the recent
reorganization of the Zoning Code and clarifies definitions.
REQUESTED ACTION
Move to:
• Approve the 2nd reading of an Ordinance amending regulations in Chapter 11 correcting
inconsistencies, typographical errors, and clarifying definitions; 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 corrects inconsistencies, typographical errors,
and relocates or removes definitions within the zoning code.
These changes do not represent a change in policy.
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 11 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 11, Section 11.02, is amended as follows:
A. By inserting the following definitions in their proper alphabetical location:
Awning Sign means a sign that is integrated into a roof-like structure projecting over a window, doorway, deck, patio, or storefront.
Banners and Pennants means attention-getting devices which resemble flags.
Caliper means the length of a straight line measured through the trunk of a tree twelve (12) inches above the base.
Canopy and Marquee mean a roof-like structure projecting over the entrance to a building.
City Entry Monument Sign means a monument sign, including associated decorative
elements, erected by the City to denote entrances into the City.
Clear Cutting means removal of all existing significant natural vegetation on a particular piece of property.
Commercial Speech means speech or graphics advertising a business, profession,
commodity, service, or entertainment.
Coniferous Tree means a woody plant which, at maturity, is at least thirty (30) feet or more in height, with a single trunk, fully branched to the ground, having foliage on the outermost portion of the branches year round.
Deciduous Overstory Shade Tree means a woody plant which, at maturity, is thirty
(30) feet or more in height, with a single trunk, unbranched for several feet above the
ground, having a defined crown, and which loses leaves annually.
Deciduous Understory Ornamental Tree means a woody plant which, at maturity, is less than thirty (30) feet in height, with a single trunk, unbranched for several feet above the ground, having a defined crown, and which loses leaves annually.
Drive-Thru Lane Sign means any sign located along a drive-thru lane.
Dynamic Display means a sign or characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically
removing and replacing the sign or its components, whether the apparent movement
or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving,
flashing, blinking, or animated display and any display that incorporates rotating
panels, LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays.
Electric Vehicle (EV) means a passenger motor vehicle for on-road use that is
powered by an electric motor drawing current from a building electrical service,
EVSE, a rechargeable storage battery, a fuel cell, a photovoltaic array, or another source of electric current. EV includes battery electric vehicles and plug-in hybrid electric vehicles but does not include electric bicycles.
Electric Vehicle Charging Station (EVCS) means a designated automobile parking
space that has a dedicated connection for charging an electric vehicle using EVSE.
Electric Vehicle Supply Equipment (EVSE) means electrical circuitry and equipment dedicated to EV charging including conductors, connectors, attachment accoutrements, personnel protection, power outlets, apparatus, and equipment installed for connecting an electric vehicle to premise wiring for the purposes of
charging, power export, or bidirectional current flow.
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.
Flag means any fabric or similar lightweight material that is attached at one end of
the material, usually to a staff or pole, so as to allow movement of the material by
atmospheric changes and that contains distinctive colors, patterns, symbols, insignias, or other symbolic devices.
Free-Standing Sign means a pylon or monument sign which is placed in the ground and not affixed to any part of any structure.
Illuminated Sign means any sign which is illuminated by an artificial light source.
Incidental Sign means an onsite, freestanding sign that is supplemental to the principal use of the site and is orientated for viewing by vehicular and pedestrians onsite.
Landscape means site amenities, including trees, shrubs, ground covers, perennial
covers, flowers, fencing, berms, retaining walls, and other outdoor furnishings.
Mechanical Equipment means heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top of, beside, or adjacent to a
building and telecommunications mechanical equipment located on top of, beside, or
adjacent to a building.
Multi-tenant means structures containing two (2) or more businesses, uses, or occupants.
Non-Commercial Speech means dissemination of messages not classified as
commercial speech which include, but are not limited to, messages concerning
political, religious, social, ideological, public service, and informational topics.
Non-Conforming Sign means a sign which lawfully existed immediately prior to the adoption or amendment of Section 11.70, but does not conform to the newly enacted requirements of Section 11.70.
Off-Premises Sign means a commercial sign identifying or advertising an
establishment, person, activity, goods, products, or services offered at a location not on the same lot where such sign is located. For purposes of this definition, easements and other appurtenances will be considered to be outside such lot and any sign located or proposed to be located on an easement or other appurtenance will be considered an
off-premises sign.
On-Premises Sign means a commercial sign identifying or advertising an establishment, person, activity, goods, products, or services located on the premises where the sign is installed.
Owner means, in the case of a lot or parcel, the legal or equitable owner of the lot or
parcel as officially recorded with the county, and including fee owners, contract for
deed purchasers, and ground lessees. The term “owner” means, in the case of a sign, the owner of the sign, including a lessee.
Permanent Sign means any sign which is not a temporary sign.
Plant Material Average Size (Coniferous) means the total height of all coniferous
trees six (6) feet or over, divided by the total number of such trees.
Plant Material Average Size (Shade or Ornamental) means the total diameter of all deciduous overstory trees two and one-half (2½) inches or more in diameter, divided by the total number of trees.
Portable Sign means a sign designed to be movable from one (1) location to another
which is not permanently attached to the ground or any structure.
Projecting Sign means any sign attached to a building, all or part of which extends more than twelve (12) inches over public property, easements, or private pedestrian space, or which extends more than twelve (12) inches beyond the surface of the portion of the building to which it is attached or beyond the building line.
Public Art means an original work of art that is a form of non-commercial speech and that is accessible to the public as determined through a City review process. It may
include permanent visual art, performances, installations, events and other temporary
works, preservation or restoration of unique architectural features, ornamentation or details. It may also include the artist-designed infrastructure and structures themselves. It does not include commercial speech. Public art may possess functional as well as aesthetic qualities and may be integrated into the site or be a discrete work.
Retaining Wall means a wall or structure constructed of stone, concrete, wood or
other materials, used to retain soil, as a slope transition, or edge of a planting area.
Roof Sign means any sign erected upon or projecting above the roof of a structure to which it is affixed, except signs erected below the top (the cap) of a parapet wall.
Sandwich Board Sign means a self-supporting, A-shaped, freestanding temporary
sign with two (2) visible sides that is situated adjacent to a business, typically on a
sidewalk.
Screening means a barrier which blocks views from public roads and adjacent differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment.
Shielded Light Source means a light source for which all light elements will be
diffused or directed to eliminate glare and housed to prevent damage or danger.
Sign means any letter, word, symbol, device, poster, picture, reading matter, or representation in the nature of advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed, including
all associated brackets, braces, supports, wires, and structures that is displayed for
informational or communicative purposes.
Sign Area means that area that is included within the smallest shape which can be made to circumscribe the sign. The maximum sign area for a free-standing sign refers to a single face and does not include vertical structural members below the sign face
or the sign base.
Sign Base means any supportive structure below or surrounding the sign area that is located on the ground.
Street Frontage means the portion of a lot or parcel of land abutting one (1) or more streets.
Temporary Sign means a sign that is erected or displayed for a limited period of time.
Traffic Sign means a sign that is erected by a governmental unit for the purpose of regulating, directing, or guiding traffic.
Wall Area means the area of a wall of a building and is computed by multiplying the distance from the floor to the roof times the visible continuous width including
windows and doors of the space occupied by the sign owner.
Wall Sign means any sign that is affixed flat to a wall of any building.
Window Sign means any sign designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
Yard Sign means any sign that is made of lightweight materials, such as cardboard,
vinyl, or plastic pressboard, which are supported by a frame, pole or other structure and placed directly in the ground.
B. By deleting the definition of “Court” in its entirety.
C. By deleting the phrase “(excluding servants)” from the definition of “Family”.
Section 2. City Code Chapter 11, Section 11.03 is amended to add the following language
immediately after the table:
The location and boundaries of the districts established in this ordinance are set forth on the zoning map entitled “Zoning Map of the City of Eden Prairie” and the legal description of the land in each District and the zoning map are on file and open to the
public inspection in the office of the City Manager. In case of discrepancy between
legal description and zoning map, the legal description will prevail.
For ease of reference ordinances changing District zoning between November 6, 1969 and April 3, 1984, are set forth in City Code Chapter 25.
Section 3. City Code Chapter 11, Section 11.08, Subdivision 1, is deleted in its entirety and
replaced with the following:
Subd. 1. Fences. Fences may be installed as regulated by City Code Section 9.76.
Section 4. City Code Chapter 11, Section 11.10, Subdivision 3, Subsection A is amended in the “Minimum Lot Width at Right-of-Way Line” row in the table by deleting “300” in the second column and replacing it with “100”.
Section 5. City Code Chapter 11, Section 11.25 is amended as follows:
A. In Subdivision 3, Subsection A, by deleting the last four rows of the table in their entirety (relating to Minimum Zone Area, Maximum Zone Area, Floor Area Primary Use and Maximum Total Floor Area).
B. By renumbering the second Subdivision 14 (Floodplain) as Subdivision 15.
Section 6. City Code Chapter 11, Section 11.27, Subdivision 18, is amended to correct the spelling of “Subdivisin” at the end of the sentence by replacing it with “Subdivision”.
Section 7. City Code Chapter 11, Section 11.28, Subdivision 3, Subsection B, is amended in the
table by deleting “Rural” in the second column of the first row and replacing it with “Airport Commercial (A-C)”.
Section 8. City Code Chapter 11, Section 11.29, Subdivision 3, Subsection B, is amended in the table by deleting “Rural” in the second column of the first row and replacing it with “Airport Office
(A-OFC)”.
Section 9. City Code Chapter 11, Section 11.36, Subdivision 3, Subsection B is amended in the table by deleting “Public” in the second column of the first row and replacing it with “Golf Course”.
Section 10. City Code Chapter 11, Section 11.37, Subdivision 6, Subsection C, is amended in the
table by deleting “Public” in the second column of the first row and replacing it with “Parks and
Open Space”.
Section 11. City Code Chapter 11, Section 11.38, Subdivision 2, is amended in the definition of “Structure” to delete “Section 11.05” and replace it with “Section 11.38”.
Section 12. City Code Chapter 11, Section 11.39, Subdivision 3, Subsection B, is amended by
deleting “the following residentially zoned locations” and replacing it with “properties used as the
following”.
Section 13. City Code Chapter 11, Section 11.42 is amended as follows:
A. In Subdivision 2, by deleting the subdivision in its entirety and replacing it with “Subd. 2. Reserved.”
B. In Subdivision 4, by inserting the following sentence after the first sentence:
The security must be in the form of a standby letter of credit from a financial institution that is insured by the FDIC, or an escrow fund with sufficient capital approved by the City Manager, which is conditioned upon complete and satisfactory implementation of an approved landscape plan and which names the City as obligee or payee as applicable.
Section 14. City Code Chapter 11, Section 11.43, Subdivision 3, Subsection F, is amended by
adding the following new Item 4:
4. An electric vehicle charging station counts as one (1) space towards parking minimums in all districts. Electric vehicle supply equipment is exempt from setbacks.
Section 15. City Code Chapter 11, Section 11.44, Subdivision 5, is amended by adding the
following new Subsections E and F:
E. Duration. No temporary outdoor sales event may last longer than four (4) days, including set-up and take-down.
F. Frequency. No parcel may be issued more than four (4) temporary outdoor sales
event permits per calendar year.
Section 16. City Code Chapter 11, Section 11.46, is amended as follows:
A. In Subdivision 3, in the title of the subdivision, by deleting the first instance of the word “and”.
B. In Subdivision 3, Subsection A, by deleting the first instance of the word “and”.
Section 17. City Code Chapter 11, Section 11.51, Subdivision 3, is amended in the definitions of “City Engineer” and “Environmental Coordinator” by deleting “his/her” and replace it with “their” in both definitions.
Section 18. City Code Chapter 11, Section 11.70 is amended as follows:
A. In Subdivision 3, by deleting the subdivision in its entirety and replacing it with “Subd. 3. Reserved.”
B. In Subdivision 4, by adding a new Subsection U at the end of the subdivision that reads as follows:
U. For the purposes of this section, “height” means the distance between the uppermost
portion of the sign and the average natural grade of the ground immediately below
the sign.
Section 19. City Code Chapter 11, Section 11.77, is amended as follows:
A. In Subdivision 1, by deleting the phrase “a zoning certificate is required” and replacing it with the phrase “a zoning certificate may be required”.
B. In Subdivision 2, by deleting the subdivision in its entirety and replacing with “Subd. 2. Reserved.”
Section 20. 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 21. This ordinance will become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of February, 2025, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 4th day of March, 2025.
_________________________________ _________________________________
David Teigland City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 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 4th day of March, 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 and contains tables.
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 March 4, 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 11 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 11 of the City Code by relocating, deleting, and adding
new definitions to Section 11.02, adding language related to the zoning map table in Section 11.03, deleting and replacing language related to fencing regulations, referencing existing language in Section 9.76, replacing typographical errors in the tables in Sections 11.10, 11.28, 11. 29, 11.36, 11.37, and in sections 11.46; The amendment removes the Minimum Zone Area, Maximum Zone Area, Floor Area Primary Use, and Maximum Total Floor Area in the table in
Section 11.25. The amendment clarifies acceptable security when required, and confirms that Electric Vehicle parking spaces are counted as parking spaces. The amendment reaffirms the regulations applicable to temporary sales events in Section 11.44, the amendment confirms the definition for sign height in Section 11.70.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
____________________________ ______________________________
David Teigland, City Clerk Ron 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: March 4, 2025
Section: Consent Calendar
Item Number: VII.C.
Department: Community Development / Planning
Julie Klima / Jeremy Barnhart
ITEM DESCRIPTION
Lotus Villas Development Agreement Amendment
REQUESTED ACTION
Move to:
• Approve Development Agreement Amendment correcting legal descriptions
SUMMARY
The City approved the Lotus Villas at Anderson Lakes residential project in 2024. At that time,
the final plat was to be called Lotus Villas at Anderson Lake, and the supporting development
agreement incorporated this legal description. At the time of filing, however, the final plat
name was changed to Lotus Villas.
The action requested replaces Exhibit A of the Development Agreement, with a new Exhibit A
with the amended legal description, avoiding future confusion. No other changes to the
Development Agreement are proposed.
ATTACHMENTS
Development Agreement Amendment
1 First Amendment to Lotus Villas on Anderson Lake Development Agreement
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
Lotus Villas on Anderson Lake
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“First Amendment”) is entered into as of March 4, 2025, by R.E.C., Inc., a Minnesota corporation, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN
PRAIRIE, a municipal corporation, hereinafter referred to as “City”:
WITNESSETH: WHEREAS, Developer and City are parties to that certain Development Agreement dated
July 16, 2024, filed with the Hennepin County Registrar of Titles’ Office on August 8, 2024 as
Document No. 6089345 (the “Original Development Agreement”); WHEREAS, Exhibit A to the Original Development Agreement, which contains the before- and after-plat legal descriptions of the Property, contemplated that the plat for the Property
would be titled “Lotus Villas at Anderson Lake”;
WHEREAS, the final plat for the Property, which was filed with the Registrar of Titles’ Office on August 28, 2024 as Document No. 6092267, is instead titled “Lotus Villas”; and
WHEREAS, the parties wish to amend the Development Agreement to reflect the correct,
current legal description of the Property after platting.
2 First Amendment to Lotus Villas on Anderson Lake Development Agreement
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. Exhibit A to the Original Development Agreement is hereby deleted and replaced with Amended Exhibit A attached to this First Amendment. 2. Except as modified by this First Amendment, the terms and conditions of the Original
Development Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By___________________________ Ronald A. Case Its Mayor
By____________________________ Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss.
COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2025, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________ Notary Public
3 First Amendment to Lotus Villas on Anderson Lake Development Agreement
R.E.C., INC. By ________________________________ J. Michael Waldo
Its Chief Executive Officer
STATE OF MINNESOTA )
) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, by J. Michael Waldo, the Chief Executive Officer of R.E.C., Inc., a Minnesota corporation, on behalf
of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY: CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD
EDEN PRAIRIE, MN 55344
4 First Amendment to Lotus Villas on Anderson Lake Development Agreement
AMENDED EXHIBIT A
Lotus Villas On Anderson Lake Development
Agreement
Legal Description Before Final Plat
Tract B, Registered Land Survey No. 1550, Hennepin County, Minnesota.
Torrens Property
Torrens Certificate No. 1104669
Legal Description After Final Plat
Lots 1–4, Block 1, Lots 1–12, Block 2, Lots 1–3, Block 3, and Outlots A and B, Lotus Villas, Hennepin County, Minnesota.
5 First Amendment to Lotus Villas on Anderson Lake Development Agreement
CONSENT AND SUBORDINATION
The undersigned, owner of that certain Combination Mortgage, Security Agreement, and Fixture Financing Statement dated August 22, 2024, recorded in the office of the Hennepin County
Registrar of Titles, on August 28, 2024 as Document No. 6092269 covering the Property described
on Exhibit A hereto, for valuable consideration, does hereby consent to and subordinates it interest in the Property to that certain Development Agreement dated July 16, 2024, filed with the Hennepin County Registrar of Titles’ Office on August 8, 2024 as Document No. 6089345 and that certain First Amendment to Development Agreement, to which this Consent and
Subordination is attached, dated ______ __, 2025, by R.E.C., Inc. to the City of Eden Prairie.
NORTH AMERICAN BANKING COMPANY
By:
Its:
STATE OF MINNESOTA )
) ss. COUNTY OF ________________ )
On the ______ day of _______________, 2025, before me personally came
___________________________, to me known, who being duly sworn by me stated that he/she is the __________________________ of North American Banking Company, a Minnesota banking corporation, and that he/she is duly authorized to execute the foregoing instrument.
______________________________ Notary Public
6 First Amendment to Lotus Villas on Anderson Lake Development Agreement
Exhibit A To Consent and Subordination
Lots 1–4, Block 1, Lots 1–12, Block 2, Lots 1–3, Block 3, and Outlots A and B, Lotus Villas, Hennepin County, Minnesota.
4214352.v3
City Council Agenda Cover Memo
Date: March 4, 2025
Section: Consent Calendar
Item Number: VII.D.
Department: Parks and Recreation
ITEM DESCRIPTION
Digital Display Monument Sign at Senior Center
REQUESTED ACTION
Move to: Approve the purchase and installation of a new digital monument sign at the Eden
Prairie Senior Center to replace the current manual message board sign. Total cost for
purchase, installation and training from Think Digital Signs not to exceed $53,650.
SUMMARY
The Senior Center is a hub of activity and information for members of the community. This new
digital display sign will provide greater opportunities for communication to residents, while
modernizing the image of a facility that serves active older adults. The company selected, Think
Digital Signs, also installed the digital display sign at the Eden Prairie Community Center. With
similar signs and the same software, staff will be able to share messages across facilities.
ATTACHMENTS
Agreement with quote and mock-up
City Council Agenda Cover Memo
Date: March 4, 2025
Section: Consent Calendar
Item Number: VII.E.
Department: Matt Bourne, Parks and Natural Resources Manager and Jake Sandvig, Streets
Division Manager
ITEM DESCRIPTION
Approve Contract Services with SMSC Dakota Prairie Composting for 2025 MOSS and Yard
Waste Site Hauling and Disposal.
REQUESTED ACTION
Authorize Entering into a Contract Services with Shakopee Mdewakanton Sioux Community
(SMSC)’s Dakota Prairie Composting for grinding and removing woody debris and yard waste
from the MOSS and Yard Waste Site with an estimated total cost of $94,700.
SUMMARY
The Streets and Parks and Natural Resources Divisions collaborated on a bid for removing wood
and yard waste from the MOSS site. Eight vendors were solicited for bids. We received four bid
responses with Dakota Prairie Composting coming in with the lowest estimated bid at $94,700.
The following bids were received: Rock Hard Landscape Supply at $173, 675, BKJ Land Co at
$180,700, and Rivard Companies at $268,500. The woody debris is primarily from disease tree
removals within the City, including residential and City tree work. Now that the City is at peak
EAB infestation there is an increasing amount of wood waste requiring disposal by the City.
Yard Waste site is open for free resident drop off from April to November on Fridays, Saturdays,
and Sundays.
ATTACHMENTS
Acceptance of Notice of Conditions – SMSC (Requires Mayor Signature)
Contract Services – SMSC Dakota Prairie Composting
Quote Forms
Shakopee Mdewakanton Sioux Community
City of Eden Prairie
2330 SIOUX TRAIL NW• PRIOR LAKE, MINNESOTA 55372
TRIBAL OFFICE: 952.445.8900 • FAX: 952.233.4256
F ebrnary 21, 2025
Department of Forestry & Natural Resources
ATTN: Karli Wittner
15150 Technology Drive
Eden Prairie, MN 55344
OFFICERS
Cole W. Miller Chairman
Natasha K. Hacker Vice-Chairwoman
Ashley J. Cornforth Secretary/Treasurer
RE: Quote and Contract Documents for 2025 MOSS and Yard Waste Site Hauling and
Disposal
Dear Ms. Wittner:
On behalf of the Shakopee Mdewakanton Sioux Community, I am pleased to submit for
the City of Eden Prairie's consideration the enclosed Quote and Contract Documents for 2025
MOSS and Yard Waste Site Hauling and Disposal. Please note that the Quote and Contract
Documents are expressly conditioned upon the acknowledgement and acceptance by the City of
this Notice of Conditions, the terms of which are set forth below and submitted together with the
Preliminaiy Statement and attending documents.
The SMSC Organics Recycling Facility is wholly owned and operated by the Shakopee
Mdewakanton Sioux Community, a federally recognized Indian tribe. The Community exercises
inherent sovereign authority over its land and its enterprises, including the SMSC Organics
Recycling Facility. As a matter of federal law, state and local laws do not apply to the Community
and state and federal local governments do not exercise jurisdiction over the Community or its
entities, including the SMSC Organics Recycling Facility, which is located on trust lands.
Among the Shakopee Mdewakanton Sioux Community's sovereign rights is its immunity
from suit, which extends to the SMSC Organics Recycling Facility, and which applies to this
submission.
The Shakopee Mdewakanton Sioux Community frequently paiiners with state and local
governments pursuant to a government-to-government relationship with great success in which
each government respects the other patiy's jurisdiction and regulatory authority. Such a mutually
beneficial relationship has often included the SMSC Organics Recycling Facility.
The Shakopee Mdewakanton Sioux Community's submission of the enclosed City of Eden
Prairie Depaiiment of Public Works Streets Division Quote and Contract Documents is expressly
conditioned upon the terms contained in this Notice. Should the City accept the Quote and
2025 Quote and Contract Documents February 21, 2025
Page2
Documents, the Community shall not be deemed to have waived any sovereign rights or defenses
nor operate to subject the Community to state or local laws.
I thank you for your attention and consideration. We look forward to the opportunity to
work with the City of Eden Prairie in furtherance of our government-to-government relationship.
Acceptance of Notice of Conditions
Authorized Representative
City of Eden Prairie
Sincerely,
Cole W. Miller
Chai1man
Date
CITY OF EDEN PRAIRIE DEPARTMENT OF PUBLIC WORKS
STREETS DIVISION
QUOTE AND CONTRACT DOCUMENTS FOR 2025 MOSS and Yard Waste Site Hauling and Disposal
Quotes Due by Email: 9:00 A.M., Friday, February 21, 2025
Submit To:
Jake Sandvig Streets Division Manager 15150 Technology Drive
Eden Prairie, MN 55344 952-949-8534jsandvig(ci),edenprairie.org Karli Wittner Forestry & Natural Resources Supervisor 15150 Technology Drive
Eden Prairie, MN 55344 952-949-8463kwittner@edenprairie.org
(rev. 6/2024)
Standard Agreement for Contract Services (rev. 6/2024) Page 2 of 15
Agreement for Contract Services
This Contract (“Contract”) is made on the 4th day of March, 2025, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ___________________________________________________, a
Minnesota ______________________(hereinafter "Contractor") whose business address
is__________________________________________________________________________________________________.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for
2025 Moss Site and Yard Waste Site Hauling and Disposal hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1.Scope of Work. The Contractor agrees to provide, perform and complete all the provisions
of the Work in accordance with attached Exhibit A. Any general or specific conditions,terms, agreements, consultant or industry proposal, or contract terms attached to or a part ofExhibit A are declined in full and, accordingly, are deleted and shall not be in effect in anymanner.
2.Effective Date and Term of Agreement. This Agreement shall become effective as of thedate both the City and Contractor sign the contract. The work shall be completed byNovember 30, 2025.
3.Obligations of Contractor. Contractor shall conform to the following obligations:
a.Contractor shall provide the materials and services as set forth in Exhibit A.
b.Contractor and its employees will park in service areas or lots and use entries andexits as designated by City. Contractor’s personnel will contact the appropriate person
(i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering
the building, and will sign in and out if required by City.
c.Care, coordination and communication by Contractor is imperative so that guests andemployees in the buildings are not disturbed or inconvenienced during the
performance of the contracted services.
d.Contractor’s personnel must be neat appearing, wear a uniform and badge that clearlyidentifies them as a service contractor, and abide by City’s no smoking policies.
SMSC Dakota Prairie Composting
Company
12386 Chestnut Blvd, Shakopee, Minnesota 55372
(rev. 6/2024) e.Contractor must honor the City's request to reassign an employee for cause. Causemay include performance below acceptable standards or failure to present thenecessary image or attitude, in the judgment of the owner, to present a first classoperation.
f.When necessary, Contractor's personnel will be provided with keys or access cards inorder to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor.
4.City's Obligations. City will do or provide to Contractor the following:
a.Provide access to City properties as appropriate.
b.Provide restroom facilities as appropriate.
5.Compensation for Services. City agrees to pay the Contractor per cubic yard for woodgrinding, per load for hauling, and per ton for disposal with total payments made in each oneyear period not to exceed $174,000.00 as full and complete payment for the labor, materials
and services rendered pursuant to this Agreement and as described in Exhibit A.a.Any changes in the scope of the work which may result in an increase to thecompensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services that do not have prior written authorization.
b.If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, 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.
6.Method of Payment.
a.Contractor shall prepare and submit to City, on a monthly basis, itemized invoicessetting fmth work performed under this Agreement. Invoices submitted shall be paidin the same manner as other claims made to the City.
b.Claims. By making the claim for payment, the person making the claim is declaringthat the account, claim, or demand is just and correct and that no patt of it has been
paid.
c.No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7.Project Manager. The Contractor shall designated a Project Manager and notify the City inwriting of the identity of the Project Manager before staiting work on the Project. TheProject Manager shall be assisted by other staff members as necessary to facilitate theStandard Agreement for Contract Services (rev. 6/2024) Page 3 of 15
(rev. 6/2024)
completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City.
8.Standard of Care. Contractor shall exercise the same degree of care, skill and diligence inthe performance of its services as is ordinarily exercised by members of the profession undersimilar 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 shallput forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Contractor shall be responsible forcosts, delays or damages arising from unreasonable delays in the performance of its duties.
9.Insurance.a.General Liability. Prior to starting the Work, Contractor shall procure, maintain andpay 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 shallinclude, but not be limited to, minimum coverages and limits of liability specified inthis Paragraph, or required by law.
b.Contractor shall procure and maintain the following minimum insurance coveragesand limits of liability for the Work:
Worker's Compensation
Employer's Liability
Commercial General Liability
Comprehensive Automobile Liability
Statutory Limits
$500,000 each accident
$500,000 disease policy limit $500,000 disease each employee
$1,000,000 property damage and bodily 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
$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
Standard Agreement for Contract Services (rev. 6/2024) Page 4 of 15
(rev. 6/2024)
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 shallcover liability arising from premises, operations, independent contractors, products
completed operations, personal and advertising injury, and liability assumed under aninsured contract (including the tort liability of another assumed in a businesscontract). There shall be no endorsement or modification of the Commercial GeneralLiability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
d.Contractor shall maintain "stop gap" coverage if Contractor obtains Workers'
Compensation coverage from any state fund if Employer's liability coverage is notavailable.
e.All policies, except the Worker's Compensation Policy, shall name the "City of Eden
Prairie" as an additional insured.
f.All policies, except the Worker's Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the "City of Eden Prairie" as an additionalinsured 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 andindemnity obligations assumed by Contractor under this Agreement.
J.Contractor agrees to maintain all coverage required herein throughout the term of theAgreement 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 thecoverages required herein.
l.All policies shall contain a prov1s10n or endorsement that coverages affordedthereunder 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 nonrenewed without ten (10) days' prior notice to the City.
m.Contractor shall maintain in effect all insurance coverages required under thisParagraph at Contractor's sole expense and with insurance companies licensed to dobusiness in the state in Minnesota and having a current A.M. Best rating of no lessthan A-, unless specifically accepted by City in writing.
Standard Agreement for Contract Services (rev. 6/2024) Page 5 of 15
(rev. 6/2024)
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 ofContractor's Work. Upon request a copy of the Contractor's insurance declarationpage, Rider and/or Endorsement, as applicable shall be provided. Such documentsevidencing Insurance shall be in a form acceptable to City and shall providesatisfactory evidence that Contractor has complied with all insurance requirements.Renewal ce1tificates shall be provided to City prior to the expiration date of any ofthe required policies. City will not be obligated, however, to review such Ce1tificateof Insurance, declaration page, Rider, Endorsement or certificates or other evidenceof insurance, or to advise Contractor of any deficiencies in such documents andreceipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City'sright to enforce the terms of Contractor's obligations hereunder. City reserves theright to examine any policy provided for under this paragraph.
o.Effect of Contractor's Failure to Provide Insurance. If Contractor fails to providethe specified insurance, then Contractor will defend, indemnify and hold harmless theCity, the City's officials, agents and employees from any loss, claim, liability andexpense (including reasonable attorney's fees and expenses of litigation) to the extentnecessary to afford the same protection as would have been provided by the specifiedinsurance. Except to the extent prohibited by law, this indemnity applies regardless ofany strict liability or negligence attributable to the City (including sole negligence) andregardless of the extent to which the underlying occurrence (i.e., the event giving rise toa claim which would have been covered by the specified insurance) is attributable tothe negligent or otherwise wrongful act or omission (including breach of contract) ofContractor, its subcontractors, agents, employees or delegates. Contractor agrees thatthis indemnity shall be construed and applied in favor of indemnification. Contractoralso agrees that if applicable law limits or precludes any aspect of this indemnity, thenthe indemnity will be considered limited only to the extent necessary to comply withthat applicable law. The stated indemnity continues until all applicable statutes oflimitation have run.
If a claim arises within the scope of the stated indemnity, the City may reqmre Contractor to: 1.Furnish and pay for a surety bond, satisfactory to the City, guaranteeingperformance of the indemnity obligation; or11. Furnish a written acceptance of tender of defense and indemnity fromContractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
10.Indemnification. Contractor will defend and indemnify City, its officers, agents, andemployees and hold them harmless from and against all judgments, claims, damages, costsand expenses, including a reasonable amount as and for its attorney's fees paid, incurred orfor which it may be liable resulting from any breach of this Agreement by Contractor, itsagents, contractors and employees, or any negligent or intentional act or omission performed,
Standard Agreement for Contract Services (rev. 6/2024) Page 6 of 15
(rev. 6/2024) taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any
loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
11.Warranty. The Contractor expressly warrants and guarantees to the City that all Workperformed and all materials furnished shall be in accord with the Agreement and shall be freefrom defects in materials, workmanship, and operation which appear within a period of oneyear, or within such longer period as may be prescribed by law or in the terms of the
Agreement, from the date of City's written acceptance of the Work. The City's rights underthe Contractor's warranty are not the City's exclusive remedy. The City shall have all otherremedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten ( 10)
calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the
operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and ( c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties.
12.Termination.a.This Agreement may be terminated at any time by either patty for breach or nonperformance of any provision of this Agreement in accordance with the following.
The party ("notifying party") who desires to terminate this Agreement for breach ornon-performance of the other patty ("notified party") shall give the notified partynotice in writing of the notifying patty's desire to terminate this Agreement
describing the breach or non-performance of this Agreement entitling it to do so. Thenotified party shall have five (5) days from the date of such notice to cure the breachor non-performance. Upon failure of the notified party to do so, this Agreement shallautomatically terminate.
b.Upon the termination of this Agreement, whether by expiration of the original or anyextended term or terms hereof, or for any other reason, Contractor shall have theStandard Agreement for Contract Services (rev. 6/2024) Page 7 of 15
(rev. 6/2024)
right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other prope1ty. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement.
c.In the event of dissolution, termination of existence, insolvency, appointment of areceiver, assignment for the benefit of creditors, or the commencement of anyproceeding under any bankruptcy or insolvency law, or the service of any warrant,attachment, levy or similar process involving Contractor, City may, at its option inaddition to any other remedy to which City may be entitled, immediately terminatethis Agreement by notice to Contractor, in which event, this Agreement shallterminate on the notice becoming effective.
13.Independent Contractor. Contractor is an independent contractor engaged by City toperform the services described herein and as such (i) shall employ such persons as it shalldeem necessary and appropriate for the performance of its obligations pursuant to thisAgreement, who shall be employees, and under the direction, of Contractor and in no respectemployees of City, and (ii) shall have no authority to employ persons, or make purchases ofequipment on behalf of City, or otherwise bind or obligate City. No statement herein shall beconstrued so as to find the Contractor an employee of the City.
14.Mediation. Each dispute, claim or controversy arising from or related to this agreementshall be subject to mediation as a condition precedent to initiating legal or equitable actionsby either party. Unless the parties agree otherwise, the mediation shall be in accordance withthe Commercial Mediation Procedures of the American Arbitration Association thencurrently in effect. A request for mediation shall be filed in writing with the AmericanArbitration Association and the other party. No legal or equitable action may be institutedfor a period of 90 days from the filing of the request for mediation unless a longer period oftime is provided by agreement of the parties. Cost of mediation shall be shared equallybetween the parties. Mediation shall be held in the City of Eden Prairie unless anotherlocation is mutually agreed upon by the patties. The patties shall memorialize any agreementresulting from the mediation in a mediated settlement agreement, which agreement shall beenforceable as a settlement in any comt 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.
Standard Agreement for Contract Services (rev. 6/2024) Page 8 of 15
(rev. 6/2024)
16.Compliance with Laws and Regulations. In providing services hereunder, theContractor shall abide by statutes, ordinances, rules, and regulations pertaining to theprovisions of services to be provided. Any violation of statutes, ordinances, rules andregulations pe1taining to the services to be provided shall constitute a material breach ofthis 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 ofthe City shall have a financial interest, direct or indirect, in this Agreement. Theviolation of this provision renders the Agreement void.
18.Counterparts. This Agreement may be executed in multiple counterpa1ts, each of whichshall be considered an original.
19.Damages. In the event of a breach of this Agreement by the City, Contractor shall not beentitled to recover punitive, special or consequential damages or damages for loss ofbusiness.
20.Employees. Contractor agrees not to hire any employee or former employee of City andCity agrees not to hire any employee or former employee of Contractor prior totermination of this Agreement and for one (1) year thereafter, without prior writtenconsent 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 connectionwith the enforcement by the City during the term of this Agreement or thereafter of anyof the rights or remedies of the City under this Agreement.
22.Entire Agreement, Construction, Application and Interpretation. This Agreement isin 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. Theentire agreement of the parties is contained herein. This Agreement supersedes all oralagreements and negotiations between the parties relating to the subject matter hereof aswell as any previous agreements presently in effect between the patties relating to thesubject matter hereof. Any alterations, amendments, deletions, or waivers of theprovisions of this Agreement shall be valid only when expressed in writing and dulysigned by the patties, unless otherwise provided herein.
23.
24.
Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive
Standard Agreement for Contract Services (rev. 6/2024) Page 9 of 15
(rev. 6/2024)
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 fmther 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 patty upon the other is given inaccordance with this Agreement if it is directed to either patty by delivering it personallyto an officer of the patty, or if mailed in a sealed wrapper by United States registered orce1tified mail, return receipt requested, postage prepaid, or if deposited cost paid with anationally recognized, reputable overnight courier, properly addressed to the addresslisted on page 1 hereof. Notices shall be deemed effective on the earlier of the date ofreceipt or the date of mailing or deposit as aforesaid, provided, however, that if notice isgiven by mail or deposit, that the time for response to any notice by the other party shallcommence to run one business day after any such mailing or deposit. A patty maychange its address for the service of notice by giving written notice of such change to theother party, in any manner above specified, 10 days prior to the effective date of suchchange.
26.Rights and Remedies. The duties and obligations imposed by this Agreement and therights and remedies available thereunder shall be in addition to and not a limitation of anyduties, obligations, rights and remedies otherwise imposed or available by law.
27.Services Not Provided For. No claim for services furnished by the Contractor notspecifically provided for herein shall be honored by the City.
28.Severability. The provisions of this Agreement are severable. If any pottion hereof is,for any reason, held by a court of competent jurisdiction to be contrary to law, suchdecision shall not affect the remaining provisions of this Agreement.
29.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 otherpatties relevant to this Agreement 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 Agreement. This provision will survive the completion or termination of thisAgreement.
b.Data Practices. Any repotts, information, or data in any form given to, orprepared or assembled by the Contractor under this Agreement which the City requests tobe kept confidential, shall not be made available to any individual or organization withoutthe City's prior written approval. This Agreement is subject to the Minnesota GovernmentData Practices Act, Minnesota Statutes Chapter 13 ("MGDP A"). In accordance withMinn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Contractor to performany function of the City, all government data, as defined in Minn. Stat. § 13 .02, subd. 7,
Standard Agreement for Contract Services (rev. 6/2024) Page 10 of 15
(rev. 6/2024)
which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this
Agreement is subject to the requirements of the MGDPA and Contractor shall comply
with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar 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 Agreementshall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
Standard Agreement for Contract Services (rev. 6/2024) Page 11 of 15
CITY OF EDEN PRAIRIE
Mayor
City Manager
CONTRACTOR
By: ___________ _
Its: --------------
1.SCOPE OF WORK
EXHIBIT A Quote/Proposal/Scope of Work
(rev. 6/2024)
a.City of Eden Prairie is seeking bids from companies for timely processing andhauling of materials at the MOSS Site and Yard Waste Site at 9811 Flying Cloud.The site is divided between City wood waste drop off and public yard waste dropoff. This contractor is focusing on both materials for the City of Eden Prairie. Thehauling and disposal shall not impede the public's use of the site during thenormal hours of operation.
b.The Contractor should be familiar with the site/location, the work to be done andlocal conditions affecting the cost of the work under which it must be performedand hereby proposes to furnish all labor, materials, and equipment to meet theneeds of these services. The City of Eden Prairie will not be responsible for anydamages to the Contractor's tools or equipment.
c.Yard Waste Site Schedule: The Yard Waste Site typically opens the last Friday inApril and closes the Sunday before Thanksgiving. Closed Monday throughThursday the entire season, as well as Easter, Memorial Day, Juneteenth Day,Independence Day, Labor Day, and Veterans Day. Hours to avoid operating in arethe following:
April 25 -October 1 *
Friday 2 p.m. -7 p.m.
Saturday-Sunday 8 a.m-3 p.m.
2.SPECIFICATIONS -GENERAL
October 2-November 23*
Friday 2 p.m. - 5 p.m.
Saturday-Sunday 8 a.m-3 p.m.
a.After notification by the City, the Contractor is required to respond in a timelymanner to haul away the debris. This is anticipated to be two to three times peryear for the wood debris and at the end of the season for the yard waste debris.The hauling for the wood debris is anticipated to be during these dates: April 7 -April 24, November 10 -21. The hauling of the yard waste debris is anticipated tobe November 24 -26.b. Promptly load and haul all wood debris and yard waste (grass and leaves) off sitefor disposal.c.Once all hauling of yard waste material is complete, the contractor must removeequipment from the Yard Waste Site within 3 days.d.The Contractor needs to build labor, materials, equipment, and mobilizationexpenses into their cost.e.The Contractor shall remove all debris and disposal shall be in strict accordancewith local and State of Minnesota laws and ordinances.
Standard Agreement for Contract Services (rev. 6/2024) Page 12 of 15
(rev. 6/2024) f.Secure all permits needed to remove disease tree wood and invasive woody debrisfrom MOSS site. This is including, but not limited to Emerald Ash Borer, Oak
Wilt, Dutch Elm's Disease, buckthorn, and honeysuckle.g.The Contractor shall remove all debris caused by their work at the job site anddispose of it at no additional cost to the City. Disposal shall be in strict
accordance with local and State of Minnesota laws and ordinances.h.The Contractor shall provide sufficiently qualified on-site personnel to executethe work covered by the contract. All personnel shall perform the work in a safe
and professional manner. Contractor's personnel shall dress and conductthemselves appropriately on the job site. Shirts are to be worn at all times andmust be high-visibility Class 2 or wear an ANSI/ISEA Class 2 vest.i.The Contractor shall conduct all aspects of its operation in compliance with all
local, State of Minnesota and Federal Environmental Protection Agency rules,regulations, laws and any other legal requirements for the protection of theenvironment. Materials or processes that use asbestos, beryllium or mercury shall
not be used.j.Contractor is required to immediately repair, to the City's Project Manager'ssatisfaction, any sites damage caused by their equipment.
k.Contractor will notify the City's Project Manager at least 24-hours in advance ofwhen they plan to be on-site. The Contractor must also contact the City's ProjectManager within the first 48 hours of work occurring on this project to confirm
that work went as intended.I.Work may only be performed from 7 AM-7PM, Monday through Thursday, unlessprior approval is given by the City's Project Manager. Work may not occur onholidays recognized by the City of Eden Prairie without City's Project Manager
approval.m.No portion of the work on this contract may be sub-contracted or performed byanother contractor other than the contractor listed in this agreement, unless
approved by the City.
n.Failure to abide by any of these specifications could result in nonpayment forservices or immediate termination of this contract, as decided by the City.
3.COMMENCEMENT OF WORK, COMPLETION OF WORK, AND INVOICINGa.All work shall be completed by November 30, 2025.b.The Contractor will need to furnish the City with each invoice date work wascompleted, the total amount ground in tons or cubic yards removed from site.
c.Invoicing for completed work shall not be submitted more frequently thanmonthly.
d.E-mail invoices to jsandvig@edenprairie.org and kwittner@edenprairie.orge.The undersigned, after having personally examined the plans, specifications, forthe proposed work, hereby proposes to furnish all labor, materials, equipment, andservice necessary for the work outlined in this contract.
f.The undersigned further agrees to fully complete all such work and to maintainthe entire work in a proper and workman like manner until approved and acceptedby the City's Project Manager in accordance with this contract.Standard Agreement for Contract Services (rev. 6/2024) Page 13 of 15
(rev. 6/2024)
g.The undersigned fmther proposes to comply with all legal requirements ofcontractors on public prope1ty.h.It is hereby agreed that the City of Eden Prairie has the right to reject this proposalor to award the work to the undersigned at the prices stipulated. The City of EdenPrairie also reserves the right to increase or decrease the quantity of work asindicated in the original proposal at any time.
Standard Agreement for Contract Services (rev. 6/2024) Page 14 of 15
(rev. 6/2024)
QUOTE FORM
City of Eden Prairie 2025 MOSS and Yard Waste Site Hauling and Disposal
The City of Eden Prairie will have Yard Waste Hauling at the Eden Prairie Yard Waste Site, 9811 Flying Cloud Drive. This contract will be priced out to haul from the site per load and disposal fee per load.
City MOSS Site and Yard Waste Site Hauling and
ITEM UNIT ESTIMATED QUANTITY
Grinding Wood Debris Cu Yards 17,000
Hauling Wood Debris Per Load 215
Disposal of Wood Debris Tons 4250
Hauling Wood Chip Pile Per Load 5
Disposal of Wood Chip Pile Tons 100
Hauling Yard Waste Debris Per Load 30
Disposal of Yard Waste Debris Tons 550
Detail how many tons per load you are bidding for hauling _20-23 tons per
load maximum allowed based on road restrictions. -------
S/11.$C ((}:i/cole. �ralrle, Umf61Nn5
�dtN�� Q, ,Af[fl J/lOr?tfyPRIN DNAME
TITLE
/2s% �� 11,/vD
ADDRESS
CITY, STATE, ZIP CODE
612 � I/ .so-21/ f 0
TELEPHONE M1not�
STA TE OF INCORPORATION
Standard Agreement for Contract Services (revfBm>¼pf 15
BID PRICE
$ 4.50
$ 0.00
$ u.uu
$ 0.00
$ 28.00
$ 0.00
$ 28.00
Responsible Contractor Verification
I am an owner or officer of S..,/VJ<;: G [name of bidder] ("Bidder"). I hereby verify that Bidder is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes§ 16C.285, subdivision 3, and as explained in the attached document entitled "Responsible Contractor Requirement."
I further agree that Bidder has received a signed statement under oath from each subcontractor and motor carrier that Bidder intends to use to perform work on the project verifying that the subcontractor and motor carrier meets the minimum criteria under Minn. Stat.§ 16C.285, and that Bidder will furnish such statements to the contracting authority upon request. Bidder intends to retain the following first-tier subcontractors and motor carriers for work on this project:
If Bidder is awarded the contract for the project, I further agree that Bidder will submit the attached document entitled "Additional Subcontractor and Motor Carrier List" as required.
Signed this'�, _rr-day offu\\)Q/f\...,\ , 20ci,'\
By: Pu sf, )-1 ft?oaty [printed name]
Q;'rec;,Jry [title] of ___ Q"----·_,_1VJ-----'--'rl=--G ___ [name of bidder]
STATE OF MINNESOTA
COUNTY OF � LO 'ft
) ) ss. )
Signed and sworn to before me on V'iliiM \j d.. \ , 20l£_, by �\)S � n fVI� 'f\ t-t v:)
l{elly J J0nes
l�OTARY PUBLIC
MINNESOTA mmission Expir�s Jan 31, 2026 � ...... -......nJt'Sffl•tll¥
RESPONSIBLE CONTRACTOR REQUIREMENT
To be eligible to be awarded this contract, each bidder must submit a signed statement, under oath,
verifying that it is a "responsible contractor" as that term is defined in Minnesota Statutes §
l 6C.285, subdivision 3. To be a "responsible contractor," a contractor must be in compliance with
the following minimum criteria:
(1)the contractor:(i)is in compliance with workers' compensation and unemployment insurancerequirements;(ii)is in compliance with Department of Revenue and the Department ofEmployment and Economic Development registration requirements if it hasemployees;(iii)has a valid federal tax identification number or a valid Social Security numberif an individual; and(iv)has filed a ce1iificate of authority to transact business in Minnesota with thesecretary of state if a foreign corporation or cooperative;
(2)the contractor or related entity is in compliance with and, during the three-year periodbefore submitting the verification, has not violated Minnesota Statutes sections 177.24,177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated the UnitedStates Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to3148. For purposes of this clause, a violation occurs when a contractor or related entity:(i)repeatedly fails to pay statutorily required wages or penalties on one or moreseparate projects for a total underpayment of $25,000 or more within the threeyear period, provided that a failure to pay is "repeated" only if it involves two ormore separate and distinct occurrences of underpayment during the three-yearperiod;(ii)has been issued an order to comply by the commissioner of labor and industrythat has become final;(iii)has been issued at least two determination letters within the three-year periodby the Depaiiment ofTranspmiation finding an underpayment by the contractor orrelated entity to its own employees;(iv)has been found by the commissioner of labor and industry to have repeatedlyor willfully violated any of the sections referenced in this clause pursuant to section177.27;(v)has been issued a ruling or findings of underpayment by the administrator ofthe Wage and Hour Division of the United States Depatiment of Labor that havebecome final or have been upheld by an administrative law judge or theAdministrative Review Board; or(vi) has been found liable for underpayment of wages or penalties ormisrepresenting a construction worker as an independent contractor in an actionbrought in a comi having jurisdiction.
Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;
(3)the contractor or related entity is in compliance with and, during the three-year periodbefore submitting the verification, has not violated Minnesota Statutes section 181.723 orchapter 326B. For purposes of this clause, a violation.occurs when a contractor or relatedentity has been issued a final administrative or licensing order;
( 4)the contractor or related entity has not, more than twice during the three-year periodbefore submitting the verification, had a ce1iificate of compliance under Minnesota Statutes
section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;
(5)the contractor or related entity has not received a final determination assessing amonetary sanction from the Depaitment of Administration or Transpo1tation for failure tomeet targeted group business, disadvantaged business enterprise, or veteran-ownedbusiness goals, due to a lack of good faith effmt, more than once during the three-yearperiod before submitting the verification;
(6)the contractor or related entity is not currently suspended or debarred by the federalgovernment or the state of Minnesota or any of its departments, commissions, agencies, orpolitical subdivisions that have authority to debar a contractor; and
(7)all subcontractors and motor carriers that the contractor intends to use to performproject work have verified to the contractor through a signed statement under oath by anowner or officer that they meet the minimum criteria listed in clauses (1) to (6).
Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria.
Any prime contractor, subcontractor, or motor carrier that does not meet the minimum criteria in Minn. Stat. § 16C.285, subd. 3, which section is set fo1th above, fails to verify compliance with any one of the required minimum criteria, or makes a false statement under oath verifying compliance is not a "responsible contractor" and is not eligible to be awarded a construction contract for the project or to perform work on the project.
A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a contract awarded to a prime contractor, subcontractor, or motor carrier that submits a false statement.
A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first-tier subcontractors that it intends to retain for work on the project. Prior to execution of a construction contract, and as a condition precedent to the execution of a construction contract, the apparent successful prime contractor shall submit to the contracting authority a supplemental verification under oath confirming compliance with subdivision 3, clause (7). Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that they meet all of the minimum criteria in subdivision 3 prior to execution of a construction contract with each subcontractor. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verification of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors.
A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7).
A Responsible Contractor Verification form is provided with the bid documents. Each bidder must submit the form with its proposal.
ADDITIONAL SUBCONTRACTORS AND MOTOR CARRIERS LIST
PROJECT TITLE: ----------------------------
Pursuant to Minn. Stat. § 16C.285, subd. 5, the prime contractor must submit this form within 14 days ofretaining additional subcontractors and motor carriers on the project. This form must be submitted to the Project Manager or individual as identified in the solicitation document.
Additional Subcontractors
By signing this document, I certify that I am an owner or officer of the company, and I swear under oath that all additional subcontractors and motor carriers listed on this Additional Subcontractor List have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285.
Signed this ___ day of _______ , 20_
By: _____________ [printed name]
_____ [title] of _________ [name of company]
STATE OF MINNESOTA ) ) ss. COUNTY OF ____ )
Signed and sworn to before me on _______ ., 20 __ , by __________ _
Notary Public (stamp)
City Council Agenda Cover Memo
Date: March 4, 2025
Section: Consent Calendar
Item Number: VII.F.
Department: Public Works/Engineering Division – Carter Schulze, City Engineer
ITEM DESCRIPTION
Approve Professional Services Agreement with SRF Consulting Group, Inc. (SRF) for the TH 5
and CSAH 4 Supplemental Information for Interchange Request Process (IC # 21822)
REQUESTED ACTION
Move To: Approve Professional Services Agreement with SRF Consulting Group, Inc. in
the amount of $60,000 for the TH 5 and CSAH 4 Supplemental Information Interchange
Request Process
SUMMARY
Previous work surrounding this intersection included the Small Area Transportation Plan, which
identified needs and vision concepts, as well as the initial preparation and submission of the
Met Council’s Appendix F interchange request application for the TH 5 and CSAH 4 interchange.
In response, the Met Council requested supplemental information be provided to better align
with their criteria and approval process. Further work by SRF is necessary to advance the
interchange approval process. This work will be funded by the transportation fund.
ATTACHMENT
Professional Services Agreement
(rev. 6/2024)
Agreement for Professional Services
This Agreement (“Agreement”) is made on this 4th day of March, 2025, between the City of Eden
Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080
Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc., a Minnesota
corporation (hereinafter “Consultant”) whose business address is _3701 Wayzata Blvd, Suite 100
Minneapolis, MN 55416-3791.
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 TH 5 and CSAH 4 (Eden Prairie Road) Supplemental Information for
Interchange Request Process (IC 21822) 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 ( SRF Proposal Letter dated February 18, 2025) 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 _March 4, 2025 through
September 30, 2025 the date of signature by the parties notwithstanding. This Agreement
may be extended upon the written mutual consent of the parties for such additional period
as they deem appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $ 60,000.00 for the services as described in Exhibit
A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
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
TH5 & CSAH4 Supplemental Info
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.
TH5 & CSAH4 Supplemental Info
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
TH5 & CSAH4 Supplemental Info
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
TH5 & CSAH4 Supplemental Info
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.
TH5 & CSAH4 Supplemental Info
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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
TH5 & CSAH4 Supplemental Info
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of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred
or for which it may be liable resulting from any breach of this Agreement by Consultant,
its agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Consultant, its agents, contractors and
employees, relative to this Agreement. 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
TH5 & CSAH4 Supplemental Info
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
TH5 & CSAH4 Supplemental Info
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.
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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
SRF Consulting Group, Inc.
By:
Its:
www.srfconsulting.com
3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Fax: 1.866.440.6364
An Equal Opportunity Employer
SRF 19007.PP
February 18, 2025 EXHIBIT A
Carter Schulze, PE, City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Subject: Proposal for Professional Services for:
TH 5/CSAH 4 Appendix F - Supplemental Information
Dear Carter:
An Appendix F Interchange Request Application for the TH 5/CSAH 4 intersection was developed on
January 2, 2024, by SRF in collaboration with the City of Eden Prairie. On May 31, 2024, the interchange
review committee of MnDOT and Met Council issued a letter outlining supplemental information and
project modifications needed to align with the Appendix F interchange approval process and criteria.
Therefore, SRF is submitting this proposal to address the outstanding requirements identified by the
committee. Based on our understanding of the request, the following scope of services was developed,
which align with the points outlined in the interchange review committee’s letter response and discussions
with Hennepin County and MnDOT.
Assumptions
· No new roadway conceptual layouts or intersection capacity analysis will be completed.
Scope of Services
We propose to carry out the work as described in the following tasks:
CMP Analysis (Criteria 1)
1. Congestion Screening - Evaluate the corridor’s congestion level using the CMP protocol, including
analysis of the Travel Time Index (TTI) and comparison to CMP thresholds, as well as collecting
congestion data for specific intersections. A congestion map will be developed based on CMP guidance.
2. Context and Causes Analysis – Determine the context and causes of congestion along the corridor, and
provide exhibits of the roadway characteristics, socioeconomic factors, land use, and transportation
features of the study area.
3. Analysis Summary – Prepare a summary memorandum documenting the congestion issues, contributing
factors, and transportation needs based on the data gathered and the analysis conducted.
TH 5/CSAH 4 Appendix F – Supplemental Information February 18, 2025
Page 2
4. Strategy Screening – Screen potential congestion mitigation strategies and rate each one (low, medium,
high) based on its relevance and effectiveness in addressing the identified congestion issues. A matrix of
the screened strategies, along with reasoning for each rating, will be developed.
Traffic Analysis/Forecasting Assumptions (Criteria 2)
5. Compare recently collected (i.e. September 2024) turning movement counts at the TH 5/CSAH 4
intersection, collected as part of the MnDOT Northwest/Southwest Signal Optimization Project, with both
historical traffic counts and the traffic volumes collected as part of the TH 5 and Eden Prairie Road (CSAH
4) Small Area Transportation Plan.
6. Review the regional travel demand model to determine the projected annual growth rate for the study
area.
7. Analyze the historical ADT data published from MnDOT, factoring in travel pattern changes associated
with the US 212 conversion to a principal arterial and COVID-19 impacts, to better understand the
underlying growth trends for the corridor.
8. Examine the TPP 2050 household and employment projections for Eden Prairie and surrounding
westward communities that are likely to use TH 5 as a regional corridor, and assess how these projections
will influence the core need for the project.
9. Evaluate the impact of new data and future forecasting analyses to determine if previous findings and
recommendations remain valid or if adjustments are required.
Documentation
10. Collaborate with the City of Eden Prairie to develop responses to the other criteria highlighted in the
interchange review committee’s response letter (i.e. outstanding comments beyond the CMP Analysis
and Traffic Analysis/Forecasting Assumptions).
11. Develop a high-level cost estimate for one (1) grade separated interchange layout, including a breakdown
of environmental costs (i.e. right-of-way, environmental, and utilities), design and engineering, and
construction costs.
12. Prepare a draft letter memorandum documenting the findings and/or responses regarding the CMP
Analysis, Traffic Analysis/Forecasting Assumptions, and other criteria. Make up to two rounds of
revisions, as appropriate, based on project team (City and/or Interchange Review Committee) review
and prepare a final letter memorandum.
Project Management & Meetings
13. The table below summarizes the meeting assumptions, including the number of meetings, meeting type
(virtual/in-person), SRF staff attendance, participants, and objectives.
14. Provide day-to-day project management, administration, and quality control, as well as general
coordination with project staff.
TH 5/CSAH 4 Appendix F – Supplemental Information February 18, 2025
Page 3
Meeting Assumptions
Participants Objective
Number Type SRF Staff
1 Virtual 2 Interchange Review
Committee
Discuss memo response, findings, and any
additional Interchange Review Committee
comments
3 In-person 2 PMT Group (i.e. Chad
Ellos, Ryan Wilson) Project coordination & support
2 Virtual 2 MnDOT Planning
Discuss current planning efforts, along with
potential improvements and alternative
strategies to enhance traffic management.
2 Virtual 3 MnDOT Geometrics
Discuss current concept layouts developed
and potential improvements, refinements,
and/or other ideas.
Schedule
We are prepared to begin immediately and will complete the work within a mutually agreed-upon time
schedule. The following preliminary schedule was developed based on the scope of services. In general, we
anticipate that a draft technical letter memorandum will be completed within eight (8) to ten (10) weeks after
notice to proceed, which will include the results of the CMP Analysis and Traffic Analysis/Forecasting
Assumption Phases. As suggested by the PMT group, various technical meetings will be held before and
after the memorandum is drafted and will be scheduled as needed based on project requirements.
Study Phase/Task April May June July
Phases
CMP Analysis
Traffic Analysis/Forecasting
Documentation
Meetings
Interchange Review Committee X
PMT Group X X X
MnDOT Planning X X
MnDOT Geometrics X (1) X
(1) Intended as the first meeting.
TH 5/CSAH 4 Appendix F – Supplemental Information February 18, 2025
Page 4
Budget
Based on our understanding of the scope of services, the total cost of our services is not to exceed $60,000,
which includes both time and expenses. A detailed summary of each phase is as follows:
· CMP Analysis (Criteria 1): $10,000
· Traffic Analysis/Forecasting Assumptions (Criteria 2): $15,000
· Documentation: $12,500
· Project Management & Meetings: $22,500
We sincerely appreciate your consideration of this proposal and look forward to working with you on this
project. Please feel free to contact us if you have any questions or need additional information.
Sincerely,
SRF CONSULTING GROUP, INC.
Patrick Corkle, PE (MN WI NE)
Senior Director
Brent Clark, PE (MN SD)
Project Manager
This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost
estimate after 90 days from the date of this proposal.
K:\Traffic\Proposals\Clark\1_Minnesota\Eden Prairie\TH 5_CSAH 4\Appendix F_Supplemental Information\17142.PP_EP TH5_CSAH4
Appendix F Supplemental Information_250218.docx
City Council Agenda Cover Memo
Date: March 4, 2025
Section: Consent Calendar
Item Number: VII.G.
Department: Public Works/Engineering Division – Patrick Sejkora, Water Resources
Engineer
ITEM DESCRIPTION
Approve Professional Services Agreement with Stantec Consulting Services, Inc. (Stantec) for
the Pond 05-13-B Feasibility Study (IC # 25807)
REQUESTED ACTION
Move To: Approve Professional Services Agreement with Stantec Consulting Services,
Inc. in the amount of $30,255.00 for the Pond 05-13-B Feasibility Study
SUMMARY
Pond 05-13-B is a dry pond located off North Manor Road that was originally constructed in
1988. The pond requires maintenance due to accumulated sediment and failing wooden
retaining walls. The current pond provides minimal water quality benefit and is located within
the Staring Lake subwatershed, which is impaired for nutrients. The pond is also part of an
older neighborhood storm sewer system that has flooding concerns. This feasibility study will
evaluate if there are potential water quality and flood storage benefits that can be incorporated
with the sediment removal and retaining wall maintenance. The project includes an optional
third task to prepare 60% project plans for the preferred design alternative.
ATTACHMENT
Professional Services Agreement
(rev. 6/2024)
Agreement for Professional Services
This Agreement (“Agreement”) is made on this 5th day of February, 2025, between the City of Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stantec Consulting Services, Inc., a Minnesota Corporation (hereinafter “Consultant”) whose business address is One Carlson Parkway North,
Suite 100, Plymouth, MN 55447-4440.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety
of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for IC 25807 – Pond 05-13-B Feasibility Study hereinafter referred to as the “Work”. The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Letter Dated February 12, 2025) 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 March 04, 2025 through August 31, 2025 the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $30,255.00 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, pandemics, governmental actions, actions of a third party, or actions or inactions of City, the
Page 2 of 10 (rev. 6/2024)
time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges,
if any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract.
b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on
Page 3 of 10 (rev. 6/2024)
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 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.
Page 4 of 10 (rev. 6/2024)
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 Aggregate
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$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 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
Page 6 of 10 (rev. 6/2024)
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 negligent or otherwise wrongful act or omission (including breach of contract) of
Page 7 of 10 (rev. 6/2024)
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
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
Page 8 of 10 (rev. 6/2024)
for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally
between the parties. Mediation shall be held in the City of Eden Prairie unless another
location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case.
21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement.
22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements
and negotiations between the parties relating to the subject matter hereof as well as any 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. 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
Page 10 of 10 (rev. 6/2024)
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:
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EXHIBIT A Quote/Proposal/Scope of Services
Stantec Consulting Services Inc.1 Carlson Parkway N, Plymouth, MN 55447
February 12, 2025
Patrick Sejkora, P.E., Water Resources Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Dear Mr. Sejkora,
Reference: 05-13-B (North Manor Road) Feasibility Study and Concept Design
Thank you for the opportunity to provide you with this proposal to provide a feasibility study and concept design for the dry pond 05-13-B on N. Manor Road.
Scope of Work
The sections below detail Stantec’s scope of work for Pond 05-13-B.
Task 1: Data Collection
Stantec will survey Pond 05-13-B and the area surrounding it along N. Manor Road.
•Pond survey
- Survey bathymetry of dry pond.
- Collect samples of accumulated sediment and send to local laboratory to be analyzed
according to the “Managing Stormwater Sediment Best Management Practice Guidance”
(MPCA, 2017).
•Boundary survey
- Locate boundaries/corners for the parcel at 16483 North Manor Rd.
- Analyze and determine locations of any rights of way, easements, or other recorded
encumbrances.
•Topographic survey
- Conduct topographic survey of work area.
- Collect elevation data to generate surface contours at 1-foot contour interval.
- Locate public and private utility lines marked as a result of a Gopher State One Call utility locate request and based on visible above ground evidence and plans provided.
- Determine rim and invert elevations and pipe sizes and types of all storm sewer shown in yellow in the figure below.
February 12, 2025
Patrick Sejkora
Page 2 of 5
Reference: 05-13-B (North Manor Road) Feasibility Study and Concept Design
•Tree survey- Conduct tree survey to determine species, size, and number of significant trees above six inches in diameter at breast height (DBH).- Record coordinates of tree location.- Deliverable includes tabular list of surveyed trees by species and location. This data will be used to prepare design plans.
Task 2: Feasibility Study
Stantec will evaluate options to increase the capacity of 05-13-B to reduce the peak water elevation of the pond, maintain discharge rate to the extent possible, and improve water quality treatment.
•Delineate watershed/pipeshed.
•Prepare existing conditions PCSWMM and MIDS models.
- Use Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) PCSWMM model to evaluate
the pond existing high water level and discharge rate. Execute for 2-, 10-, and 100-year storm
events using Atlas 14 rainfall and MSE 3 rainfall distribution.
- Use the MIDS Calculator to evaluate existing total phosphorus (TP) and total suspended solids
(TSS) from the pond.
- Use PCSWMM and MIDS models to evaluate four potential improvement options, as feasible:
o Option 1: expand live storage to reduce peak elevation within pond.
February 12, 2025
Patrick Sejkora
Page 3 of 5
Reference: 05-13-B (North Manor Road) Feasibility Study and Concept Design
o Option 2: as Option 1 plus convert dry pond to wet pond.
o Option 3: as Option 1 plus convert dry pond to wet pond with filter bench.
o Option 4: as Option 1 plus convert dry pond to filtration basin.
- Prepare one concept plan and opinion of probable cost (OPC) for each of the four options listed
above. The OPC will include a line-item breakdown showing each component of sitework, the
estimated quantity for each line item, and the associated unit price for each line item. Line
items will be broken out per standard estimating methods, and unit prices assigned will be
based on local recent project bid prices of similar size and scope based in the Twin Cities
Metro area. The OPC will not include costs for overhead, legal, or engineering. We will not
reach out to vendors or installers when completing construction cost estimates unless a unique
product or situation requires it.
•Coordinate and lead a virtual meeting with city staff to review model results and concept designs. Desired outcome of the meeting is for city staff to recommend one of the four options to advance to 60% design (Task 3).
•Coordinate and lead a virtual meeting with city staff and RPBCWD to review model results, concept designs, and recommended city option.
Task 3 (Optional): Prepare Project Plans
Stantec will prepare a 60% plan set based on the option selected by city staff in Task 3. If none of the alternatives are viable or impactful, the City may opt to only repair the walls and remove accumulated sediment.
•Project plans will include sheets for existing conditions, removals, erosion control, Stormwater
Pollution Prevention Plan (SWPPP), site plan, grading and drainage, and details.
•Update the OPC prepared in Task 3.
•Prepare technical memorandum summarizing evaluation process (Tasks 1-2) and 60% design
(Task 3).
•Issue draft 60% project plans, OPC and technical memorandum to city staff for review and comments.
•Complete one round of revisions to project plans, OPC, and technical memorandum per city comments.
•Issue final set of 60% plans, OPC, and technical memorandum.
Task 4: Project Management
•Stantec will use our Project Management Framework to identify critical tasks that will help us to
ensure safe and quality execution of the project.
•We will use our 10-point “PM Framework” based on the four stages of project management: Initiate;
Plan; Execute, Monitor & Control; and Close-Out.
•We will conduct Stantec safety/risk assessments to promote safe execution of the scope of work.
February 12, 2025
Patrick Sejkora
Page 4 of 5
Reference: 05-13-B (North Manor Road) Feasibility Study and Concept Design
Assumptions and Exclusions
Below is a non-comprehensive list of assumptions and tasks that are excluded from this scope of work:
•Delineation of wetlands.
•Permitting: except for the SWPPP noted above, we assume that all permit applications and submittals will be completed under a separate scope of work or by City staff (i.e., grading, drainage, stormwater management, erosion control, wetland, floodplain).
•Coordination with residents and adjacent property owners.
•Coordination with partner agencies.
Schedule and Budget
To complete this scope of services, we propose the following budget and schedule. Stantec will execute the
project and invoice the City monthly based on time and materials in accordance with the attached Contract
Agreement. Stantec will not exceed the authorized budget without obtaining written approval from the City.
In the event of out-of-scope work or additional requests from the City, Stantec will work with the City to
develop a change in scope and additional budget needed to complete the task(s). Table 1 outlines the
expected labor costs, reimbursable expenses, and equipment for this project.
Table 1 – Proposed Cost and Task Schedule
Task Schedule Labor1 Expenses /
Lab Costs2
1. Data Collection April 2025
(dependent on weather conditions)$6,494 $1,620
2. Feasibility Study 1 month after Task 1
(approx. mid-May 2025)$10,243 $0
4. Project Management Throughout $2,410 $0
Base Study $19,147 $1,620
Optional Task 3: 60%
Project Plans
3 weeks after completing Task 3
(approx. early June 2025)$11,108 $0
1 Assumes the rates from the 2024 General Services Contract.
2 Equipment includes: vehicle mileage, survey equipment, and lab analysis.
February 12, 2025
Patrick Sejkora
Page 5 of 5
Reference: 05-13-B (North Manor Road) Feasibility Study and Concept Design
Project Team
Stantec’s team for this project is listed below.
•Project Manager: Todd Shoemaker
•Senior Engineer: Dan Edgerton
•Project Engineers: Kaitlyn Avidan, Lucas Clapp
•Surveying: Jason Nelson
Thank You!
Stantec appreciates the opportunity to present this scope of work to the City of Eden Prairie. Stantec is
committed to delivering the proposed scope of services on time and within budget. Should you have
questions on items presented in this proposal, please do not hesitate to call or email us (contact info
below).
Sincerely,
Stantec Consulting Services Inc.
Joshua Accola, PE, CFMWater Resources Eng
Phone: 952-334-1418Joshua.Accola@stantec.com
Todd Shoemaker, PE, CFMProject Manager, Sr Water Res. Eng.
Phone: 651-294-4585Todd.Shoemaker@stantec.com
City Council Agenda Cover Memo
Date: March 4, 2025
Section: Consent Calendar
Item Number: VII.H.
Department: Public Works – Robert Ellis
ITEM DESCRIPTION
Approve Agreement with Republic Services for material disposal at the 2025 Drop Off Day Event
REQUESTED ACTION
Move to: Approve Agreement with Republic Services for material disposal at the 2025 Drop Off
Day Event at an estimated cost of $96,849.00 plus solid waste tax
SUMMARY
A request for proposal was sent to two waste hauler companies. Republic Services was the only
vendor to submit a proposal. The proposal included an estimated price of $96,849.00 plus solid
waste disposal tax for material disposal services. The event will be held Saturday, June 21,
2025.
The City began providing a cleanup event in 1995 with a few basic items, such as yard waste,
construction debris, general household trash and recyclables. In 2002 the cleanup was moved
to the Hennepin Technical College as the Allied Waste facility could no longer handle the
number of people that came to the event. The change allowed the City to increase the number
and types of materials including bicycle, yard waste, scrap metal, appliances, electronics, tires,
fluorescent bulbs, and propane tanks all for recycling.
Over time the event become so popular it appeared to be outgrowing the Hennepin Technical
College campus. To help alleviate pressure the City constructed a yard waste site in 2021 that is
open to residents in the spring, summer and fall months. As a result, yard waste is no longer
collected as part of the Drop Off Day Event which helped reduce wait times. The City also now
hosts two separate events for curbside pick-up and drop off of appliances, electronics, tires, e-
waste and other miscellaneous items for recycling. One of those events will occur in the spring
and the other in the fall.
ATTACHMENTS
Agreement
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 4th day of March, 2025, between the City of Eden
Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Allied Waste Services of North America, LLC dba Republic Services of the Twin Cities – Eden Prairie, a Delaware limited liability company (hereinafter "Contractor") whose business address is 9813 Flying Cloud Drive, Eden Prairie, MN 55347.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing
such services enter into written agreements with the City. The purpose of this Agreement is to set
forth the terms and conditions for the provision of services by Contractor for the 2025 Eden Prairie Drop Off Day Event hereinafter referred to as the "Work". The City and Contractor agree as follows:
1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of March 4, 2025. 3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc.) immediately upon entering the
building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services.
d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may
include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation.
f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor.
4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate.
b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor an estimated sum of $96,849.00 plus tax based on unit prices as full and complete payment for the labor, materials
and services rendered pursuant to this Agreement and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization.
b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled
to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in
writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City.
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest
extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth
reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible
for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties.
9. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations
Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile
Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden
Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional
insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein.
l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than
A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal
certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance,
declaration page, Rider, Endorsement or certificates or other evidence of insurance, or
to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation
have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this
Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement and shall be free
from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in
general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation
of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and
materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties.
12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The
party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-
performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right,
within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the
rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this
Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective.
13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so
as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable
actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer
period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this
Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and
City agrees not to hire any employee or former employee of Contractor prior to termination
of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with
the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and
applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions
of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for
program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or
the date of mailing or deposit as aforesaid, provided, however, that if notice is given by
mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period
of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the
City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements
of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE __________________________________
Mayor
___________________________________ City Manager
CONTRACTOR By: ________________________________
Its: _______________________________
REQUEST FOR PROPOSALS CITY OF EDEN PRAIRIE DROP OFF DAY EVENT
1. GENERAL INFORMATION
a. Objective
i. The purpose of the Request for Proposal (RFP) is to obtain bids for a waste hauler for the
City of Eden Prairie’s annual Drop Off Day event.
b. Issuing Office
i. The RFP is issued by the City of Eden Prairie. All correspondence regarding the RFP must
be addressed to the designated Contract Administrator.
c. Contract Administrator
i. All communications concerning the contract should be directed to the Contract
Administrator:
Robert Ellis, Public Works Director
City of Eden Prairie
Engineering Division
8080 Mitchell Road
Eden Prairie, MN 55344
Phone 952-949-8310
Email: rellis@edenprairie.org
d. Incurring Costs
i. The City of Eden Prairie is not liable for any cost incurred by the prospective firms prior to
the signing of the contract.
e. Proposals
i. To be considered, each firm must submit a complete response to this RFP, using the
format provided in the section below. The proposal must be signed by an official
authorized to bind the submitter to its provisions.
f. Acceptance of the Proposal Content
i. Failure of the selected consultant to accept these obligations may result in cancellation of
the award.
g. Selection Criteria
i. The City will enter into a contract for the Drop Off Day with the organization who can
submit a proposal documenting maximum value taking into consideration quality of
proposal, event pricing, past experience with similar events, previous performance with the
City of Eden Prairie, and other relevant factors.
h. Proposal Receipt
i. Proposals must arrive at the City of Eden Prairie, Engineering Division, 8080 Mitchell
Road, on or before 11:00 A.M February 13, 2025. Electronic delivery (email) is
preferred. It is expected the selected proposer’s agreement will be approved at the March
4, 2025, City Council meeting.
i. Right to reject Bids
i. The City of Eden Prairie reserves the right to award the total proposal, to reject any and all
proposals in whole or in part, and to waive any informality or technical defects, in the
City’s judgment. In determination of award, the qualification of the proposal submitter, the
conformity with the specifications of services to be supplied, delivery terms, event pricing,
past experience with similar events, previous performance with the City of Eden Prairie,
Exhibit A
and other relevant factors will be considered.
j. Cost Liability
i. The City assumes no responsibility or liability for costs incurred by the firms prior to the
signing of this agreement.
k. Owner
i. The City of Eden Prairie is designated as Owner.
l. Award of Contract
i. The City of Eden Prairie will award one contract for this entire project to the responsible
bidder submitting a quote, meeting all performance and required criteria as set forth in the
Request for Proposal and the associated documents, plans and specifications.
ii. The attached Exhibit B “Standard Agreement for Contract Services” will be used for this
project and should be considered with the proposal. The City reserves the right to contract
only for portions of the proposed scope of work outlined in this RFP. Deletions of specific
tasks or sub-tasks will be at the discretion of the City.
m. Drop Off Day Event Information
i. Saturday, June 21, 2025
ii. Hennepin Technical College
iii. 13100 College View Drive
iv. Eden Prairie, MN 55347
v. Open to the public at 8:00 a.m. and last vehicle to enter site at 2:30 p.m.
2. SPECIFICATIONS
a. Contractor must be available for one pre-planning meeting at Eden Prairie City Center. b. Contractor must be set-up with equipment and staff by 7:45 A.M. the day of event and have staff on site for the duration of the event. c. Commit to keeping each waste collection area for the event properly staffed and operational,
including: i. Fourteen rear load trucks with operator for General Trash
ii. Four 30-yard dumpsters with operator for Construction and Demolition iii. One 30-yard dumpster with operator for Scrap Metal iv. One 8-yard dumpster with operator for Recycling Materials v. Twenty-nine Labor personnel for material handling, traffic control and site supervision.
d. Contractor must submit itemized totals for all materials collected no later than 45 days after event. e. The contractor shall assume ownership and responsibility for disposal for all collected materials.
f. Equipment with Operator i. Basis of Measurement: Lump Sum ii. Basis of Payment: According to unit price. iii. Equipment costs must include all operational costs, such as fuel, and an operator. A total
of twenty (20) pieces of equipment will be needed to the event. This includes fourteen (14) rear load trucks for General Trash and six (6) other trucks to load and unload four 30-
yard dumpsters for Construction and Demolition, one 30-yard dumpster for Scrap Metal, and one 8-yard dumpster for Recycling Materials.
iv. It is expected that Equipment operators will assist with loading their vehicles while present on site and this cost will be included in the Equipment bid item.
g. Additional Labor i. Basis of Measurement: Lump Sum.
ii. Basis of Payment: According to unit price. iii. Labor shall include all labor for traffic control, material handling, and supervision. It is
assumed a total of twenty-five (25) labor persons will be needed for the event. This includes fourteen (14) material handlers to assist General Trash equipment operators with
loading, eight (8) material handlers to assist the Construction and Demolition/Recycling Materials/Scrap Metal equipment operators with loading, two (2) traffic control persons,
and one (1) supervisor. iv. Labor does not include operators of equipment as those will be paid for under the Equipment bid item. h. General Trash i. Basis of Measurement: By tons. ii. Basis of Payment: According to unit price and actual quantity collected.
iii. Estimated quantity listed on bid form is based on previous event total tonnages. iv. Staging and Staffing: Maintain eighteen (18) stations with eighteen rear load trucks throughout the event. v. Bulky items such as couches, mattresses and other furniture will be paid for by the ton similar to all other general trash. i. Construction and Demolition
i. Basis of Measurement: By tons. ii. Basis of Payment: According to unit price and actual quantity collected. iii. Estimated quantity listed on bid form is based on previous event total tonnages. iv. Staging and Staffing: Provide four (4) 30-yard dumpsters for construction and demolition
materials throughout the event. v. City Staff will mobilize and operate one wheel loader to help organize and consolidate
materials. j. Scrap Metal i. Basis of Measurement: By tons. ii. Basis of Payment: According to unit price and actual quantity collected.
iii. Estimated quantity listed on bid form is based on previous event total tonnages. iv. Staging and Staffing: Provide one (1) 30-yard dumpsters for scrap metal throughout the
event. k. Recycling Materials i. Basis of Measurement: By tons. ii. Basis of Payment: According to unit price and actual quantity collected.
iii. Estimated quantity listed on bid form is based on previous event total tonnages. iv. Staging and Staffing: Provide one (1) 8-yard dumpsters for recycling materials throughout the event.
3. PROPOSALS a. Proposal Format i. The firm will be responsible for completing and submitting the attached proposal form.
b. Fee Quotations i. The fee proposal for the project will include all costs associated with the project including
taxes and surcharges. Include the name and telephone number of the person(s) in the organization who is authorized to negotiate the proposed contract with the City. If subcontractors are hired, a single firm shall administer the contract. All billings will be routed through this firm. Invoices submitted should have a detailed breakdown of times, personnel,
mileage, supplies, etc. chargeable for a specific task. c. Proposed Modification to Scope i. The proposal shall discuss any proposed modifications to the scope outline herein that the Contractor may feel are necessary to complete the project. d. Submittal Requirements i. Provide electronic copy (PDF) of the proposal for the evaluation process.
4. TERMS AND CONDITIONS a. The City reserves the right to contract for only portions of the scope of work outlined in this RFP. Deletion of specifications will be at the discretion of the City.
b. If, for any reason, your firm is not able to execute the included Standard Agreement for Contract Services within 14 days of Council Award, the City reserves the right to request proposals from other
qualified firms. c. The City will pay the Contractor for services based on the unit bid prices submitted in the RFP and actual measured quantities. d. An official authorized to bind the Contractor to its provisions must sign the proposal.
e. The City shall retain ownership of all maps, reports, data and photographs prepared by the Contractor and/or their sub-consultants under this proposal. The City may reproduce any or all portions of these items at their discretion. f. The attached Agreement for Contract Services is considered a part of the Proposal. A signed copy will be required for City Council Approval. The Request for Proposals and Unit Cost Bid Form will be Exhibit A to the Agreement for Contract Services.
g. Payment and Taxes i. The City will pay the Contractor for services based on the unit bid prices submitted below for actual measured quantities. ii. The City will pay the Contractor for all actual State, County and local material disposal taxes with no mark up from the Contractor. iii. The Contractor shall pay all sales, consumer, use and other taxes required to be paid and these
costs shall be included in the unit prices below.
Allied Waste Services of North America, LLC dba Republic Services of the Twin-Cities Eden Prairie
Matt Herman
Municipal Services Manager
9813 Flying Cloud Drive
Eden Prairie, MN 55347
763-472-4176 1-29-2025
$24,624 $24,624
$159.54
$87.94
$23.63
$0 $0
$96,849
$51,408 $51, 408
$17,550
$3,078.00
$189
City Council Agenda Cover Memo
Date: March 4, 2025
Section: Consent Calendar
Item Number: VII.I.
Department: Fire Department
ITEM DESCRIPTION
Obsolete Key Secure System
REQUESTED ACTION
Declare (8) obsolete Knox Key Secure boxes as surplus and authorize the City Manager to
dispose of property by donating to other fire departments in Minnesota as authorized by the
State of Minnesota as authorized under City Code Section 2.86, Subd. 3.
SUMMARY
Eden Prairie Fire Department has updated the police and fire key secure system. The new
system replaces a 10-year-old Key Secure system. The obsolete Knox system had no value to
the City of Eden Prairie and will be destroyed if not donated. Fire departments in Minnesota
may have a need for Knox systems. The City of Eden Prairie will donate the Knox system to
Minnesota based fire departments requesting Knox systems.
All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3.
ATTACHMENTS
None
City Council Agenda Cover Memo
Date: March 4, 2025
Section: Public Hearing
Item Number: VIII.A.
Department: Community Development / Planning
Julie Klima / Beth Novak-Krebs
ITEM DESCRIPTION
The applicant is requesting approval to build a 52,032 square foot speculative building on the
property located south of Venture Lane, north of Highway 5 and west of Wallace Road.
The site is 3.98 acres and was previously highway right-of-way owned by the Minnesota
Department of Transportation (MnDOT). In 2024, the property was purchased by the applicant
with the intent of developing a modern and useful office and warehouse space.
REQUESTED ACTION
Move to:
• Approve the 1st reading of an Ordinance for a Zoning District Change from I-General to
Flex Service on 3.98 acres
• Adopt a Resolution for a Preliminary Plat combining several tracts into one lot on 3.98
acres.
• Adopt a Resolution for Findings of Fact in Support of Park Dedication Fees.
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions.
• Authorize the issuance of an early Land Alteration Permit for Highway 5 Business Center at
the request of the Developer subject to the conditions outlined in the permit.
SUMMARY
The property is guided Flex Service and the applicant is requesting a zoning change from I-
General to Flex Service.
The proposed building is placed roughly in the middle of the site. The site plan shows one
access point from Venture Lane with parking between the front of the building and Venture
Lane. The loading docks face east toward Wallace Road. A stormwater management basin is
located on the east side of the building between Wallace Road and the loading dock area. There
is a sidewalk from the front of the building to the broader trail system in this area. The
applicant is proposing a preliminary plat to combine the existing tracts into one lot.
The Planning Commission held a public hearing on the project at its February 10, 2025 meeting
and recommended approval of the project with vote of 7-0.
BUILDING ARCHITECTURE AND MATERIALS
Given the visibility of the site, the massing, architectural design and articulation of the building
is important. Additionally, a building in this location will be a noticeable change to the existing
landscape.
Although the building is only one story, the building height and design makes the building
appear to be two stories. The strong horizontal lines at the middle and top of the building helps
visually reduce the scale of the building. The applicant breaks up the long facades with recesses
and projections, changes in building material and colors, and the placement of windows.
The building architecture, articulation, material and colors are very similar to the Nexus
buildings, recently approved north of Highway 62. All four building facades meet and exceed
the building material and color requirements of the city code.
BUILDING MASSING
Being surrounded by right of way on all sides, the site is visually prominent, in particular for
west bound traffic on Highway 5, and for travelers on Venture Lane and Wallace Road. Further
impacting the perception of mass, the adjacent roadbeds on Wallace and Venture are 22 and 2
feet lower than the Finished Floor Elevation (FFE), and the roadbed for westbound Highway 5 is
about 10 feet higher than the FFE.
These factors may be difficult to visualize. To provide references and assist in visualizing the
site after construction, staff has identified several buildings in Eden Prairie with comparable
mass, height, proximity to streets and visibility. Maps and photos of those buildings are
included in the attached Planning Commission staff report to provide some visuals of similar
real-world examples. Additionally, a table and figure are included in the attached Planning
Commission staff report that illustrates how the proposed building relates from distance and
grade change perspectives to the surrounding roadways.
LANDSCAPING
The landscaping is robust and includes a variety of trees, shrubs, and perennials. There has
been some discussion about enhancing the screening of the loading docks on the east side of
the building. To address these goals, the landscape plan incorporates larger caliper inch
deciduous and coniferous trees at the southeast corner of the loading dock area. The plan
provides trees along the Highway 5 side of the building to complement the building
architecture, plantings near the parking lot to provide screening, and foundation plantings to
add interest at the base of the building.
ATTACHMENTS
Ordinance for Zoning District Change
Resolution for Preliminary Plat
Resolution for Findings of Fact in Support of Park Dedication Fees
Planning Commission Staff Report
Planning Commission Minutes
HIGHWAY 5 BUSINESS CENTER
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, 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 I-General Zoning District and be placed in the Flex Service Zoning District.
Section 3. The proposal is hereby adopted and the land shall be, and hereby is
removed from the I-General Zoning District and shall be included hereafter in the Flex Service Zoning District, and the legal descriptions of land in each Zoning District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99, “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions of that certain
Development Agreement dated as of March 18, 2025, entered into between Highway 5 BC, LLC and the City of Eden Prairie, and which Agreement are hereby made a part hereof. Section 6. 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 4th day of March 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 18th day of March,
2025.
ATTEST: _____________________________ _____________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on__________________, 2025.
EXHIBIT A
LEGAL DESCRIPTION
To be rezoned from I-General to Flex Service Legal Description Before Final Plat
Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as
follows:
That part of Tract A described below: Tract A.
That part of the East Half of the Southeast Quarter of the Southwest Quarter of Section 9, Township
116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the south quarter corner of said Section 9; thence on an azimuth of 269 degrees 08 minutes 54 seconds along the south line of said Section 9 for 567.00 feet; thence on an azimuth of 359 degrees 08 minutes 54 seconds for 239.97 feet to the point of beginning of Tract A to be described, said
point shown as Right of Way Boundary Corner B15 on Minnesota Department of Transportation
Right of Way Plat No. 27-83 as the same is on file and of record in the office of the County Recorder in and for said County; thence continuing northerly on the last described course along the boundary of said plat for 249.54 feet to Right of Way Boundary Corner B10 as shown on said plat; thence on an azimuth of 89 degrees 09 minutes 02 seconds along the boundary of said plat
for 447.43 feet to Right of Way Boundary Corner B11 as shown on said plat; thence on an azimuth
of 147 degrees 33 minutes 17 seconds along the boundary of said plat for 112.84 feet to Right of Way Boundary Corner B12 as shown on said plat; thence on an azimuth of 204 degrees 22 minutes 56 seconds along the boundary of said plat for 47.78 feet to Right of Way Boundary Corner B13 as shown on said plat; thence on an azimuth of 186 degrees 55 minutes 07 seconds along the
boundary of said plat for 111.21 feet to Right of Way Boundary Corner B14 as shown on said plat;
thence on an azimuth of 269 degrees 08 minutes 54 seconds along the boundary of said plat for 471.14 feet to Right of Way Boundary Corner B15 and the point of beginning; Tract B.
That part of the Southeast Quarter of the Southwest Quarter of Section 9, Township 116 North,
Range 22 West, Hennepin County, Minnesota, described as follows: Beginning at a point on the south line of said Section 9, distant 567 feet westerly of the south quarter corner thereof; thence northerly at right angles to said south section line for 744 feet, more or less, to the southeasterly right of way line of the Chicago and North Western Transportation Company (formerly the
Minneapolis and St. Louis Railroad); thence southwesterly along said right of way line for 1027.4
feet, more or less, to its intersection with the south line of said Section 9; thence easterly along said south section line for 708.5 feet, more or less, to the point of beginning; excepting therefrom that part thereof lying westerly of the following described line: Beginning at a point on the south line of said Section 9, distant 804 feet westerly of the south quarter corner thereof; thence northerly
at right angles to said south section line for 495.06 feet, more or less, to the southeasterly right of
way line of said Transportation Company and there terminating; Tract C.
That part of the Southeast Quarter of the Southwest Quarter of Section 9, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the southeast
corner of said Southeast Quarter of the Southwest Quarter; thence westerly along the south line of
said Southeast Quarter of the Southwest Quarter for 804.0 feet to the point of beginning; thence northerly at right angles to said south section line for 495.06 feet, more or less, to the southeasterly right of way line of the Chicago and North Western Transportation Company (formerly the Minneapolis and St. Louis Railroad); thence southwesterly along said right of way line for 683.62
feet, more or less, to its intersection with the south line of said Southeast Quarter of the Southwest
Quarter; thence easterly along said south line for 471.44 feet, more or less, to the point of beginning; excepting therefrom the right of way of Trunk Highway No. 5; which lies northerly of the Line 1 described below:
Line 1. Commencing at Right of Way Boundary Corner B14 as shown on said Plat No. 27-83; thence northerly along the boundary of said plat for 30 feet to the point of beginning of Line 1 to be described; thence westerly for 476.12 feet to Right of Way Boundary Corner B15 as shown on
said Plat No. 27-83 and there terminating;
together with that part of Tracts B and C herein before described, which lies southerly, easterly and northerly of Line 2 described below:
Line 2.
Commencing at Right of Way Boundary Corner B11 as shown on said Plat No. 27-83; thence westerly on an azimuth of 269 degrees 34 minutes 54 seconds along the boundary of said plat for 447.43 feet to Right of Way Boundary Corner B10 and the point of beginning of Line 2 to be described; thence southwesterly for 197.38 feet on a non-tangential curve, concave to the
southeast, having a radius of 242.49 feet, a delta angle of 46 degrees 38 minutes 15 seconds, and
a chord azimuth of 244 degrees 43 minutes 27 seconds; thence on an azimuth of 222 degrees 42 minutes 40 seconds for 153.19 feet; thence on an azimuth of 169 degrees 52 minutes 26 seconds for 130.94 feet; thence on an azimuth of 73 degrees 55 minutes 04 seconds for 266.76 feet to Right of Way Boundary Corner B15 as shown on said Plat No. 27-83 and there terminating;
(Abstract property) Legal Description After Final Plat
Lot 1, Block 1, Endeavor Addition, Hennepin County, Minnesota
HIGHWAY 5 BUSINESS CENTER CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA SUMMARY OF 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, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located north of Highway 5, south of Venture Lane and west of Wallace Road from the I-General Zoning District to the Flex
Service Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
___________________________ _____________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on__________________, 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 ENDEAVOR ADDITION FOR ENDEAVOR DEVELOPMENT
BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the parcel(s) legally described in Exhibit A attached, named
Endeavor Addition for Endeavor Development dated December 16, 2024, and consisting of 3.98
acres into 1 lot, 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 2nd reading of the Ordinance for the Zoning District change, approval of the Site Plan and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 4th day of March, 2025. _______________________________
Ronald A. Case, Mayor ATTEST:
__________________________ David Teigland, City Clerk
EXHIBIT A
Preliminary Plat
Legal Description Before Final Plat:
Real property in the City of Eden Prairie, County of Hennepin, State of Minnesota, described as follows: That part of Tract A described below:
Tract A. That part of the East Half of the Southeast Quarter of the Southwest Quarter of Section 9, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the south quarter corner of said Section 9; thence on an azimuth of 269 degrees
08 minutes 54 seconds along the south line of said Section 9 for 567.00 feet; thence on an
azimuth of 359 degrees 08 minutes 54 seconds for 239.97 feet to the point of beginning of Tract A to be described, said point shown as Right of Way Boundary Corner B15 on Minnesota Department of Transportation Right of Way Plat No. 27-83 as the same is on file and of record in the office of the County Recorder in and for said County; thence continuing northerly on the last
described course along the boundary of said plat for 249.54 feet to Right of Way Boundary
Corner B10 as shown on said plat; thence on an azimuth of 89 degrees 09 minutes 02 seconds along the boundary of said plat for 447.43 feet to Right of Way Boundary Corner B11 as shown on said plat; thence on an azimuth of 147 degrees 33 minutes 17 seconds along the boundary of said plat for 112.84 feet to Right of Way Boundary Corner B12 as shown on said plat; thence on
an azimuth of 204 degrees 22 minutes 56 seconds along the boundary of said plat for 47.78 feet
to Right of Way Boundary Corner B13 as shown on said plat; thence on an azimuth of 186 degrees 55 minutes 07 seconds along the boundary of said plat for 111.21 feet to Right of Way Boundary Corner B14 as shown on said plat; thence on an azimuth of 269 degrees 08 minutes 54 seconds along the boundary of said plat for 471.14 feet to Right of Way Boundary Corner B15
and the point of beginning;
Tract B. That part of the Southeast Quarter of the Southwest Quarter of Section 9, Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Beginning at a point on the
south line of said Section 9, distant 567 feet westerly of the south quarter corner thereof; thence
northerly at right angles to said south section line for 744 feet, more or less, to the southeasterly right of way line of the Chicago and North Western Transportation Company (formerly the Minneapolis and St. Louis Railroad); thence southwesterly along said right of way line for 1027.4 feet, more or less, to its intersection with the south line of said Section 9; thence easterly
along said south section line for 708.5 feet, more or less, to the point of beginning; excepting
therefrom that part thereof lying westerly of the following described line: Beginning at a point on the south line of said Section 9, distant 804 feet westerly of the south quarter corner thereof; thence northerly at right angles to said south section line for 495.06 feet, more or less, to the southeasterly right of way line of said Transportation Company and there terminating;
Tract C.
That part of the Southeast Quarter of the Southwest Quarter of Section 9, Township 116 North,
Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter; thence westerly along the south line of said Southeast Quarter of the Southwest Quarter for 804.0 feet to the point of beginning; thence northerly at right angles to said south section line for 495.06 feet, more or less,
to the southeasterly right of way line of the Chicago and North Western Transportation Company
(formerly the Minneapolis and St. Louis Railroad); thence southwesterly along said right of way line for 683.62 feet, more or less, to its intersection with the south line of said Southeast Quarter of the Southwest Quarter; thence easterly along said south line for 471.44 feet, more or less, to the point of beginning; excepting therefrom the right of way of Trunk Highway No. 5;
which lies northerly of the Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B14 as shown on said Plat No. 27-83; thence
northerly along the boundary of said plat for 30 feet to the point of beginning of Line 1 to be
described; thence westerly for 476.12 feet to Right of Way Boundary Corner B15 as shown on said Plat No. 27-83 and there terminating; together with that part of Tracts B and C herein before described, which lies southerly, easterly
and northerly of Line 2 described below:
Line 2. Commencing at Right of Way Boundary Corner B11 as shown on said Plat No. 27-83; thence westerly on an azimuth of 269 degrees 34 minutes 54 seconds along the boundary of said plat for
447.43 feet to Right of Way Boundary Corner B10 and the point of beginning of Line 2 to be
described; thence southwesterly for 197.38 feet on a non-tangential curve, concave to the southeast, having a radius of 242.49 feet, a delta angle of 46 degrees 38 minutes 15 seconds, and a chord azimuth of 244 degrees 43 minutes 27 seconds; thence on an azimuth of 222 degrees 42 minutes 40 seconds for 153.19 feet; thence on an azimuth of 169 degrees 52 minutes 26 seconds
for 130.94 feet; thence on an azimuth of 73 degrees 55 minutes 04 seconds for 266.76 feet to
Right of Way Boundary Corner B15 as shown on said Plat No. 27-83 and there terminating; (Abstract property)
Legal Description After Final Plat Lot 1, Block 1, Endeavor Addition, Hennepin County, Minnesota
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2025-____ A RESOLUTION ADOPTING FINDINGS OF FACT IN SUPPORT OF PARK DEDICATION FEES FOR HIGHWAY 5 BUSINESS CENTER 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 Highway 5 Business Center project includes subdivision of property pursuant to City Code Chapter 12 and construction of a 52,032 square foot industrial building (the “Project”); WHEREAS the payment of cash park fees in lieu of land dedication is appropriate given
the nature of the industrial and office use of the property; WHEREAS, the City’s current fee ordinance sets the cash park fee at $11,500 per acre, which amount was calculated in accordance with Minn. Stat. § 462.358, subd. 2b(c);
WHEREAS, the City Council held a public hearing at its March 4, 2025 meeting and further reviewed the Project at its March 18, 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 for the Highway 5 Business Center project:
1. The Project does not include available land that is suitable for parkland. The land areas
outside of the developable area include roadways and Minnesota Department of Transportation right-of-way.
2. The Project includes the construction of a 52,032 square foot industrial building with employees that are expected to use the City’s public park and trail systems.
3. The Project is directly connected to public trails providing access to parks and open spaces,
further increasing the likelihood that employees of the Project will use the City’s trails, parks, and open spaces.
4. Employees may walk or bicycle to work using the public trails.
5. There is a shared-use path along the south side of Venture Lane that connects with the Minnesota River Bluffs LRT Trail and continues west to Eden Prairie Road. There is a
sidewalk along Martin Drive, a shared-use path along the west side of Wallace Road and a shared-use path extending from Wallace Road east to Mitchell Road. The employees will have access to these facilities, which connect to a broader pedestrian and bicycle system to parks and conservation areas.
6. 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 the employees of the Project.
7. 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 to improve City park and
recreational facilities that are likely to be used by employees of the Project.
ADOPTED by the City Council of the City of Eden Prairie this 4th day of March, 2025.
__________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
David Teigland, City Clerk
Project Site
Planning Commission Staff Report
Date: February 10, 2025
Location: South of Venture Lane, North of Highway 5 and
west of Wallace Road
Subject: Highway 5 Business Center
From: Beth Novak-Krebs, Senior Planner
Applicant: Endeavor Development
Review period
expires:
April 17, 2025
ITEM DESCRIPTION
The applicant is requesting approval to build a 52,032 square foot speculative building on the property
located south of Venture Lane, north of Highway 5 and west of Wallace Road.
The site is 3.98 acres and was previously highway right-of-way owned by the Minnesota Department of
Transportation (MnDOT). In 2024, the property was purchased by the applicant with the intent of
developing a modern and useful office and warehouse space.
REQUESTED ACTIONS
• Zoning Change from I-General to Flex Service on 3.98 acres
• Site Plan Review on 3.98 acres
• Preliminary Plat combining several tracts into one lot on 3.98 acres
BACKGROUND
COMPREHENSIVE PLAN AND
ZONING
The subject site is designated as
Flex Service in the Aspire 2040
Comprehensive Plan.
Development in the Flex Service
Land Use designation is
envisioned as a blend of
commercial and industrial. The
applicant anticipates office and
warehouse uses for the building,
both are permitted uses.
The applicant is requesting a
change in zoning from I-General
to Flex Service, which is
consistent with the guiding of the
property. In the early 1970’s, the
Staff Report – Highway 5 Business Center
Page 2
2
property was zoned I-General and a portion of the property was used for a brick and tile company and a
portion for a cut stone company. MnDOT purchased the property for highway purposes in the late 1990s,
and the property became right-of-way for Highway 5 and 212. There have been no requests over the years
to change the zoning, so the property is still zoned I-General despite being right-of-way for so many years.
SITE PLAN
The use of the property north of Venture Lane is an electrical substation, to the west is the Minnesota River
Bluffs Regional Trail, to the south is Highway 5/212 and to the east of Wallace Road is a resale store and a
stormwater management pond. The terrain of the property drops 30 feet from the western side to Wallace
Road.
The 52,032 square foot building is placed roughly in the middle of the site. The site plan shows one access
point from Venture Lane on the west side of the site with parking between the front of the building and
Venture Lane. The loading docks face east toward Wallace Road. The plan also includes a pedestrian
connection between the front of the building and the path along the south side of Venture Lane. A
stormwater management basin is located on the east side of the building between Wallace Road and the
loading dock area.
PRELIMINARY PLAT
The applicant is proposing to combine several tracts into one 3.98-acre lot. The proposed lot complies with
the standards for lots within the Flex Service Zoning District.
Staff Report – Highway 5 Business Center
Page 3
3
PARKING
The number of parking spaces is based on speculative uses within the building. The applicant anticipates the
building will include 7,800 square feet of office and 44,232 square feet of warehouse space. This requires 62
parking stalls. The plan includes 64 stalls.
Although the applicant anticipates office and warehouse uses, there are other uses that are permitted in the
Flex Service Zoning District. Given a different ratio of uses within the building, additional parking may be
required. It may be necessary to utilize a portion of the loading area for parking should uses dictate.
BUILDING ARCHITECTURE AND MATERIALS
Given the visibility of the site, the massing, architectural design and articulation of the building is important.
Additionally, a building in this location will be a noticeable change to the existing landscape.
Although the building is only one story, it is an average of 38 feet high to accommodate warehouse uses. The
building articulation and design makes the building appear to be two stories. The strong horizontal lines at
the middle and top of the building helps visually bring down the scale of the building. The south façade of
the building faces Highway 5 and includes roof line variation, varying building colors, and windows along the
first level at the west end and some windows above the first level, which provides light into the building and
gives the appearance of two stories.
The north façade faces Venture Lane and has articulation similar to the south façade. The windows above
Side Facing Highway 5
Side Facing Venture Lane
Side Facing Highway 5
Staff Report – Highway 5 Business Center
Page 4
4
the main level add light into warehouse. The applicant breaks up the long facades with recesses and
projections, changes in building material and colors, and the placement of windows.
The main entrance to the building, which is on the west side, is emphasized through the use of mostly glass
at the first level and above the entry, cultured stone and canopies/sun shades. The building articulation
complies with City Code.
The rendering below illustrates the west facing façade with the main entrance.
In the Flex Service Zoning District, the facade fronting on Highway 5 (arterial street) is required by City Code
to have a minimum of seventy-five percent (75%) of the façade of the exterior building finish to consist of at
least three (3) contrasting yet complementary Class I materials, with at least one (1) color variation therein.
Staff Report – Highway 5 Business Center
Page 5
5
The proposed façade facing Highway 5 includes glass, precast concrete panels and stone veneer with a color
pallet including beige, iron ore, dark bronze, tan and white.
In the Flex Service Zoning District, the facades with street frontage along Martin Drive and Venture Lane are
required by City Code to have a minimum of seventy-five percent (75%) of the façade of the exterior building
finish to consist of at least two (2) contrasting yet complementary Class I materials, with at least one (1)
color variation therein. Since glass is one of the Class I materials, the precast concrete panels must have at
least two color variations. The material and color scheme being used on the south façade will be the same
on all four facades.
The building architecture, articulation, material and colors are very similar to the Nexus buildings, recently
approved north of Highway 62. All four building facades meet and exceed the building material and color
requirements.
Massing
Being surrounded by right of way on all sides, the site is visually prominent, in particular for west bound
traffic on Highway 5, and for travelers on Venture Lane and Wallace Road. Further impacting the perception
of mass, the adjacent roadbeds on Wallace and Venture are 2-22 feet lower than the Finished Floor
Elevation (FFE), and the roadbed for westbound Highway 5 is about 10 feet higher than the FFE. These
factors may be difficult to visualize. The table below and the figure on the next page illustrates how the
building relates to the surrounding roadways.
South East South West North West North East Mid - side
Building Height 38 Feet
Highway 5
Distance to Bldg from Road 138 feet 150 feet
Road elevation
5 feet
above
9 feet
above
Venture Lane
Distance to Bldg from Road 72 feet 50 feet
Road elevation
1.5 feet
below
17 feet
below
Wallace Road
Distance to Bldg from Road 292 feet
Road elevation
21.5 feet
below
Comparable Building/ road
separation
Cross
Town Core
Winter
Park along
Viking
Drive
Champions
Hall
Winter Park
along
Washington
Staff Report – Highway 5 Business Center
Page 6
6
There are several buildings in Eden Prairie with comparable mass, height, proximity to streets and visibility.
Maps and photos of those buildings have been included to provide some visuals of real-world examples.
5’ above finished floor of building 138’ from edge of pavement to building 9’ above finished floor of building
150’ from edge of pavement to building
1.5’ below finished floor of building
72’ from curb to building
21.5’ below finished floor of building
292’ from curb to building
17’ below finished floor of building
60’ from curb to building
Staff Report – Highway 5 Business Center
Page 7
7
*These buildings use a peaked roof which has a different visual impact on massing perception.
Project Name Building
Height
Adjacent Roadway(s) Distance from Roadway to Building Height of Roadway
Compared to Building
Champions Hall 42 feet to
peak*
Washington Ave S 84-98 feet along Washington Ave Nearly Level
Crosstown Core 37 feet Crosstown Cir and
Flying Cloud Dr.
123-125 feet along Flying Cloud
114-123 feet Crosstown Cir
Nearly Level
Danfoss
Retaining Wall
(@ Mitchell Rd
exit)
16 feet
Highway 5 20 feet to retaining wall
Nearly Level
Danfoss Building 26 feet Highway 5 140 to Industrial Building 3-16 feet higher
Golden Triangle
Industrial
40 feet Golden Triangle Dr.
and Valley View Rd.
66 - 72 feet along Valley View
100+ feet along Golden Triangle
Nearly level
Winter Park 60 feet to
peak*
Washington Ave. S,
Viking Dr., and I-494
50 - 69 feet along Washington
105 -145 feet along Viking Drive
5 feet lower than
building along
Washington
5 feet lower than
building along Viking
Staff Report – Highway 5 Business Center
Page 8
8
Champions Hall, 7000 Washington Avenue S – The soccer addition to Champions Hall is
approximately 53,000 square feet and stands approximately 42 feet tall to the peak. The building is
visible from Washington Ave. S. The building is at a similar distance from the street as the Highway 5
building is from Venture Lane, but here there is little grade change. A berm and landscaping is
employed to soften the east side of the building. Champions Hall does not meet the current design
standards for an Industrial Zoned building.
Staff Report – Highway 5 Business Center
Page 9
9
Crosstown Core, 6500 Flying Cloud Dr.- This 62,000 square foot building stands approximately 37
feet tall. It is visible from Flying Cloud Drive and Crosstown Circle at approximately the same
distance as the Highway 5 building is from Highway 5, but there is not a significant grade change
between the Crosstown Core building and the adjacent streets. The developer used building
articulation, changes in color and material, and window placement to visually reduce the mass and
height.
Staff Report – Highway 5 Business Center
Page 10
10
Danfoss, 14900 Technology Drive - The building and a retaining wall are visible from Highway 5. The
retaining is 20 feet from the off-ramp to Mitchell Road while the building is approximately 140 feet
from the off ramp. The building is 15 feet above the road. Looking at the retaining wall and building
together, the improvements are about 38 feet tall. The retaining wall design, the building
articulation, and landscaping all work together to soften the visual impact of that mass.
Staff Report – Highway 5 Business Center
Page 11
11
Golden Triangle Industrial, 7350 Golden Triangle Drive – This building is 130,000 square feet and
stands 40 feet tall. The building is visible from Valley View Road and Golden Triangle Drive. The
distance from the roadways to the building is similar to the Highway 5 building to Venture Lane
except that there is not much grade change from the streets to the Golden Triangle building.
Changes in building articulation and landscaping helps temper the height and mass of the building.
Staff Report – Highway 5 Business Center
Page 12
12
Winter Park, 9520 Viking Drive – This building is one of the taller buildings in the Golden Triangle and
it is visible from Washington Ave S, Viking Drive and I-494. Although I-494 is lower than the elevation
of the building and the building is 300+ feet from the highway, this 88,000 square foot building that
stands 60 feet tall to the peak and is visually prominent. The side of the building along Washington
Ave. S is most similar to the Highway 5 building as it relates to Venture Lane. The landscaping helps
visually reduce the mass and height of the building.
Staff Report – Highway 5 Business Center
Page 13
13
TREE REPLACEMENT
Much of the east half of the site appears heavily wooded, and most of these trees will be removed. Most of
these trees are cottonwood, aspen, and boxelder. The removal of the significant and heritage trees on the
overall site results in a tree replacement requirement of 506 caliper inches. The applicant will meet the tree
replacement through the payment in lieu option.
LANDSCAPE PLAN
City Code requires single story buildings over 20 feet tall to be considered two (2) stories for purposes of
calculating the landscaping requirements. The proposed building is over 20 feet tall and requires 325 caliper
inches of landscaping. The proposed Landscape Plan includes 325 caliper inches. The plan complies with the
requirements.
The landscaping is robust and includes a variety of trees, shrubs, and perennials. There has been some
discussion about enhancing the screening of the loading docks on the east side of the building. The location
of the stormwater facility, the grades at the property lines, and the access location limits the feasibility of a
large buffer in this area. The landscape plan incorporates larger deciduous and coniferous trees in this area
to maximize screening. The plan provides trees along the Highway 5 side of the building to complement the
building architecture, plantings near the parking lot to provide screening, and foundation plantings to add
interest at the base of the building.
SIDEWALKS AND TRAILS
There is an existing trail on the south side of the Venture Lane and the west side of Wallace Road. The
Minnesota River Bluff Regional Trail crosses Venture Lane approximately 68 feet to the west of the proposed
driveway to this site. The plan includes an accessible sidewalk from the front of the building to the trail along
Venture Lane. This provides pedestrian and bicycle access to a broader trail system. The applicant is also
proposing a bike rack near the northwest corner of the building near this sidewalk.
TRAFFIC STUDY
The proposed development was analyzed for transportation and traffic impacts based on the identified use
of “General Light Industrial”. Trip generation was estimated using the Institute of Transportation Engineers
Trip Generation Manual 11th Edition. The development is expected to generate 38 peak hour trips in the AM
and 34 peak hour trips in the PM, and 252 total daily trips.
Half of the trips are expected to be distributed to the west along Venture Lane towards Highway 5, with the
other half expected to be distributed to the east on Venture Lane to the intersection with Marin
Drive/Wallace Road. From there, 20% of trips are expected to go south on Wallace Road and 30% of trips are
expected to go north and east along Martin Drive toward Mitchell Road. The traffic study concluded that all
intersections in their 2024 configuration can accommodate the additional traffic from this development and
still operate acceptably. The traffic study projected 2040 trip generation and distribution and concluded the
intersection of Venture Lane and Martin Drive/Wallace Road would continue to operate acceptably. The
traffic study concluded that the surrounding roadway network can also accommodate the additional traffic
Staff Report – Highway 5 Business Center
Page 14
14
from this development and still operate acceptably.
Pursuant to City Code 11.24. Subd. 10, all office and industrial developments and redevelopments require a
Transportation Demand Management (TDM) Plan. For this development, the developer must complete a
checklist of TDM strategies that they will commit to implement. Completion of the checklist will be a
condition of the Development Agreement.
DRAINAGE/STORMWATER MANAGEMENT
The stormwater generated from the site is treated via a single infiltration basin on the eastern end of the
site. Overflows from the basin will flow to the City storm sewer system on Wallace Road.
LIGHTING
The Photometric Plan includes wall pack lighting around the building with two pole lights in the parking lot.
These fixtures provide lighting for the main entrance to the building, the parking areas, the driveway and for
the loading dock area. The Lighting Plan complies with City Code, but additional shielding may be necessary
to reduce glare for traffic on Highway 5.
SIGNS
The site plan does not show the possible location of any free-standing monument signs and only one
possible wall sign. All wall signs and free-standing signs must comply with City sign requirements. Prior to
installing any of the signs, a separate sign permit is required.
UTILITIES
Public sanitary sewer, water, and storm sewer are currently located under Venture Lane and Wallace Road.
The applicant will be connecting to these utilities.
SUSTAINABILITY
The applicant is proposing to incorporate the sustainable features and practices listed below:
• Participate in the Energy Design Assistance Program
• A minimum of 2% of parking spaces will accommodate EV charging stations to an EV ready standard.
The Site Plan includes 2 EV Ready parking stalls near the front of the building.
• Design the building so it can support future installation of solar panels
• Use efficient appliances and fixtures
• Use Low VOC materials
• Waste disposal – tenants will recycle
The Building Sustainability Standards do not apply to this project because it is not a PUD.
Staff Report – Highway 5 Business Center
Page 15
15
STAFF RECOMMENDATION
Recommend approval of the following requests:
• Zoning change from I-General to Flex Service on 3.98 acres
• Site Plan Review on 3.98 acres
• Preliminary Plat combining several parcels into one lot on 3.98 acres
CONDITIONS OF APPROVAL
This is based on plans dated January 17, 2025 and the following conditions:
1. Prior to the 1st reading by the City Council, the applicant must:
A. Revise the building height listed in the Site Summary on the Site Dimensions Plan from 34’ to
Average 38’.
2. Prior to release of the final plat, the applicant must:
A. Pay connection fees.
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 detailed utility and erosion control plans for review and approval by the City
Engineer.
D. Obtain and provide documentation of Watershed District approval.
E. Notify the City and Watershed District 48 hours in advance of grading.
F. Provide a construction grading limits and tree protection plan for review and approval by
the City.
G. Install erosion control at the grading limits of the property for review and approval by the
City.
H. Install fencing at the construction grading limits and tree protection areas as shown on
the approved plans.
I. Submit and receive written approval of an executed landscape agreement.
J. Submit a landscaping letter of credit or escrow equivalent to 150% of the cost of the
landscaping.
K. Make a cash payment for Tree Replacement as provided by City Code.
L. Obtain a building permit for retaining wall construction from the City for any retaining
walls greater than four feet in height.
M. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the
cost of the land alteration.
N. Provide proof that the Inspection and Maintenance Agreement for Private Stormwater
Facilities has been recorded.
Staff Report – Highway 5 Business Center
Page 16
16
4. Prior to building permit issuance for the property, the applicant must:
A. Pay the appropriate cash park fees.
5. 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 conduit for EV charging stations.
E. Complete construction of the trash enclosure.
F. Complete implementation of the approved building elevations.
APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, FEBRUARY 10, 2025 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 Acting Chair Farr called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
Commission member Pieper and Weber were absent.
III. APPROVAL OF AGENDA
MOTION: Taylor moved, seconded by Grote to approve the agenda. MOTION
CARRIED 7-0.
IV. MINUTES
MOTION: Duncan moved, seconded by Kirk to approve the minutes of January 27,
2025. MOTION CARRIED 6-0 with one abstention (Grote).
V. PUBLIC HEARINGS
A. VARIANCE #2025-02BOA – 9030 HIGH POINT CIRCLE
Jeremy Leiferman of Citadel Deck Company, and Jason Aaronson, owner at 9030 High Point Circle, displayed a PowerPoint and detailed the application. The applicant was requesting to build a standard-sized deck that would encroach into the rear yard setback. The existing deck followed the property setback but its
irregular size, due to conformity to the 20-foot setback rule, rendered it largely unusable. Leiferman displayed aerial views of the current property line and the location of the setback line.
PLANNING COMMISSION MINUTES February 10, 2025
Page 2
Barnhart presented the staff report. The applicant was requesting a 17-foot
setback, less than the 20-foot setback required by City Code. This application met the five criteria the City must find when granting a variance: the improvement or use was consistent with Comprehensive Plan; improvement was in harmony with the purpose and intent of the variance; the unique characteristics of this property
and practical difficulties with the Ordinance that made a reasonable use
problematic, which was the case here; the practical difficulties within the scope of the improvement of pursuing alternative designs; preservation of neighborhood character; and improvement and reasonable use of property. It was not practical to shift the door as a viable alternative to the deck setback variance. Given that the
open space goals of the rear yard setbacks were in part satisfied with the
preserved outlot, the proposal fit with the overall goals of the Ordinance. Staff recommended approval. MOTION: Sherwood moved, seconded by Duncan to close the public hearing.
Motion carried 7-0.
Duncan found this application to be straightforward and Sherwood agreed. MOTION: Kirk moved, seconded by Taylor to approve the variance to allow a
deck 17 feet from the rear property line in the R1-13.5 Zoning District as
represented in the February 10, 2025, staff report. Motion carried 7-0. HIGHWAY 5 BUSINESS CENTER (2025-03) Request for
• Zoning District Changes from I-General to Flex Service on 3.98 acres
• Site Plan Review on 3.98 acres
• Preliminary Plat combining several tracts into one lot on 3.98 acres
Evan Mattson of Endeavor Development at 5800 American Blvd West, displayed a PowerPoint and detailed the application. He introduced Endeavor Development as a local developer that had acquired property from MnDOT in 2024. The applicant was requesting a rezone to Flex Service and also preliminary plat
approval. The request was consistent with the 2040 guidance of Flex Service and
a preliminary plat was requested because the property was reclaimed from MnDOT right-of-way and was not currently platted. The proposed development would build a 51,966 square foot building. Mattson
displayed elevations showing the materials: three complementary paint tones
(cream, tan, and charcoal), stone veneer, and a metal canopy and bronze window frames. He displayed exterior and interior renderings. Farr asked for and received confirmation the design included the same potential
for a mezzanine as in the other project by this applicant. Mattson replied the
PLANNING COMMISSION MINUTES February 10, 2025
Page 3
project could accommodate one and the parking required but there were no plans
for a mezzanine at this time.
Taylor asked for confirmation on the number of tenants at this building, with the response from Mattson being likely one. .
Barnhart presented the staff report. He stated there was no tenant identified as yet.
The building was identical to but smaller than the Nexus II building approved last month and the Nexus I building reviewed last summer. This project did not require any waivers and met required setbacks, number of parking spaces, landscaping, and materials. This would be the City’s first Flex Service zoning
project incorporating that new zoning district standard. Staff had done a careful
review of the perceived impact on streets near Highway 5, as this will be a visually prominent building. Trees would be removed and landscaping requirements implemented, but this project would effect a significant difference from the site as it currently appears. The staff report included similar buildings to
demonstrate the change to this area which can be hard to visualize.
Staff had carefully examined the screening of the dock doors. It was inevitable that this would be visible to commuters on Highway 5, although the landscaping plan would blunt this effect along the infiltration basin, and there would be a mix
of trees at the southeast corner near the retaining wall. Parking would be analyzed
when the tenant came in, but was configured based on the applicants assumed use distribution. It did meet City Code. Staff recommended approval. Farr noted on the preliminary plat the property line was set back from both
Venture Lane and Wallace Road and asked why the right-of-way was located so
asymmetrically. Barnhart replied this was the boundary line of the property as purchased from MnDOT, and staff had not proposed moving or vacating the right-of-way, but did recognize it was larger than typical easements. Where normally 10 feet was required for utilities, this had been reduced to five feet to
also accommodate landscaping.
Farr noted also there was no site lighting plan in the staff report. He asked for and received confirmation there were several light poles in the western parking lot, and wall mounted lights on the other three sides of the building. Barnhart replied
a photometric plan had been received by staff. The glare concern could be put in the development agreement; the photometric plan would not illustrate this potential for glare. Taylor asked for and received confirmation there were plans for future solar panel
installation, but not solar panels actually being installed with this development. Barnhart replied the building was designed to accommodate solar if desired by the tenant.
PLANNING COMMISSION MINUTES February 10, 2025
Page 4
MOTION: Grote moved, seconded by Duncan to close the public hearing.
Motion carried 7-0.
Grote asked how old the standard was that allowed for two EV charging stations in new development, and if this could be increased in the future. Barnhart replied he was not sure when the standard was created, but there was a PUD requirement
for a certain amount of EV potential. The applicant elected to apply this; it was
not a requirement in this case, and the applicant could elect to add more EV charging stalls as needs warranted. Sivilay added he had visited the site and the only entrance and exit was on
Venture Lane or through Martin Drive to Mitchell Road, yet there were loading
docks on the west side of the building. He asked if the trucks would enter via Wallace Road rather than Venture Lane. Schulze replied the study did not go into that level of details but did indicate 50 percent would go west to Highway 5, and 50 percent going to Martin Drive or Wallace Road, and perhaps 20 percent of
these going all the way to Mitchell instead of Highway 5, et cetera.
Farr asked for and received confirmation there were different levels of preparedness, from EV-ready conduit, wiring and conduit and box, and an EV charger installed with all piping and wiring, plug-in ready. This project would
provide the conduit. He asked if there would be sufficient electrical service to
provide power in the future for EV charging stations. Mattson replied the service would offer 1,600 amps, large for a building of this size. Typically, 2,000 amps per 100,000 square feet was provided, placing this application over the standard metrics, and he was confident there would be sufficient capacity.
Farr commended the project as an exemplary test case for the new Flex Service district without variance, considering the site’s challenges. Kirk agreed, adding that while driving down Eden Prairie Road to Highway 5, he was surprised by the new, brightly-lit car wash recently approved, despite of course knowing about this
development. Therefore, he found staff’s comments about preparing residents for
marked changes at this site were well taken. Eden Prairie was changing and evolving, and this location was a logical one for this continued evolution. He praised the preparation and forethought by staff, the applicant, and the developer.
Grote asked if there had been comments from residents to the west, which existed within the mailing distribution list. Barnhart replied there had not been. Duncan agreed with Farr that this was a very well thought out project which avoided waivers.
MOTION: Duncan moved, seconded by Grote to recommend approval of the Zoning District Changes from I-General to Flex Service on 3.98 acres; Site Plan Review on 3.98 acres; and Preliminary Plat combining several tracts into one lot
PLANNING COMMISSION MINUTES February 10, 2025
Page 5
on 3.98 acres as represented in the February 10, 2025 staff report. Motion carried
7-0.
PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Kirk to adjourn. Motion carried 7-0. The meeting was adjourned at 7:38 p.m.
City Council Agenda Cover Memo
Date: March 4, 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 315707 - 316017
Wire Transfers 11135 – 11169
PCard 11137
ATTACHMENTS
Check Register
Check Summary
City of Eden Prairie
Council Check Summary
3/4/2025
Division Amount Division Amount
000 General Total 16,548 304 Senior Board Total 121
100 City Manager Total 4,801 314 Special Investigations Total 57
101 Legislative Total 521 315 Economic Development Total 6,456
102 Legal Counsel Total 40,038 502 Park Development Total 3,415
110 City Clerk Total 151 509 CIP Fund Total 49,343
111 Customer Service Total 779 513 CIP Pavement Management Tota 769
112 Human Resources Total 50 526 Transportation Fund Total 27,851
113 Communications Total 115 539 2020 Improvement Projects To 1,797
114 Benefits & Training Total 4,669 800 TIF Total 25,000
130 Assessing Total 12,212 804 100 Year History Total 2
131 Finance Total 187 Total Capital Projects Fund 114,811
136 Public Safety Communications 6,636
137 Economic Development Total 385 601 Prairie Village Liquor Total 89,103
138 Community Development Admin.192 602 Den Road Liquor Total 131,055
150 Park Administration Total 2,885 603 Prairie View Liquor Total 90,835
151 Park Maintenance Total 4,517 701 Water Enterprise Fund Total 678,921
153 Organized Athletics Total 2,025 702 Wastewater Enterprise Fund T 12,701
154 Community Center Total 15,985 703 Stormwater Enterprise Fund T 1,564
156 Youth Programs Total 5,697 Total Enterprise Fund 1,004,179
158 Senior Center Total 4,362
160 Therapeutic Recreation Total 433 802 494 Commuter Services Total 26,095
162 Arts Total 7,231 806 SAC Agency Fund Total 17,395
163 Outdoor Center Total 1,370 807 Benefits Fund Total 658,927
168 Art Center Total 3,686 809 Investment Fund Total 1,620
180 Police Sworn Total 13,481 810 Workers Comp Insurance Total 314,502
184 Fire Total 17,043 811 Property Insurance Total 184,644
186 Inspections Total 1,334 812 Fleet Internal Service Total 116,506
200 Engineering Total 868 813 IT Internal Service Total 43,864
201 Street Maintenance Total 6,760 815 Facilities Operating ISF Tot 3,332
202 Street Lighting Total 370 816 Facilities City Center ISF T 52,159
Total General Fund 175,333 817 Facilities Comm. Center ISF 56,570
818 Dental Insurance Total 11,212
446 2014A G.O. TAX ABATEMENT BON 885,050 Total Internal Svc/Agency Funds 1,486,827
448 2016A GO BONDS - WEST 70TH S 115,605
Total Debt Service Fund 1,000,655 Report Total 3,787,140
301 CDBG Total 2,000
303 Cemetery Operation Total 3,166
321 Opioid Settlement Total 170
Total Special Revenue Fund 5,336
City of Eden Prairie
Council Check Register
03.05.2025
Check Date Check Vendor Name Account Description Business Unit Amount Comments02/04/2025 11135(E)U S BANK Principal & Interest Payment Various Funds 1,549,908 Debt Payment
02/20/2025 315962 LEAGUE MN CITIES INS TRUST WC Insurance Workers Comp and Property Insurance 499,146 Property Ins/Workers Comp Premiums
02/14/2025 11155(E)UKG INC Taxes Withheld Health and Benefits 325,099 Payroll Taxes PR Ending 02.07.25
02/14/2025 11154(E)PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits 244,527 PERA PR Ending 01.24.25
01/11/2025 11137(E)USB-PURCHASING CARD Various Various Funds 74,852
02/20/2025 315923 CENTERPOINT ENERGY Gas Various Funds 43,983
02/13/2025 315803 SUREFITTERS Autos Capital Maint. & Reinvestment 43,250
02/13/2025 315747 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal 39,643
02/14/2025 11150(E)EMPOWER Deferred Compensation Health and Benefits 33,587
02/13/2025 315796 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 31,299
02/13/2025 315756 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 29,853
02/20/2025 315966 LOGIS Software Maintenance IT Operating 28,912
02/13/2025 315748 GUARDIAN FLEET SAFETY LLC Autos Fleet - Police 28,782
02/13/2025 315799 SRF CONSULTING GROUP INC Design & Engineering Transportation Fund 25,510
02/13/2025 315720 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 24,934
02/13/2025 315707 ABM ONSITE SERVICES-MIDWEST Janitor Service Various Funds 22,876
02/20/2025 315944 GUARDIAN FLEET SAFETY LLC Autos Fleet - Police 22,079
02/20/2025 315969 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 21,536
02/14/2025 11151(E)ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 21,205
02/20/2025 315950 HULS BROKERAGE INC Lime Residual Removal Water Treatment 20,115
02/18/2025 11162(E)WEX Health Savings Account Health and Benefits 19,321
02/24/2025 316013 GRI EDEN PRAIRIE, LLC Rent Prairie Village Liquor 18,051
02/13/2025 315772 METROPOLITAN COUNCIL Due to Other Governments SAC 17,221
02/24/2025 316016 PRAIRIEVIEW RETAIL LLC Rent Prairie View Liquor 17,055
02/14/2025 11152(E)PAYCHEX Wages & Benefits 494 Corridor Commission 16,996
02/13/2025 315723 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 16,698
02/20/2025 315873 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 16,653
02/20/2025 316009 XCEL ENERGY Electric Various Funds 16,611
02/13/2025 315745 GRAYMONT Lime Water Treatment 16,253
02/13/2025 315821 WINDOW CONCEPTS OF MINNESOTA INC Accounts Receivable TIF-Eden Shores Senior Housing 15,000
02/20/2025 315958 KORTERRA, INC OCS-Other Contracted Services Water Distribution 12,926
02/20/2025 315910 ADVANCED ENGINEERING & ENVIROMENTAL SERV Design & Engineering Water Capital 11,408
02/20/2025 315945 HACH COMPANY Operating Supplies Water Treatment 11,163
02/13/2025 315759 LAND TITLE INC Accounts Receivable TIF-Eden Shores Senior Housing 10,000
02/20/2025 315898 JOHNSON BROTHERS LIQUOR CO 9,575
02/20/2025 315864 BREAKTHRU BEVERAGE MN BEER LLC 9,207
02/13/2025 315825 YOUNGSTEDTS COLLISION CENTER 9,131
02/20/2025 315954 IRON MALTESE ATHLETICS 9,000
02/13/2025 315749 HACH COMPANY 8,760
02/20/2025 315959 KREMER SERVICES LLC 8,743
02/13/2025 315722 BREAKTHRU BEVERAGE MN WINE & SPIRITS 8,125
02/20/2025 315943 GRAYMONT 8,122
02/20/2025 315882 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 8,092
02/20/2025 315997 TECH SALES CO 7,890
02/13/2025 315719 BRAUN INTERTEC CORPORATION 7,355
02/20/2025 315849 JOHNSON BROTHERS LIQUOR CO 7,013
02/20/2025 315951 INDEPENDENT SCHOOL DISTRICT 272 7,012
02/13/2025 315813 VAN PAPER COMPANY 6,701
02/10/2025 11139(E)HEALTHPARTNERS 5,884
02/13/2025 315784 PHILLIPS WINE AND SPIRITS INC 5,528
02/13/2025 315764 LOGIS 5,472
02/20/2025 315855 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 5,364
02/18/2025 11159(E)HEALTHPARTNERS 5,328
02/13/2025 315708 ARTISAN BEER COMPANY 5,327
02/13/2025 315800 ST CROIX ENVIRONMENTAL INC 5,284
Check Date Check Vendor Name Account Description Business Unit Amount Comments02/20/2025 315913 ANCOM COMMUNICATIONS INC 5,245
02/13/2025 315752 HOHENSTEINS INC 4,971
02/20/2025 315915 ARVIG 4,914
02/20/2025 315961 LAW ENFORCEMENT LABOR SERVICES INC.4,891
02/13/2025 315751 HEALTHPARTNERS 4,846
02/20/2025 315880 PHILLIPS WINE AND SPIRITS INC 4,684
02/20/2025 315865 BREAKTHRU BEVERAGE MN WINE & SPIRITS 4,650
02/20/2025 315983 PRECISION UTILITIES 4,600
02/24/2025 316017 SWINGLEY OLYMPIC PLACE, LLC 4,548
02/20/2025 315904 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN 4,429
02/13/2025 315713 BEAUDRY OIL & PROPANE 4,408
02/20/2025 315993 SSI KEF SLB LLC 4,129
02/13/2025 315714 BELLBOY CORPORATION 4,089
02/20/2025 315937 ETHANOL PRODUCTS LLC 4,029
02/13/2025 315782 PALADIN TECHNOLOGIES 3,925
02/13/2025 315827 ZOHO CORP 3,901
02/13/2025 315743 FIRE SAFETY USA INC 3,854
02/20/2025 315972 METRO SALES INCORPORATED*3,812
02/20/2025 315982 ORIGINAL WATERMEN INC 3,766
02/20/2025 315892 BREAKTHRU BEVERAGE MN WINE & SPIRITS 3,758
02/13/2025 315769 MARSHALL'S FARM MARKET 3,699
02/12/2025 11146(E)INVOICE CLOUD INC 3,658
02/20/2025 315853 PHILLIPS WINE AND SPIRITS INC 3,608
02/20/2025 315862 ARTISAN BEER COMPANY 3,427
02/20/2025 315956 ISG 3,415
02/20/2025 315965 LOCKRIDGE GRINDAL NAUEN PLLP 3,333
02/20/2025 315963 LEGACY GYMNASTICS 3,286
02/20/2025 315891 BREAKTHRU BEVERAGE MN BEER LLC 3,280
02/20/2025 315996 SYN-TECH SYSTEMS INC 3,263
02/13/2025 315787 POMP'S TIRE SERVICE INC 3,149
02/13/2025 315754 IMPACT PROVEN SOLUTIONS 3,137
02/13/2025 315824 XIGENT SOLUTIONS LLC 2,961
02/20/2025 315902 PHILLIPS WINE AND SPIRITS INC 2,934
02/20/2025 315933 DUDDECK'S PROPERTY MAINTENANCE LLC 2,900
02/13/2025 315725 CLEAR RIVER BEVERAGE CO 2,891
02/20/2025 315974 MRPA 2,885
02/20/2025 315981 ONSITE MEDICAL SERVICE INC 2,550
02/20/2025 315870 HOHENSTEINS INC 2,496
02/20/2025 315886 WINE MERCHANTS INC 2,444
02/14/2025 11153(E)PERA 2,422
02/20/2025 315866 CAPITOL BEVERAGE SALES LP 2,404
02/13/2025 315783 PAUSTIS & SONS COMPANY 2,249
02/13/2025 315822 WINE MERCHANTS INC 2,238
02/20/2025 315988 REVOLUTIONARY SPORTS, LLC 2,204
02/20/2025 315893 CAPITOL BEVERAGE SALES LP 2,153
02/20/2025 315840 ARTISAN BEER COMPANY 2,087
02/20/2025 315968 MACQUEEN EQUIPMENT INC 2,085
02/13/2025 315712 BCM ONE 2,071
02/13/2025 315801 STREICHERS 2,056
02/13/2025 315792 RISE RIGHT LLC 2,055
02/13/2025 315780 NRG PLUMBING LLC 2,050
02/20/2025 315987 RASMUSSEN JAMES 2,000
02/20/2025 315931 DAKOTA COUNTY CDA 2,000
02/13/2025 315808 TRAFFIC CONTROL CORPORATION 2,000
02/13/2025 315741 EMERGENCY AUTOMOTIVE TECHNOLOGIES INC 1,995
02/20/2025 315991 SHORT ELLIOTT HENDRICKSON INC 1,979
02/20/2025 315842 BREAKTHRU BEVERAGE MN BEER LLC 1,934
02/13/2025 315750 HAMMER COMMUNITY SOLAR LLC 1,786
02/20/2025 316008 WORTHINGTON MATT 1,782
Check Date Check Vendor Name Account Description Business Unit Amount Comments02/20/2025 315895 HOHENSTEINS INC 1,756
02/13/2025 315805 TEE JAY NORTH INC 1,754
02/13/2025 315730 CORE & MAIN 1,713
02/13/2025 315737 DODGE OF BURNSVILLE 1,690
02/20/2025 315889 ARTISAN BEER COMPANY 1,687
02/20/2025 315843 BREAKTHRU BEVERAGE MN WINE & SPIRITS 1,685
02/13/2025 315765 LUBE-TECH & PARTNERS LLC 1,684
02/13/2025 315739 ECM PUBLISHERS INC 1,656
02/20/2025 316002 US BANK 1,620
02/13/2025 315817 VINOCOPIA 1,614
02/20/2025 316003 VARITECH INDUSTRIES INC 1,606
02/20/2025 315928 CORE & MAIN 1,500
02/14/2025 11157(E)WEX 1,448
02/20/2025 315860 WINE MERCHANTS INC 1,416
02/20/2025 315992 SSI KEF SLB LLC 1,403
02/05/2025 11138(E)AMERICAN EXPRESS 1,335
02/20/2025 315844 CAPITOL BEVERAGE SALES LP 1,330
02/20/2025 315911 AMERICAN ENVIRONMENTAL LLC 1,300
02/13/2025 315774 METROPOLITAN MECHANICAL CONTRACTORS 1,229
02/20/2025 315957 J&W INSTRUMENTS INC 1,220
02/13/2025 315716 BLOOMINGTON, CITY OF 1,200
02/13/2025 315810 TWIN CITIES DOTS AND POP LLC 1,149
02/19/2025 11164(E)WEX 1,128
02/13/2025 315731 D H EXCAVATING 1,050
02/13/2025 315819 WALL TRENDS INC 1,045
02/20/2025 315967 LUBE-TECH & PARTNERS LLC 1,044
02/13/2025 315768 MARCO INC 1,042
02/20/2025 315846 HOHENSTEINS INC 1,028
02/20/2025 315872 INSIGHT BREWING COMPANY LLC 994
02/24/2025 316014 J C PENNEY 932
02/20/2025 315948 HENNEPIN COUNTY TREASURER 917
02/20/2025 315953 INTERNATIONAL UNION OF OPERATING 910
02/13/2025 315834 INTERNATIONAL UNION OF OPERATING 910
02/20/2025 315940 FINCH MICHAEL 900
02/13/2025 315766 MACQUEEN EQUIPMENT INC 865
02/13/2025 315724 CERTIFIED LABORATORIES 865
02/24/2025 316012 CHARLIE MAXWELL 864
02/20/2025 315971 METRO ELEVATOR 839
02/13/2025 315762 LEXISNEXIS RISK SOLUTIONS FL INC 833
02/13/2025 315818 W W GOETSCH ASSOCIATES INC 825
02/20/2025 315984 PRINCIPAL FINANCIAL GROUP 803
02/13/2025 315804 SYSCO WESTERN MINNESOTA 774
02/20/2025 316005 W W GOETSCH ASSOCIATES INC 768
02/20/2025 315852 PAUSTIS & SONS COMPANY 760
02/20/2025 315857 SUMMER LAKES BEVERAGE LLC 759
02/20/2025 315876 MEGA BEER 726
02/20/2025 315848 INSIGHT BREWING COMPANY LLC 718
02/13/2025 315763 LHB INC 718
02/13/2025 11149(E)WEX 709
02/20/2025 316007 WM MUELLER AND SONS INC 703
02/13/2025 315814 VENN BREWING COMPANY 687
02/20/2025 315884 VINOCOPIA 672
02/20/2025 315897 INSIGHT BREWING COMPANY LLC 668
02/20/2025 315941 GRAINGER 667
02/20/2025 315890 BELLBOY CORPORATION 667
02/20/2025 315916 ASPEN WASTE SYSTEMS INC.647
02/13/2025 315823 WINEBOW 647
02/21/2025 11136(E)MINNESOTA DEPT OF REVENUE 634
02/20/2025 315932 DODGE OF BURNSVILLE 627
Check Date Check Vendor Name Account Description Business Unit Amount Comments02/13/2025 315790 PRYES BREWING COMPANY 626
02/13/2025 315746 GREAT LAKES COCA-COLA DISTRIBUTION 602
02/20/2025 315990 SHERWIN WILLIAMS CO 592
02/18/2025 11163(E)WEX 581
02/19/2025 11168(E)WEX 577
02/20/2025 315979 NP STRATEGIES LLC 576
02/20/2025 315952 INSIDE EDGE GOLF 576
02/20/2025 315906 SUMMER LAKES BEVERAGE LLC 561
02/13/2025 315777 MODIST BREWING COMPANY 551
02/13/2025 315738 DOMACE VINO LLC 546
02/20/2025 316006 WAYTEK INC 538
02/20/2025 315949 HOUSTON ENGINEERING INC 521
02/13/2025 315811 UKG INC 516
02/20/2025 315850 MAVERICK WINE LLC 512
02/20/2025 315863 BELLBOY CORPORATION 510
02/20/2025 315995 STREIFF, CHAD 506
02/20/2025 315858 VINOCOPIA 503
02/20/2025 315901 PAUSTIS & SONS COMPANY 492
02/14/2025 11169(E)UKG INC 491
02/20/2025 315879 PAUSTIS & SONS COMPANY 489
02/13/2025 315815 VERIZON WIRELESS 476
02/11/2025 11144(E)WEX 467
02/20/2025 315859 WINE COMPANY, THE 466
02/24/2025 316015 JOHN E MORRISSEY 460
02/13/2025 315736 DIVERSE BUILDING MAINTENANCE 444
02/20/2025 315970 MENARDS 443
02/13/2025 315806 THE ADVENT GROUP 435
02/13/2025 315715 BERGMAN LEDGE LLC 429
02/13/2025 315776 MN DEPT OF TRANSPORTATION 417
02/13/2025 315770 MENARDS 408
02/20/2025 316004 VESTIS SERVICES LLC 402
02/20/2025 315887 WINEBOW 389
02/12/2025 11147(E)WEX 385
02/20/2025 315861 WINEBOW 385
02/20/2025 315929 COREMARK METALS 384
02/13/2025 315773 METROPOLITAN FORD 375
02/20/2025 315942 GRAYBAR 370
02/20/2025 316010 ZIEGLER INC 362
02/20/2025 315905 STEEL TOE BREWING LLC 354
02/20/2025 315919 BRAUN INTERTEC CORPORATION 352
02/20/2025 315878 NEW FRANCE WINE COMPANY 352
02/13/2025 315732 DANGEROUS MAN BREWING CO LLC 350
02/13/2025 315820 WARNING LITES 347
02/13/2025 315788 PREMIUM WATERS INC 336
02/20/2025 315851 MEGA BEER 335
02/11/2025 11142(E)WEX 324
02/13/2025 315711 BARREL THEORY BEER COMPANY 323
02/13/2025 315836 PROP - PR 318
02/20/2025 315920 CARLSTON, BRANDON 316
02/13/2025 315816 VESTIS SERVICES LLC 307
02/13/2025 11148(E)OPTUM HEALTH 304
02/19/2025 11167(E)WEX 297
02/20/2025 315908 WINE MERCHANTS INC 293
02/20/2025 315964 LINDEMAN BRETT 293
02/13/2025 315734 DELTA DENTAL 278
02/20/2025 315927 COMCAST 276
02/13/2025 315709 ASPEN EQUIPMENT CO.263
02/13/2025 315735 DIRECTV 256
02/20/2025 315868 DANGEROUS MAN BREWING CO LLC 254
Check Date Check Vendor Name Account Description Business Unit Amount Comments02/13/2025 315807 TIMESAVER OFF SITE SECRETARIAL INC 253
02/13/2025 315775 MINNESOTA CHIEFS OF POLICE ASSOC 250
02/20/2025 315845 DANGEROUS MAN BREWING CO LLC 246
02/20/2025 315856 STEEL TOE BREWING LLC 243
02/20/2025 315896 INBOUND BREW CO 241
02/13/2025 315740 ELM CREEK BREWING COMPANY 234
02/18/2025 11161(E)VANCO SERVICES 221
02/13/2025 315753 IACP 220
02/20/2025 315894 DANGEROUS MAN BREWING CO LLC 217
02/13/2025 315794 SHERWIN WILLIAMS CO 216
02/20/2025 315885 WINE COMPANY, THE 210
02/20/2025 315883 STEEL TOE BREWING LLC 210
02/20/2025 315867 CLEAR RIVER BEVERAGE CO 209
02/20/2025 315899 LUPULIN BREWING COMPANY 207
02/13/2025 315718 BOUND TREE MEDICAL LLC 202
02/20/2025 315975 MSSA 200
02/13/2025 315729 CONCRETE CUTTING AND CORING 193
02/20/2025 315841 BELLBOY CORPORATION 192
02/20/2025 315998 THE ADVENT GROUP 190
02/13/2025 315789 PROPIO LS LLC 179
02/13/2025 315744 GRAFIX SHOPPE 178
02/13/2025 315812 US POSTMASTER - HOPKINS 175
02/14/2025 11156(E)US BANK - PAYMODE 172
02/20/2025 315935 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC 172
02/20/2025 315994 STAPLES ADVANTAGE 160
02/20/2025 315871 INBOUND BREW CO 160
02/20/2025 315985 PROP - PR 159
02/20/2025 315869 DOMACE VINO LLC 159
02/20/2025 315986 QUALITY PROPANE 154
02/13/2025 315831 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC 152
02/10/2025 11140(E)WEX 151
02/20/2025 315839 56 BREWING LLC 150
02/20/2025 315977 NELSEN JOHN 150
02/13/2025 315742 FACTORY MOTOR PARTS COMPANY 147
02/13/2025 315793 SHAMROCK GROUP, INC - ACE ICE 142
02/20/2025 315874 LUPULIN BREWING COMPANY 138
02/13/2025 315755 INBOUND BREW CO 138
02/13/2025 315733 DAXKO LLC 133
02/19/2025 11166(E)WEX 132
02/20/2025 315888 WOODEN HILL BREWING COMPANY LLC 131
02/13/2025 315779 NEW FRANCE WINE COMPANY 131
02/20/2025 315875 MAVERICK WINE LLC 130
02/20/2025 315912 AMERICAN RED CROSS 126
02/20/2025 315900 MAVERICK WINE LLC 125
02/13/2025 315726 COMCAST 119
02/13/2025 315829 CHC CREATING HEALTHIER COMMUNITIES 110
02/20/2025 315877 Montgomery Brewing Company LLC 109
02/20/2025 315939 FASTENAL COMPANY 108
02/19/2025 11165(E)WEX 107
02/20/2025 315925 COMCAST 103
02/20/2025 315847 INBOUND BREW CO 102
02/20/2025 315989 SCOTT NELSON 100
02/13/2025 315758 JOHNSON FITNESS & WELLNESS 98
02/13/2025 315791 REXFORD ZACHARY 95
02/14/2025 11158(E)WEX 93
02/13/2025 315728 COMCAST 90
02/20/2025 315960 LANE JAIMI 90
02/11/2025 11145(E)WEX 86
02/13/2025 315710 ASPEN MILLS 83
Check Date Check Vendor Name Account Description Business Unit Amount Comments02/20/2025 315907 VINOCOPIA 83
02/20/2025 315914 ARCPOINT LABS OF EDINA 80
02/20/2025 315909 ABRAMOVICH GENNADIY 79
02/20/2025 315917 BERRY COFFEE COMPANY 76
02/13/2025 315802 SUBURBAN CHEVROLET 70
02/13/2025 315830 EDEN PRAIRIE CRIME PREVENTION FUND 66
02/20/2025 315903 SHAMROCK GROUP, INC - ACE ICE 65
02/14/2025 315837 DAVID C SAARI 64
02/20/2025 315854 SHAMROCK GROUP, INC - ACE ICE 64
02/13/2025 315778 MPX GROUP, THE 60
02/13/2025 315826 ZIEGLER INC 57
02/20/2025 315924 CHC CREATING HEALTHIER COMMUNITIES 55
02/13/2025 315786 PILGRIM DRY CLEANERS INC 54
02/20/2025 315926 COMCAST 51
02/20/2025 315918 BOHNSACK, SUE 50
02/10/2025 11141(E)WEX 50
02/13/2025 315761 LEONARD, MICHELLE 48
02/20/2025 316000 TRI STATE BOBCAT INC.48
02/20/2025 315980 OFFICE OF MN IT SERVICES 43
02/13/2025 315781 NUSS TRUCK GROUP INC 43
02/13/2025 315828 JOHANNESON ASHER MARYA 42
02/13/2025 315760 LANO EQUIPMENT INC 38
02/11/2025 11143(E)WEX 35
02/20/2025 315947 HEALTHPARTNERS OCCUPATIONAL MEDICINE 35
02/20/2025 315934 EDEN PRAIRIE CRIME PREVENTION FUND 33
02/13/2025 315771 MEREDITH KATE 32
02/20/2025 315955 ISELIN JESSICA A 30
02/20/2025 315978 NORTHERN TOOL 29
02/20/2025 315881 SHAMROCK GROUP, INC - ACE ICE 29
02/20/2025 315999 TOLL GAS AND WELDING SUPPLY 27
02/14/2025 315838 HENNEPIN COUNTY TREASURER 25
02/18/2025 11160(E)MONEY MOVERS INC 24
02/20/2025 316001 UPS 23
02/13/2025 315798 SPOK, INC.22
02/24/2025 316011 BRIAN BENT 22
02/13/2025 315809 TULLY KEIKO 21
02/13/2025 315795 SHRED RIGHT 19
02/13/2025 315717 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE 18
02/20/2025 315921 CDW GOVERNMENT INC.17
02/20/2025 315938 FACTORY MOTOR PARTS COMPANY 15
02/20/2025 315973 MINNESOTA VALLEY ELECTRIC COOPERATIVE 15
02/13/2025 315767 MADISON, MELISSA 14
02/20/2025 315936 EDEN PRAIRIE FOUNDATION 11
02/13/2025 315833 EDEN PRAIRIE FOUNDATION 11
02/13/2025 315832 EDEN PRAIRIE FOUNDATION 11
02/20/2025 315930 CULLIGAN BOTTLED WATER 10
02/20/2025 315946 HALLOCK COMPANY INC 10
02/20/2025 315976 NCPERS GROUP LIFE INSURANCE 8
02/13/2025 315835 NCPERS GROUP LIFE INSURANCE 8
02/13/2025 315727 COMCAST 4
02/20/2025 315922 CEF EP COMMUNITY SOLAR LLC 1
Report Total 3,787,140
City Council Agenda Cover Memo
Date: March 4, 2025
Section: Appointments
Item Number: XII.A.
Department: City Council
ITEM DESCRIPTION
2025 City Commission Appointments
REQUESTED ACTION
MOTION: Move to:
• Appoint to the Flying Cloud Airport Advisory Commission ______________ with a term
ending March 31, 2028; and
• Appoint to the Heritage Preservation Commission ______________with terms ending
March 31, 2028; and
• Appoint to the Human Rights and Diversity Commission ______________with terms
ending March 31, 2028; and
• Appoint to the Parks and Recreation Commission ______________ with terms ending
March 31, 2028; and
• Appoint to the Planning Commission ______________ with terms ending March 31,
2028; and
• Appoint to the Sustainability Commission ______________ with terms ending March 31,
2028.
SUMMARY
The City Council hosted Commission interviews on Tuesday, February 25, 2025. All terms will
begin on April 1. A required orientation session for new commissioners will be held in late
March.
ATTACHMENTS
None.
City Council Agenda Cover Memo
Date: March 4, 2025
Section: Appointments
Item Number: XII.B.
Department: Community Development/Assessing, Jon Thompson
ITEM DESCRIPTION
Appointments to the 2025 Local Board of Appeal and Equalization.
REQUESTED ACTION
Move to appoint to the Local Board of Appeal and Equalization _________________________ for the
period of March 18, 2025 through May 31, 2025 or until the Board of Appeal and Equalization
completes its work.
SUMMARY
The proposed members for Council approval are Eden Prairie residents experienced real estate and
valuation professionals with extensive knowledge of the southwest metro market.
From 1992 through 2024, the City Council has appointed a Special (Local) Board of Appeal and
Equalization. The members are citizen volunteers that are active and knowledgeable, with experience
in the local real estate market. The members are recruited by the City Manager and City Assessor and
appointed annually with confirmation by the City Council. The City pays the members a per diem
payment of $50 for all required training sessions and Board meetings. State statute requires the LBAE
have a quorum of the voting members in attendance for each meeting and at least one member
present is required to have completed the LBAE training offered by the Minnesota Dept. of Revenue;
four candidates for appointment are currently certified.
ATTACHMENTS
None
City Council Agenda Cover Memo
Date: March 4, 2025
Section: Appointments
Item Number: XII.C.
Department: City Council
ITEM DESCRIPTION
2025 City Commission Chair and Vice Chair Appointments
REQUESTED ACTION
MOTION: Move to:
•Appoint ____________ as Chair and ____________ as Vice Chair to the Flying Cloud
Airport Advisory Commission; and
•Appoint ____________ as Chair and ____________ as Vice Chair to the Heritage
Preservation Commission; and
•Appoint ____________ as Chair and ____________ as Vice Chair to the Human Rights
and Diversity Commission; and
•Appoint ____________ as Chair and ____________ as Vice Chair to the Parks and
Recreation Commission; and
•Appoint ____________ as Chair and ____________ as Vice Chair to the Planning
Commission; and
•Appoint ____________ as Chair and ____________ as Vice Chair to the Sustainability
Commission.
SUMMARY
Chairs and Vice Chairs are appointed annually by the City Council following the appointment of
members to City Commissions. The City Council hosted Commission interviews on Tuesday,
February 25, and determined Chair and Vice Chair assignments for the period of April 1, 2025,
through March 31, 2026.
ATTACHMENTS
None.